HomeMy WebLinkAboutResolution 4881 Intent to Create SILD 742, Opportunity Subdivision dog
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COMMISSION RESOLUTION NO. 4881
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
742 (OPPORTUNITY SUBDIVISION) 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 I
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 Opportunity Subdivision(the"District")
for the purpose of,maintenance and energy costs. The district will pay the maintenance and energy
costs for four (4) high strength low alloy steel shafts mounted with four (4) Philips Lumec
RoadFocus LED Cobra Head 72 watt LED luminaires (the "Fixtures), finished in hunter green
which will be mounted at 30'; at the locations shown on Exhibit A (the "Improvements"). The
initial monthly charges per fixture per month (the "Monthly Charge") are estimated as follows:
$3.16 for the LED 72 watt fixtures for a total of$12.64 per month.
Page 1 of 10
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
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.742 (Opportunity Subdivision) 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
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 costs are estimated at$151.68,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
Page 2 of 10
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
of streets,avenues,and alleys. The total area of the District to be assessed is 17.74 acres,or 772,734
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $8.55 or$0.000196 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $151.68,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 $36.74 per acre, or$0.000843 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
Page 3 of 10
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
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 (February 19, 2018) 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 February 26, 2018 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
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 February 4, 2018 and
February 11, 2018 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.
Page 4 of 10
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman,Montana, at a regular session thereof held on the 29th of January, 2018.
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CYN IA L ' S
Mayor
ATTEST: $OZ
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ROBIN CROUGH
City Clerk C `��,a3 �•��
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CO•�1
APP OVED AS TO FORM:
GRE SULLIVAN
City Attorney
Page 5of10
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
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. 4881,entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 742 (OPPORTUNITY SUBDIVISION) 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 January 29,2018, 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. MPwcte-Hit,kS Ems{ tmt tbc- N k*Ln
/'r�v►1ni SSIc�cL r?aSS. MV1E��1 , ^ CUNNIIa st the same: OS ;,vo e ga
abstained from voting thereon: ; or were absent:
WITNESS my hand officially this 30"' day of January, 2018.
B
41
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Robin Crough
City Clerk C,
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9�jWCO.
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 742
(OPPORTUNITY SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on January 29, 2018, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention
No. 4881 to create Special Improvement Lighting District No. 742 (the"District")for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to Opportunity
Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention(the"Resolution")No. 4881 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 four(4)high strength low alloy
steel shafts mounted with four (4) Philips Lumec RoadFocus LED Cobra Head 72 watt LED
luminaires (the "Fixtures), finished in hunter green which will be mounted at 30'; at the locations
shown on Exhibit A(the"Improvements"). The initial monthly charges per fixture per month(the
"Monthly Charge") are estimated as follows: $3.16 for the LED 72 watt fixtures for a total of
$12.64 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 $151.68
per year for the entire District.The total area of the District to be assessed is 17.74 acres,or 772,734
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall
be $8.55 or$0.000196 per square foot annually.
On an average size lot of 128,789 square feet the annual estimated cost would be $25.24,
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$36.74 per acre, or $.000843 per square foot.
On Monday,February 26th,2018 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., M.T., on Monday,
February 19, 2018.
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 this 2nd day of February, 2018.
Resolution 4881, Intent to Create SILD 742—Opportunity Subdivision
BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
BOZ
Robin Crough �►; apt • �,'
City Clerk * ; ,. •
City of Bozeman ��l �83 ,•��
TIN CO.r10
Legal Ad
Publication Dates:
Sunday, February 4, 2018
Sunday, February 11, 2018
BOZEMANMT
City Clerk
February 2, 2018
RE: Notice of Passage of Resolution of Intent to Create the Special Improvement
Lighting District 742, Opportunity Subdivision, Notice of Right to Protest, and Notice of
Public Hearing on Monday, February 26, 2018
Dear Property Owner,
On Monday, February 26, 2018 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 create the Special Improvement Lighting District 742, Opportunity
Subdivision, 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 January 29, 2018, the Bozeman City Commission adopted
Resolution 4881, a resolution of intent to create Special Improvement Lighting District
742, Opportunity Subdivision (the "District"). Attached to this letter you will find a copy
of the notice of passage of Resolution 4881. The resolution is on file in the City Clerk's
office located at City Hall, 121 North Rouse Avenue, Suite 202, or by calling (406) 582-
2320, or on the web at www.bozeman.net. The District, if created, will comprise the
area shown on the enclosed map and will be for the purpose of paying energy and
maintenance costs for the District.
Owners of property have 15 days from February 4, 2018 to make a written protest
against the creation of the District. During the public hearing on February 26, 2018, 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, February 19, 2018.
For more information on the creation of the District please contact the City Treasurer
Laurae Clark at (406) 582-2326.
Sincerely, p,O0
0� , . . ■ ,
i
Robin Crough
City Clerk U • .2!:
City of Bozeman
•ALL• ■ ■ • • °��� ,
Enc. Notice of Passage of Resoiut oo,, I'
Map
Bozeman, MT 59771-1230
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
Resolution 4881,Intent to Create SILD 742—Opportunity Subdivision
COMMISSION RESOLUTION NO. 4881
Resolution of Intent to create SILD No. 742 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Opportunity Subdivision, 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 cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 742, as listed in Exhibit "B", on Friday, February 2, 2018,
directed to the owners at the addresses shown on Exhibit "B".
02 ,.
Robin Crough `U; M88
City Clerks�
Subscribed and sworn before me this 2nd day of February, 2018. LgTI1V co.��0
vial SB NDA SWEENEY
Notary Public
�?NOTAR1.1 for the State of Montana
-- = Residing at:
.SF,AL.��;= Bozeman, Montana Printed name ,
My commission Expires:
OF
December 02,2018
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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Exibit B
OPPORTUNITY SUBDIVISION
Ownership:
Bozeman 6, LLC
600 S Main St
Bozeman,MT 59718
Original Acct#84790, RFG9134
20.333 acres or 885,706 Sq Ft
ADDRESS LOT SQ FT
2525 N 19th Ave 1 96,778
2050 Kimberwicke St 2 56,856
2252 Kimberwicke St 3 195,332
2055 Kimberwicke St 4 322,052
2253 Kimberwicke St 5 94,139
2769 Max Ave 6 7,577
Total Assessable Square Footage 772,734
Total Assessable Acres 17.74