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HomeMy WebLinkAboutResolution 3964 Creating SILD 692 COMMISSION RESOLUTION NO. 3964 A RESOLUTION OF THE CITY COMMISSION OF TIlE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 692 (BAXTER MEADOWS PHASE 3 & 6) DECLARING IT TO BE THE INTENTION OF TIlE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR lNST ALLATION, 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 thc intention of this CommisslOn to crcatc and establish m the CIty under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a specIal Improvement lighting district to serve the Baxter Meadows Phase 3 & 6 (the "District") for the pUlpose of installing certain hghting fixtures and paymg annual ownershIp, maintenance and energy costs. Pursuant to an agreement (the" Agreement") between the City and Northwestern Energy (the "Company"), the Company wIll mstall, mamtam and provide energy for forty four (44) Decashield 400 Luminaires light fixtures (the "FIxtures"), of which forty (40) street lights in Phase 3 and four (4) streetlights in Phase 6. The forty (20) will be 70-watt fixtures mounted at 17.5 feet; fourteen (14) WIll be 100~watt fixtures mounted at 17.5 feet; three (3) WIll be 17 5~watt fixtures mounted at 20 feet; seven (7) will be 250-watt mounted at 35 feet; at the locatIons shown on Exhibit A and Exhibit A-I (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") are as follows: $39.07 for the 70-watt fixtures, $42.89 for the 100-watt fixtures, $42.55 for thc I 75-watt fixtures, $45.26 for the 250 watt fixtures, for a total of$I ,826.33 per month. The mltIal 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 pnor 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 Improvcments. The Monthly Charge may be increased as approved by the Montana Pubhc Service CommlsslOn, the rates for each component of whIch WIll be shown on the Company's Schedule No. ELDS-l. The costs of the Improvements will be payable from special assessments to be leVIed agamst property m the DIstnct. SectlOn 2. Number ofDlstnct. The Dlstnct, If the same shall be created and estabhshed, shall be known and deSIgnated as SpecIal Improvement Lighting District No. 692 (Baxter Meadows Phase 3 & 6) of the CIty of Bozeman, Montana. Section 3. Boundaries of District. The hmlts and boundanes ofthe Dlstnct are depicted on a map attached as ExhibIt A and ExhibIt A-Ihereto (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 Dlstnct is shown on ExhIbIt Band ExhIbIt B-1 hcrcto (whIch is hereby incorporatcd herein and made a part hereof). SectIon 4. Benefited Property. The District and territory included within the limits and boundanes described In Section 3 and as shown on Exhibits A and A-I are hereby declared to be the special lightmg district and the territory which will benefit and be benefited by the Improvements and will be assessed - 1 - 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 bc the property benefited by the Improvements. Section 5. Assessment Methods. All properties within the District are to be assessed for a portion of the costs of the Improvements, as specified herein. The costs of the Improvements shall be assessed against the property in the District benefiting from the Improvements, based on the actual area method of assessment described in Sections 7-12-4323, M.C.A., as particularly applied and sct forth in this Scction 5. The annual costs of the Improvements at the initial Monthly Charge is $21,915.96 per year, 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 38.98 acres, or 1,697,968.80 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $562.24 or $0.012907 per square foot annually. Section 6. Payment of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of$21 ,915.96, plus any increases, as may be pennitted 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 $2,500 for publication, mailing and legal review associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $64.14 per acre, or $0.001472 per square foot. Section 7. Extraordinarv Repair or Replacement. The costs of the Improvements and assessments set forth in Section I and 5 are based on normal conditions and do not cover charges for extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an additional charge to the City for costs of1abor 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 propertics in the District in the same manner as the other assessmcnt is madc. Section 8. Discontinuation of District. The City is obligated under the Agreement to maintain the District for seven years. 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 ofthe lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9. Public Hearinl!; 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 making the Improvements may make and file with the Clerk ofthe Commission until 5:00 p.m., M.T., on the expiration date of said IS-day period (October 8,2006) 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 October 16, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozcman, Montana. - 2 - Section 10. Notice of Passage of Resolution ofIntention. The City Clerk is hereby authorized and directcd 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 24 and October 1, 2006, in the foml 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 thercof held on the 18th day of September, 2006. ~{( J E ,M yor I?-~ ~ ATTEST: BRIT FONTENOT City Clerk - 3 - CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, thc 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. 3964, cntitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 692 (BAXTER MEADOWS PHASE 3 & 6) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INST ALI ,ING AND MAINT AINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT." (the "Resolution"), on file in the original records ofthe City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a mccting on September 18,2006, 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 ofthe 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: Becker, Rupp, Kirchhoff, Jacobson, and Krauss; voted against the same: none; abstained from voting thereon: none; or were absent: none. WITNESS my hand officially this 181h day of September, 2006. Brit Fontenot City Clerk NOTICE OF PASSAGE OF RESOLUTION OF INTEN'fION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO 692 (BAXTER MEADOWS PHASE 3 & 6) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GNEN that on September 18, 2006, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution oflntention to Create Special Improvement Lighting District No. 692 (the "District") for the purpose of financing the costs of installing lighting improvements (the "Improvements") to serve the Baxter Meadows Phase 3 & 6, and paying ownership charge, maintenance and energy costs relating thereto. A complete copy ofthe Resolution oflntention (the "Resolution") is on file with the City Clerk which more specifically describes the nature of the Improvements, 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. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install (44) Decashield 400 Luminaire light fixtures (the "Fixtures"), of which twenty (20) will be 70-watt fixtures mounted at 17.5 feet; fourteen (14) will be 1 OO-watt fixtures mounted at 17.5 feet; three (3) will be 1 75-watt fixtures mounted at 20 feet; seven (7) will be 250-watt fixtures mounted at 35 feet (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") are as follows: $39.07 for the 70-watt fixtures, $42.89 for the I OO-watt fixtures, $42.55 for the 1 75-watt fixtures, and $45.26 for the 250-watt fixtures for a total of$I ,826.33 per month. 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. All properties in the District will be assessed for their proportionate share of the costs of the Improvements as an "area basis" annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge is $21,915.96 per year, against each lot, or parcel and the total area of the District to be assessed is 38.98 acres, or 1,697,968.80 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $562.24, or $0.012907 per square foot. 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 $2,500 for publication, mailing and legal review associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $64.14 per acre, or $0.001472 per square foot. On Monday, October 16, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and pass upon all written protests against the creation or extension of the District, or the Improvements. Written protests against the creation or extension of the District and the Improvements may be tlled by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, October 8, 2006. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: September 18, 2006 BY ORDER OF THE CI Y COMMISSION OF THE CITY OF BOZ MAN, MONTANA -. Brit Fontenot City Clerk Lel!aI Ad Publication Dates: Sunday, September 24, 2006 & Sunday, October 1, 2006 AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Brit Fontenot, City CIcrk, bcing first duly sworn, says: That I deposited a copy of the Notice in Re to the owners in Special Improvcment Lighting District No. 692, as listed in Exhibit "C", in the U.S. Post Office at Bozcman, Montana, on Fr:i y, September 22, 2006, directed to the owners at the addresses shown on Exhibit "e". - Subscribed and sworn to before me this 22nd day of September, 2006. ~\\\\"IIIl"",,11. ~,"'\ ~ JOHN e.1'11*~ . . I I '* _0- .... ~:;;. (Notana Sea) ~ _,"r.. . . ~ ;::~. . ~ ~c;,;:~OTARI..qi' i =: * . --- . 5: S .. SEAL :*S ~tJl. . ~ ~;.A. ._~ ;;.;.: ...,.... . . . ~ ~ ~'Ii' '.' '.('(~ ~ ~'II. Of: MO~ ~",.:$- 1'111111/1/1 \1\\\\\\'\ ~ Printed name ~+ vQ Yr / cJ h VI t3 f/ /I ar/ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: J/J!-l-O/ {} CORRECTED NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO 692 (BAXTER MEADOWS PHASE 3 & 6) CITY OF BOZEMAN, MONTANA NOTiCE. IE) HEREBY GIVEN that on September 18, 2006, the City Commission (the "Commission") of ~.City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Improvem~el"lflighting District No. 692 (the "District") for the purpose of financing the costs of installing Iightin..gilrrP-fovements (the "Improvements") to serve the Baxter Meadows Phase 3 & 6, and paying ow~P/~ge, ~intenance and energy costs relating thereto. ./' '- . A..compte16'cop~of the Resolution of Intention (the "Resolution") is on file with the City Clerk which more specifrc~1tescribes the nature of the Improvements, the boundaries and the area included in the-.DisH:iGtJ!:l.e ~i@fion of the Improvements and other matters pertaining thereto and further particulars. AHst-of 'prcperties in the District and the amount of the initial assessment accompanies this notice. . Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install (44) Decashield 400 Luminaire light fixtures (the "Fixtures"), of which twenty (20) will be 70-watt fixtures mounted at 17.5 feet; fourteen (14) will be 100-watt fixtures mounted at 17.5 feet; three (3) will be 175-watt fixtures mounted at 20 feet; seven (7) will be 250-watt fixtures mounted at 35 feet (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") are as follows: $39.07 for the 70-watt fixtures, $42.89 for the 100-watt fixtures, $42.55 for the 175-watt fixtures, and $45.26 for the 250-watt fixtures for a total of $1,826.33 per month. 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. All properties in the District will be assessed for their proportionate share of the costs of the Improvements as an "area basis" annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge is $21 ,915.96 per year, against each lot, or parcel and the total area of the District to be assessed is 38.98 acres, or 1,697,968.80 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $562.24, or $0.012907 per square foot. 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 $2,500 for publication, mailing and legal review associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $64.14 per acre, or $0.001472 per square foot. OriQinallv. the public hearinQ was noticed and scheduled to be held on October 16. 2006 but has been rescheduled for Mondav. January 22. 2007. at 6:00 p.m. in the Commission Meeting Room, Municipal Building, 411 East Main Street, Bozeman, Montana, the City Commission will conduct a public hearing 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 I mprovements 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 Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, January 15, 2007. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: January 3, 2007 BY ORDER OF THE ITY COMMISSION OF THE CITY OF BO EMAI"J, MONTANA ~~' Brit Fontenot City Clerk Leaal Ad Publication Dates: Sunday, January 8, 2007 & Sunday, January 14, 2007 '>. ~ AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Brit Fontenot, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in Re to the owners in Special Improvement Lighting District No. 692, as listed in Exhibit "C", in the U.S. Post Office at Bozem n, Montana, on Wednesday, January 3,2007, directed to the owners at the addresses shown Exhibit "C". ........_,,'"~" Brit Fontenot City Clerk Subscribed and sworn to before me this 3nd day of January, 2007. ,,\\\\\111 I 1I1U/f,,/, ~".... \OrlN BI2}II~ ~~"'..'. 'T.~~ ~~. . ~ ~ . .I~\ ~ ~ 9'tana. f\' l'L.... 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"", ......" ~(' " \\ j I' .. /''''' ~~ :\j1;-j( " .~, - \ \' /1 :: /.. ..:", I: \\~10 'CW""::""'\"'", : r........:...J:. \:/ ",I!:jl:. ._,!; \\..,~.l ..."......^......:-.-~-_. \' -11 _. ;1:) 1:\;.:________ ,'rL::.;;.....::ll.1 I \~ "1, ' J -.. -;;:.._~~~;;: ,;~;. ! \' . / / / i~ !~ !~ i~ I I I I . jif=~_=---i-- - - - ----- _,a ...~~ ,~ JJI Ip~ ffi A BAXTER MEADOWS PHASE III STREET LIGHT PLAN SCALE, ,.= 200' II KIMB R ~ 0 I > W ---l > m <( z w w w (/) ,0 ~ ,0 :::J (5 '" 0 &- .. I Z ~ i= ---l <( :2 ---l ---l .. <( (5 ~ ~ ~ LLOWi1 STR ET . . E-~ A.I (5 z ~ EXHIBIT "A" BAXTER MEADOWS PHASE 6 STREET LIGHT SITE PLAN le.gend: PHASE 6 BOUNDARY NEW .. PH.... I Tl'PE CATALOO l.AMP FlXT. I.!NSE MM PCU/I4T. ... PI '7O-IIIt-OIIS5O_-y...(JM1A-SUIF'-t~1ICTlC ARN HEADS MDQHT CXlNflO. 2' I 17.5' 1T.t.GGEMD PI lDO-MH-OMI!3G-SQJ-Y--CM1A-""-l.....-rx 2' I 175 STAGGEJIED 1'" ,75-.....~SG:t-Y-OW1A-$WIf'-2o-8Imf 2' I 2ft STACQEMJ) Date Prepared: 2-15-06 a so' 100' 200' ~ ~ North Scale in Feet