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HomeMy WebLinkAboutResolution 3940 SILD 689 Legends at Bridger Creek Phases 1-2 COMMISSION RESOLUTION NO. 3940 A RESOLUTION OF THE CITY COMMISSION 01<' TilE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 689 (THE LEGENDS AT BRIDGER CREEK PHASES 1-2) 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 OF SPECIAL ASSESSMENT. BE IT RESOLVED hy the City CummisslOn (the "CommIssion") of the CIty of Bozeman (the "CIty"), Montana, as fullows: Section I. 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 <;peclallmprovement lightlllg dlstnct to serve the Legends at Bndger Creek SubdiVIsion Phases J-2 (the "DI<,tnct") for the purpose of mstallmg certain hghtlllg fixtures and paymg annual ownership, mamtenance and energy costs. Pursuant to an agreement (the "Agreement") between the City and Northwestem Energy (the "Company"), the Company wIlllllstall, maintalll and proVIde energy for total of twenty-seven (27) Metal HalIde light fixtures (the "Fixtures"), of whICh three (3) WIll he I 75-watt fixtures at about 14,000 lumens mounted at 30 feet; twenty-four (24) WIll he 100-watt fixtures at 8,800 lumens mounted at 22 feet; at the locations <;hown on ExhibIt A (the "Improvements"). The Illitlalmonthly charges per fixture per month (the "Monthly Charge") are as follows: $42.4 J for the 1 75-watt fixtures, $39.92 fur the 100-walt fixtures, for a total of $1,085.3] per month. The InItial Monthly Charge IS based on pnce of Fixtures quoted by manufacturer as of the date hereof, whIch are suh.Ject to increase on 30 days notICe pnor to placmg an order. The Monthly Charge is cumposed 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 mcreased as approved by the Montana Pubhc ServIce CommiSSIOn, the rates for each component of which WIll be shown on the Company's Schedule No. ELDS-I. The costs of the Improvements Will be payable from special assessments to be leVIed against property m the DIstrICt. Section 2 Number of DistrICt. The DistrIct, Ifthe same shall be created and established, shall he known and designated as SpeCIal Improvement Llghtmg DistrIct No. 689 (Legends at Bridger Creek SubdiVISIon Phases 1-2) of the CIty of Bozeman, Montana. Section 3. Boundanes of Distnct. The limIts and boundarIes of the Distnct are depicted on a map attached as ExhibIt A hereto (which is herehy mcorporated herem and made a palt hereof), which boundaries are deSignated and confirmed as the boundanes of the Dlstnct. A listing of each of the properties III the DIStriCt is shown on Exhibit B hereto (whICh is hereby IIlcorporated herem and made a part hereof). Section 4. Benefited Property. The District and territory included within the Itmlts and boundmies described 111 SectIon 3 and as shown on Exhibits Band C 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 m Section ]. The Improvements, 111 the Opll1l0n of thiS CommiSSIOn, are of more than local and orchnary benefit. The property mcluded wlthm said hnllts and - 1 - boundaries is hereby declared to be the property benefited by the Improvements. Section S. 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 set forth in this Section 5. The annual costs of the Improvements at the initial Monthly Charge is $ t 3,023.72 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 66.31 acres, or 2,888,430.40 square feet, exclusive of parks and open space. The initial eosts of the Improvements per acre shall be $196.41, or $0.004509 per square foot. Section 6. Payment of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of $13,023.72, 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 $2,500 for puhlication, 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 $37.70 per acre, or $0.000866 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 replacement 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 dmnage caused by third patties 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. The City is ohligated 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-folllths 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 fordiseontinuing 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 Hearin~; 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 15-day period (August 25, 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 sueh 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 August 28, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Section 10. Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized - 2 - 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 fonn 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, finn, 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 7th day of August, 2006. ATTEST: ?~ BRIT FONTENOT City Clerk APPROVED AS TO FORM: - 3 - CERTIFICA TE AS TO RESOLUTION AND ADOPTTNG 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. 3940, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 689 (LEGENDS AT BRIDGER CREEK SUBDIVISION PHASES 1-2) DECLARING TT TO BE THE INTENTION OF THE CITY COMMISSION TO CREA TE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINT AINING LIGHTING 1M PROVEMENTS AN D ASSESSING THE COSTS FOR lNST ALLA TION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT." (the "Resolution"), on file in the original recorusof the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on August 7,2006, 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 thc 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: Bccker, Kirchhoff, Jacobson, Krauss; voted against the same: none; abstained from voting thereon: Rupp; or were absent: none. WITNESS my hand officially this 7'11 day of August, 2006. Brit Fontenot City Clerk NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 689 (LEGENDS AT BRIDGER CREEK SUBDIVISION PHASES 1-2) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on August 7, 2006, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution ofIntention to Create Special Improvement Lighting District No. 689 (the "Districl") for the purpose of financing the costs of installing lighting improvements (the "Improvements") to serve the Legends at Bridger Creek Subdivision Phases 1-2, and paying ownership charge, maintenance and energy costs relaling thereto. A complete copy of the Resolution of Intention (the "Resolution") is on file with the City Clerk which more specifically descrihes the nalure of the Improvements, the boundLllies and the area included in the District, the location of the Improvements and other matters pertaining therelo and further pmticulars. 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 (27) Metal Halide light fixtures (the "Fixtures"), of which three (3) will be 1 75-watt fixtures at about 14,000 lumens mounted at 30 feet; twenty-four (24) will be 100-watt fixtures at 8,800 lumens mounted at 22 feet; (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") are as follows: $42.41 for the I 75-watt fixtures, $39.92 for the 100-watt fixtures, for a total of $1 ,OR5.31 per month. The Monthly Charge is composed of an ownership charge for Ihe Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved hy the Montana Public Service Commission. All properties in the District will be assessed for their proportionate share of the costs of the Improvemenls on an "area basis" annually and will be payable in equal semiannual installments. The annual cost of the Improvements at the initial Monthly Charge is $13,023.72 per year, against each lot, or parcel and the total area of the District to be assessed is 66.31 acres, or 2,R88,430.40 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall he $196.41, or $0.004509 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 ofthe District which shall be assess in the same manner as the Improvements resulting in a eost not to exceed $37.70 per acre, or $0.000866 per square foot. On Monday, August 28, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and pass upon all written protests against the crealion or extension of the District, or the Improvemcnts. Written protests against the creation or extension of the District and the Improvements may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Friday August 25, 2006. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: August 7,2006 BY ORDER OF THE CITY COMMISSION OF THE CITY OF OZEMAN, MONTANA Brit Fontenot City Clerk Le~al Ad Publication Dates: Sunday, August 13,2006 & Sunday, August 20, 2006 AFFIDAVIT OF MAILING STATE OF MONTANA : ss County of Gallatin ) Brit Pontenot, City Clerk, heing first duly sworn, says: That I deposited a copy of the Notice in Re to the owners in Special Improvement Lighting District No. 689, as listed in Exhibit "A", in the U.S. Post Office at Bozeman, Montana, on Friday ugust 11,2006, directed to the owners at the addresses shown on Exhibit "B". SUhSC\"iRnd and sworn to before me this 11th day of August, 2006. \\\\\\\\\ /illlll ~\\\ a e IE N t./II/~ ~/'~"'''' ~~ S' }...v. " A.~ '" '< . .'v,::: gf....... 'F\RJAL'.C.~ 3 ~ . ~'};fI(~Seii1). tn ;. ::: " _" . -1c: :: ::: ::I: . ~"(. :::: ~ ~. C. ..lJ . ~ ~ ..::;.7'. t:J .~~ -:;;. .n' . ,... '" ~ Vr '. ". t-"',$ ~ -1.,~ 'O'F' ~p \\,:::-' '/111 \\\\ IIIN4filII\\\\\\\\ , 1 _ Printed name i'r nU_<L Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: i. "l/v 2010