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HomeMy WebLinkAboutResolution 3933 SILD No. 691 West Winds Phases 1 & 2 Intention to Create COMMISSION RESOLUTION NO. 3933 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 691 (WEST WINDS PHASES 1 & 2) 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. 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 the West Winds Subdivision, Phases 1 & 2 (the "District") for the purpose of installing certain lighting fixtures and paying annual ownership, maintenance and energy costs. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install, maintain and provide energy for nineteen (19) metal halide "shoe box" lights (the "Fixtures"), of which six (6) will be 250-watt fixtures mounted at 35 feet; thirteen (13) will be 100-watt fixtures mounted at 25 feet; at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges per Fixture per month (the "Monthly Charge") are as follows: $43.47 for the 250-watt fixtures, $31.72 for the 1 OO-watt fixtures, for a monthly total of$673.18. The initial Monthly Charge is based on price of Fixtures quoted by manufacturer as of the date hereof, which are subject to increase on 30 days notice prior to placing an order. The Monthly Charge is composed of a capital charge 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-1. 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. 691 (West Winds Subdivision Phases 1 & 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) and more particularly described on Exhibit B 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 C 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 Band C 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, - 1 - 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 ofthe costs of the Improvements, as specified herein. The costs ofthe 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 $8,078.16 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 13.85 acres, or 603,259.00 square feet, exclusive of parks and open space. The initial costs ofthe Improvements per acre shall be $583.26 or $0.0134 per square foot annually. Section 6. Payment of Assessments: Amount of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of $8,078.16, 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 $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 an additional cost, the first year not to exceed $41.80 per acre, or $0.00095 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 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 Hearino: 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 (August 14, 2006) 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 - 2- 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 August 21, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Section 10. Notice of Passaqe 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 30 and August 6, 2006, 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 24th day of July, 2006. , - ---- . ATTEST: '" ~' -~::-..~ ~ - --- --- - .~ ~"-' BRIT FONTE;Nar--. City Clerk-~/'_ - 3- I I a:\04\$Oe7l10\ftot"",I UI""tplGft.dq 7/l7/ZOlM !I:32:12P'MlIDT ~.. ~ '.~'_:_,,-__.:n .::....>>'!' i i I: , -N- ,: ~ . " ~~=:.-.I -::-...;~ --- , \ , l ! ~ *'''~Iii ~n~ ~~ ~ ...... .~ c:~ i: h ii ~ ~ ~ om................."..'i<' .-:..:1 i ::\ i ,i- i ;,:J --y--:Tl-n----,-- . i I J : I ---~ i .\ t~ I .":;..~.' : :-"": ..J.t:.': G~ HlMEng/nHflnglnc. I 1 McChesney Professiond Bldg. I J 601 NiIdes Dr.. SUIte 2 Bozeman. MT 59715 (<406) 5B6-8834 ~ FAX (406) 586-1730 .~ UIIeDr.- s..E ea-uct CXl........,...,.. CCll WEST WHl8 PI.ANlED COMMlNTY No. -- 0, .... - BOZEMAN, lIT k.I....l PHASE 1 . 2 .....MllDClEl :. "='= ~ lJQtfJ1\IG PLAH ""....... ~ L ef'ro)Kt No. 04S0I71to elJCiltt1lNG-JI'l.ANDwce DcO IMIt 2005 That portion of the NW J4 of Section 2, T2S, R5E, P.M.M., Gallatin County, Montana and more particularly described as follows: PHASE 1 A Description: Beginning at a point which is the Center of said Section 2, T2S, R5E, P.M.M., Thence, along the north-south half line, North 01047'54" East, 896.02 feet; Thence, North 88012'21" West, 833.16 feet; Thence, South 01047'39" West, 60.00 feet; Thence, North 88012'21" West, 79.16 feet to a point of curvature, concave Southeasterly; Thence, along said curve to the left, having an arc length of 110.21 feet, radius of 269.28 feet, central angle of 23026'58", and a chord bearing South 80004'10" West, 109.44 feet; Thence, South 68029'36" West, 104.90 feet to a point of curvature, concave Southwesterly; Thence, along said curve, having on arc length of 435.33 feet, radius of 1,099.69 feet, central angle of 22040'53", and a chord bearing South 09023'38" East, 432.49 feet; Thence, South 01047'39" West, 387.48 feet to a point on the east-west half line of sold section 2; Thence, along said half line, North 89042'52" East, 1,032.53 feet to the point of beginning, containing 21.719 acres. PHASE 1 B Description: Beginning at a point on the north-south half line of said Section 2, from which the Center of said Section 2, bears South 01047'54" West, 898.02 feet Thence, North 88012'21" West, 833.16 feet; Thence, North 01047'39. East, 356.80 feet to a point of curvature, concave Southeasterly; Thence, along sold curve to the right, having an arc length of 230.00 feet, radius of 230.00 feet, central angle of 28057'49", and a chord bearing North 1606'34" East, 115.03 feet; Thence, North 30045'29" East, 114.81 feet; Thence, South 5904'05. East, 137.76 feet to a point of curvature, concave Northeasterly; Thence, along said curve to the left, having on arc length of 236.58 feet, radius of 465.00 feet, central angle of 29009'00", and a chord bearing South 73048'35" East, 234.03 feet Thence, South 88023'05" East, 386.99 feet to a point on the north-south half line of said Section 2; Thence, along said north-south half line, South 01036'41" West, 34.95 feet to the center north 1/16 comer of said Section 2; Thence, continuing along the north-south half line, South 01047'54" West, 436.23 feet to the point of beginning, containing 9.419 acres. Total subdivided area is 31 .138 Acres. PHASE 2A DESCRIPTION Beginning at a point on the North-South half line of said Section 2, from which the Center of said Section 2, bears North 01047'54" East, 1,334.25 feet; Thence, North 01036'41" East, 29.95 feet to the true point of beginning; Thence, North 01036'41" East, 952.36 feet; Thence, North 89020'33" West, 45.00 feet; Thence, North 89020'33" West, 99.28 feet; Thence, North 89049'15" West, 60.00 feet; Thence, South 89043'51" West, 420.05 feet; Thence, North 86010'51" West, 60.09 feet; Thence, North 89020'33" West, 100.00 feet; Thence, South 00039'27" West, 95.91 feet; Thence, South 89043'51" West, 41.59 feet to a point of curvature, concave Northerly; Thence, along said curve to the right, having an arc length of 122.11 feet, radius of 270.00 feet, central angle of 25054'47", and a chord bearing North 7r18'46" West, 121.07 feet; Thence, South 00039'27" West, 530.74 feet to a point of curvature, concave Northwesterly; Thence, along said curye to the right, having an arc length of 47.28 feet, radius of 90.00 feet, central angle of 30006'02", and a chord bearing South 15042'28" West, 46.74 feet; Thence, South 30045'29" West, 96.61 feet; Thence, North 59014'05" West, 256.93 feet to a point of curvature, concave Southwesterly; Thence, along said curve to the left, having an arc length of 161.09 feet, radius of 300.00 feet, central angle of 30045'55", and a chord bearing North 74037'02" East, 159.16 feet; Thence, North 90000'00" West, 15.79 feet; Thence, South Or38'17" West, 45.27 feet to a point of curvature, concave Easterly; Thence, along said curve to the left, having an arc length of 516.23 feet, radius of 1 ,020.00 feet, central angle of 28059'51", and a chord bearing South 06051'39" East, 510.74 feet; Thence, South 21021'34" East. 385.81 feet; Thence, North 68027'39" East, 132.32 feet to a point of curvature, concave Southerly; Thence, along said curve to the right, having an arc length of 134.39 feet, radius of 330.00 feet, central angle of 23020'00", and a chord bearing North 80007'39" East, 133.46 feet; Thence, South 88012'21" East, 79.16 feet; Thence, North 01047'39" East, 356.80 feet to a point of curvature, concave Southeasterly; Thence, along said curve to the right, having an arc length of 116.27 feet, radius of 230.00 feet, central angle of 28057'50", and a chord bearing North 16016'34" East, 115.03 feet; Thence. North 30045'29" East, 139.81 feet; Thence, South 59014'05" East, 137.76 feet to a point of curvature, concave Northeasterly; Thence, along said curve to the left, having an arc length of 239.12 feet, radius of 470.00 feet, central angle of 29009'00", and a chord bearing South 73048'35" East, 236.55 feet; Thence South 88023'05" East, 341.99 feet; Thence South 88023'05" East, 45.00 feet to the point of beginning, containing 27.708 acres. RESERVING, SUBJECT TO AND TOGETHER WITH. all utility easements as shown on this plat, and subject to all recorded and unrecorded easements. PHASE 2B DESCRIPTION Beginning at a point on the North-South half line of said Section 2, from which the Center of said Section 2, bears North 01047'54" East, 1,334.25 feet; Thence, North 01036'41" East, 982.36 feet to the true point of beginning; Thence, North 89020'33" West, 45.00 feet; Thence, North 89020'33" West. 99.28 feet; Thence, North 89049'15" West, 60.00 feet; Thence, South 89043'51" West, 420.05 feet; Thence, North 86010'51" West, 60.09 feet; Thence, North 89020'33" West, 100.00 feet; Thence, North 00039'27" East, 72.93 feet; Thence, North 15019'52" East, 114.24 feet; Thence, North 00039'27" East, 101.16 feet; Thence, North 00039'27" East, 50.01 feet; Thence, North 89043'51" East, 761.16 feet; Thence, South 01036'41" West, 342.99 feet to the point of beginning, containing 5.999 acres.