HomeMy WebLinkAboutResolution 5181 Intent to Create SILD 760 for The Nest SubdivisionPage 1 of 8
RESOLUTION 5181
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
760 (THE NEST SUBDIVISON) DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
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
Bozeman (the “City”), Montana, as follows:
Section 1
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 special improvement lighting district to serve The Nest Subdivison (the
“District”) for the purpose of maintenance and energy costs. The district will pay the maintenance
and energy costs for three (3) Philips Lumec RoadFocus LED Cobrahead 45 watt single upsweep
luminaires on round tapered steel poles, mounted at 25’ per City of Bozeman standards. The poles
will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month
(the “Monthly Charge”) is estimated as follows: $1.51 per 45 watt fixture or $18.12 annually.
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. 760 (THE NEST SUBDIVISON) 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
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Resolution 5181, Intent to Create Lighting District 760
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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
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 Improvements.
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, based on the actual area method of
assessment 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 $54.36, 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 2.62 acres, or 114,075
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $20.75 or $0.000477 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $54.36, 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 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 $211.59 per acre, or $0.004860 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
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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
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 (08/17/2020) 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 August 25,2020 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse
Ave.
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 August 2, 2020 and August
9, 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.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th day of July, 2020.
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Resolution 5181, Intent to Create Lighting District 760
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___________________________________
CHRIS MEHL Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 5181, Intent to Create Lighting District 760
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. 5181, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 760 (THE NEST SUBDIVISON) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR 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 of Bozeman at a meeting on July 27, 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, and
Wallner; voted against the same: none; abstained from voting thereon: none; or were absent: none.
WITNESS my hand officially this 28th day of July, 2020.
___________________________________
MIKE MAAS City Clerk
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Resolution 5181, Intent to Create Lighting District 760
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 760
(THE NEST SUBDIVISON)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 27, 2020, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5181 to create Special Improvement Lighting District No. 760 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to THE NEST
SUBDIVISON, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5181 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 three (3) Philips Lumec RoadFocus LED Cobrahead 45 watt single upsweep
luminaires on round tapered steel poles, mounted at 25’ per City of Bozeman standards. The poles
will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month
(the “Monthly Charge”) is estimated as follows: $1.51 per 45 watt fixture or $18.12 annually.
All properties in the District will be assessed for their proportionate share of the costs of
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 $54.36
per year for the entire District. The total area of the District to be assessed is 2.62 acres, or 114,075
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $20.75, or $0.000477 per square foot. On an average size lot of 8,775 square feet the
annual estimated cost would be $4.19 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
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LocationPedestrianConflictSpacing (ft)MountHeight (ft)Light TypeWattsPole TypeMountingArmVoltageLocal StreetsLowIntersections/Crossings25RFS-45W12LED3K-G2-R3M-UNV-HS-NRC-GN6TX45RTSE25-6.1-11-KZ91-16S-BC16S240DocuSign Envelope ID: D7412232-495A-4B0E-B99E-F4616E83B52E
Block Lot Location ID Address Sqft Owner Name Owner Address City, State Zip
1 1 Rookery Ln 8,383 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
1 2 Rookery Ln 7,859 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
1 3 Rookery Ln 11,444 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
2 1 Rookery Ln 8,384 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
2 2 Rookery Ln 8,819 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
2 3 Rookery Ln 11,340 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
3 1 Rookery Ln 6,116 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
3 2 Rookery Ln 8,384 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
3 3 Rookery Ln 8,384 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
4 1 Rookery Ln 9,197 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
4 2 Rookery Ln 8,192 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
4 3 Rookery Ln 8,192 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
4 4 Rookery Ln 9,381 Center Arrow Partners LLP 45 Sheffield PL Southington, CT 06489
Total 114,075
The Nest
Lot R1 Block 5 Westbrook Sub Phase 4
5020 Annie St, Bozeman, MT
RGG67851 LID#157470
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