HomeMy WebLinkAboutResolution 3937 SILD 688 Valley West Phases 1-3
COMMISSION RESOLUTION NO. 3937
A RESOLUTION OJ<' THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 688 (V ALLEY WEST PHASES 1-3) DECLARING IT TO BE
TIlE 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 I. IntentIOn to Create D]strIct, Proposed Improvements. It IS the IIltentlon of thiS
ComrmsslOn to create and establish III the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as
amended, a special Improvement hghtll1g district to scrve the Valley West SubdIvIsIOn, Phases 1-3 (the
"DIstrict") for the purpose of mstalling certain lightmg fixtures and paying annual ownershIp, maintenance and
energy costs Pur~uant to an agreement (the "Agrecment") between the City and Northwcstern Energy (the
"Company"), the Company wlll Install, mamtalll and provide encrgy for lightmg llnprovcmenb (the
"Fixtures") as shown on ExhIbit A hereto at the locations specified on Exhlhlt A. The monthly charges per
fixture per month (the "Monthly Charge") WIll be as speCified on Exhibit A (the "Monthly Charge")
(collectively, the Fixtures and Monthly Charges make up the "Improvements"). The imtlal Monthly Charge is
based on pnce of Fixtures quoted by manufacturer as of the date hereof, which are subject to trlcrcase 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 mamtenance of the Improvements. The Monthly Charge may be mcreased 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-l. The costs of the Improvements Will be payable from speCial
assessments to he leVIed against property in the District.
SectIon 2. Number of Distnct. The District, If the same shall be created and established, shall
be k.nown and deSignated as SpeCIal Improvement LIght1l1g Dlstnct No. 6~H~ (V ALLEY WEST
SUBDIVISION PHASES 1-3 ) of the City of Bozeman, Montana.
SectIon 3. Boundaries 01' District. The limits and boundaries of the Dlstnct are depIcted on a
map attached as Exhibit B hereto (which ]S herehy incorporated herein and made a part hereof), which
boundaries are designated and confirmed as the boundaties 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 WIth III the lumts and
boundanes descnbed In SectIOn 3 and as shown on Exhlhlt B are hereby declared to be the speclallIght1l1g
district and the territory which will benefit and be benefited by the Improvements and will he assessed for the
costs of the Tmprovements as deSCribed m Section]. The Improvements, III the opmion ofth]s ComrmsslOn,
are of more than local and ordinary benefit. The property included within said limits and boundaries IS hereby
declarcd to be the property benefited hy the Improvements.
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Section S. Assessment Method: Costs. 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, hased on the actual area method
of assessment described in Sections 7-12-4323, M.C.A., as particularly applied and set forth in this Section 5.
The annual costs of the Improvements at the initial Monthly Charge is $27,825.00 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 143.63 acres, or 6,256,580.00 squarc feet,
exclusive of parks and open space. The initial costs of the Improvements per acre shall be $193.73, or
$0.00444 per square foot, annually.
Section 6. Payment of Assessments. Special assessments for the annual costs of the
Improvemcnts in the lotal initial amount of $27,825.00, 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 hilling
will include an additional amount not to exceed $2,500 for publication, mailing and legal review associated
with crcation of the District which shall be assessed in the samc manner as the Improvements resulting in a cost
not to exceed $17 AI per acre, or $0.000399 per square foot.
Section 7. Extraordinary 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 rcplacement pursuant to the Agreement. The Company may make an additional
charge to the City 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 samc manner as the other assessment is made.
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 of the
lighting system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
Section 9. Public lIcarin€?:: 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 of the Commission until 5:00 p.m., M.T., on the expiration
date of said IS-day period (August 25,2006) written protest against the proposed Improvements, or against the
extension or creation of the District or hoth, 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 lllade and fi led, proceed to hear all
such protests so made and filed; which said regular meeting will be held on August 28,2006, at 6:00 p.m., in
the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana.
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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 13 and August 20,
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 710 day of August, 2006.
ATTEST:
?~
BRIT PONTENOT
City Clerk
APPROVED AS TO FORM:
""
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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. 3937,
entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA,
RELA TING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 688 (V ALLEY WEST
SUBDIVISION PHASES 1-3) 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 OP
SPECIAL ASSESSMENT." (the "Resolution"), on file in the original records ofthe-C~y in my legal custody;
that the Resolution was duly adopted by the City Commission of the City at a meeting on August 7lh, 2006, and
that the meeting was duly held by the City Commission and was attended throughout by a quomm, 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: Becker, Kirchhoff, Jacobson, Krauss; voted against the same: none;
abstained from voting thereon: Rupp; or were absent: none.
Brit Fontenot
City Clerk
WITNESS my hand officially this 7th day of August, 2006.
~~'
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 6RR
(VALLEY WEST SUBDIVISION PHASES 1-3)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 7,2006, the City Commission (the "Commission") of the
City of RO/.eman, Montana (Ihe "City"), adopted Resolution 3937, a Resolution of Intention to Create Special
Improvement Lighting District No. 688 (the "District") forthe purpose offinancing the costs of installing lighting
improvements (the "Improvements") to serve the Valley West Subdivision Phases 1-3, and paying ownership
charge, maintenance and energy costs relating thereto.
A complete copy of the Resolution ofInlention (the "Resolulion") is on file wilh the Cily Clerk which
more specifically describes Ihe 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 10 an agreement (the "Agreement") between the City and Northwestern Energy (the
"Company"), the Company will install, maintain, and provide energy for specific lighting improvements as shown
below:
Phase Fixtures
Height
Monthly Charges
Phase \ fifteen (15) 175-watl
metal halide fixtures
eight (8) will be mounted at 30 feet and
seven (7) will be mounted at 25 feet
$32.51 per light per lllonth
for a monthly total of $4l3l3.55
Phase 2 ten (\ 0) 175-watt
metal halide fixtures
$42_29 per light per month
for a monthly total of $422.90
Phase 3 thirty-five (35) total:
twenty-four (24) 100-watt mounted at 25 feet
metal halide fixtures;
six (6) 175-watl mounted at 30 feel
metal halide fixtures
five (5) 250-watt mounted at 35 feet
metal halide fixtures
$39.05 for a
monthly total of $937.20
$41.58 per light per month
for a monthly total of $251.\ 0
$43.RO per light per month
for a monthly total of $219.00
Total $27 ,825.00
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 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 $27,825.00 per year for the entire District. The total area of
the District to be assessed is 143.63 acres, or 6,256,580.00 square feet, exclusive of parks and open space. The
initial costs of the Improvements per acre shall be $193.73, or $0.00444 per square fool. On an average size lot of
7,000 the estimated annual cost would be $31.0R. 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 ofthe District which shall be
asses in the same manner as the Improvements resulting in a cost not to exceed $17.41 per acre, or $0.000399
per square foot.
On Monday, August 28, 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 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 prolests 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 Friday, August 25, 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: August 7, 2006
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF B(Y EMAN , MONTANA
Legal Ad
Publication Dates: Sunday, August 13,2006 & Sunday, August 20,2006
AFFlDA YlT 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. 688, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, ugust 11,2006,
directed to the owners at the addresses shown on Exhibit "e".
Brit Fontenot
City Clerk
Subscribed and sworn to before me this II th day of August, 2006.
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Printed name' "el7 ue
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: (. Z(p -'21J to