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HomeMy WebLinkAboutResolution 5096 Intent to Create SILD 756 - Lot 11, Phase 1 of the Gallatin Center PUD Phase 4 RESOLUTION NO. 5096 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 756 (LOT 11, PHASE 1 OF THE GALLATIN CENTER PUD 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 Lot 11, Phase 1 of the Gallatin Center PUD Phase 4 (the "District") for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for five (5) GE Evolve LED Roadway 71 watt single upsweep luminaires on Valmont round tapered steel poles, mounted at 30'. The poles will be painted Bozeman Green. The initial monthly charge per fixture per month (the "Monthly Charge") is estimated as follows: $4.84 per 71 watt fixture or$58.08 per fixture annually. Page 1 of 9 Resolution 5096, Intent to Create Lighting District 756 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. 756 (LOT 11, PHASE 1 OF THE GALLATIN CENTER PUD 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 PropertX. 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$290.40,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 9 Resolution 5096,Intent to Create Lighting District 756 of streets, avenues and alleys. The total area of the District to be assessed is 8.615 acres,or 375,269 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $33.71 or$.000774 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $290.40, 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$91.75 per acre, or $.002107 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 properly 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 maj ority vote of the Commission Page 3 of 9 Resolution 5096,Intent to Create Lighting District 756 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 (October 14, 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 October 21, 2019 at City Hall, 121 N Rouse Ave, Bozeman, Montana. 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 September 29, 2019 and October 6, 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 9 Resolution 5096,Intent to Create Lighting District 756 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,Montana, at a regular session thereof held on the 23rd d eptember, 2019. THIA L. Mayor ATTES �,0 O ROBIN CROUGH . * ; ;. ,'' ■ City Clerk C; `'.;: _:•',� . ��;•• 1883 , • DTI co �`t° APP OVE AS TO FORM: G SULLIVAN City Attorney Page 5 of 9 Resolution 5096,Intent to Create Lighting District 756 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. 5096, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 756 (LOT 11, PHASE I OF THE GALLATIN CENTER PUD 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 September 23, 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: c>IL ME}}L A/I SCuWNWeVagAinst the same: ; abstained from voting thereon: ; or were absent: M l SS WITNESS my hand officially this 24th day of September, 2019. ROBIN CROUGH U•` + V �•9�^. City Clerk �fl•, 1883 `3TIN CO•t'1� ` Resolution 5096,Intent to Create Lighting District 756 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 756 (LOT 11,PHASE 1 OF THE GALLATIN CENTER PUD PHASE 4) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on September 23, 2019, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention No. 5096 to create Special Improvement Lighting District No. 756 (the"District")for the purpose of maintaining lighting and assessing the cost for maintenance and energy to LOT 11, PHASE 1 OF THE GALLATIN CENTER PUD PHASE 4,and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") No. 5096 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 five(5)GE Evolve LED Roadway 71 watt single upsweep luminaires on Valmont round tapered steel poles, mounted at 30'. The poles will be painted Bozeman Green. The initial monthly charge per fixture per month (the "Monthly Charge") is estimated as follows: $4.84 per 71 watt fixture or$58.08 per fixture 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 $290.40 per year for the entire District.The total area of the District to be assessed is 8.615 acres,or 375,269 square feet,exclusive of parks and open space. The initial costs of the Improvements per acre shall be $33.71, or$0.000774 per square foot. On an average size lot of 187,634 square feet the annual estimated cost would be$145.23,which is payable semiannually.The annual assessments for costs Resolution 5096, Intent to Create Lighting District 756 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 $91.75 per acre, or $0.002107 per square foot. On Monday, October 21, 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 October 14, 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 271h day of September, 2019. 802E Robin Crough ' City Clerk ►-�; � �y City of Bozeman •U ', `i'._ :•� r A'TIN co �.•` LegalAd .< .•, ,` Publication Dates: Sunday, September 29, 2019 Sunday, October 6, 2019 Resolution 5096,Intent to Create Lighting District 756 COMMISSION RESOLUTION NO. 5096 Resolution of Intent to create SILD No. 756 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to LOT 11, PHASE I OF THE GALLATIN CENTER PUD 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. 756, as listed in Exhibit "B", on Friday, September 27, 2019, directed to the owners at the addresses shown on Exhibit "B". oz • Robin Crough City Clerk j' Subscribed and sworn before me this 27th day of September,2019. ��L.9 TIN co•��o' ' BRENDA SWEENEY °°��• ''' y' Notary Public me•''oTARJA4...c=_for the State of Montana = Residing at: j.SEAL,a mBozeman, Montana a Prin d Name 9 ?. My Commission Expires: ,, December 02,2022 Notary Pu c for the State of Montana Residing at: see se 1 My Commission expires: a seal LlV&TVwjzoR . m m .LJRI.LSIQ SlNJJKiIAOUdIl'I D&TUH911 J3a'J.LS aVJ ObLS985(900 Z9Z0-985(900 F, h �u 8[LciS,LIV NVIV9ZOfi �(y F a ` ° = w NOISIAI EMS UOKIA COZ HLs anIHaJO ONxOa.c568 x O w II io I xaiNaD hIIV I IHo f)ISI2IaHISIoNTH NOSIQ6 LQ u. IN N 1� a 01. p F F I � p u u I ; -- = �I t�A fi -- I L . . I l y -- LOT 11 PHASE 1 OF THE GALLATIN CENTER PUD PHASE 4 Lighting District#756 Actual Acct# Blk Lot Address Sq Ft Owner Owner Address 1 11A 206,735.76 Gallatin Center LTD Partnership PO Box 906, Bozeman, MT 59771 1 11B 168,533.64 Gallatin Center LTD Partnership PO Box 906, Bozeman, MT 59771 375,269.40 Exhibit B-Lot 11 Ph 1 of the Gallatin Center PUD Ph 4.xlsx 9/9/2019/2:52 PM BOZE MAN MT City Clerk September 26, 2019 RE: Notice of Passage of Resolution of Intent to Create Special Improvement Lighting District 756, Lot 11, Phase 1 of the Gallatin Center PUD Phase 4, Notice of Right to Protest, and Notice of Public Hearing on Monday, October 21, 2019 Dear Property Owner, On Monday, October 21, 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 756, Lot 11, Phase 1 of the Gallatin Center PUD 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 September 23, 2019, the Bozeman City Commission adopted Resolution 5096, a resolution of intent to create Special Improvement Lighting District 756, Lot 11, Phase 1 of the Gallatin Center PUD Phase 4 (the "District"). Attached to this letter you will find a copy of the notice of passage of Resolution 5096. 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 September 29, 2019 to make a written protest against the creation of the District. During the public hearing on October 21, 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, October 14, 2019. For more information on the creation of the District please contact the City Treasurer Laurae Clark at (406) 582-2326. B 2 Sinc rely, 0 �`0�' Robin Crough ' U• �,Y '�` L,= ' City Clerk * -'''�"- �"�'• �' • City of Bozeman ��'._ 18a3 �• ST L�TjN CO Enc. Notice of Passage of Resolutjon 5096 Map 0121 NorthRouse Avenue © Bozeman,P.O. Box 1230 Q 40. Q 0. .. TDD: 406-582-2301 THE MOST LIVABLE PLACE.