Loading...
HomeMy WebLinkAboutResolution 3999 Creation of SILD No. 690 Cattail Creek Sub Phases 2 & 3 COMMISSION RESOLUTION NO. 3999 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 690 (CATTAIL CREEK SUB PHASES 2 & 3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the "Commission") ofthe 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 the Cattail Creek Subdivision Phases 2 & 3 (the "District") for the purpose of installing certain lighting fixtures and paying annual ownership, maintenance and energy costs. In April of 2004 and February 2006, lighting fixtures were installed in Phases 2 and 3, respectively. It is the intention of this district to pay ownership charges since date of installation. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install, maintain and provide energy for thirty-four (34) 175-watt metal halide light fixtures (the "Fixtures"), of which eleven (11) will be mounted at 30 feet; twenty-three (23) will mounted at 25 feet for phase 2; twenty (20) 175-watt metal halide fixtures of which six (6) will be mounted at 30 feet; six (6) will be mounted at 35 feet; eight (8) will be mounted at 25 feet for phase 3 at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") for phase 2 are as follows: $44.64, for a total of $1,517.78 per month for phase 2. The initial monthly charges per fixture per month (the "Monthly Charge") for phase 3 are as follows: $75.89, for a total of $1 ,517.78 per month. The initial Monthly Charge is based on actual cost of the Fixtures since installation. The Monthly Charge is composed of an ownership charge since installation for the Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service Commission, the rates for each component of which will be shown on the Company's Schedule No. ELDS-l. The costs of the Improvements will be payable from special assessments to be levied against property in the District. 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. 690 (Cattail Creek Subdivision Phases 2 & 3) of the City of Bozeman, Montana. - 1 - Section 3. Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A and Exhibit A-lhereto (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 Exhibits A and A-I 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 costs of the Improvements, as specified herein. The costs of the Improvements shall be assessed against the property in the District benefiting from the Improvements, based on the actual area method of assessment described in Sections 7-12-4323, M.C.A., as particularly applied and set forth in this Section 5. The annual costs of the Improvements at the initial Monthly Charge is $36,426.72 per year, 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 69.12 acres, or 3,010,874.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $527.01, or $0.012098 per square foot. Section 6. Payment of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of $36,426.72, 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 $2,500 for publication, mailing and legal review associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $36.18 per acre, or $0.000830 per square foot. Section 7. Extraordinary Repair or Replacement. The costs of the Improvements and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an additional charge to the City 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. The City is obligated under the Agreement to maintain the District for seven years. 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 - 2 - 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. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of making the Improvements may make and file with the Clerk of the Commission until 5:00 p.m., M.T., on the expiration date of said 15-day period (February 25, 2007) written protest against the proposed Improvements, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on February 26,2007, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. 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 February 11 th and February 18th, 2007, 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 AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of February 2007. ATTEST: "-. B " ", NOT/ - - - ,.,. City Clerk~:- -: :.:::: - ............_-----~.- - 3 - APPROVED AS TO FORM: ;_.-:--=,=~.~ - ~ --. ~ ,,' ." ~ - . -.' - ' - . /::::..::. / /' :-: ~~~:::-- - - ~- -- -.- --.. /: --'::-:--::-.-. ---:::',.. .- -.:. -" , -~ -~"- .....-- /".i:":"" _ . J' ....~~........,:;.. ./'-~. . . .......- - ....--' . - . - 4 - 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. 3999, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 690 (CA IT AIL CREEK SUBDIVISION PHASES 2 & 3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, 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 at a meeting on February 5, 2007, 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: Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss; voted against the same: none; abstained from voting thereon: none; or were absent: none. -- WITNESS my hand officially this 5th day of February 2007. . .. /1 . " NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 690 (CA IT AIL CREEK SUBDIVISION PHASES 2 & 3) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on February 5, 2007, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Improvement Lighting District No. 690 (the "District") for the purpose of financing the costs of installing lighting improvements (the "Improvements") to serve the Cattail Creek Subdivision Phases 2 & 3, and paying ownership charge, maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") is on file with the City Clerk which more specifically describes the nature of the Improvements, 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. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install thirty-four (34) 175-watt metal halide light fixtures (the "Fixtures"), of which eleven (11) will be mounted at 30 feet; twenty-three (23) will be mounted at 25 feet for phase 2; twenty (20) 175-watt metal halide fixtures of which six (6) will be mounted at 30 feet; six (6) will be mounted at 35 feet; eight (8) will be mounted at 25 feet for phase 3 (the "Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") for phase 2 are as follows: $37.34, for a total of $1,269.56 per month. The initial monthly charges per fixture per month (the "Monthly Charge") for phase 3 are as follows: $42.29, for a total of $845.80 per month. The Monthly Charge is composed of an ownership charge since installation for the Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service Commission. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an "area basis" annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge is $36,426.72 per year, against each lot, , or parcel and the total area of the District to be assessed is 69.12 acres, or 3,010,874.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $527.01, or $0.012098 per square foot. 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 ~~r and maintenance. The first year of special assessment billing will include an additional (!JIlount not to exceed $2,500 for publication, mailing and legal review associated with creatiQIl 'uf the District which shall be assessed in the same manner as the Improvements resulting .i-n a .cOit not to exceed $36.16 per acre, or $0.000830 per square foot. This is an estimate e-f the average.-lot as'Sessment, which is not a per unit assessment. Often within this districts, one lot contains"multiple housing units The average lot size with in this district is 15,519.00. The cost per year on thaf average will be $181.47. On Monday, February 26,2007, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and pass upon all written protests against the creation or extension of the District, or the Improvements. Written protests against the creation or extension of the District and the Improvements may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, February 26,2007. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: February 5,2007 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA Legal Ad Publication Dates: Sunday, February 11 t\ 2007 & Sunday, February 18t\ 2007 AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Brit Fontenot, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice to the owners in Special Improvement Lighting District No. 690, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Frid , February 9 2007. .~ "--- , .~ Brit Fontenot ....,. - City Clerk Subscribed and sworn to before me this 9th day of February 2007. \\\\\\\111111//// \\\\ n 1"- /1// ~,.- (,,1::/,/ ////. ~ . ~,,<' ,". v '^ ~ ~ "" . . \- ~ ~'" '.1r~ ~.Y~ialSeaiii4L.' c.~ ~, ) 'r'M' ==:1:'" .\11: ~*: oI\"r:i\L :*~ 'S .n '. ~1:J~ . ~.2 ~ ".}. . . i2: .:::- ~;;;" ''b':':::- ~'l; ..... ~-<..~ -$,' ~/~ {;:" OF ,,^O \\........v '111111/1 1111\ \I 111\\\ Pnnted name tie..... Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: j.~'" 'ZtJIO I PHA E III ~ 8LK 18 LOT 1 813 11 813 L2 813 l3 813 L4 813 L5 813 L6 8LK 12 LOT 1 CATRON STREET 9t4 L6A 815 l1A 814 11 815 L6 89 11 814 L68 815 UB ~ 0:: 814 L2 814 t6e .. 815 L7 iD 89 L2 a15 L1C :!: ::.c ~ (.) PARKWAY ~ <( '" 814 l6D 815 LID --J 814 l3 815 L8 .. .. 89 L3 d ~ d oi 814 t6[ 815 LIE oi 0 X N 814 L4 0 815 L9 89 L4 814 l6F u.. 815 llF 814 L5 814 LtQ 815 lS DOWNY LANE 8LK 12 LOT 3 8LK 12 LOT 2 BLK 12 LOT 4 KEY PLAN SANDAN PARK BRESNAN COMMUNICA TlONS AVANNAH STR 8LK 11 LOT 1 816 11 816 L2 816 L3 816 L4 B16 L5 816 L6 R,o.W. AilEY BLK 11 LOT 2 B16 112 B16 111 16 11 B16 L9 B16 L8 B16 L7 CA TKIN LANE BLK 11 LOT 3 >- ~ 8LK 17 11 817 L2 817 l3 B17 L4 8LK 11 LOT 4 BLK 17 LOT 6 BLK 17 LOT 7 8LK 11 LOT 5 BLK 10 LOT 1 BLK 10 LOT 3 InurinSIK ~MReCoH~~.~ ~ ~~ ~ ~ PHASE 1" = 150' 2 SILD JANUARY 2007 PLAN CATIAIL CREEK A c--..;" IHw~ ", 5.""" L.L.C. o v ~ o v 'l\VlIl- 1 JG3lIO ,.olll- "" .,..usllG ~ ~ '" . -' ~ co '3 ~ co ~ ~ co ~\ ~i ~t! ~\! ~~.t;' 5~ -z 4. .-I 0- I'- S~ -r (j)~ .J'\:::> '" } ~ ~ uJ {j)'O 4.~ -::r:.\I 0- ',... .. '3 ~ '5 N 1;\ ~ ~ ~ w lQ~ ~ 0.. ':, ~ 1;\ V\r- --'& g"-' (; C/l '1 ;0 ~ .J 0- W ~ ~ ~ ~ l1- =- , , l l l 5 V\ '5 , , ~ ~ g l l ~ ~ q., w 'i 5 ~ --' " " , --' i- . . .. "2. t- '4. v ~ , , ~ .. . . i- . ':; ~ ~ . , .. .. , ":0- . ") , . ~ ... . 3 ~ ~ . ~ ~ ~ i. \ ~ ~ ~~ ~ 0.. ~ co .. .., ",. ~""Y! <;: .... o' ......~: ~ -. .~ 10. ~o. -"" -<<.