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HomeMy WebLinkAboutResolution 5121 Intent to Create SILD 758 for the Nelson Meadows Subdivision Bo2�� ti, •j 9 9rr 88 � �rN co.00 RESOLUTION NO. 5121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 758 (NELSON MEADOWS 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 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 Nelson Meadows Subdivision(the"District")for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for twenty-one (21) Philips Lumec RoadFocus LED Cobrahead 90 watt single upsweep luminaires on round tapered steel poles, mounted at 30'and thirteen (13) Philips Lumec RoadFocus LED Cobrahead 50 watt single upsweep luminaires on round tapered steel poles,mounted at 25'per City of Bozeman standards. The poles will be painted Hunter Green. The initial monthly charge per fixture per month (the "Monthly Charge") is estimated as follows: $3.82 per 90 watt fixture or$45.85 annually and$2.21 per 50 watt fixture or$26.52 annually. Page 1 of 9 Resolution 5121,Intent to Create SILD 758 for Nelson Meadows 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. 758 (NELSON MEADOWS 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 $1,307.40, 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, Page 2 of 9 Resolution 5121,Intent to Create SILD 758 for Nelson Meadows Subdivision exclusive of streets, avenues and alleys. The total area of the District to be assessed is 56.99 acres, or 2,482,484 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $22.94 or$.000526 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at$1,307.40,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 $31.71 per acre, or$.000728 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 9 Resolution 5121,Intent to Create SILD 758 for Nelson Meadows 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 (01/06/2020)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 January 13, 2020 at 6:00 PM in Bozeman City Hall, City Commission Room, 121 N. Rouse Ave. 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 December 22, 2019 and December 30, 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 5121,Intent to Create SILD 758 for Nelson Meadows Subdivision PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 161h day of D mber, 2019. CY HIA DRUS M or ATTEST: " 0 ` 13. ROBIN CROUGH ' ' y- = ' < City Clerk ,%a3 •� APPROVED A TO FORM: G G �d LIVAN City Attorney Page 5 of 9 Resolution 5121,Intent to Create SILD 758 for Nelson Meadows 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. 5121, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 758 (NELSON MEADOWS 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 December 16, 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- MALAp(Z Aj,yQ� O 2P AV MALEV M�l-I'l- �h M iVll 55 I C�NEIZs �I�l�S = (.U!'Y11✓11�f'�M ; voted against the same: abstained from voting thereon: 0 ; or were absent: LAM sslb P4►VtE1W . WITNESS my hand officially this 17th day of December, 2019. BOZ ROBIN CROUGH VCCR •' �_ .� . City Clerk ' ,µ. •r _ � • � �aa3 • 7' lq TIN � Co �� Resolution 5121,Intent to Create SILD 758 for Nelson Meadows Subdivision NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 758 (NELSON MEADOWS SUBDIVISION) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on December 16, 2019, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention No. 5121 to create Special Improvement Lighting District No. 758 (the"District") for the purpose of maintaining lighting and assessing the cost for maintenance and energy to NELSON MEADOWS SUBDIVISION, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") No. 5121 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 twenty-one (21) Philips Lumec RoadFocus LED Cobrahead 90 watt single upsweep luminaires on round tapered steel poles, mounted at 30'and thirteen (13) Philips Lumec RoadFocus LED Cobrahead 50 watt single upsweep luminaires on round tapered steel poles, mounted at 25'per City of Bozeman standards. The poles will be painted Hunter Green. The initial monthly charge per fixture per month (the "Monthly Charge") is estimated as follows: $3.82 per 90 watt fixture or$45.85 annually and $2.21 per 50 watt fixture or$26.52 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 $1,307.40 per year for the entire District. The total area of the District to be assessed is 56.99 acres, or 2,482,484 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $22.94, or $0.000526 per square foot. On an average size lot of 91,944 square Resolution 5121,Intent to Create SILD 758 for Nelson Meadows Subdivision feet the annual estimated cost would be $48.36 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 $31.71 per acre, or$0.000728 per square foot. On Monday,January 13, 2020, 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 January 6, 2020. 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 181h day of December, 2019. B 0 Robin Crough , U• L . # City Clerk ' City of Bozeman * ' �Ba3 . � . Legal Ad L`�PIN cp•�'�o� Publication Dates: Sunday, December 22, 2019 Sunday, December��2019 9pr PLC- Resolution 5121,Intent to Create SILD 758 for Nelson Meadows Subdivision COMMISSION RESOLUTION NO. 5121 Resolution of Intent to create SILD No. 758 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to NELSON MEADOWS 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. 758, as listed in Exhibit "B", on Friday, December 20, 2019, directed to the owners at the addresses shown on Exhibit "B". �•BOZ"' Robin Crough City Clerk `U: •ter �• r--� _ •� • Subscribed and sworn before me this 201h day of December, 2019. 9l�•.•��a3 BRENDA SWEENEY SwF�r,' Notary Public TARry� c`_for the State of Montana \ Residing at: J 9.SEAL P=Q Bozeman, Montana inted Name My Commission Expires: December 02, 2022 Not ublic for the State of Montana Residing at: eal My Commission expi see seal NELSON MEADOWS SUBDIVISION - SILD - EXHIBIT A PULMMARY PLAT AREA SUMMARY NELSON MEADOWS SUBDIVISION SITUATED IN THE SE'/,SECTION 22 AND THE NE'/,SECTION 27, TOWNSHIP I SOUTH,RANGE 5 EAST, ,bk PRINCIPAL MERIDIAN, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA. v -\ \ x¢I � � 4B. /� i ! • m •III,. _ • \ \ PUE � �I III .�s 4 .eN....�. �r� xs>:..s,.estt !a • --. � I E i l I t r.ox �:`.. i � i t i s t {� • i i m i s'''a�,r III I� -- •�\ - E(60')-- aya..a• s I I ------ao,.:<,,,\- --\ -- -PRlNCELAN -I - -------_m / �; on�xauar � rvr i � I ! 4 a I I I 1 I I xr.a.s scr B wuom \\ ct=i'J •m.: i� rumotr•.rsrui+a. \\ \`\\ a teccann ', .�.B e`=anen"n �werv.rnsru.nr \\\ \?ram`\` •o fj __ -- ® ax�:xaa.r.�.a �x.�..,aa�x.. �.a.�u. /xayss'.axr.�2v,Euw ♦�v Ux 3. •Morrison .dMaierle i.HDY:OFtC r'/ Cp•IfV,W10N,A sffrlaPl Nelson Meadows Subdivision Tract IC and 1D of COS 1372E Lot Location ID Address Acres Sqft Owner Name Owner Address City,State Zip 1 5.27 229,561 BARTIMCO Properties LLC 701 Gold Ave Bozeman,MT 59715 2 2.83 123,275 BARTIMCO Properties LLC 702 Gold Ave Bozeman,MT 59715 3 2.04 88,862 BARTIMCO Properties LLC 703 Gold Ave Bozeman,MT 59715 4 2.59 112,820 BARTIMCO Properties LLC 704 Gold Ave Bozeman,MT 59715 5 2.56 111,514 BARTIMCO Properties LLC 705 Gold Ave Bozeman,MT 59715 6 2.59 112,820 BARTIMCO Properties LLC 706 Gold Ave Bozeman,MT 59715 7 1.16 50,530 BARTIMCO Properties LLC 707 Gold Ave Bozeman,MT 59715 8 1.11 48,352 BARTIMCO Properties LLC 708 Gold Ave Bozeman,MT 59715 9 1.77 77,101 BARTIMCO Properties LLC 709 Gold Ave Bozeman,MT 59715 10 1.88 81,893 BARTIMCO Properties LLC 710 Gold Ave Bozeman,MT 59715 11 0.75 32,670 BARTIMCO Properties LLC 711 Gold Ave Bozeman,MT 59715 12 0.72 31,363 BARTIMCO Properties LLC 712 Gold Ave Bozeman,MT 59715 13 0.70 30,492 BARTIMCO Properties LLC 713 Gold Ave Bozeman,MT 59715 14 2.04 88,862 BARTIMCO Properties LLC 714 Gold Ave Bozeman,MT 59715 15 2.67 116,305 BARTIMCO Properties LLC 715 Gold Ave Bozeman,MT 59715 16 2.14 93,218 BARTIMCO Properties LLC 716 Gold Ave Bozeman,MT 59715 17 0.97 42,253 BARTIMCO Properties LLC 717 Gold Ave Bozeman,MT 59715 18 0.95 41,382 BARTIMCO Properties LLC 718 Gold Ave Bozeman,MT 59715 19 1.27 55,321 BARTIMCO Properties LLC 719 Gold Ave Bozeman,MT 59715 20 1.43 62,291 BARTIMCO Properties LLC 720 Gold Ave Bozeman,MT 59715 21 1.34 58,370 BARTIMCO Properties LLC 721 Gold Ave Bozeman,MT 59715 22 2.55 111,078 BARTIMCO Properties LLC 722 Gold Ave Bozeman,MT 59715 23 1.90 82,764 BARTIMCO Properties LLC 723 Gold Ave Bozeman,MT 59715 24 2.41 104,980 BARTIMCO Properties LLC 724 Gold Ave Bozeman,MT 59715 25 1.78 77,537 BARTIMCO Properties LLC 725 Gold Ave Bozeman,MT 59715 26 5.56 242,194 BARTIMCO Properties LLC 726 Gold Ave Bozeman,MT 59715 27 4.01 174,676 BARTIMCO Properties LLC 727 Gold Ave Bozeman,MT 59715 Total 56.99 2,482,484 BOZE MAN MT City Clerk December 16, 2019 RE: Notice of Passage of Resolution of Intent to Create Special Improvement Lighting District 758, Nelson Meadows Subdivision, Notice of Right to Protest, and Notice of Public Hearing on Monday, January 13, 2020 Dear Property Owner, On Monday,January 13, 2020 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 758, Nelson Meadows 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 December 16, 2019, the Bozeman City Commission adopted Resolution 5121, a resolution of intent to create Special Improvement Lighting District 758, Nelson Meadows Subdivision (the "District"). Attached to this letter you will find a copy of the notice of passage of Resolution 5121. 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 December 22, 2019 to make a written protest against the creation of the District. During the public hearing on January 13, 2020, 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, January 6, 2020. For more information on the creation of the District please contact the City Treasurer Laurae Clark at (406) 582-2326. Sincerely, .�' Robin Crough U . City Clerk c•, " ��a3 ,• , City of Bozeman �LL�TIN��•�10 Enc. Notice of Passage of Resolution 5121 Map P.O.o Box 1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE.