HomeMy WebLinkAboutResolution 4735 Intent to Create SILD 736, The Crossing at Baxter Meadows Phase 4F 9TjN CO.tM1Ot,
COMMISSION RESOLUTION NO. 4735
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 736 (THE CROSSING AT BAXTER
MEADOWS PHASE 4F) DECLARING IT TO BE THE INTENTION OF
THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS OF MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF
SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the "Commission") of the City of
Bozeman(the "City"), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements. It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve The Crossing at Baxter
Meadows Phase 417 (the"District")for the purpose of,maintenance and energy costs. The district
will pay the maintenance and energy costs for one (1) 17.5" Decorative Base Mount Pole with
Lumec Domus style luminary fixture, which will be a 40 watt fixture arm mounted at 17.5 feet
which will match existing light poles immediately east of project on Tschache Lane shown on
Exhibit A(the"Improvements"). The initial monthly charge per fixture per month(the"Monthly
Charge") is estimated as follows: $2.09 for the 40-watt fixture, for a total of$2.09 per month.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No.736 (The Crossing at Baxter Meadows
Phase 4F) of the City of Bozeman, Montana.
Page 1 of 9
Resolution 4735,Intent to Create Lighting District 736
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached
as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which
boundaries are designated and confirmed as the boundaries of the District. A listing of each of the
properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and
made a part hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements,in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5. The annual maintenance and energy cost is estimated at $25.08, and shall be assessed
against each lot,tract or parcel of land in the District for that part of the costs that the area of such
lot,tract or parcel bears to the total area of all lots,tracts or parcels of land in the District,exclusive
of streets, avenues, and alleys. The total area of the District to be assessed is 2.03 acres, or 88,601
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $12.35 or $0.00028 per square foot annually.
Section 6
Page 2 of 9
Resolution 4735,Intent to Create Lighting District 736
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $25.08, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $258.66 per acre, or $0.00594 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District,the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has,prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the District, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
Section 9
Page 3 of 9
Resolution 4735, Intent to Create Lighting District 736
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (November 29, 2016) written protest against the proposed maintenance and energy
costs, or against the extension or creation of the District or both, and this Commission will at its
next regular meeting after the expiration of the fifteen (15) days in which such protests in writing
can be made and filed, proceed to hear all such protests so made and filed; which said regular
meeting will be held on December 5, 2016 in the Commission Room at City Hall, 121 N Rouse
Avenue.
Section 10
Notice of Passa)Ze of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman
Daily Chronicle, a newspaper of general circulation in the county on November 20, 2016 and
November 27, 2016, in the form and manner prescribed by law, and to mail or cause to be mailed
a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or
corporation having real property within the District listed in his or her name upon the last
completed assessment roll for state, county, and school district taxes, at his last-known address, on
or before the same day such notice is first published.
PASSED AND APPROVED by the City Commission of the City of Bozeman,Montana,
at a regular session thereof held on the 7t1' of November, 2016.
CARSON TAYLOR
Mayor
Page 4 of 9
Resolution 4735, Intent to Create Lighting District 736
ATTEST:
`0.
0
ROBIN CROUCH, :_
City Clerk --Q`
APPROVED AS TO FORM:
1
G SULLIVAN
City Attorney
Page 5 of 9
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The Crossing at Baxter Meadows Phase 4F
Zone B-2
Owner: Bright Development LLC
1933 N 22nd Ave
Bozeman, MT 59718
Lot Blk Address Sq Ft
1 Tschache Ln 8,156
2 Tschache Ln 10,297
3 Tschache Ln 11,245
4 Tschache Ln 14,602
10 Tschache Ln 14,603
11 Tschache Ln 11,245
12 Tschache Ln 10,297
13 Tschache Ln 8,156
Total 88,601
Resolution 4735,Intent to Create Lighting District 736
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the "City"), hereby certify that the attached resolution is a true copy of
Resolution No.4735,entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 736 (THE CROSSING AT BAXTER MEADOWS PHASE 4F) DECLARING
IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR
THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY
BY THE LEVY OF SPECIAL ASSESSMENT."(the"Resolution"),on file in the original records
of the City in my legal custody;that the Resolution was duly adopted by the City Commission of
the City of Bozeman at a meeting on November 7, 2016, and that the meeting was duly held by
the City Commission and was attended throughout by a quorum, pursuant to call and notice of
such meeting given as required by law; and that the Resolution has not as of the date hereof been
amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof (}[r �for NY�I�xw P-YV M.
";voted against the same: ; abstained from voting
thereon: u ; or were absent:
WITNESS my hand officially this 9t" day of November,2016., „
10 o ,> .
� E 4
Robin Crogh
City Clerk
Resolution 4735,Intent to Create Lighting District 736
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 736
(THE CROSSING AT BAXTER MEADOWS PHASE 4F)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on November 7, 2016, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention
No. 4735 to create Special Improvement Lighting District No. 736 (the"District")for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to The Crossing at
Baxter Meadows Phase 417, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 4735 is on file
with the City Clerk which more specifically describes the nature of the costs, the boundaries and
the area included in the District, the location of the Improvements and other matters pertaining
thereto and further particulars. A list of properties in the District and the amount of the initial
assessment accompanies this notice. The Resolution and accompanying exhibits may be also
viewed on the City's website at www.bozeman.net.
The district will pay the maintenance and energy costs for one (1) 17.5"Decorative Base
Mount Pole with Lumec Domus style luminary fixture, which will be a 40 watt fixture arm
mounted at 17.5 feet which will match existing light poles immediately east of project on Tschache
Lane shown on Exhibit A(the"Improvements"). The initial monthly charge per fixture per month
(the "Monthly Charge") is estimated as follows: $2.09 for the 40-watt fixture, for a total of$2.09
per month.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an "area basis" annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge are $25.08
per year for the entire District. The total area of the District to be assessed is 2.03 acres, or 88,601
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $12.35, or $0.00028 per square foot. On an average size residential lot of 11,075 square
feet the annual estimated cost would be $3.10, which is payable semiannually. The annual
assessments for costs of the Improvements may be increased as approved by the Public Service
Resolution 4735,Intent to Create Lighting District 736
Commission and may be increased to cover extraordinary expenses of repair and maintenance.
The first year of special assessment billing will include an additional amount not to exceed $500
for publication and mailing associated with creation of the District which shall be assess in the
same manner as the Improvements resulting in a cost not to exceed $258.66 per acre, or .00594
per square foot.
On Monday, December 5, at 6:00 p.m., in the Commission Room at City Hall 121
N Rouse Ave,Bozeman,Montana,the City Commission will conduct a public hearing to hear
and pass upon all written protests against the creation or extension of the District, or the
Improvements.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., MST, on
Tuesday,November 29, 2016.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
Dated: November 14, 2016
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF,13Q4EMAN, MONTANA
OF B 0,> .
♦ k.
Robin Clough .r _ l ■
City Clerk, A, !_ •��
�,•. 1883 •`�
Legal Ad
Publication Dates:
Sunday, November 20, 2016
Sunday,November 27, 2016
Resolution 4735,Intent to Create Lighting District 736
COMMISSION RESOLUTION NO. 4735
Resolution of Intent to create SILD No. 736 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to The Crossing at Baxter Meadows Phase 4F, and
paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
ss
County of Gallatin )
Robin Crough, City Clerk,being first duly sworn, says:
That I deposited a copy of the Notice in regards to the owners in Special Improvement
Lighting District No. 736, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Monday,November 14,2016, directed to the owners at the addressed sh� 6h Exhibit "B".
0_
. 1
Robin C7ro;ugll'
City Cleri"• - �•��
f IE83 °•
7 I • 1 P P P °
Subscribed and sworn before me this 14"' day of November, 2016.
(Notarial Seal)
EM
ARL MICHALSONNotary Public Printed name?Pa rhe State of MontanaResiding at: Notary Public for the State of Montana
zeman, Montana commission Expires: Residing at: see seal
March 10,2020
My Commission expires: see seal