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HomeMy WebLinkAboutResolutions 5542 - Intent to Create Special Improvement Lighting District 781Page 1 of 8 RESOLUTION 5542 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 781 (SOUTH 21ST SUB 235 B & C SILD) 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 South 21st Sub 235 B & C SILD (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for six (6) 47 watt Phillips Lumec Cobra head Road Focus small head fixture on a single swept luminaire on round tapered steel poles, and three (3) 72 Watt Phillips Lumec Cobra head Road Focus small head fixture on a single swept luminaire on round tapered steel poles mounted at 30 feet and nine (9) 73 Watt Phillips Lumec Cobra head Road Focus small head fixture on a single swept luminaire on round tapered steel poles mounted at 12 feet per City of Bozeman standards. The poles will be green powder coated over steel. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.8612 per 47 watt LED fixture and $2.8512 per 72 watt LED fixture and $2.8908 per 73 watt Led fixture. This calculates to $548.86 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. 781 (South 21st Sub 235 B & C SILD) of the City of Bozeman, Montana. Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Resolution 5542, Intent to Create Lighting District 781 Page 2 of 8 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 $548.86, 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 36.51474 acres, or 1,590,582.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $15.031 or $0.000345 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $548.86, 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 Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Resolution 5542, Intent to Create Lighting District 781 Page 3 of 8 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 $28.72 per acre, or $0.00066 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. Written protests against the creation or 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 Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, August 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, on Tuesday, August 20, 2024, 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 Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Resolution 5542, Intent to Create Lighting District 781 Page 4 of 8 authorizing the creation or modification of the district. 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 July 27, 2024 and August 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 July 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Chief Civil Attorney XXXXXXXXXXXXXX Anna Saverud XXXXXXXXXXXXXX Resolution 5542, Intent to Create Lighting District 781 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. 5542, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 781 (SOUTH 21ST SUB 235 B & C SILD) 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 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 July 2024. ___________________________________ MIKE MAAS CITY CLERK Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F none Cunningham, Morrison, Madgic, Fischer, and Bode nonenone Resolution 5542, Intent to Create Lighting District 781 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 781 (SOUTH 21ST SUB 235 B & C SILD) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on July 23, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5542 to create Special Improvement Lighting District No. 781 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to South 21st Sub 235 B & C SILD, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5542 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 costs for six (6) 47 watt Phillips Lumec Cobra head Road Focus small head fixture on a single swept luminaire on round tapered steel poles, and three (3) 72 Watt Phillips Lumec Cobra head Road Focus small head fixture on a single swept luminaire on round tapered steel poles mounted at 30 feet and nine (9) 73 Watt Phillips Lumec Cobra head Road Focus small head fixture on a single swept luminaire on round tapered steel poles mounted at 12 feet per City of Bozeman standards. The poles will be green powder coated over steel. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.8612 per 47 watt LED fixture and $2.8512 per 72 watt LED fixture and $2.8908 per 73 watt Led fixture. This calculates to $548.86 annually. 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 $28.724 per acre, or $0.00066 per square foot. 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 Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Resolution 5542, Intent to Create Lighting District 781 Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on August 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, August 20, 2024, 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: July 23, 2024. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ MIKE MAAS City Clerk Legal Ad Publication Dates: Saturday, July 27, 2024 Saturday, August 3, 2024 Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Resolution 5542, Intent to Create Lighting District 781 RESOLUTION 5542 Resolution of Intent to create SILD No. 781 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to South 21st Sub 235 B & C SILD 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. 781, as listed in Exhibit "B", on Friday, July 26, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ MIKE MAAS City Clerk Subscribed and sworn before me this 26th day of July, 2024. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F SOUTH 19THLANTERN DRIVE SOUTH 21STARNOLD ST SILDMADISON ENGINEERING 895 TECHNOLOGY BLVD SUITE 203 BOZEMAN, MT 59718 PHONE (406) 586-0262 NEXUS POINT SPECIAL IMPROVEMENT LIGHTING DISTRICT Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F PUBLIC PARKBLDG 4TYPE B2925 S 21STBLDG 2TYPE C2901 S 21STBLDG 6TYPE B2965 S 21STBLDG5TYPEA2945S21STBLDG 19TYPE B3025 S 21STBLDG 16TYPE C3095S 21STBLDG 17CLUBHOUSE3001S 21STBLDG 10TYPE B3140 S 21STBLDG 13TYPE C3090 S 21STBLDG 1 5 TYPE A 3 1 6 0 S 2 1STBLDG 21TYPE B3075 S 21STBLDG 18TYPE B3005 S 21STBLDG 20TYPE B3045 S 21STBLDG 12TYPE B3000 S 21STBLDG 7TYPE B2985 S 21STFUTUREPHASEFUTUREPHASEBLDG 1TYPE ECLUBHOUSE2900S 21STBLDG 8TYPE B2980 S 21STBLDG 9TYPE B2950S 21STBLDG 11 TYPE A3010 S 21STBLDG 3TYPE D2917S 21STPUBLIC PARKBLDG 4TYPE B2925 S 21STBLDG 2TYPE C2901 S 21STBLDG 6TYPE B2965 S 21STBLDG5TYPEA2945S21STBLDG 19TYPE B3025 S 21STBLDG 16TYPE C3095S 21STBLDG 17CLUBHOUSE3001S 21STBLDG 10TYPE B3140 S 21STBLDG 13TYPE C3090 S 21STBLDG 1 5 TYPE A 3 1 6 0 S 2 1STBLDG 21TYPE B3075 S 21STBLDG 18TYPE B3005 S 21STBLDG 20TYPE B3045 S 21STBLDG 12TYPE B3000 S 21STBLDG 7TYPE B2985 S 21STFUTUREPHASEFUTUREPHASEBLDG 1TYPE ECLUBHOUSE2900S 21STBLDG 8TYPE B2980 S 21STBLDG 9TYPE B2950S 21STBLDG 11 TYPE A3010 S 21STBLDG 3TYPE D2917S 21ST2555 WALNUT STREETDENVER, COLORADO 80205www.kephart.comK E P H A R Tcommunity planning architectureCOPYRIGHT ©Project ArchitectProject DesignerDateJob NumberDrawn ByChecked ByTitleSheet Number2131 GRAF 2131 GRAF ST. BOZEMAN, MT 59715 2018 DVLDVL2019.06.05218052TS/DERENo.DateIssueProject:19KEP01Phone: 208.288.2181PERMIT SUBMITTAL08.15.21IFC/ASI #102.04.22ADDENDUM #110.22.2112RFI 13107.13.223E-1.00ELECTRICAL SITE PLANASI B03.30.22BASI E09.07.22ERFI 145RFI 158Graf StreetSouth 21stLantern DriveDocusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F PARCEL Block Lot ACCT #Sq Ft Owner Owner Address City State Zip 235C 2 2 335830 2941 S 21st Ave 230,656.00 Graf Apartments LLC 1450 Twin Lakes Ave Ste 201 Bozeman MT 59718 235C 1 1 335820 2940 S 21st Ave 92,178.00 Graf Apartments LLC 1450 Twin Lakes Ave Ste 201 Bozeman MT 59718 235C 1 2 335860 2990 S 21st Ave 172,131.00 Graf Apartments LLC 1450 Twin Lakes Ave Ste 201 Bozeman MT 59718 235C 2 1 335810 3041 S 21st Ave 291,358.00 Graf Apartments Phase II LLC 1450 Twin Lakes Ave Ste 201 Bozeman MT 59718 235C 1 3 335840 3050 S 21st Ave 273,376.00 Graf Apartments Phase II LLC 1450 Twin Lakes Ave Ste 201 Bozeman MT 59718 235B 1 1 211250 2857 S 19th Ave 148,792.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718 235B 1 2 TBD Arnold ST 28,418.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718 235B 2 2 TBD Arnold ST 25,231.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718 235B 2 3 TBD Arnold ST 88,479.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718 235B 2 4 TBD S 21st Ave 20,838.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718 235B 3 1 TBD Lantern Dr 219,125.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718 Total Square Footage 1,590,582.00 Acreage 36.51 Address NEXUS/GRAF APARTMENTS MINOR SUB 235 B & C Docusign Envelope ID: D1EF4EB5-98F4-4C23-B0EF-335B5434702F Certificate Of Completion Envelope Id: D1EF4EB598F44C23B0EF335B5434702F Status: Completed Subject: Complete with Docusign: F.7 Resolution 5542 Intent to Create SILD 781.pdf Source Envelope: Document Pages: 12 Signatures: 6 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 4 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 7/23/2024 6:57:55 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.60.113.144 Sent: 7/23/2024 7:02:34 PM Viewed: 7/24/2024 7:33:24 AM Signed: 7/24/2024 7:33:31 AM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Anna Saverud asaverud@bozeman.net Chief Civil Attorney City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 7/24/2024 7:33:33 AM Viewed: 7/24/2024 8:37:38 AM Signed: 7/24/2024 8:38:15 AM Electronic Record and Signature Disclosure: Accepted: 3/24/2022 1:26:00 PM ID: ce83ec13-81db-4152-bb99-18d7209ff6d1 Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 7/24/2024 8:38:18 AM Viewed: 7/24/2024 11:35:11 AM Signed: 7/24/2024 11:35:41 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Melissa Hodnett mhodnett@bozeman.net Finance Director City of Bozeman Security Level: Email, Account Authentication (None) Sent: 7/24/2024 11:35:44 AM Electronic Record and Signature Disclosure: Accepted: 5/27/2023 4:06:37 PM ID: 83ea145d-4e1e-4539-9c46-d271c8ed695d Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/23/2024 7:02:34 PM Certified Delivered Security Checked 7/24/2024 11:35:11 AM Signing Complete Security Checked 7/24/2024 11:35:41 AM Completed Security Checked 7/24/2024 11:35:44 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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