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HomeMy WebLinkAboutResolution 5304 Intent to Modify SILD 460 RESOLUTION 5304 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460 (N. 7TH AVENUE) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR ASSESSING THE COSTS FOR 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 Modify District 460; 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 N. 7th Avenue between a point 140 feet north of Main Street to the northern edge of the Oak Street right-of-way, adjacent streets east and west of N. 7th Avenue for a distance of 115 feet either side of N. 7th Avenue, and Aspen Street to the east right-of-way of N. 5th Avenue for a distance of 50 feet either side of N. 5th Avenue, (the “District”) for the purpose of paying energy and maintenance 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 areas from the Peach St. intersection to the Mendenhall intersection. The modified portion of the District in combination with previous modifications to the district, include 81 fixtures (the “Fixtures”), of which will be Phillips Domus Series, 135W LED at 25 feet (22’ for Aspen Street) and ~1,200ft of string lights consisting of 1.5W lamps on 3ft centers; at the locations shown on Exhibit A (the “Improvements”). The unmodified portion of the District includes (4) - 200W HPS cobra head mounted on 30 feet high steel poles with power fed by a single overhead wire. It is estimated that energy costs for the new 135-watt fixtures will be $6.15 per fixture per month; energy costs for the string lights will be $15.93 per month. All luminaires are served from one of the 10 meters along the N. 7th corridor, each meter costs $6.00 per month. The unmodified portion is charged a monthly charge for energy and maintenance of the lights ((4) - 200W HPS cobra head) and is estimated at $36.20 per month per fixture. DocuSign Envelope ID: 10ABBC91-4BBA-43ED-9B9E-20299DE4BD06 Section 2 Number of District. The District, if the same shall be modified and established, shall continue to be known and designated as Special Improvement Lighting District No. 460 (N. 7th Avenue) 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). A listing of each of the properties owners 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, based on the lineal feet of frontage method of assessment described in Sections 7-12-4324, M.C.A., as particularly applied and set forth in this Section 5. The annual energy costs are estimated at $8,626.56 per year for the modified District. These costs shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues and alleys. The total lineal frontage of the District to be assessed is 10,812 feet. The initial maintenance and energy costs of the Improvements shall be $0.7979 per lineal foot annually for the modified District. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs is estimated at $8,626.56, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all DocuSign Envelope ID: 10ABBC91-4BBA-43ED-9B9E-20299DE4BD06 properties in the District and shall be payable in equal semiannual installments. 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 maintenance and energy costs 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 (June 7, 2021) 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 June 8, 2021, at 6:00 p.m., in the City Commission Room of City Hall, 121 N. Rouse Avenue, 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 DocuSign Envelope ID: 10ABBC91-4BBA-43ED-9B9E-20299DE4BD06 Bozeman Daily Chronicle, a newspaper of general circulation in the county on May 23rd, 2021 and May 31st, 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 18th day of May, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 10ABBC91-4BBA-43ED-9B9E-20299DE4BD06 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. 5304, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460 DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING 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 at a meeting on May 18, 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: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 19th day of May, 2021. ___________________________________ Mike Maas City Clerk Andrus, Cunningham, Pomeroy, Madgic, Coburn none none none DocuSign Envelope ID: 10ABBC91-4BBA-43ED-9B9E-20299DE4BD06 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460 (NORTH 7TH AVENUE) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on May 18, 2021, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5304 to modify Special Improvement Lighting District No. 460 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to North 7th Avenue. A complete copy of the Resolution of Intention (the “Resolution”) No. 5304 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 maintenance and energy costs shall be assessed against the property in the District benefiting, based on the lineal feet of frontage method of assessment described in Sections 7-12-4324, M.C.A., as particularly applied and set forth in this Section 5. The annual energy costs are estimated at $8,626.56 per year for the modified District. These costs shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues and alleys. The total lineal frontage of the District to be assessed is 10,812 feet. The initial maintenance and energy costs of the Improvements shall be $0.7979 per lineal foot annually for the modified District. On Tuesday, May 18, 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 modification 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 modification 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 June 7, 2021. Further information regarding the proposed modification of this District or other DocuSign Envelope ID: 10ABBC91-4BBA-43ED-9B9E-20299DE4BD06 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 21st day of May, 2021. Mike Maas City Clerk City of Bozeman Legal Ad Publication Dates: Sunday, May 23, 2021 Sunday, May 30, 2021 DocuSign Envelope ID: 10ABBC91-4BBA-43ED-9B9E-20299DE4BD06