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HomeMy WebLinkAboutResolutions 2026-33 - SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 797 (URBAN + FARM PHASE 2)Resolution of Intent to Create Lighting District 797 RESOLUTION 2026-33 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, , RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 797 (URBAN + FARM PHASE 2) 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 URBAN + FARM PHASE 2 (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for: ten (10) 36-watt Signify Urban Domus small Luminaire on a single arm with forest green finish mounted on 15-foot straight poles, nineteen (19) 36-watt Signify Urban Domus Pendant Luminaire on a single arm with forest green finish mounted on 25- foot straight poles, eighteen (18) 56-watt Signify Urban Domus Pendant Luminaire on a single arm with forest green finish mounted on 30-foot straight poles, two (2) 75-watt Signify Urban Domus Pendant Luminaire on a single arm with forest green finish mounted on 30-foot straight Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 poles. The initial average monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.02 per 36-watt LED fixture, $3.14 per 56-watt LED fixture and $4.04 per 72-watt LED fixture. This calculates annually to $24.25 per 36-watt fixture, $37.72 per 56-watt fixture and $48.50 per 72-watt fixture for an estimated total annual cost of $1,479.26. 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. 797 (URBAN + FARM PHASE 2) 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: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 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 $1,479.26, 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 55.04 acres, or 2,397,479.00 square feet, exclusive of parks and open space. The initial costs per acre shall be $26.88 or $0.000617 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $95.16, 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 $35.96 per acre, or $0.000826 per square Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 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 Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 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 Clerk at City Hall, 121 N Rouse Ave, Bozeman, MT not later than 5:00 p.m. on Monday, May 11, 2026. 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, May 19, 2026, 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 April 25, 2026 and May 02, 2026, 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 21st day of April 2026. ___________________________________ JOEY MORRISON Mayor Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 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. 2026-33, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 797 (URBAN + FARM PHASE 2) 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 April 21, 2026, 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: Morrison, Fischer, Madgic, Bode, Sweeney _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 21st day of April 2026. ___________________________________ MIKE MAAS City Clerk Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 797 (URBAN + FARM PHASE 2) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on April 21, 2026, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 2026-33 to create Special Improvement Lighting District No. 797 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to URBAN + FARM PHASE 2, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 2026-33 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: ten (10) 36-watt Signify Urban Domus small Luminaire on a single arm with forest green finish mounted on 15-foot straight poles, nineteen (19) 36-watt Signify Urban Domus Pendant Luminaire on a single arm with forest green finish mounted on 25-foot straight poles, eighteen (18) 56-watt Signify Urban Domus Pendant Luminaire on a single arm with forest green finish mounted on 30-foot straight poles, two (2) 75-watt Signify Urban Domus Pendant Luminaire on a single arm with forest green finish mounted on 30-foot straight poles. The initial average monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.02 per 36-watt LED fixture, $3.14 per 56-watt LED Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 fixture and $4.04 per 72-watt LED fixture. This calculates annually to $24.25 per 36-watt fixture, $37.72 per 56-watt fixture and $48.50 per 72-watt fixture for an estimated total annual cost of $1,479.26. The total area of the District to be assessed is 55.04 acres, 2,397,479.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $26.88 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 $35.96 per acre, or $0.000826 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 May 11, 2026. 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, May 19, 2026, 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 21st day of April 2026. MIKE MAAS Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 City Clerk City of Bozeman Legal Ad Publication Dates: Saturday, April 25, 2026 Saturday, May 02, 2026 Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Resolution of Intent to Create Lighting District 797 RESOLUTION 2026-33 Resolution of Intent to create Special Improvement Lighting District No. 797 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to URBAN + FARM PHASE 2 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. 797, as listed in Exhibit "B", on Friday, April 24, 2026, directed to the owners at the addresses shown on Exhibit "B". ______________________________ MIKE MAAS City Clerk Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 M LOT 1BLOCK 13LOT 1BLOCK 8LOT 1BLOCK 7LOT 1BLOCK 4LOT 1BLOCK 3LOT 1BLOCK 2LOT 1BLOCK 1LOT 2BLOCK 6LOT 1BLOCK 6LOT 1BLOCK 10LOT 2BLOCK 9LOT 1BLOCK 9LOT 1BLOCK 11LOT 3BLOCK12LOT 4BLOCK 12LOT 1BLOCK 12LOT 2BLOCK 11LOT 5BLOCK 12LOT 5BLOCK 12LOT 3BLOCK12LOT 5BLOCK 12LOT 5BLOCK 12LOT 2BLOCK 1LOT 1BLOCK 5LOT 2BLOCK 5SDMH(3) TC(6) AH (3) TC (7) BO(3) BE(3) BE(3) AH (5) MR (1) TCS2S2S2S2S1S1S3S3S3S3S1S1S1S1S3B1P1S3S3S3S31E102S2S2S1S1S1S1S2S2S2S3S3S3S3S2S3S2S2S2S2S2S2S2E101AE101BE101CE101FE101EE101DS2S2COMPETITION DRIVECOMPETITION DRIVECOMPETITION DRIVEVALLEY COMMONSVALLEY COMMONSVALLEY COMMONSSOUTH ELDORADOSOUTH ELDORADOSOUTH RELIANCE SOUTH RELIANCE SOUTH LAUREL PARKWAYSOUTH LAUREL PARKWAY POND LILY POND LILY WATER LILY WATER LILY BETTY LANE S3S3S3S32E101E2E101FS4S406.29.17 11:09 PM | L:\OUTLAW_UFMP\BIMCAD\Elec\Phase 2\OUTLAW_UFMP2_E101.dwgE101SITE LIGHTING PLANOVERALLFAULKNER1 - INFRA-RESUBMITTAL - 06-07-20242 - INFRA-RESUBMITTAL - 07-26-20243 - UTILITY COORD - 08-16-20244 - INFRA-RESUBMITTAL - 09-13-20245 - INFRA-RESUBMITTAL - 09-23-20246 - INFRA SUBMITTAL - 02-06-20257 - INFRA-RESUBMITTAL - 03-10-20258 - LTG SUBMITAL COORD - 04-01-20259 - INFRA-RESUBMITTAL - 05-16-202510 - MONUMENT SIGNAGE - 07-08-2025MORANVILLEDRAWN BY |REVISIONS©| ALL RIGHTS RESERVEDCHECKED BY |®PROJECT #|URBAN + FARM MP - OVERALL OUTLAW PARTNERS, BIG SKY, MONTANA BOZEMAN, MONTANACONSTRUCTION SET8.21.20242024OUTLAW_UFMP1E101SITE LIGHTING PLAN OVERALLSCALE: 1" = 120'-0"LEGENDSQUARE POLE MOUNTED FIXTURE, EXTERIORSITE FIXTURE AS NOTED.JTLIGHTING CONTROL CENTER CABINETPULLBOXHAIDLEJEFFREY LYNNNo. 11561 PE MONTANALICENSEDPROFESSIONAL ENGINEER 121233333333455555556666666666667899999101011 - PARK POWER UPDATE - 11-11-20251111111817161514131211109876543211098765432119181716151413121110987654321Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24 Blk Lot Sq Ft Owner Owner Address City State Zip 1 1 114372 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 2 54992 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 1 219698 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 3 1 296572 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 4 1 199824 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 5 1 82321 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 5 2 68594 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 6 1 99943 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 7 1 248183 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 8 1 296759 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 9 1 33736 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 9 2 32231 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 10 1 69951 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 11 1 81278 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 11 2 43837 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 12 1 39362 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 12 2 97941 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 12 3 41668 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 12 4 207186 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 13 1 69031 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2,397,479.00 Total Lot Square Footage 55.04 Total Lot Acreage Urban + Farm Phase 2 Laurel Parkway LLC Norton East Rach Subdivision Phase 4 Lot R4 Docusign Envelope ID: 55E6711B-8C4A-4B46-9941-D39A48771F24