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HomeMy WebLinkAboutResolution 3921 Intent to create SLID 687 (Harvest Creek Ph 6-11) COMMISSION RESOLUTION NO. 3921 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 687 (HARVEST CREEK SUBDIVISION PHASES 6-11)) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, 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 Harvest Creek Subdivision, Phases 6-11 (the "District") for the purpose of installing certain lighting fixtures and paying annual ownership, maintenance and energy costs. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install, maintain and provide energy for seven (7) Decashield 400 Luminaire light fixtures (the "Fixtures") for Phase 6 at the locations shown on Exhibit A (the "Improvements"). The current monthly charges per fixture per month (the "Monthly Charge") for phase 6 are as follows: $23.15 per light per month for a monthly total of $162.03. Forty-five (45) 1 OO-watt fixtures mounted at 20 feet for Phases 7-11; at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") for phases 7-11 are as follows: $28.33 per fixture, for a total of $1,275.00 per month. The initial Monthly Charge is based on price of Fixtures quoted by manufacturer as of the date hereof, which are subject to increase on 30 days notice prior to placing an order. The Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service Commission, the rates for each component of which will be shown on the Company's Schedule No. ELDS-1. The costs of the Improvements will be payable from special assessments to be levied against property in the District. 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. 687 (HARVEST CREEK SUBDIVISION PHASES 6-11) 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) and more particularly described on Exhibit B 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 C hereto (which is hereby incorporated herein and made a part hereof). Section 4. Benefited Property. The District and territory included within the limits and - 1 - expense of making the Improvements may make and file with the Clerk of the Commission until 5:00 p.m., M.T., on the expiration date of said 15-day period (June 25,2006) written protest against the proposed Improvements, 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 26, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Section 10. Notice of Passaqe 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 June 11 and June 18,2006, 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 ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of June, 2006. C~l{~ ATTEST: ~R SS,hv1ayor W Brit Fontenot=-- I City Clerk . AS TO FORM: - 3 - Legal Description - Harvest Creek Subdivision, Phases 6-11 That part of the Southwest Quarter of Scction 2, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, described as follows: Commencing at the Southwest Comer of said Section 2; thence easterly 089027' 06", assumcd azimuth from north, 165.07 feet along the south line of said Southwcst Quarter; thcnce northerly 0010 13' 17" azimuth 340.39 fcet along the west linc of Harvest Creck Subdivision - Phase 5, to thc point ofbcginning ofthc property to be described; thence northerly 0010 13' 17" azimuth 984.21 feet; thcnce easterly 0890 20' 29" azimuth 164.91 feet; thence northerly OOP 13' 08" azimuth 1325.08 feet; thcnce easterly 0890 21' 25" azimuth 1006.96 feet along the north line of said Southwest Quarter; thence southerly 179022' 06" azimuth 487.56 feet; thence southcrly 170038' 37" azimuth 154.75 feet; thcnce southerly 1630 36' 19" azimuth 77.43 feet; thence southerly 1610 57' 54" azimuth 109.31 feet; thcnce southerly 161026' 39" azimuth 245.46 feet; thence wcstcrly 252001' 47" azimuth 35.00 feet; thence southerly 161026' 39" azimuth 835.36 feet; thence westerly 251026' 39" azimuth 285.00 feet; thence southerly 1610 26' 39" azimuth 1] 0.00 feet; thence westerly 251026' 39" azimuth 19.03 feet; thence southerly 1610 26' 39" azimuth 60.00 fect; thence southerly 1 no 28' 29" azimuth 152.47 feet; thence westerly 2580 18' 54" azimuth 221.29 feet; thcnce wcsterly 2690 27' 06" azimuth 273.71 feet; thence southerly 1810 13' 17" azimuth 2.84 feet, thcncc westerly 269027' 06" azimuth 913.25 feet; to the point of beginning. Area = 2,875,453 squarc fect, 66.0113 acres or 267,138 square mcters. Subject to existing cascments. Total area to be assessed is 1,837,612.00 square feet, 42.19 acres.