HomeMy WebLinkAboutResolutions 5542 - Resolution Title Unknown Docusign Envelope ID: D1 EF4EB5-98F4-4C23-BOEF-335B5434702F
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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.
Page 1 of 8
Docusign Envelope ID: D1 EF4EB5-98F4-4C23-BOEF-335B5434702F
Resolution 5542,Intent to Create Lighting District 781
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
Page 2 of 8
Docusign Envelope ID: D1 EF4EB5-98F4-4C23-BOEF-335B5434702F
Resolution 5542,Intent to Create Lighting District 781
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
Page 3 of 8
Docusign Envelope ID: D1 EF4EB5-98F4-4C23-BOEF-335B5434702F
Resolution 5542,Intent to Create Lighting District 781
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.
DocuSign/epd��b�y:: ��
TERENCE CUNNINGHAM
Mayor
ATTEST: DocuSigned by:
�z
DocuSigned by:
ham
F41F922095AB475._
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
A153E66AA29C4F5...
�Id ,�kd Anna Saverud
X(3it�C�E�4b1 C�N04D X
Chief Civil Attorney
Page 4 of 8
Docusign Envelope ID: D1EF4EB5-98F4-4C23-BOEF-335B5434702F
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:Cunningham, Morrison, Madgic, Fischer, and Bode
; voted against the same: none ; abstained
from voting thereon: non, ; or were absent: none
DocuSigned by:
�
WITNESS my hand officially this 23,d day of July 2024. [:�DocuSigned by: 9 W
Lt. .
MIKE MAAS
CITY CLERK
Docusign Envelope ID: D1 EF4EB5-98F4-4C23-BOEF-335B5434702F
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: D1 EF4EB5-98F4-4C23-BOEF-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 BOZEM ned by:
DocuSigned by: .��aoze�9,,
M ,@2,2Q85AB475... ..-
City Clerk
HJ
Lega I Ad
Publication Dates:
Saturday, July 27, 2024
Saturday, August 3, 2024
Docusign Envelope ID: D1 EF4EB5-98F4-4C23-BOEF-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, R98?A ed by:
to the owners at the addresses shown on Exhibit "B". s �,
DocuSigned by: •O � Z'
°M-
F41F922095AB475_.
MIKE MAAS
City Clerk
subscribed and sworn before me this 26" day of July, 2024.
(Notarial Seat
Printed Name
Notary Public for the State of
Montana
Residing at: see seal
My Commission expires: see seal
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PHONE(406)586-0262
PROJECT#18-127
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Phone:208.288.2181 Project: 19KEP01
Docusign Envelope ID: D1 EF4EB5-98F4-4C23-BOEF-335B5434702F
NEXUS/GRAF APARTMENTS
MINOR SUB 235 B & C
PARCEL Block Lot ACCT# Address 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
235E 1 1 211250 2857 S 19th Ave 148,792.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718
235E 1 2 TBD Arnold ST 28,418.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718
235E 2 2 TBD Arnold ST 25,231.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718
235E 2 3 TBD Arnold ST 88,479.00 Nexus Point LLC 3661 Jagar Ln Bozeman MT 59718
235E 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
DocuSign
Certificate Of Completion
Envelope Id: D1EF4EB598F44C23BOEF335B5434702F 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 Stamps:4 PO Box 1230
Envelopeld Stamping: Enabled Bozeman, MT 59771
Time Zone: (UTC-07:00)Mountain Time(US& Mmaas@bozeman.net
Canada) IP Address:69.145.83.100
Record Tracking
Status:Original Holder:Mike Maas Location: DocuSign
7/23/2024 6:57:55 PM Mmaas@bozeman.net
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:City of Bozeman Location: DocuSign
Signer Events Signature Timestamp
Terry Cunningham Drn
° g S °by Sent:7/23/2024 7:02:34 PM
tunningham@bozeman.net nl/ ' Viewed:7/24/2024 7:33:24 AM
Mayor 0F83C603A13E47F... Signed:7/24/2024 7:33:31 AM
City of Bozeman
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address: 198.60.113.144
Electronic Record and Signature Disclosure:
Accepted:6/29/2021 4:59:06 PM
ID:47eea7cb-ba9e-4f63-bb08-c1 11 96c7c534
Anna Saverud by: Sent:7/24/2024 7:33:33 AM
asaverud@bozeman.net ED—SigIld
tnr A Viewed:7/24/2024 8:37:38 AM
Chief Civil Attorney A153E6BAA29c4F5 Signed:7/24/2024 8:38:15 AM
City of Bozeman
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address:69.145.83.100
Electronic Record and Signature Disclosure:
Accepted:3/24/2022 1:26:00 PM
ID:ce83ec13-81db-4152-bb99-18d7209ff6d1
Mike Maas by: Sent:7/24/2024 8:38:18 AM
mmaas@bozeman.net ED—Signed
Lt0, Maas Viewed:7/24/2024 11:35:11 AM
Y 9Cit Clerk F4,F922o95AB475 Signed:7/24/2024 11:35:41 AM
City of Bozeman
Security Level: Email,Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:69.145.83.100
Electronic Record and Signature Disclosure:
Accepted: 1/6/20204:08:14 PM
ID:79370d6f-72a4-4837-866f-9ec31 f00062f
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 COPIED Sent:7/24/2024 11:35:44 AM
mhodnett@bozeman.net
Finance Director
City of Bozeman
Security Level: Email,Account Authentication
(None)
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
Electronic Record and Signature Disclosure created on:7/9/2018 4:06:02 PM
Parties agreed to:Terry Cunningham,Anna Saverud,Mike Maas, Melissa Hodnett
CONSUMER DISCLOSURE
From time to time, City of Bozeman(we,us or Company)may be required by law to provide to
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If you decide to receive notices and disclosures from us electronically, you may at any time
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
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us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
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electronically from us.
How to contact City of Bozeman:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to:jolson@bozeman.net
To advise City of Bozeman of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at jolson@bozeman.net and in the
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do not require any other information from you to change your email address..
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To request paper copies from City of Bozeman
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To withdraw your consent with City of Bozeman
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
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any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer
time to process..
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To confirm to us that you can access this information electronically, which will be similar to
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By checking the `I agree' box, I confirm that:
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ELECTRONIC CONSUMER DISCLOSURES document; and
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exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Bozeman during the course of my relationship with you.