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).
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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
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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.
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BRIT FONTENOT
City Clerk
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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. 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.
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I further certify that, upon vote being taken on the Resolution at said meeting, the
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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
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Brit Fontenot
City Clerk .
Legal Ad
Publication Dates: Sunday, Octoher 22,2006 & Sunday, October 29,2006
AFFJDA VIT OF MAllJNG
STATE OF MONTANA )
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County of Gallatin
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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
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Suhscribed and sworn to before me this 20th day of October, 2006.
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Notary Pub Ie or the State of Montana
Residing at Bozeman, Montana ,
My Commission expires: ~/7/ 20/ t)
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LAUREL GLEN SUBDIVISION PHASE 2 LIGHTING DISTRICT # 696
RESOLUTION # 3968
Hinesley Family Ltd Prtnshp 3026 W Villard 8t, Unit E Bozeman, MT 59718
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