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HomeMy WebLinkAboutResolution 4115 Intent to Create SILD No. 705, Traditions Subdivision Phases 2 & 3COMMISSION RESOLUTION N0.4115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 705 (TRADITIONS SUBDIVISION PHASES 2 & 3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED 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 Traditions Subdivision, Fhases 2 & 3 (the "District") far the purpose of maintenance and energy costs. The District will pay for maintenance and energy costs for eleven (11) 400 watt Metal Halide lights (the "Fixtures"), of which one (1) is 250-watt mounted at 35 feet; five (5) are 100-watt mounted at 25 feet; five (5) 2$-watt trail ballad lights at 100 feet, at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges per Fixture per month (the "Monthly Charge") for operating and maintenance are as follows: $20.78 per 250-watt fixture, $14.29 per 100-watt fixture; $11.14 per 28-watt fixture, for a monthly total of $147.93. 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. 705 (Traditions Subdivision Phases 2 & 3) 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). A listing of each of the properties owners 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 maintenance and energy and will be assessed for the maintenance and energy costs as described in Section 1. The maintenance and energy, 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 maintenance and energy provided. 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 -1- 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 maintenance and energy costs are estimated at $1,775.16 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 9.02 acres, or 392,911.20 square feet, exclusive of parks and open space. The initial maintenance and energy costs of the lmprovements per acre shall be $196.81 or $0.004518 per square foot annually. Section 6. Payment of Assessments. Special assessments for the annual maintenance and energy costs is estimated at $1,775.16, 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. 7"he 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 lmprovements resulting in a cost not to exceed $277.16 per acre, or $0.006363 per square 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 far 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 far 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 maintenance and energy costs may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (August 11, 2008) 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 August 1.1, 2008, at 6:00 p.m., in the Community Room of the T2_ 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 July 26 and August 2, 2008, 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 2 ] st day of July 2008. KA.AREN JACOB ON Mayor ATTEST: S AC yME -- City Clerk - f APPROVED~,S TO FORM: PAUL J. City Attf -3- 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. 4115, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 705 (TRADITIONS SUBDIVISION FHASES 2 & 3) DECLARING IT TO BE TI-IE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING AND ASSESSING THE COSTS FOR 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 of Bozeman at a meeting on July 21, 2008, 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: Cr. Becker, Cr. Rupp, Cr. Bryson, Cr. Krauss, and Mayor Jacobson; voted against the same: none; abstained from voting thereon: none; or were absent: none. WITNESS my hand officially this 21st day of July 2008. Stacy n City Clerk NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 705 (TRADITIONS SUBDIVISION PHASES 2 & 3) CITY OF BOZEMAN, MONTANA NOTICE IS I~IEREBY GIVEN that on July 21, 2008, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adapted a Resolution of Intention to Create Special Improvement Lighting District No. 705 (the "District") for the purpose of maintaining lighting and assessing the costs for maintenance and energy to serve the Traditions Subdivision Phases 2 & 3 and paying 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 maintenance and energy costs, the boundaries and the area included in the District, 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 City will maintain and pay energy costs to eleven (11) 400 watt Metal Halide lights (the "Fixtures") , ofwhich one (1) is 250-watt mounted at 35 feet; five (5) are 100-watt mounted at 25 feet; five (5) 28-watt trail ballad lights at 100 feet, at the locations shown on Exhibit A (the "Improvements"). The initial monthly charges per Fixture per month (the "Monthly Charge") far operating and maintenance are as follows: $20.78 per 250-watt fixture, $14.29per 100-watt fixture; $11.14per 28-watt fixture, far a monthly total of $147.93. The Monthly Charge is composed of an energy charge and a charge for maintenance of the lights. All properties in the District will be assessed for their proportionate share of the maintenance and energy costs on an "area basis" annually and will be payable in equal semiannual installments. The annual costs of the maintenance and energy costs are estimated at $1,775.16 per year for the entire District. The total area of the District to be assessed is 9.02 acres, or 392,911.20 square feet, exclusive of parks and open space. The estimated costs of the maintenance and energy per acre shall be $196.81 or $0.004518 per square foot. On an average size lot of 7,500 square feet the annual estimated cost would be $33.89, which is payable semiannually. The annual assessments for maintenance and energy costs may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. 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 assess in the same manner as the Improvements resulting in a cost not to exceed $277.17 per acre, or $0.006363 per square foot. On Monday, August 11, 2008, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and pass upon all written protests against the creation or extension of the District, or the Improvements. Written protests against the creation or extension of the District and the maintenance anal energy costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.rn., M.T., on Monday, August 1.1, 2008. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: July 21, 200$ BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA Stacy en City Clerk Legal Ad Publication Dates: Saturday, July 26, 2008 & Saturday, August 2, 2008 AFFIDAVIT OF MAILING STATE OF MONTANA County of Gallatin ss Stacy Ulmen, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in Re to the owners in Special Improvement Lighting District No. 705, as listed in Exhibit "B," in the U.S. Post Office at Bozeman, Montana, on Friday, July 25, 2008, directed to the owners at the addresses shown on Exhibit "B." Stacy U en City Clerk Subscribed and sworn to before me this 2S`" day of July 2008. ``~\~~~~~`~~R ,B 1 rEN~~,,, ~. ~. ~ .F~. -z'. ~..._ ~ .rn N'~ SJ~,:4~~ .~~~~~y~ OF.~G~,`Q,,\~.`. ~~~iiri~ i ~ aa~~~~~~`~ ~~?itv Residing at Bozeman, Montana My Commission expires: ~~(~ EXH/B/T L/GHT/NG L OCA T/ONS TRADITIONS SUBDIVISION LOCATED /N THEN f/2 OF SEC. 2, T. f S., R. 4 E. OF P.M.M., GALLATIN COUNTY, MONTANA West Oak Street ~~ --, III ~ Lcr . & ': d q ~-+1 8~...~C}'~. ~. M / PROPDSED TRAIL ~~ . Flanders Wa j T ~ ~-='I a I Lo BrL..UCrK 5 _. . ' I : . I(li J 'A__. N I ` '~.;~. `vaeY'a~i~ Sh¢yv~nnd Way l fM. PONO LL`I 5 LOT 27 ~ LDT ~1 _ ~%• PDI~ LDT 21 LOT 2 p YI _r' Scale In Feet } PROPOSED 7~L' Ln n '~ : LOT 2D LOT 3 ~" 1 `i0 0 150 , q^+.~ ' ,. --- 45 D 45 t y LoT 1s Lar a - ~ n~EN ~' ^ ~ ~ ~' !` ~i r' r Scale In Met¢rs ~ ~ ~ LoT tB , LOT s ~ ,:. ~.~ I T s --- ,: d LDr ~r ~.'~ior s ' I I ~ 1,~ ~ (~ , _', ~ Lor 1s Q~~oT 7 I 6 p 1 ~ s g LD7 t5 m LOT B ~ r ~ m ..... . . _ ................ ~~~~~ LDT 14 LOT 9 ~ ._ _ w . ., lOT 1S LOT 10 • 5 ~ _ j ~ I ~ •~ O ~ I I , LOT ,2 '- Y7 ;' V lOT t, - Pg , ~,,, ~ Annie S !? ~" fir. t L.,. ~ Lcl 'a r. ~=.- -~ I rtT A p, ~~•,~ ... ~~ ~ I I ~T 7R ~ !I Ire ~ _ _. _. PftOPDSfA 1 ~LU' liH._ M ~ 7RNL! ~,... . L~ i'. 'I LEGEND vdr~as: -------... TPADITIONS SuBDIVISIDN PHASE 2 & 3 • CAPSTON( BUllplfs, INC 250 WATT, 35' LIGHT POLE 65 CENTRAL, S111tE f-I BOZEA4W, MONTANA 5871E p 100 WATT, 2.5' LIGHT POLE ly WATf MAIL BOLIAND UGHT u~; ONE LIGFffINC pl$TRIGT CON$I$TING OP iRpgTIONS SUBDNMSIOrv PH45E5 2 AND 7 , TFAprtIONS PHASE I WILL BE P SEPARATE DGTIIING DISTRICT ESTAgl15HEp 9v (TIMER ,41dY1t~0:.AL.,.UG,tS~; TOTAL Of ONC (i) Z50 WATT, 25' DGHT POLC TOTy,. Q< EN7 15J 1p0 WATT, R5' LIGIrt POLES TtliAL OF f[N itl) Ztl WATT, TRAIL BOLLARp LIGHTS 5h.eel 1 of 7 7s~n 156100 505,249.00 ROSA ANNEXATION TRACT B Rosa Construction 125 Central Ste 1A Bozeman MT 59718 COS 2389 39.836 ACRES WAS ROSA SUBQIVISION -NOW TRAE}ITIONS PH 1-3