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HomeMy WebLinkAboutResolution 3968 Intention to Creat SILD 696 Laurel Glen Sub Phase 2 COMMISSION RESOLUTION NO. 3968 A RESOl,UTION OF THE CITY COMMISSION OF TIlE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 696 (LAUREL GLEN SUBDIVISION PHASE 2) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE TilE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING TilE COSTS FOR INSTALLA TION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOL VEl> by the City CommissIon (the "Comml~~lon") of the City of Bozeman (the "City"), Montana, as follows: SectIOn 1. IntentIOn to Create Di~trict; Propo&ed Improvements. It is the mtentIOn of this ComlnI&sion to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a speCIal uuprovement lighting ch&tnct to serve the Laurel Glen Suhdivision, Phase 2 (the "Di~trict") for the purpose of in&talling certain lightlllg fixtures and paying annual ownership, maintenance and energy costs. Pursuant to an agreement (the "Agrcement") betwcen the City and Northwestern Energy (thc "Company"), the Company wlll install. maintain and provIde energy for twelve (12) Decashield 400 Lummaire light fixtures (the "Fixture&"), of which two (2) will be 250-watt fixtures mounted at 35 feet; ten (l0) wIll be I OO-watt fixtures mounted at 25 feet; at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") arc as follows: $34.38 for the 250-watt fixtures, $30.04 for the 100-watt fixtures, for a total of $369.16 per month. The initial Monthly Charge i& based on price of Fixtures quoted by manufacturer a& of the date hereof, which are ~ubject to increase on 30 days notice prior to placing an order. The Monthly Charge is composed of an ownership charge for the Fixtures, i.Ul energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased a~ approved by the Montana Public 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 assessment& to be levied against property in the DIstrict. Section 2. Number of Di&trict. The District, If the &aIlle &hall he created and establi~hed, &hall he known and designated as Special Improvement Lighting Distnct No. 696 (Laurel Glen SubdiVIsion Phase 2) of the City of Bozeman, Montana. Section 3. Boundanes 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 confinned as the houndaries of the District. A listing of each of the properties in the DI&trict is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). - 1 - Section 4. Benefited Property. The District and tenitory included within the limits and boundaries described in Section 3 and as shown on Exhibit B 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 1m provements. Section 5. Assessment Methods. All properties within the District arc 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 $4,429.92 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 17.54 acres, or 764,050.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $252.56 or $0.005798 per square foot annually. Section 6. Payment of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of $4,429.92, 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 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 $142.53 per acre, or $0.003272 per square foot. Section 7, Extraordinary Repair or Replacement. The costs of the Improvements and assessments set forth in Section 1 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 damage caused by third parties and not paid by such third pm1ies. 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 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 - 2 - maintenance and operation may not be discontinued until after the expiration of the contract. Section 9. Puhlic 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 propelty 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 (November 5, 20(6) 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 November 6, 2006, at 6:00 p.m., in the Community Room of the Gallatin County COlllthouse, 311 West Main Street, Bozeman, Montana, 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 October 22 and October 29, 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 sLlch 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 16th day of October, 2006. I ~~i~/ BRIT FONTENOT City Clerk J~;ft:;;M6r t~~ APPROVED AS TO FORM: .-....... -.. .--"- - 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. 396X, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 696 (LAUREL GLEN SUBDIVISION PHASE 2) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAJNT ATNING 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 October 16,2006, 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: Jacobson, Becker, Kirchhoff, Krauss; voted against the same: none; abstained from voting thereon: none; or were absent: Rupp, WITNESS my hand officially this 16th day of October, 200 Brit Fontenot City Clerk NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 696 (LAUREL GLEN SUBDIVISION PHASE 2) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on October 16, 2006, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Improvement Lighting District No. 696 (the "District") for the purpose of financing the costs of installing lighting improvements (the "Improvements") to serve the Laurel Glen Subdivision Phase 2 and paying ownership charge, maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") is on file with the City Clerk which more specifically describes the nature of the Improvements, the boundaries and the area ineluded in the District, the location of the Improvements and other matters pel1aining 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 twelve (12) Decashield 400 Luminaire light fixtures (the "Fixtures"), of which two (2) will be 250-watt fixtures mounted at 35 feet; ten (10) will be 100-watt fixtures mounted at 25 feet; (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") are as follows: $34.38 for the 250-watt fixtures, $30.04 for the 100- watt fixtures, for a total of $369.16 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 wi 11 be assessed for their proportionate share of the costs of the Improvements as an "area basis" annually and will he payable in equal semiannual installments, The annual costs of the Improvements at the initial Monthly Charge are $4.429.92 per year for the entire District. The total area of the District to be assessed is 17,54 acres, or 764,050.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $252,56 or $0.005798 per square fool. On an average size lot of 7,000 square feet the annual estimated cost would be $40.59, which is payable semiannually. The annual assessments for costs of the Improvements may be increased as approved hy 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 $142.53 per acre, or $0.003272 per square foot. On Monday, November 6, 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 puhlic hearing and pass upon all written protests against the creation or extension of the District, or the Improvemcnts. Wriuen protests against the creation or cxtcnsion of the District and the Improvements may he filcd hy an agcnt, pcrson, finn or corporation owning real propcrty within the proposcd District whose property is liable to he assessed for thc Improvements. Such protests must he delivered to the City Clerk at the Municipal Building, 411 East Main Strcct, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, Novcmher 6, 2006. Further information regarding the proposed District or other matters in respect thereof may he ohtained from thc City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or hy telephonc at (406) 582-2320. Dated: Octohcr 16, 2006 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA y--' ~~r-'~-~~ Brit Fontenot City Clerk . Legal Ad Publication Dates: Sunday, Octoher 22,2006 & Sunday, October 29,2006 AFFJDA VIT OF MAllJNG 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. 696, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, M Hana, on Friday, November 10, 2006, directed to the owners at the addresses shown on Exhibit" , Brit Fontenot City Clerk (" ?~ Suhscribed and sworn to before me this 20th day of October, 2006. . ~\P\~~~'''IJJIIIII. (Not~~r~~ 8S". "/~ ~~~ . . . , . . ~~~ ~ r'.. . ~ Ii:>: 1AR/A'. o~ :5 VJ : ~O (. a = _.-':z: :: . .*- -::.*. SEAL' S .::;. ~.;:- o;!\P' .~~ ~ ~.', .' t...:~ ~ ''''9)'; ..,. .-('l ~ ~~: ~ OF MO~ ~,~ '1111111111" 111\\\\\\\\" J tv (/' +-- Printed nam Notary Pub Ie or the State of Montana Residing at Bozeman, Montana , My Commission expires: ~/7/ 20/ t) / .-'"" --'" LAUREL GLEN SUBDIVISION PHASE 2 LIGHTING DISTRICT # 696 RESOLUTION # 3968 Hinesley Family Ltd Prtnshp 3026 W Villard 8t, Unit E Bozeman, MT 59718 ~JY-tfM LIL ['"IoU 5i),-~M.JJ W Bot l L5