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HomeMy WebLinkAboutResolutions 2026-59 - SPECIAL IMPROVEMENT LIGHTING DISTRICT 799 (ANNIE SUB PH II LOT 5C-1 AND OS A-1)Resolution 2026-29 of Intent to Create Lighting District 799 RESOLUTION 2026-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT 799 (ANNIE SUB PH II LOT 5C-1 AND OS A-1) 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 ANNIE SUB PH II LOT 5C-1 AND OS A-1 (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for: two (2) 120-watt Signify Roadway Road Focus Cobrahead medium Luminaire on a Tapered Upsweep 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: $9.70 per 120-watt LED fixture for an estimated total annual cost of $232.80. 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 799 (ANNIE SUB PH II LOT 5C-1 AND OS A- 1) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Resolution 2026-29 of Intent to Create Lighting District 799 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 $232.80, 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 2.3231 acres, or 101,194.24 square feet, exclusive of parks and open space. The initial costs per acre shall be $100.21 or $0.002301 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $232.80, 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 mAnnier as the improvements resulting in a cost not to exceed $315.44 per acre, or $0.007242 per square Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Resolution 2026-29 of Intent to Create Lighting District 799 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 Clerk at City Hall, 121 N Rouse Ave, Bozeman, MT not later than 5:00 p.m. on Monday, August 10, 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, August 18, 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. Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Resolution 2026-29 of Intent to Create Lighting District 799 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 25, 2026 and August 01, 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 July 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Resolution 2026-29 of Intent to Create Lighting District 799 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 2026-XX, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT 799 (ANNIE SUB PH II LOT 5C-1 AND OS A-1) 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 July 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: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 21st day of July 2026. ___________________________________ MIKE MAAS City Clerk Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Morrison, Fischer, Madgic, Bode, Sweeney none none none Resolution of Intent to Create Lighting District 799 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT 799 (ANNIE SUB PH II LOT 5C-1 AND OS A-1) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on July 21, 2026, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention 2026-29 to create Special Improvement Lighting District 799 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to ANNIE SUB PH II LOT 5C-1 AND OS A-1, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) 2026-29 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.bozemanmt.gov. The district will pay the maintenance and energy costs for: two (2) 120-watt Signify Roadway Road Focus Cobrahead medium Luminaire on a Tapered Upsweep 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: $9.70 per 120-watt LED fixture for an estimated total annual cost of $232.80. The total area of the District to be assessed is 2.3231 acres, 101,194.24 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $232.80. 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 $315.44 per acre, or $0.007242 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 August 10, 2026. Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Resolution of Intent to Create Lighting District 799 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 18, 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 July 2026. MIKE MAAS City Clerk City of Bozeman Legal Ad Publication Dates: Saturday, July 25, 2026 Saturday, August 1, 2026 Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Resolution of Intent to Create Lighting District 799 RESOLUTION 2026-29 Resolution of Intent to create Special Improvement Lighting District 799 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to ANNIE SUB PH II LOT 5C-1 AND OS A-1 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 799, as listed in Exhibit "B", on Friday, July 24, 2026, directed to the owners at the addresses shown on Exhibit "B". ______________________________ MIKE MAAS City Clerk Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70 Lot Address Sq Ft Owner Owner Address City State Zip 5C-1 1625 N 25th Ave 101194 Bozeman Aparment Holdings LLC 5635 NE River Rd Sau Rapids MN 56379 101,194.00 Total Lot Square Footage 2.32 Total Lot Acreage Annie Sub Ph II Lot 5C-1 and OS A-1 Bozeman Apartment Holdings LLC Annie Sub Ph II Lot 5C-1 and OS A-1 Docusign Envelope ID: DA2C99A7-E671-8116-81A5-37E809CBCB70