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RESOLUTION 5454
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
776 (EASTLAKE PROFESSIONAL CENTER) 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 Eastlake Professional
Center (the “District”) for the purpose of maintenance and energy costs. The district will pay the
maintenance and energy costs for three (3) Signify Lumec RoadFocus 32 LED 35 watt single 6
foot masterarm luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman
standards and one (1) Signify Lumec RoadFocus 16 LED 35 watt single 6 foot mastarm luminaire
on round tapered steel pole, mounted at 30 feet 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: $3.75 per 32 LED fixture and $7.75 per 16 LED
fixture. This calculates to $19.00 monthly or $228.00 annually.
Section 2
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Resolution 5454, Intent to Create Lighting District 776
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Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 776 (Eastlake Professional Center) 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
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 $228.00, 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 and alleys. The total area of the District to be assessed is 6.004 acres, or 261,534
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Resolution 5454, Intent to Create Lighting District 776
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square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $37.97 or $0.000872 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $228.00, 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 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 $121.25 per acre, or $0.002784 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
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Resolution 5454, Intent to Create Lighting District 776
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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 (January 30, 2023) 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 14, 2023 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 January 15, 2023 and January
22, 2023, 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 10th day of January, 2023.
___________________________________
CYNTHIA ANDRUS Mayor
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Resolution 5454, Intent to Create Lighting District 776
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ATTEST:
____________________________________
MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 5454, Intent to Create Lighting District 776
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. 5454, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 776 (EASTLAKE PROFESSIONAL CENTER) 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 January 10,
2023, 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 10th day of January, 2023.
___________________________________
MIKE MAAS
City Clerk
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Andrus, Cunningham, Pomeroy, Madgic, Coburn
Resolution 5454, Intent to Create Lighting District 776
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 776
(EASTLAKE PROFESSIONAL CENTER)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on January 10, 2023, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5454 to create Special Improvement Lighting District No. 776 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to EASTLAKE
PROFESSIONAL CENTER, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5454 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) Signify Lumec RoadFocus 32 LED 35 watt single 6 foot masterarm
luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards and
one (1) Signify Lumec RoadFocus 16 LED 35 watt single 6 foot mastarm luminaire on round
tapered steel pole, mounted at 30 feet 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: $3.75 per 32 LED fixture and $7.75 per 16 LED fixture. This
calculates to $19.00 monthly or $228.00 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 maintenance and energy costs are estimated at $228.00, 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 and alleys. The total area of the District to be assessed is 6.004 acres,
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Resolution 5454, Intent to Create Lighting District 776
or 261,534.24 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be $37.97. 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 assessed in the same manner as the Improvements resulting
in a cost not to exceed $121.25 per acre, or $0.002784 per square foot.
On Tuesday, February 14, 2023, 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. Members of the public will also be able to participate remotely via
WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda
which is published on the City’s website at least 48 hours prior to the meeting. The agenda
is available at https://www.bozeman.net/meetings.
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 January
30, 2023.
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 10th day of January, 2023.
Mike Maas
City Clerk
City of Bozeman
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Resolution 5454, Intent to Create Lighting District 776
Legal Ad
Publication Dates:
Sunday, January 15, 2023
Sunday, January 22, 2023
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Resolution 5454, Intent to Create Lighting District 776
RESOLUTION 5454
Resolution of Intent to create SILD No.776 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to EASTLAKE PROFESSIONAL CENTER, and
paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 776, as listed in Exhibit "B", on Friday, January 13, 2023,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas City Clerk
Subscribed and sworn before me this 13th day of January, 2023.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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B16-089 SILD BOUNDARY EXHIBITSILD BOUNDARY EXHIBIT
.DWGEXHIB_ASHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:REV DATE REVISION
EAST LAKE PROFESSIONAL CENTER
BOZEMAN, MONTANA
B16-08904/2022170/14.DWGSEJTJWKLSEngineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
406.586.0277 • tdhengineering.com LEGAL DESCRIPTION:A tract of land being Lot 1A of Minor Subdivision No. 221E, said tract beinglocated in the Southwest Quarter of Section 26, Township 1 South, Range5 East, Principal Meridian Montana, City of Bozeman, Gallatin County,Montana.EXHIBIT __A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO SERVE EASTLAKEPROFESSIONAL CENTER SUBDIVIISIONLEGENDSYMBOLDESCRIPTIONADocuSign Envelope ID: FF3CD7CA-7D27-4B94-929C-C9CA9393C8CD
Exhibit B-Eastlake Professional Center.xlsx 10/25/2022/10:19 AM
OPEN Assess
Acct #Lot Acres Sq Ft SPACE Sq Ft Owner Owner Address City, State Zip
1 N 27th Ave 0.74000 32,234 32,234.40 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801
2 N 27th Ave 1.28200 55,844 55,843.92 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801
3 N 27th Ave 2.05700 89,603 89,602.92 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801
4 N 27th Ave 1.92500 83,853 83,853.00 Eastlake Professional Center LLC 1209 N Orange St Wilington, DE 19801
261,534.24 0 261,534.24
Address
EASTLAKE PROFESSIONAL CENTER
Original #149090
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