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HomeMy WebLinkAboutResolution 3939 SILD 693 Oak Meadows COMMISSION RESOLUTION NO. 3939 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 693 (OAK MEADOWS SUBDIVISION) 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 by the City CommissIOn (the "CommissIOn") of the City of BOLeman (the "City"), Montana, as follows: SectIOn 1. IntentIon to Create District; Propo~ed Improvements. It is the intention of thIS Commission to create and estabhsh In the City under Montana Code Annotated, Title 7, Chapter 12, Pm14J, as amended, a special Improvement hghtmg dlstnct to serve the Oak Meadows SubchvislOn (the "Distnct") for the purpose of instalhng certalll hghtll1g fixtures and paYll1g annual ownershIp, maintenance and energy costs. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install, maintalll and provide energy for seven (7) M-250A2 Powr/Door Lummaire light fixtures (the "bxtures"), of whICh one (I ) will be 200-watt fixtures mounted at 35 feet; SIX (6) will be 1 OO-watt fixtures mounted at 25 feet; at the locations shown on Exhlbtt A (the "Improvements"). The 1I11tlal monthly charges per fixture per month (the "Monthly Charge") are as follows: $33.00 for the 200-watt fixtures, $30.06 for the I DO-watt fixtures, for a total of $213.36 per month. The lllltIal Monthly Charge IS based on price of Fixtures quoted by manufacturer as of the date hereof, whICh are subject to IIlcrease on 30 days notice prior to placlllg an order. The Monthly Charge i~ 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 be levied against property III the DistriCt. Section 2. Number of District. The DIstnct, Ifthe same shall be created and estabhshed, shall be known and deSignated as Special Improvement Llghtlllg District No. 693 (Oak Meadows SubdIVISIon) of the City of Bozeman, Montana. SectIon 3. Boundaries ofDlstnct. The IIITIltS and boundaries ofthe 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 Dbtrict. A hsting of cach of the properties in the District is shown on Exhibit B hereto (whIch IS hereby incorporated herem and made a part hereof). SectIOn 4. Benefited Property. The District and territory included WIthin the lunits and boundaries described m Section 3 and as shown on Exhibit A are hereby declared to be the speCIal hghting district and the terntory which will benefit and be benefited by the Improvements and WIll be assessed for the costs of the Improvements as descnbed m Sectton I. The Improvements, m the opil1lon of thiS CommiSSIOn, are of more than loeal and ordmary benefit. The property mcluded within Said IllTIltS and boundaries is hereby declared to be the property benefited by the Improvements. . 1 . Section S. Assessment Methods. All proper1ies 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 $2,560.32 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 20.1 acres, or 875,556.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $127.38 or $0.002924 per square foot annually. Section 6. Payment of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of $2,560.32, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be Icvied each year against all properties in the Disttict 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 manncr as the Improvements resulting in a cost not to exceed $124.38 per acre, or $0.002855 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. Thc Company may make an additional charge to the City for costs of labor and actual material costs for repai rs and/or replacement of the fixtures for damage caused by third pat1ies and not paid by such third parties. The City will assess such costs and charges against the properties in the Disttict in the same manner as the other assessment is made. Section 8. Discontinuation of Distticl. The City is obligated under the Agreement to maintain the District for seven years. If at any time after the initial term of the Disttict a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of propel1y 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 Hearing; Protests. At any time within fifteen <] 5) 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 I 5-day period <August 28,2006) wtitten protest against the proposed Improvements, or against the extension or creation of the District or both, and this Commission will at its next regular mecting 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 September 4th, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. - 2 - Section 10. Notice of Passa~e 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 ofBozernan, Montana, at a regular session thereof held on the 7th day of August, 2006. ATTEST: ,:...~~ Ie ~ Jf~J! K USS, Mayor '-'" ~ BRIT FONTENOT City Clerk - 3 - 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. 3939, entitled: "A RESOLUTION OF THE CI'l'Y COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELA TING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 693 (OAK MEADOWS SUBDIVISION) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTATNING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INST ALLA TION, OWNERSHIP, 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 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 the Resolution has not as of the date hereof been amended or repealed. I further cel1ify 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. WITNESS my hand officially this ih day of August, 2006. Brit Fontenot City Clerk NOTICE OF PASSAGE OF RESOl .UTION OF INTENTION TO CREA TE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 693 (OAK MEADOWS SUBDIVISION) 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. 693 (the "District") for the purpose of financing the costs of installing lighting improvements (the "Improvements") to serve the Oak Meadows Subdivision, and paying ownership charge, maintenance and cnergy costs relating thcreto. A complete copy of the Resolulion of Intention (the "Resolution") is on file with the City Clerk which morc spccifically dcscribes the nature of the Improvements. the boundaries and the area included in the District, the location of the Improvements and othcr matters pcrtaining thcreto and fUl1hcr pal1iculars. A list of propel1ics in thc 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 (7) M-2S0A2 Powr/Door Luminairc light fixtures (the "Fixtures"), of which onc (I) will be 200-watt fixtures mounted at 35 feet; six (6) will be IOO-watt fixtures mounted at 2S feet; (the "Improvements"). Thc initial monthly charges per fixture per month (thc "Monthly Chargc") are as follows: $33.00 for the 200-watt fixtures, $30.06 for the 100-watt fixtures, for a total of $213.36 per month. The Month]y Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for operation and mainlenance of the Improvements. The Monthly Charge may be incrcascd as approved by the Montana Public Scrvice Commission. All properties in the District wi II be assessed for their proportionate share of the costs of the Improvements as an "area basis" annually and will bc payablc in cqual scmiannual inslallments. The annual costs of the Improvements at thc initial Monthly Charge are $2,560.32 per year for the entire District. The total area of the District to bc assessed is 20.1 acres, or 875,556.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $127.38 or $0.002924 per square. On an avcragc sizc lot of 7,000 square feet the annual estimated cost would be $20.47, which is payable scmiannually. Thc annual assessments for costs of thc Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of rcpair and maintcnance. The tirst 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 $124.38 per acre, or $0.002R55 per square foot. On Monday, August 28, 2006, at 6:00 p.m., in thc Community Room of the Gallatin County Coulthouse, 311 Wcst Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and pass upon all written protesls against the creation or extension of the District, or the Improvements. Written protesls against the creation or extension of the District and the Improvements may be filed by an agent, person, firm or corporation owning rcal property within the proposed District whose property is liable to be assessed for thc Improvements. Such protests must be delivered to the City Clerk at the Municipal Bui]ding, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, August 21,2006. FlIlther information regarding the proposcd District or other mattcrs in respect thereof may be obtained from the City Clerk at thc Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 5R2-2320. Dated: August 7, 2006 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA b Brit Fontenot City Clerk Legal Ad Publication Dates: Sunday, August 13,2006 & Sunday, August 20, 2006 AFFIDAVIT OF MAllJNG STATE OF MONTANA ) ss County of Gallatin Brit Fontenot, City Clerk, being first duly sworn, says: That 1 deposited a copy of the Notice in Re to the owners in Special Improvement Lighting District No. 693, as listed in Exhibit "A", in the U.S. Post Office at Bozeman, Montana, on Frid' ,August 11,2006, directed to the owners at the addresses shown on Exhibit "B". '/1' (l (iLL\.; Subscrihed and sworn to before me this ~ day of August, 2006. \\\\\ \\ \TI1 fft i 111III ~,\\\.-:. \"\ B' l: ,.,/11'0 ~.)..v"'.."(v~ ~,,". . ~~ ~. . ". ~ .:::: "\ . l' AR . 1-- ;::;:. ~ ~~&t2ial Se~~ '. c ~ _ . . \Tl =- ~*. SEAL .*~ - . . -- ~d1~ .'a-~ ~:.;... .~;::;- ~ ~. .~:::' ~q$"""" :'\,l:$' 'l/,tl.l.t OF MO'\\\\'\'\' .4Itq/,'lllimm\\\\\\'\ L Printed name 1~!2 a-- Notary Public for the State of Montana Residing at Bozeman, Montanaz .Z. My Commission expires: I {; DID