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HomeMy WebLinkAboutResolutions 5635 Intent to Modify SILD 766 Northwest Crossing Phases 1 & 2.1 to include Phases 2.2 & 2.3Page 1 of 10 RESOLUTION 5635 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PHASES 1 & 2.1) TO INCLUDE PHASES 2.2 AND 2.3 TO THIS DISTRICT AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE 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 766, Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve NORTHWEST CROSSING (the “District”) for the purpose of, maintenance and energy costs. The city will maintain and pay energy costs for the modified district. The District will pay the maintenance and energy costs for five (5) Lumec RoadFocus LED Cobrahead 100-watt single upsweep luminaires on round tapered steel poles, mounted at 35’ per City of Bozeman standards and twenty-seven (41) Lumec RoadFocus LED Cobrahead 45-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standard. 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: $5.60 per 100-watt fixture and $2.41 per 45-watt fixture or $1,521.72 annually. Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 Page 2 of 10 Section 2 Number of District. The modified district is known and designated as Special Improvement Lighting District No.766 (Northwest Crossing Ph 1, 2.1-2.3) 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 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, 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 $1,521.72, 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 Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 Page 3 of 10 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 41.32 acres, or 1,799,835 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $36.83 or $0.000846 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $1,521.72, 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 $48.93 per acre, or $0.001124 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 Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 Page 4 of 10 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 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 (October 14, 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 Tuesday, October 22, 2024 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The Deputy 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 September 28, 2024 and October 05, 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 AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of September 2024. Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 Page 5 of 10 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 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. 5635, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PH 1 & 2.1) TO INCLUDE PHASES, 2.2 and 2.3 AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE 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 September 24, 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 24th day of September 2024. ___________________________________ Alex Newby Deputy City Clerk Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Cunningham, Morrison, Madgic, Fischer, Bode Resolution 5635, Intent to Modify Lighting District 766 INTENT TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PHASE 1 & 2.1) TO INCLUDE PHASES 2.2 and 2.3 CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on September 24, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5635 to modify Special Improvement Lighting District No. 766 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Northwest Crossing Ph 1, 2.1-2.3, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5635 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 five (5) Lumec RoadFocus LED Cobrahead 100-watt single upsweep luminaires on round tapered steel poles, mounted at 35’ per City of Bozeman standards and twenty-seven (41) Lumec RoadFocus LED Cobrahead 45-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standard. 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: $5.60 per 100-watt fixture and $2.41 per 45-watt fixture or $1,521.72 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 are $1,521.72 for the entire District. The total Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 area of the District to be assessed is 41.32 acres, or 1,799,835 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $36.83 or $0.000846 per square foot 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 $48.93 per acre, or $0.001124 per square foot. 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 City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, October 14, 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, October 22, 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: September 24, 2024 BY ORDER OF THE CITY COMMISSION Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Alex Newby Deputy City Clerk Legal Ad Publication Dates: Saturday, September 28, 2024 Saturday, October 5, 2024 Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4 Resolution 5635, Intent to Modify Lighting District 766 COMMISSION RESOLUTION NO. 5635 Resolution of Intent to Modify SILD No. 766 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Northwest Crossing Ph 1, 2.1-2.3 and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING Alex Newby, Deputy City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in regard to the owners in Special Improvement Lighting District No. 766, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, September 27, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Alex Newby Deputy City Clerk Docusign Envelope ID: 55A27A2C-42AE-4898-A1C5-0C9D29B25AE4