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HomeMy WebLinkAboutResolutions 5616 - Intent to Create Special Improvement Lighting District 785Page 1 of 8 RESOLUTION 5616 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 785 (GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A) 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 Gardner Simmental Plaza Subdivision Lot 2A (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for one (1) RoadFocus LED small Cobra head 45 watt single upswept luminaire on a round tapered green steel pole, mounted at 30 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.819 per 45-watt LED fixture. This calculates to $21.83 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. 785 (Gardner Simmental Plaza Subdivision Lot 2A) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Resolution 5616, Intent to Create Lighting District 785 Page 2 of 8 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 $1.819, 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 2.22 acres, or 96,703.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $9.84 or $0.000226 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $21.83, 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 $235.06 per acre, or $0.005397 per square foot. Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Resolution 5616, Intent to Create Lighting District 785 Page 3 of 8 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, July 29, 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 6, 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. Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Resolution 5616, Intent to Create Lighting District 785 Page 4 of 8 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 13, 2024 and July 20, 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 9th day of July 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Resolution 5616, Intent to Create Lighting District 785 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. 5616, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 785 (GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A) 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 9, 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 9th day of July 2024. ___________________________________ MIKE MAAS CITY CLERK Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Cunningham, Morrison, Madgic, Fischer, Bode None None Resolution 5616, Intent to Create Lighting District 785 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 785 (GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on April 9, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5616 to create Special Improvement Lighting District No. 785 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5616 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 one (1) RoadFocus LED small Cobra head 45 watt single upswept luminaire on a round tapered green steel pole, mounted at 30 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.819 per 45-watt LED fixture. This calculates to $21.83 annually. The total area of the District to be assessed is 2.22 acres, or 96,703.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $9.84 or $0.000226 per square foot annually. 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 $235.06 per acre, or $0.005397 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 Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on July 29, 2024. If protests are received by the deadline, the City Commission will hear and pass upon Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Resolution 5616, Intent to Create Lighting District 785 all written protests against the creation or extension of the District, or the Improvements on Tuesday, July 9, 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 9, 2024. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ MIKE MAAS City Clerk Legal Ad Publication Dates: Saturday, July 13, 2024 Saturday, July 20, 2024 Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Resolution 5616, Intent to Create Lighting District 785 RESOLUTION 5616 Resolution of Intent to create SILD No. 785 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) MIKE MAAS, Deputy City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District No. 785, as listed in Exhibit "B", on Friday, July 12, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ MIKE MAAS City Clerk Subscribed and sworn before me this 12th 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: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 35.5' 5.2'5.0'5.0'4.9'29.8' EOA TO EOA26.9'24.0'5.1'4.9'35.3'31.7' EOA TO EOAN89° 42' 59"E250.71'N0° 17' 56"E 108.17'N89° 42' 59"E193.76'N0° 17' 56"E 430.56' 5.0'40'N89° 42' 59"E250.71'40'9.0' (TYP.)7.0'5.0' ADDITIONAL ROW40.0'0'40'80'120'C1.1AS NOTEDGENERAL CIVILCKHEC Feb 23, 2022 - 9:14amCAD FILE: M:\213605\Drawings\Site Plan Submittal\1 - SITE PLAN.dwg REVISIONSDATEPROJECT NUMBERHYALITE Engineers, PLLC2304 N 7th Ave. Ste. LBozeman, MT 59715Tel: (406) 587.2781w w w . hyaliteeng. comFax: (406) 522.92252018145 SIMMENTAL WAY BOZEMAN, MT02/23/2221360522x34 originals SCALESHEET TITLEDESIGN BYMONTANABRETT C.No. 29106 PEMEGAARDPEFORSOILNASREN IG ENEPRELIM INARYEXISTING BUILDINGBOOT HILL COURTSIMMENTAL WAY EXISTING BUILDINGEXISTING BUILDINGEXISTING BUILDINGVISION TRIANGLE (TYP.)PROPOSEDBUILDINGPROPOSED CURB &GUTTERAPPROXIMATEPROPERTY BOUNDARYEXISTING CURB &GUTTERSEE LANDSCAPE PLANFOR PROPOSEDLANDSCAPINGINSTALL STREET LIGHT WITH PULLBOX SEE DETAILS 10, 11, & 12PROPOSED 40'X15' STORMRETENTION PONDPROPOSED 150'X7' STORMRETENTION PONDCONSTRUCTION STAGINGAREA, SPOILS LOCATION,AND CONSTRUCTIONTRASH LOCATIONCONSTRUCTIONENTRANCE FORMATERIALS AND HEAVYEQUIPMENTINSTALL NO PARKING SIGNALONG BOOT HILL COURTINSTALL NO PARKING SIGNALONG BOOT HILL COURTPROPOSED CURB &GUTTERPROPOSED 90'X12' STORMRETENTION PONDPROPOSED CURB &GUTTERPROPOSED CURB CUT ANDSIDEWALK CHASELOT 2ADocusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 PARCEL ACCT #BLK LOT Sq Ft Assess Sq Ft Owner Owner Address City State Zip 135590 2A 125 SIMMENTAL WAY 96,703.00 96,703.00 915 Properties 1891 Boothill Ct Bzoeman MT 59715 Address GARDNER SIMMENTAL PLAZA SUBDISION LOT 2A TRACT 7 LOT 2A Docusign Envelope ID: 9E329193-5B37-43C5-9EBB-ABCB3CE334F1 Certificate Of Completion Envelope Id: 9E3291935B3743C59EBBABCB3CE334F1 Status: Completed Subject: Complete with Docusign: Resolution_5616-Intent_to_Create_SILD_785.pdf Source Envelope: Document Pages: 10 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: 3 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 7/9/2024 4:05:52 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 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 7/9/2024 8:00:07 PM Viewed: 7/9/2024 8:00:47 PM Signed: 7/9/2024 8:01:08 PM Electronic Record and Signature Disclosure: Accepted: 7/9/2024 8:00:47 PM ID: 795e82ca-3235-4cd4-84e4-a34e7a2dbc63 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: 7/9/2024 8:00:07 PM Viewed: 7/12/2024 9:32:54 AM Signed: 7/12/2024 9:34:06 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f 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 Signed using mobile Sent: 7/9/2024 8:00:07 PM Viewed: 7/10/2024 7:58:51 AM Signed: 7/10/2024 7:58:59 AM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 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 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/9/2024 8:00:07 PM Certified Delivered Security Checked 7/10/2024 7:58:51 AM Signing Complete Security Checked 7/10/2024 7:58:59 AM Completed Security Checked 7/12/2024 9:34:06 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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