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RESOLUTION 5654
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING
TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 791 (WEST SIDE FLATS) 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 BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana to wit:
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 West Side Flats (the
“District”) for the purpose of maintenance and energy costs. The district will pay the maintenance
and energy costs for three (3) 24 watt Lumec RoadFocus by Signify Cobrahead small luminaire
lights on a single six foot mast arm on round tapered green textured steel poles, mounted at 25
feet; one (1) 29 watt Lumec RoadFocus by Signify Cobrahead small luminaire lights on a single six
foot mast arm on a round tapered green textured steel pole, mounted at 30 feet; and six (6) 9.5
watt Hadco by Signify Bollard pathway decorative luminaire lights on a single straight black steel
poles, mounted at 30 inches, per City of Bozeman standards. The initial monthly charge per
fixture per month (the “Monthly Charge”) is estimated as follows: $1.61 per 24 watt LED fixture,
$1.95 per 29 watt LED fixture and $.64 per 9.5 watt LED fixture. This calculates annually to $19.32
per 24 watt light, $23.40 per 29 watt light and $7.68 per 9.5 watt light for an annual total of
$127.44.
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. 791 (West Side Flats) of the
City of Bozeman, Montana.
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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 District
and will be assessed for the costs of the District as described in Section 1. The District, 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 District.
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 $127.44, 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
8.23177 acres, or 358,576 square feet, exclusive of parks and open space. The initial costs per
acre shall be $15.48 or $0.000355 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy
costs are estimated at $127.44, 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
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Resolution 5654, Intent to Create Lighting District 791
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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 $76.22 per acre, or $0.001750 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. Protests must
be delivered to the City Clerks’ Office at City Hall, 121 N Rouse Ave, Bozeman, Montana not later
than 5:00 p.m., M.T., on Tuesday, November 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, November 19,
2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If
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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.
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 October 26,
2024 and November 2, 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 22nd day of October 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5654, Intent to Create Lighting District 791
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. 5654, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 791
(WEST SIDE FLATS) 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 BENEFITED 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 October 22, 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 22nd day of October 2024.
___________________________________
MIKE MAAS
CITY CLERK
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Cunningham, Morrison, Madgic, Fischer, and Bode
None
None
None
Resolution 5654, Intent to Create Lighting District 791
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 791
(WEST SIDE FLATS)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 22, 2024, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5654 to create Special Improvement Lighting District No. 791 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to WEST SIDE FLATS,
and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5654 is on file with
the City Clerks' Office 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) 24 watt Lumec
RoadFocus by Signify Cobrahead small luminaire lights on a single six foot mast arm on round
tapered green textured steel poles, mounted at 25 feet; one (1) 29 watt Lumec RoadFocus by
Signify Cobrahead small luminaire lights on a single six foot mast arm on a round tapered green
textured steel pole, mounted at 30 feet; and six (6) 9.5 watt Hadco by Signify Bollard pathway
decorative luminaire lights on a single straight black steel poles, mounted at 30 inches, per City
of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”)
is estimated as follows: $1.61 per 24 watt LED fixture, $1.95 per 29 watt LED fixture and $.64 per
9.5 watt LED fixture. This calculates annually to $19.32 per 24 watt light, $23.40 per 29 watt light
and $7.68 per 9.5 watt light for an annual total of $127.44. 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 $76.22 per acre, or $0.001750 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
Clerks' Office at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T.,
on November 12, 2024.
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Resolution 5654, Intent to Create Lighting District 791
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, November 19, 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 Clerks' Office at City Hall, 121 N Rouse Ave, Bozeman, Montana
or by telephone at (406) 582-2320.
Dated: October 22, 2024.
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
MIKE MAAS
City Clerk
Legal Ad
Publication Dates:
Saturday, October 26, 2024
Saturday, November 2, 2024
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Resolution 5654, Intent to Create Lighting District 791
RESOLUTION 5654
Resolution of Intent to create Special Improvement Lighting District No. 791 for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to WEST SIDE
FLATS and paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
MIKE MAAS, 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. 791, as listed in Exhibit "B", on Friday, October 25, 2024,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
MKE MAAS
City Clerk
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1143 STONERIDGE DR
SUITE 1
BOZEMAN, MT 59718
PH: 406.587.1115
www.imegcorp.com
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Subdivision Block Lot ACCT #Sq Ft Owner Owner Address City State Zip
J & D Family Sub Ph 2 3 3 335630 5151 Fallon St 358,576 WSF LLC 2246 Boot Hill Ct Ste 1 Bozeman MT 59715
Square Footage 358,576 Total Square Feet
Acres 8.23177 Total Acreage
Address
WEST SIDE FLATS
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