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HomeMy WebLinkAboutComplete_with_Docusign_F10_Resolution_2025- RESOLUTION 2025-70 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793 (MEADOW BRIDGE SUBDIVISION) 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 Meadow Bridge Subdivision (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for: three (3) 73 watt Gardco EcoForm Area Luminaires with a black finish mounted on 25 foot straight poles and two (2) 73 watt Gardco EcoForm Area Luminaires with a black finish mounted on 30 foot straight poles for a total of five (5) light poles Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 Page 2 of 11 with a concrete aggregate finish to match the existing light poles per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $4.86 per 73 watt LED fixture. This calculates annually to $58.32 per 73 watt light, for an estimated total annual cost of $291.60. 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. 793 (Meadow Bridge Subdivision) 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 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. Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 Page 3 of 11 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 $291.60, 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 8.52764 acres, or 371,464 square feet, exclusive of parks and open space. The initial costs per acre shall be $34.19 or $0.000785 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $291.60, 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 $92.83 per acre, or $0.002131 per square foot. Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 Page 4 of 11 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 Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 Page 5 of 11 delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, MT not later than 5:00 p.m. on Monday, November 17, 2025. 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 18, 2025, at 6:00 pm in the City Commission Room, Bozeman 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. 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 November 1,, 2025 and November 8, 2025, 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 28th day of October 2025. Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 Page 6 of 11 ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution of Intent to Create Lighting District 793 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. 2025-XX, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793 (MEADOW BRIDGE SUBDIVISION) 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 28, 2025, 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 28th day of October 2025. ___________________________________ MIKE MAAS City Clerk Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 none none Fischer, and Bode none Cunningham, Morrision, Madgic, Resolution 2025-70 Intent to Create Lighting District 793 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793 (MEADOW BRIDGE SUBDIVISION) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on October 28, 2025, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 2025-XX to create Special Improvement Lighting District No. 793 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Meadow Bridge Subdivision, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 2025-XX 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: three (3) 73 watt Gardco EcoForm Area Luminaires with a black finish mounted on 25 foot straight poles and two (2) 73 watt Gardco EcoForm Area Luminaires with a black finish mounted on 30 foot straight poles for a total of five (5) light poles with a concrete aggregate finish to match the existing light poles per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $4.86 per 73 watt LED fixture. This calculates annually to $58.32 per 73 watt light, for an estimated total annual cost of $291.60. The total area of the District to be assessed is 8.52764 acres, 371,464 square feet, Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 exclusive of parks and open space. The initial costs of the Improvements per acre shall be $34.19. 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 $92.83 per acre, or $0.002131 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 November 17, 2025. 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 18, 2025, 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 this 28h day of October 2025. MIKE MAAS City Clerk City of Bozeman Legal Ad Publication Dates: Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 Saturday, November 1, 2025 Saturday, November 8, 2025 Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Resolution 2025-70 Intent to Create Lighting District 793 RESOLUTION 2025-70 Resolution of Intent to create Special Improvement Lighting District No. 793 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Meadow Bridge Subdivision 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. 793, as listed in Exhibit "B", on Friday, October 31, 2025, directed to the owners at the addresses shown on Exhibit "B". ______________________________ MIKE MAAS City Clerk Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Blk Lot Sq Ft Owner Owner Address City State Zip 1 1 11,221 Meadow Bridge LLC PO Box 20913 Billings MT 59104 2 11,799 Meadow Bridge LLC PO Box 20913 Billings MT 59104 3 12,882 Meadow Bridge LLC PO Box 20913 Billings MT 59104 4 10,200 Meadow Bridge LLC PO Box 20913 Billings MT 59104 5 10,200 Meadow Bridge LLC PO Box 20913 Billings MT 59104 6 10,200 Meadow Bridge LLC PO Box 20913 Billings MT 59104 7 11,695 Meadow Bridge LLC PO Box 20913 Billings MT 59104 8 9,017 Meadow Bridge LLC PO Box 20913 Billings MT 59104 9 8,250 Meadow Bridge LLC PO Box 20913 Billings MT 59104 10 8,824 Meadow Bridge LLC PO Box 20913 Billings MT 59104 11 9,039 Meadow Bridge LLC PO Box 20913 Billings MT 59104 12 10,372 Meadow Bridge LLC PO Box 20913 Billings MT 59104 2 1 14,054 Meadow Bridge LLC PO Box 20913 Billings MT 59104 2 12,457 Meadow Bridge LLC PO Box 20913 Billings MT 59104 3 12,506 Meadow Bridge LLC PO Box 20913 Billings MT 59104 4 12,396 Meadow Bridge LLC PO Box 20913 Billings MT 59104 5 12,411 Meadow Bridge LLC PO Box 20913 Billings MT 59104 6 9,621 Meadow Bridge LLC PO Box 20913 Billings MT 59104 7 9,510 Meadow Bridge LLC PO Box 20913 Billings MT 59104 8 8,512 Meadow Bridge LLC PO Box 20913 Billings MT 59104 9 8,791 Meadow Bridge LLC PO Box 20913 Billings MT 59104 10 9,941 Meadow Bridge LLC PO Box 20913 Billings MT 59104 3 1 5,820 Meadow Bridge LLC PO Box 20913 Billings MT 59104 2 5,198 Meadow Bridge LLC PO Box 20913 Billings MT 59104 3 5,527 Meadow Bridge LLC PO Box 20913 Billings MT 59104 4 6,175 Meadow Bridge LLC PO Box 20913 Billings MT 59104 5 6,454 Meadow Bridge LLC PO Box 20913 Billings MT 59104 6 4,884 Meadow Bridge LLC PO Box 20913 Billings MT 59104 7 6,313 Meadow Bridge LLC PO Box 20913 Billings MT 59104 8 12,849 Meadow Bridge LLC PO Box 20913 Billings MT 59104 9 7,534 Meadow Bridge LLC PO Box 20913 Billings MT 59104 10 6,803 Meadow Bridge LLC PO Box 20913 Billings MT 59104 11 6,803 Meadow Bridge LLC PO Box 20913 Billings MT 59104 12 6,803 Meadow Bridge LLC PO Box 20913 Billings MT 59104 13 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104 14 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104 15 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104 16 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104 17 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104 18 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104 19 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104 20 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104 21 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104 22 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104 23 8,395 Meadow Bridge LLC PO Box 20913 Billings MT 59104 371,464.00 Total Lot Square Footage 8.52764004 Total Lot Acreage Meadow Bridge Subdivision COS 2286 LESS MEADOW CREEK SUB PH 1 FORMERLY - 2200 W GRAF ST RGG9205 Docusign Envelope ID: B974B4E3-273F-4CF7-BA65-8F336C56D108 Certificate Of Completion Envelope Id: B974B4E3-273F-4CF7-BA65-8F336C56D108 Status: Completed Subject: Complete with Docusign: F.10 Resolution_2025-70_Intent_to_Create_SILD 793.pdf Source Envelope: Document Pages: 13 Signatures: 5 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: 155.190.3.5 Record Tracking Status: Original 10/29/2025 12:18:44 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: 2600:100e:b060:4fa4:957c:f558:f2ca:a7fc Signed using mobile Sent: 10/29/2025 12:21:31 PM Viewed: 10/29/2025 12:39:07 PM Signed: 10/29/2025 12:39:17 PM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 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: 155.190.3.7 Sent: 10/29/2025 12:39:18 PM Viewed: 10/29/2025 12:55:17 PM Signed: 10/29/2025 12:55:26 PM Electronic Record and Signature Disclosure: Accepted: 10/29/2025 12:55:17 PM ID: d8d074b9-61f1-4553-9328-75a24126998b Mike Maas Mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.113 Sent: 10/29/2025 12:55:27 PM Viewed: 10/29/2025 1:55:17 PM Signed: 10/29/2025 1:55:32 PM 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 Bernie Massey Bmassey@bozeman.net Security Level: Email, Account Authentication (None) Sent: 10/29/2025 1:55:34 PM Electronic Record and Signature Disclosure: Accepted: 5/29/2020 9:39:25 AM ID: 8a066641-5f9c-4604-a9b9-814c8362b47b Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/29/2025 12:21:31 PM Certified Delivered Security Checked 10/29/2025 1:55:17 PM Signing Complete Security Checked 10/29/2025 1:55:32 PM Completed Security Checked 10/29/2025 1:55:34 PM 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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