HomeMy WebLinkAboutResolutions 5571 - Intent to Create SILD 783, Sundance MinorPage 1 of 10
RESOLUTION 5571
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
783 (PHASES A & C OF SUNDANCE MINOR SUBDIVISION) 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 Phases A & C of Sundance
Minor Subdivision (the “District”) for the purpose of maintenance and energy costs. The district
will pay the maintenance and energy costs for seven (7) ELA Lighting LED 75 watt single down
swept luminaire on round tapered steel poles, mounted at 25 feet and five (5) ELA lighting LED
135 watt single down swept luminaire on round tapered steel poles, mounted at 30 feet per City of
Bozeman standards. The poles will be black powder coated over steel. The initial monthly charge
per fixture per month (the “Monthly Charge”) is estimated as follows: $6.15 per LED fixture.
This calculates to $885.60 annually.
Section 2
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Resolution 5571, Intent to Create Lighting District 783
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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. 783 (Phases A & C of Sundance Minor
Subdivision) 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 $885.60, 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 15.775 acres, or
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Resolution 5571, Intent to Create Lighting District 783
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687,159.00 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $56.14 or $0.001289 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $885.60, 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 $87.84 per acre, or $0.002016 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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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 (February 12, 2024) 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 27, 2024 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 January 27, 2024
and February 3, 2024 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 23rd day of January 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
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Resolution 5571, Intent to Create Lighting District 783
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ATTEST:
____________________________________
ALEX NEWBY Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 5571, Intent to Create Lighting District 783
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. 5571, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 783 (PHASES A & C OF SUNDANCE MINOR
SUBDIVISION) 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 23, 2024 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 23rd day of January 2024.
___________________________________
ALEX NEWBY DEPUTY CITY CLERK
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Terry Cunningham, Joey Morrison, Jennifer Madgic
Christopher Coburn, Douglas Fischer
Resolution 5571, Intent to Create Lighting District 783
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 783
(PHASES A & C OF SUNDANCE MINOR SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on January 23, 2024, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5571 to create Special Improvement Lighting District No. 783 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to PHASES A & C OF
SUNDANCE MINOR SUBDIVISION, and paying maintenance and energy costs relating
thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5571 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 seven (7) ELA Lighting LED 75 watt single down swept luminaire on round
tapered steel poles, mounted at 25 feet and five (5) ELA lighting LED 135 watt single down swept
luminaire on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The
poles will be black powder coated over steel. The initial monthly charge per fixture per month (the
“Monthly Charge”) is estimated as follows: $6.15 per LED fixture. This calculates to $885.60
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 is $73.80 per
year for the entire District. The total area of the District to be assessed is 15.775 acres, or
687,159.00 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $56.16, or $0.001289 per square foot. The annual assessments for costs of the
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Resolution 5571, Intent to Create Lighting District 783
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 $87.84 per acre, or $0.002016 per square foot.
On Tuesday, February 27, 2024, 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.
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 12, 2024.
If protests are received by the deadline, the City Commission will hear and pass upon all
written protests against the creation or extension of the District, or the Improvements on Tuesday,
February 27, 2023, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave,
Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time
and location, pass a Resolution authorizing the creation or modification of the district.
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: January 23, 2024.
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
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Resolution 5571, Intent to Create Lighting District 783
_________________________________________
ALEX NEWBY Deputy City Clerk
Legal Ad
Publication Dates:
Saturday, January 27, 2024
Saturday, February 3, 2024
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Resolution 5571, Intent to Create Lighting District 783
RESOLUTION 5571
Resolution of Intent to create SILD No. 783 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to PHASES A & C OF SUNDANCE MINOR
SUBDIVISION and paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
ALEX NEWBY, Deputy 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. 783, as listed in Exhibit "B", on Friday, January 26, 2024,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
ALEX NEWBY Deputy City Clerk
Subscribed and sworn before me this 26th day of January, 2024.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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