Loading...
HomeMy WebLinkAboutResolution 4799 Intent to Modify SILD 730, Flanders Mill Subdivision Phase 1-7 DO q�t---=88 9TIN Co.V�o� COMMISSION RESOLUTION NO. 4799 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 730 (FLANDERS MILL SUBDIVISION PHASE 1-7) TO ADD PHASES 4-7 TO THIS DISTRICT AND DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE 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 Modify District 730; Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12,Part 43, as amended, a special improvement lighting district to serve Flanders Mill Subdivision Phase 1-7(the"District")for the purpose of,maintenance and energy costs. The City will maintain and pay energy costs for the modified and unmodified portions of the District. The modified portion of the district is being expanded to include PH 4-7. The distinct will pay the maintenance and energy costs for twenty (20) ELA Bell fixtures made of high grade aluminum and finished with a powder coated midnight finish with a sealed, tempered glass lens containing 75 watt LED fixtures (the "Fixtures) , which will be mounted at 25'; ten (10) ELA Bell fixtures made of high grade aluminum and finished with a powder coated midnight finish,with dual cross arms and two 35 watt fixtures per pole with a sealed,tempered glass lens (the Fixtures) ,which will be mounted at 25'; and fifty-nine (59) BLED20N 42 inch high rectangular bollards made of precision die cast Page 1 of 10 Resolution 4799,Intent to Modify Lighting District 730 aluminum housing with bronze finish and will be 22 watt LED fixtures (the "Fixtures"); ten (10) Philips RoadFocus RFL fixtures made of a low copper die cast aluminum alloy and finished with a powder coated standard green finish, and mounted on a roadway lighting standard with tapered upsweep arm and 207 watt fixtures (the Fixtures); which will be mounted at 35% ten (10) Philips RoadFocus RFM fixtures made of a low copper die cast aluminum alloy and finished with a powder coated standard green finish, and mounted on a roadway lighting standard with tapered upsweep arm and 144 watt fixtures (the Fixtures) which will be mounted at 25' at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges per fixture per month (the"Monthly Charge") are estimated as follows: $49.02 for the LED 75 watt fixtures; $22.87 for the LED 70 watt fixtures; $42.43 for the LED 22 watt fixtures; $67.66 for 207 watt fixtures; and $47.07 for 144 watt fixtures for a total of$229.05 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.730 (Flanders Mill Subdivision Phase 1- 7) of the City of Bozeman, Montana. 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 maintenance and energy and will be assessed for the energy costs and a portion of the maintenance Page 2 of 10 Resolution 4799,Intent to Modify Lighting District 730 as described in Section 1. The maintenance and energy, 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 maintenance and energy provided. 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, 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 costs are estimated at $2,748.60, 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, alleys parks and open space.. The total area of the District to be assessed is 60.67 acres, or 2,642,915 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $45.30 or $0.00103 per square foot. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at$2,748.60,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 $500.00 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$53.55 per acre, or $0.00122 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 Page 3 of 10 Resolution 4799,Intent to Modify Lighting District 730 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 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(June 26, 2017)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 June 5, 2017 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to Page 4 of 10 Resolution 4799,Intent to Modify Lighting District 730 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 June 11, 2017 and June 18, 2017, 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 51h of June,2017. CARSON TAYLOR Mayor ATTEST: c. 7� gp2 "AV .. ♦♦ A.y • /� • ROBIN CROUGH City Clerk l 883 ♦• , f 9 rjN CO r� APPROVED AS TO FORM: GRIW SULLIVAN City Attorney Page 5 of 10 Resolution 4799, Intent to Modify Lighting District 730 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE 1, 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. 4799, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 730 (FLANDERS MILL SUBDIVISION PHASE 1-7) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFORE 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 June 5, 2017, 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: MR�Io�'(p4��_( -1hM MM09- RCS, S ; voted against the same: ; abstained from voting thereon: or were absent: C-IL 7% FYI q . WITNESS my hand officially this 6"' day of June, 2017. gp2 • Robin Crough City Clerk 91L�TIN Co*-10 Resolution 4799, Intent to Modify Lighting District 730 TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 730 (FLANDERS MILL SUBDIVISION PHASE 1-7) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on June 5, 2017, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution No. 4799 to modify Special Improvement Lighting District No. 730 (the "District") for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Flanders Mill Subdivision Phase 1-7, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") No. 4799 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 twenty (20) ELA Bell fixtures made of high grade aluminum and finished with a powder coated midnight finish with a sealed,tempered glass lens containing 75 watt LED fixtures(the"Fixtures),which will be mounted at 25%ten(10)ELA Bell fixtures made of high grade aluminum and finished with a powder coated midnight finish, with dual cross arms and two 35 watt fixtures per pole with a sealed, tempered glass lens (the Fixtures) , which will be mounted at 25% and fifty-nine (59) BLED20N 42 inch high rectangular bollards made of precision die cast aluminum housing with bronze finish and will be 22 watt LED fixtures (the "Fixtures"); ten(10) Philips RoadFocus RFL fixtures made of a low copper die cast aluminum alloy and finished with a powder coated standard green finish, and mounted on a roadway lighting standard with tapered upsweep aim and 207 watt fixtures (the Fixtures); which will be mounted at 35% ten(10) Philips RoadFocus RFM fixtures made of a low copper die cast aluminum alloy and finished with a powder coated standard green finish, and mounted on a roadway lighting standard with tapered upsweep arm and 144 watt fixtures (the Resolution 4799,Intent to Modify Lighting District 730 Fixtures) which will be mounted at 25'. The initial monthly charges per fixture per month (the "Monthly Charge") are estimated as follows: $49.02 for the LED 75 watt fixtures, $22.87 for the LED 70 watt fixtures, $42.43 for the LED 22 watt fixtures,$67.66 for 207 watt fixtures and$47.07 for 144 watt fixtures for a total of$229.05 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 $229.05 per year for the entire District. The total area of the District to be assessed is 60.67 acres, or 2,642,915 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $45.30, or$0.00103 per square foot. On an average size lot of 9,348 square feet the annual estimated cost would be $9.63, which is payable semiannually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service 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 $500.00 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 $53.55 per acre, or .00122 per square foot. On Monday, July loth, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Cleric at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, June 26th, 2017. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by Resolution 4799,Intent to Modify Lighting District 730 telephone at(406) 582-2320. Dated: June 6, 2017 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZ$I1�IC��tTANA O 2 `":. • Robin Crough 1883 City Clerk Legal Publication Dates: Sunday, June 11, 2017 & Sunday, June 18, 2017 Resolution 4799, Intent to Alodify Lighting Dish•ict 730 COMMISSION RESOLUTION NO. 4799 Resolution of Intent to Modify SILD No. 730 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Flanders Mill Subdivision Phase 1-7, 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. 730, as listed in Exhibit "B", in the U.S. Post Office at BozenW; ,,, on Friday, June 9, 2017, directed to the owners at the addresses shown on Exhibjf Q't C� Robin Crough y ����.•o City Clerk LLATIN Subscribed and sworn before me this 9"' day of June, 201 V-4- qk� (Notarial Seal) Printed name i Notary Public for the State of Montana ALICIA KENNEDY NOTARY PUBLIC for the STATE OF MONTANA Residing at: see seal jle' SEAL:g Residing at Bozeman,Montana 9' 2' My Commission Expires `�'`;oF;►ii�?> My Commission expires: see seal August 04,2019 B ® Z E MAN MT City Clerk June 7, 2017 RE: Notice of Passage of Resolution of Intent to Modify the Special Improvement Lighting District 730, Notice of Right to Protest, and Notice of Public Hearing on Monday, July 10, 2017 Dear Property Owner, On Monday, July 10, 2017 at 6:00 PM in the Commission Room at Bozeman City Hall, the Bozeman City Commission will hold a public hearing to consider written protests to modify the Special Improvement Lighting District 730 for assessing the costs for maintenance and energy. You are being mailed this letter because you are considered an owner of real property within the proposed district. At a public meeting on June 5, 2017, the Bozeman City Commission adopted Resolution 4799, a resolution of intent to modify Special Improvement Lighting District 730 (the "District"). Attached to this letter you will find a copy of the notice of passage of Resolution 4799. The resolution is on file in the City Clerk's office located at City Hall, 121 North Rouse Avenue, Suite 202 and is available by emailing agenda@bozeman.net. The District, if created, will comprise the area shown on Exhibit A of Resolution 4799 (map also attached) and will be for the purpose of paying energy and maintenance costs for the District. Owners of property have 15 days from June 11, 2017 to make a written protest against the creation of the District. On July 10, 2017, the City Commission will conduct a public hearing at 6:00 PM in the Commission Room at Bozeman City Hall, 121 North Rouse Ave., Bozeman, MT to consider a resolution to create the District. Please see the attached Notice. During this public hearing the City Commission will accept public comment and consider all valid written protests submitted prior to the established deadline of 5:00 PM on Monday, June 26, 2017. For more information on the creation of the District please contact the City Treasurer Laurae Clark at 582-2326. Sincerely, Robin Crough, City Clerk City of Bozeman Enc. Notice of Passage of Resolution 4799 and Map • 0 Box 1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE.