HomeMy WebLinkAboutResolution 4884 Intent to Create SILD 743, South University District 130
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COMMISSION RESOLUTION NO. 4884
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
743 (SOUTH UNIVERSITY DISTRICT) 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 South University District(the"District")
for the purpose of maintenance and energy costs. The district will pay the maintenance and energy
costs for eight (8) Philips Gardco 14" Form 10 Square LED Extruded Luminaires which are 85-
watts, mounted on a 35' single square pole in a Bobcat Blue finish (the "Fixtures") selected for
Campus Boulevard and South 1 lt"Avenue of Phase 1;five(5)Philips Gardco Form 10 LED square
arm luminaires which are 96-watts, mounted on a 35' single square pole mount in a Bobcat Blue
finish (the "Fixtures") selected for Campus Boulevard of Phase 2; five (5) Philips Lumec
RoadFocus LED Cobra Head Luminaires which are 108-watts, mounted on a 30' single pole in a
blue textured finish(the"Fixtures") selected for South 14t"Avenue and Student Drive of Phase 2;
eleven (11) Cooper Lighting Epic Classic Medium 7 LED LightBARs which are 27-watts,
mounted on a 10' single luminaire pole (the "Fixtures") selected for State Street of Phase 1; and
Page 1 of 10
Resolution 4884,Intent to Create SILD 743—South University District
eight(8)Philips Lumec RoadFocus LED Cobra Head Luminaires which are 72-watts,mounted on
a 30' single pole in a textured hunter green finish (the "Fixtures") selected for the west side of
South 11�h Avenue of Phase 2; at the locations shown on Exhibit A (the "Improvements"). The
initial monthly charges per fixture per month (the "Monthly Charge") are estimated as follows:
$2.72 per 14" LED 85-watt fixture for a total of$21.74 per month; $3.07 per 14" LED 96-watt
fixture for a total of$15.37 per month; $3.46 per LED Cobra Head 108-watt fixture for a total of
$17.29; $.87 per LED Epic Classic 27-watt fixture for a total of$9.52; and $2.31 per LED Cobra
Head 72-watt fixture for a total of$18.48 or $82.40 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.743 (South University District) 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.
Page 2 of 10
Resohrtion 4884,Intent to Create SILD 743—South University District
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 988.85,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 107.15 acres, or
4,667,454 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $9.23 or $0.000212 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $988.85,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 $13.90 per acre, or$0.000319 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.
Page 3 of 10
Resolution 4884,Intent to Create SILD 743—South University District
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 (February 26, 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 March 5, 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 11, 2018 and
Page 4 of 10
Resolution 4884, Intent to Create SILD 743—South University District
February 18, 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.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 5th of February, 2018.
CYNTHIA A S
Mayor
ATTEST:
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ROBIN CROUGH U d '= •
City Clerk3y •`.�
�tL`9 TIN C�e�10
APP OVED AW FORM:
RE ULLIVAN
City Attorney
Page 5 of 10
Resolution 4884, Intent to Create SILD 743—South University District
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. 4884,entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 743 (SOUTH UNIVERSITY DISTRICT) 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 February 5, 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: MA�2 f 1Jk� MAIX Mf l
Uvoted asMUN
inmost t\he same:
abstained from voting thereon: ; or were absent:
WITNESS my hand officially this 61h day of February, 2018.
-
Robin Crough U ; t �' • z =
City Clerk . " '1��3 •�`�
41,TIN C� ,,
BOZE MAN MT
City Clerk
February 9, 2018
RE: Notice of Passage of Resolution of Intent to Create the Special Improvement
Lighting District 743, South University District, Notice of Right to Protest, and Notice of
Public Hearing on Monday, March 5, 2018
Dear Property Owner,
On Monday, March 5, 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 743, South University District, 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 February 5, 2018, the Bozeman City Commission adopted
Resolution 4884, a resolution of intent to create Special Improvement Lighting District
743, South University District (the "District"). Attached to this letter you will find a copy
of the notice of passage of Resolution 4884. 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 11, 2018 to make a written protest
against the creation of the District. During the public hearing on March 5, 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 26, 2018.
For more information on the creation of the District please contact the City Treasurer
Laurae Clark at (406) 582-2326.
g0
Sincerely, pF
Robin Crough `*/
City Clerk
City of Bozeman �l�•♦ +1 883 0 4,~l
TIN 0
Co.�1
Enc. Notice of Passage of Resolution'4$84
Map
0121 North Rouse AvenueP.O. Box
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
Resolution 4884,Intent to Create SILD 743—South University District
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 743
(SOUTH UNIVERSITY DISTRICT)
CITY OF BOZEMAN,MONTANA
NOTICE IS HEREBY GIVEN that on February 5, 2018, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention
No. 4884 to create Special Improvement Lighting District No. 743 (the"District")for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to South University
District, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 4884 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 eight (8) Philips Gardco 14"
Form 10 Square LED Extruded Luminaires which are 85-watts, mounted on a 35' single square
pole in a Bobcat Blue finish (the "Fixtures") selected for Campus Boulevard and South 1Ith
Avenue of Phase 1; five (5) Philips Gardco Form 10 LED square arm luminaires which are 96-
watts,mounted on a 35' single square pole mount in a Bobcat Blue finish(the"Fixtures")selected
for Campus Boulevard of Phase 2; five (5) Philips Lumec RoadFocus LED Cobra Head
Luminaires which are 108-watts, mounted on a 30' single pole in a blue textured finish (the
"Fixtures") selected for South 141h Avenue and Student Drive of Phase 2; eleven (11) Cooper
Lighting Epic Classic Medium 7 LED LightBARs which are 27-watts, mounted on a 10' single
luminaire pole (the "Fixtures") selected for State Street of Phase 1; and eight (8) Philips Lumec
RoadFocus LED Cobra Head Luminaires which are 72-watts, mounted on a 30' single pole in a
Resolution 4884,Intent to Create SILD 743—South University District
textured hunter green finish (the "Fixtures") selected for the west side of South 11t" Avenue of
Phase 2; at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges
per fixture per month (the "Monthly Charge") are estimated as follows: $2.72 per 14" LED 85-
watt fixture for a total of$21.74 per month;$3.07 per 14"LED 96-watt fixture for a total of$15.37
per month; $3.46 per LED Cobra Head 108-watt fixture for a total of$17.29; $.87 per LED Epic
Classic 27-watt fixture for a total of$9.52; and $2.31 per LED Cobra Head 72-watt fixture for a
total of$18.48 or $82.40 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 $988.85
per year for the entire District. The total area of the District to be assessed is 107.15 acres, or
4,667,454 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $9.23 or $0.000212 per square foot annually.
On an average size lot of 1,166,864 square feet the annual estimated cost would be
$247.21 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$13.90 per acre, or$.000319 per square foot.
On Monday, March 5th, 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
Resolution 4884,Intent to Create SILD 743—South University District
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
Monday, February 26, 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 7th day of February, 2018.
BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA
B 02 ,.
Robin Crough ^,�®tiro •�•�,�,:
City Clerk `U
City of Bozeman
��•.y 1883
Legal Ad
Publication Dates:
Sunday, February 11, 2018
Sunday, February 18, 2018
Resolution 4884,Intent to Create SILD 743—South University District
COMMISSION RESOLUTION NO. 4884
Resolution of Intent to create SILD No. 743 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to South University District, 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. 743, as listed in Exhibit "B", on Friday, February 9, 2018,
directed to the owners at the addresses shown on Exhibit "B".
Robin Crough
City Clerk * . t,� * .
9�'•, 1883 ,.•.t�'
Subscribed and sworn before me this 9th day of February, 2018. lq • . . . • o�
" BRENDA SWEENEY
Notary Public
�oTARJAt <_for the State of Montana
Residing at: Printed name J vK&
.SF,AL.=Q; Bozeman, Montana
my commission
em eri02,2o s s. Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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Exhibit B
SOUTH UNIVERSITY DISTRICT
Assessable
Acct# Lot Acres Sq Ft Ownership Address
226580 1 Ph 1 9.82 427,759 NB Stadium View DST 16B Journey Ste 200 Aliso Viejo, CA 92656
226570 2 Ph 1 6.41 279,220 CCC Bozeman LLC 431 Office Park Dr Birmingham,AL 35223
248300 1 Ph 2 16.05 699,138 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon, CA 94920
206730 2 Ph 2 74.87 3,261,337 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon, CA 94920
107.15 4,667,454 Total Sq Ft
BOZE MAN
MT
City Clerk
March 30, 2018
RE: Special Improvement Lighting District 743, South University District, Notice of
Public Hearing on Monday, April 9, 2018
Dear Property Owner,
On Monday, April 9, 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 743, South University District, 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 February 5, 2018, the Bozeman City Commission adopted
Resolution 4884, a resolution of intent to create Special Improvement Lighting District
743, South University District (the "District"). 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 Notice of Passage of Resolution 4884 was mailed to you previously with the protest
opportunity. The protest period ran from February 11, 2018 to February 26, 2018 and is
now closed.
This letter provides notice of the final hearing on creating the district. During the public
hearing on April 9, 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 26, 2018. For more information on the creation of the District please
contact the City Treasurer Laurae Clark at (406) 582-2326.
Sincerely,
B0Z�
•
Robin Crough
City Clerk ; U
City of Bozeman
LL`1T7N co121 North Rouse Avenue 3t�
• • Box 1230
Bozeman, NIT 59771-1230
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
Resolution 4884,Intent to Create SILD 743—South University District
COMMISSION RESOLUTION NO. 4884
Resolution of Intent to create SILD No. 743 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to South University District, 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. 743, as listed in Exhibit "B", on Friday, March 30, 2018,
directed to the owners at the addresses shown on Exhibit "B".
2�'
Robin Crough U • ` •:9'�
City Clerk : * • -_ — '
•��•, , ••�•'
Subscribed and sworn before me this 30th day of March, 2018. �T 1883 o _S
o r44 Ne@AENDA SWEENEY
11
Notary Public
m?No1nR/.,�c;for the State of Montana
Residing at:
* AL.- Bozeman, Montana Printed name
- i My Commission Expires:
December 02,2018
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal