Loading...
HomeMy WebLinkAboutResolution 5171 Intent to Modify SILD 720 West Winds Subdivision Phases 4, 6-8Page 1 of 10 RESOLUTION 5171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720 (WEST WINDS SUBDIVISION PHASE 6-8) TO ADD PHASE 4 TO THIS DISTRICT UPON APPROVAL OF DISSOLUTION OF SILD 706 (ORIGINAL PHASE 4 SILD) AND DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE 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 1 Intention to Modify District 720; Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve West Winds Subdivision Phases 4 & 6-8 (the “District”) for the purpose of, maintenance and energy costs. The City will maintain and pay energy costs for the modified and unmodified portions of the District. The modified portion of the district is being expanded to include phase 4, which is adjacent to phases 6-8 and shares lights and power sources. The district will pay the maintenance and energy costs for four (4) Gullwing G13 Area Luminaires which are 100-watts, mounted on a 25’ RW Round Non-Tapered Steel Pole with a bronze finish (the “Fixtures”); six (10) Gullwing G13 70 watt LED Area Luminaires on a 25” RSP round non-tapered steel poles finished with a powder coated bronze finish (the “Fixtures) , selected for the internal local streets; and two (2) Gullwing G18 160 watt LED Area Luminaire on a 38” RSP round non-tapered steel poles finished with a powder coated bronze finish DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B Resolution 5171, Intent to Modify Lighting District 720 Page 2 of 10 (the Fixtures) at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $18.00 for the (4) 100-watt fixtures, $26.25 for the (10) LED 70 watt fixtures; and $72.00 for the (2) LED 160 watt fixtures for a total of $116.25 per month. Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No.720 (West Winds Subdivision Phases 4 & 6-8) of the City of Bozeman, Montana. Section 3 Boundaries 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 confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the maintenance and energy and will be assessed for the energy costs and a portion of the maintenance as described in Section 1. The maintenance and energy, 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 maintenance and energy provided. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, the actual area method of assessment DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B Resolution 5171, Intent to Modify Lighting District 720 Page 3 of 10 described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $1,395.00, 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, alleys parks and open space.. The total area of the District to be assessed is 26.28 acres, or 1,144,878 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $53.09 or $0.001219 per square foot. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $1,395.00, 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 billing will include an additional amount not to exceed $500.00 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $72.11 per acre, or $0.001656 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District 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 same manner as the other assessment is made. Section 8 Discontinuation of District. 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 DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B Resolution 5171, Intent to Modify Lighting District 720 Page 4 of 10 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 (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 maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (August 3, 2020) written protest against the proposed maintenance and energy costs, 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 Tuesday, August 11, 2020 in the Commission Room at City Hall, 121 N Rouse Avenue. 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 July 19, 2020 and July 26, 2020, 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. DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B Resolution 5171, Intent to Modify Lighting District 720 Page 5 of 10 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th of July, 2020. ___________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B Resolution 5171, Intent to Modify Lighting District 720 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. 5171, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720 (WEST WINDS SUBDIVISION PHASES 6-8) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFORE 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 of Bozeman at a meeting on July 13, 2020, 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 certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: Mehl, Andrus, Pomeroy, Cunningham, Wallner; voted against the same: _N/A ; abstained from voting thereon: N/A ; or were absent: N/A . WITNESS my hand officially this 14th day of July, 2020. ___________________________________ Mike Maas City Clerk DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B Resolution 5171, Intent to Modify Lighting District 720 TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720 (WEST WINDS SUBDIVISION PHASE 6-8) TO INCLUDE PHASE 4 CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on July 13, 2020, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5171 to modify Special Improvement Lighting District No. 720 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to West Winds Subdivision PhaseS 4, & 6-8, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5171 is on file with the City Clerk which more specifically describes the nature of the costs, 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. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for four (4) Gullwing G13 Area Luminaires which are 100-watts, mounted on a 25’ RW Round Non-Tapered Steel Pole with a bronze finish (the “Fixtures”); six (10) Gullwing G13 70 watt LED Area Luminaires on a 25” RSP round non- tapered steel poles finished with a powder coated bronze finish (the “Fixtures) , selected for the internal local streets; and two (2) Gullwing G18 160 watt LED Area Luminaire on a 38” RSP round non-tapered steel poles finished with a powder coated bronze finish (the Fixtures) at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $18.00 for the (4) 100-watt fixtures, $26.25 for the (10) LED 70 watt fixtures; and $72.00 for the (2) LED 160 watt fixtures for a total of $116.25 per month. All properties in the District will be assessed for their proportionate share of the costs of DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B Resolution 5171, Intent to Modify Lighting District 720 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 $1,395.00 per year for the entire District. The total area of the District to be assessed is 26.28 acres, or 1,144,878 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $53.09, or $0.001219 per square foot. On an average size lot of 7,684 square feet, the annual estimated cost would be $9.37, which is payable semiannually. 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 $500.00 for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $72.11 per acre, or $0.001656 per square foot. On Tuesday, Aug 11, 2020, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic, this meeting may be held online using Webex or other technology. Written protests against the creation or extension of the District and the costs 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 costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, August 3, 2020. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B DocuSign Envelope ID: 4F1F752F-F984-47CF-81B1-92E5C853427B