HomeMy WebLinkAboutResolution 5254 Intent to Create SILD 763 Bridger View Redevelopment PUD
RESOLUTION 5254
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT
NO. 763 (BRIDGER VIEW REDEVELOPMENT PUD) 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.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Bozeman, Montana, to wit:
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 Bridger
View Redevelopment PUD (the “District”) for the purpose of maintenance and energy
costs. The district will pay the maintenance and energy costs for two (2) Signify Lumec
Urban single luminaires which have 55 watt LED lamps on round tapered textured black
steel poles. They are mounted at 25’ per City of Bozeman standards. The initial monthly
charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.78 per 55
watt fixture or $42.72 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. 763 (BRIDGER
VIEW REDEVELOPMENT PUD) of the City of Bozeman, Montana.
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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
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
$42.72, 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 3.064 acres, or 133,468 square feet, exclusive of parks
and open space. The initial costs of the Improvements per acre shall be $13.95 or
$0.000320 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs
are estimated at $42.72, 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
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the same manner as the Improvements resulting in a cost not to exceed $117.13 per acre,
or $0.004067 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 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 (02/22/2021) 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 February
23, 2021 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave.
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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 February 7, 2021 and February 14, 2021, 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 2nd day of February, 2021.
_____________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_____________________________
GREG SULLIVAN
City Attorney
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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. 5254, entitled: A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO
SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 763 (BRIDGER VIEW
REDEVELOPMENT PUD) 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 February 2, 2021, 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: Mayor Andrus, Deputy Mayor
Cunningham, Commissioner Pomeroy, Commissioner Wallner, Commissioner Madgic;
voted against the same: None_______; abstained from voting thereon: None __________;
or were absent: None ________.
WITNESS my hand officially this 3rd day of February, 2021
______________________________
MIKE MAAS
City Clerk
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Version April 2020
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 763
(BRIDGER VIEW REDEVELOPMENT PUD)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on February 2, 2021, the City Commission
(the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution
of Intention No. 5254 to create Special Improvement Lighting District No. 763 (the
“District”) for the purpose of maintaining lighting and assessing the cost for maintenance
and energy to Bridger View Redevelopment PUD, and paying maintenance and energy
costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5254 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 two (2) Signify Lumec Urban
single luminaires which have 55 watt LED lamps on round tapered textured black steel
poles. They are mounted at 25’ per City of Bozeman standards. The initial monthly charge
per fixture per month (the “Monthly Charge”) is estimated as follows: $1.78 per 55 watt
fixture or $42.72 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 $42.72 per year for the entire District. The total area of the District to be
assessed is 3.064 acres, or 133,468 square feet, exclusive of parks and open space. The
initial costs of the Improvements per acre shall be $13.95, or $0.000320 per square foot.
On an average size lot of 2,342 square feet the annual estimated cost would be $0.75 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 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 $177.13 per acre, or $0.004067 per square
foot.
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Version April 2020
On Tuesday, February 2, 2021, 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 February 22, 2021.
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.
DATED this 5th day of February, 2021.
Mike Maas
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
Sunday, February 7, 2021
Sunday, February 14 2021
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PHASE 1PHASE 3PHASE 1PHASE 2PHASE 1PHASE 2PHASE 2PHASE 3STORY MILLSPUR TRAILSTORY MILL COMMUNITY PARKCITY OFBOZEMANPROPERTYSTORY MILL ROAD (60' ROW & 30' ESMT)BRIDGER DRIVE (Aka Hwy 86) - (110' ROW)HILLSIDE LANE(60' ESMT)HILLSIDE LANE (64' ROW)FLOURHOUSECOURTMILLWORKSCOURTLOT 56LOT 53LOT 49LOT 46LOT 21LOT 40LOT 35LOT 23LOT 13LOT 26LOT 27LOT 4LOT 16LOT 19LOT 47LOT 12LOT 44LOT 43LOT 39LOT 22LOT 38LOT 31LOT 33LOT 42LOT 2LOT 41LOT 37LOT 10LOT 9LOT 32LOT 29LOT 30LOT 5LOT 7LOT 8LOT 52LOT 55LOT 57LOT 54LOT 51LOT 50LOT 48LOT 45LOT 17LOT 25LOT 14LOT 15LOT 11LOT 20LOT 24LOT 36LOT 34LOT 1LOT 6LOT 3LOT 28HILLSIDE GREENHILLSIDE GROVEPHASE 2PHASE 3BLOCK 1BLOCK 2BLOCK 3BLOCK 4PATH TO THE "M"PARKSIDE WALKMILLWORKS ROW
FLOURHOUSE WAY (30' ROW)BLUE SILOS WAY (30' ROW)BLUE SILOSCOURTMILLWORKS WAY (30' ROW)ADDITIONAL ROW 1976 SFLOT 18LOTC-1LOTC-2LOTC-4LOTC-5LOTC-3LOTC-6OS 1OS 5OS 6OS 3OS 4OS 7OS 7OS 8OS 7SLID BOUNDARYSLID BOUNDARYPROPOSED LIGHTPROPOSED LIGHTPROPOSED SLID LIGHTING SPEC··EXHIBIT 1SLID EXHIBITPROFESSIONALENGINEERS &SURVEYORSBRIDGER VIEW STAHLYENGINEERING& ASSOCIATESHRDC
BOZEMAN MONTANA DocuSign Envelope ID: 60233551-6A4D-4A07-9E16-2036392AC1FD
Phase Lot Location ID Address Sq Ft Acres Owner Name Owner Address City, State Zip
1 1 2,940 0.067 HRDC 32 S Tracy Ave Bozeman, MT 59715
2 2,800 0.064 HRDC 32 S Tracy Ave Bozeman, MT 59715
3 3,062 0.070 HRDC 32 S Tracy Ave Bozeman, MT 59715
4 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715
5 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715
6 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715
7 2,860 0.066 HRDC 32 S Tracy Ave Bozeman, MT 59715
8 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715
9 2,042 0.047 HRDC 32 S Tracy Ave Bozeman, MT 59715
10 1,706 0.039 HRDC 32 S Tracy Ave Bozeman, MT 59715
2 11 2,217 0.051 HRDC 32 S Tracy Ave Bozeman, MT 59715
12 2,145 0.049 HRDC 32 S Tracy Ave Bozeman, MT 59715
13 2,503 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715
14 2,608 0.060 HRDC 32 S Tracy Ave Bozeman, MT 59715
15 2,235 0.051 HRDC 32 S Tracy Ave Bozeman, MT 59715
16 2,166 0.050 HRDC 32 S Tracy Ave Bozeman, MT 59715
17 2,310 0.053 HRDC 32 S Tracy Ave Bozeman, MT 59715
18 2,235 0.051 HRDC 32 S Tracy Ave Bozeman, MT 59715
19 2,608 0.060 HRDC 32 S Tracy Ave Bozeman, MT 59715
20 2,096 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
21 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
22 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
23 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
24 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
25 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715
26 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715
27 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
28 2,423 0.056 HRDC 32 S Tracy Ave Bozeman, MT 59715
55 3,289 0.075 HRDC 32 S Tracy Ave Bozeman, MT 59715
56 3,018 0.069 HRDC 32 S Tracy Ave Bozeman, MT 59715
57 3,652 0.084 HRDC 32 S Tracy Ave Bozeman, MT 59715
3 29 2,280 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715
30 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715
31 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
32 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
33 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715
34 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715
35 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715
36 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715
37 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
38 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715
39 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715
40 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715
41 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
42 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
43 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715
44 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715
45 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715
46 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715
47 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
48 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
49 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715
50 2,340 0.054 HRDC 32 S Tracy Ave Bozeman, MT 59715
51 2,659 0.061 HRDC 32 S Tracy Ave Bozeman, MT 59715
52 2,325 0.053 HRDC 32 S Tracy Ave Bozeman, MT 59715
53 2,366 0.054 HRDC 32 S Tracy Ave Bozeman, MT 59715
54 2,755 0.063 HRDC 32 S Tracy Ave Bozeman, MT 59715
133,469 3.064
Bridger View Redevelopment
NE ANNEX TRACT 26 - 702 Bridger Dr
Formerly - 28 Bridger View Dr - RFH4490
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