HomeMy WebLinkAboutResolution 5088 Intent to Create SILD 755, Norton East Ranch Subdivision Phase 4 DO
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RESOLUTION NO. 5088
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
755 (NORTON EAST RANCH SUBDIVISION, PHASE 4) 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 Norton East Ranch
Subdivision Phase 4 (the "District") for the purpose of maintenance and energy costs. The district
will pay the maintenance and energy costs for one (1) Philips Lumec 108 watt Roadway Lighting
Standard with an upsweep single luminaire arm, mounted at 25'. It will be finished in K-KLAD
over galvanized-green. They will also pay for (1) Philips Lumec 85 watt Roadway Lighting
Standard with an upsweep single luminaire arm,mounted at 30'. It will be finished in K-Klad over
galvanized-green. And, the district will pay for (2) Phillips Lumec 85 watt Roadway Lighting
Standard with upsweep double luminaire arms, mounted at 30' (4 lights total). They will be
finished in K-Klad over galvanized-green (the "Fixtures"). The initial monthly charge per fixture
per month(the"Monthly Charge")is estimated as follows: $3.42 for the 108 watt fixture and$2.91
Page 1 of 10
Resolution 5088, Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
for the (5) 85 watt fixtures for a total of$17.97 per month or$215.64 annually.
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. 755 (NORTON EAST RANCH
SUBDIVISION,PHASE 4) 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$215.64,and shall be assessed
Page 2 of 10
Resolution 5088, Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
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 11.12 acres,or 484,389
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall
be $19.40 or $.000446 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $215.64,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$64.36 per acre, or$.001478 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
Page 3 of 10
Resolution 5088,Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
resolution,provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has,prior to th6 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 (September 9, 2019) 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 September 16, 2019 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 August 25, 2019 and
September 1, 2019,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 5088,Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 19`h da ugust, 2019.
C IA L. A DR S
Mayor
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ATTEST: �
,�'�Q ° • �l '�
ROBIN CROUGH '
City Clerk •�T' ' • '
APP OVED AS TO FORM:
G RE6 SFLLIV'AN
City Attorney
Page 5 of 10
Resolution 5088,Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
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. 5088, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 755 (NORTON EAST RANCH SUBDIVISION, PHASE 4)
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 August 19,2019, 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: M#4ty BERL U mo4QO12 NA-WL,
voted against the same: abstained from voting thereon:
or were absent:
WITNESS my hand officially this 20th day of August, 2019.
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• • • • •� ,�
ROBIN CROUGH
City Clerkm- ;17
TIN CO• 1
Resolution 5088,Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 755
(NORTON EAST RANCH SUBDIVISION,PHASE 4)
CITY OF BOZEMAN,MONTANA
NOTICE IS HEREBY GIVEN that on August 19, 2019, the City Commission (the
"Commission") of the City of Bozeman, Montana(the "City"), adopted a Resolution of Intention
No. 5088 to create Special Improvement Lighting District No. 755 (the"District") for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to NORTON EAST
RANCH SUBDIVISION, PHASE 4, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 5088 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) Philips Lumec 108 watt Roadway Lighting Standard with an upsweep
single luminaire arm,mounted at 25'. It will be finished in K-KLAD over galvanized-green. They
will also pay for (1) Philips Lumec 85 watt Roadway Lighting Standard with an upsweep single
luminaire arm, mounted at 30'. It will be finished in K-Klad over galvanized-green. And, the
district will pay for (2) Phillips Lumec 85 watt Roadway Lighting Standard with upsweep double
luminaire arms, mounted at 30' (4 lights total). They will be finished in K-Klad over galvanized-
green (the "Fixtures"). The initial monthly charge per fixture per month (the "Monthly Charge")
is estimated as follows: $3.42 for the 108 watt fixture and $2.91 for the (5) 85 watt fixtures for a
total of$17.97 per month or$215.64 annually.
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 $215.64
per year for the entire District. The total area of the District to be assessed is 11.12 acres, or
Resolution 5088,Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
484,389 square feet, exclusive of parks and open space. The initial costs of the Improvements per
acre shall be $19.40, or $0.000446 per square foot. On an average size lot of 26,911 square feet
the annual estimated cost would be $12.01, 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
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 $64.36 per acre, or $0.001478
per square foot.
On Monday, September 16, 2019, 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
September 9, 2019.
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 23rd day of August, 2019.
$OZz'�
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Robin Crough
City Clerk ,;;,
City of Bozeman
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Legal Ad ff'V(Co..
Resolution 5088,Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
Publication Dates:
Sunday, August 25, 2019
Sunday, September 1, 2019
BOZE MAN
MT
City Clerk
August 22, 2019
RE: Notice of Passage of Resolution of Intent to Create Special Improvement Lighting
District 755, Norton East Ranch Subdivision, Phase 4, Notice of Right to Protest, and
Notice of Public Hearing on Monday, September 16, 2019
Dear Property Owner,
On Monday, September 16, 2019 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 755, Norton East Ranch
Subdivision, Phase 4, 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 August 19, 2019, the Bozeman City Commission adopted
Resolution 5088, a resolution of intent to create Special Improvement Lighting District
755, Norton East Ranch Subdivision, Phase 4 (the "District"). Attached to this letter you
will find a copy of the notice of passage of Resolution 5088. The resolution is on file in
the City Clerk's office located at City Hall, 121 North Rouse Avenue, Suite 200, 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 August 25, 2019 to make a written protest
against the creation of the District. During the public hearing on September 16, 2019,
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, September 9, 2019.
For more information on the creation ofAbQ,Qistrict please contact the City Treasurer
Laurae Clark at (406) 582-2326. OB02�,
Sincerely, r •,9
Robin Crough 3
City Clerk 83
City of Bozeman TIN Co•�Zo
Enc. Notice of Passage of Resolution 5088
Map
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TDD: 406-582-2301 THE MOST LIVABLE PLACE.
Resolution 5088,Intent to Create Lighting District 755,Norton East Ranch Subdivision,Phase 4
COMMISSION RESOLUTION NO. 5088
Resolution of Intent to create SILD No. 755 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to NORTON EAST RANCH SUBDIVISION,
PHASE 4, 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. 755, as listed in Exhibit "B", on Friday, August 23, 2019,
directed to the owners at the addresses shown on Exhibit "B".
B OZ
• •
Robin Crough ��ti• A r =
City Clerk U �,
Subscribed and sworn before me this 23rd dayof August,2019. ' 9l •, 1883
LgTIIV C0 �v't0,•
q,a� w ea BRENDA SWEENEY
... FF
,� �t. •' '• q. . Notary Public
for the State of Montana
*' Residing at:
;�.SEAL..Q, Bozeman, Montana ted Name
My Commission Expires:
December 02, 2022 Notary Pu for the State of Montana
Residing at: see sea
My Commission expires: see I
NORT�ON PRCPERRES.11C SPECIAL IMPROVEMENTS LIGHTING DISTRICT
9=FOR AEMUMS MM NORTH:THE SOUTH UNE OF NORTON EAST RANCH PHASE 4
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CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
- LEGAL DESCRIPTION OF PROPOSED SPECIAL IMPROVEMENT LIGHTING DISTRICT
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NORTON EAST RANCH SUBDIVISION, PHASE 4
ACTUAL
Blk Lot Address Sq Ft Owner Owner Address
11 1 59,900.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
11 2 59,374.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
11 3 59,388.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
11 4 59,977.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 1 3,640.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 2 3,033.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 3 3,033.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 4 3,033.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 5 3,089.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 6 4,027.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 7 3,033.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 8 3,033.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
12 9 4,107.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
13 1 60,970.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
13 2 31,655.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
13 3 31,655.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
14 1 46,020.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
14 2 45,422.00 Norton Properties LLC 63020 NE Lower Meadow Dr,Ste 200,Bend,OR 97702
484,389.00
Exhibit B-Norton East Ranch Sub,Ph 4.xlsx 8/7/2019/12:16 PM