HomeMy WebLinkAboutResolution 4275 Special Improvement Lighting District 710, J & D Family SubdivisionCOMMISSION RESOLUTION NO. 4275
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 710 (J & D FAMILY SUBDIVISION)
DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR ASSESSING THE
COSTS FOR 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 I
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, Pail 43, as amended, a special improvement lighting district to
serve the J & D Family Subdivision, (the "District") fbr the purpose of maintenance and energy
costs. The District will pay for maintenance and energy costs for forty-four (44) total of which
thirty-eight will be 100 watt Gull wing Luminaries lights (the "Fixtures") mounted at 25 feet, the
remaining six are 250 watt mounted at 35 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: $9.65 per 100 watt fixture, $15.49 per 250 watt
fixture, for a monthly total of $301.68.
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. 710 (J & D Family Subdivision) of the City of
Bozcnian, 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 I. The maintenance and energy, in the
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opinion of this Conunission, 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 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 $3,095.68 per year, and shall be assessed against
cacti lot, tract or parcel of land in the District for that paid 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 25.00 acres, or
1,089,000.00 square feet, exclusive of parks and open space. The initial maintenance and energy
costs of the Improvements per acre shall be $123.83 or $0,002843 per square foot annually.
Section. 6
Payment of Assessments
Special assessments for the annual maintenance and energy costs is estimated at $3,095.68, 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 assess in the same manner as the
Improvements resulting in a cost not to exceed $1.00.00 per acre, or $0.002296 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 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 tern 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 Comunission 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
of -
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 fi °om 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 ('September 6,
20 10) 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 September 13, 2010,
at 6:00 p.m., in the Conunission Room at City Hall, 121 N Rouse Ave, 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 Duzlr Chronicle, a newspaper of general
circulation in the county on August 22 and August 29, 2010, in the form and manner prescribed
by law, and to snail 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 East 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 by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 16 "' day of August, 2010.
13 0
EST:
✓'ST�I'P `CIVIC
JE K US
Mayo
APPROVED AS TO FORM:
GlEtli NULLIVAN
City ttorney
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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. 4275, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 710 (1 & D FAMILY SUBDIVISION) DECLARING IT TO BE THE
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 August 16, 2010, 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 16' day of August 2010. .
rm go,
" acv lme CAI City C�a`
!N
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 710
(J & D FAMILY SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 16, 2010, the City Commission (the
" CommissioW') of the City of Bozeman, Montana (the "City") adopted a Resolution of Intention
to Create Special Improvement Lighting District No. 710 (the ``District ") for the purpose of
maintaining lighting and assessing the costs for maintenance and energy to serve the J & D
Family Subdivision 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 forty -four (44) total Gullwing
Luminaires (the "Fixtures") , of which thirty - eight (38) are 100 watt mounted at 25 feet, six (6)
are 250 watt mounted at 35 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; 9.65 per 100 watt fixture, $15.49 per 250 watt fixture, for a monthly
total of $301.68. 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
$3,095.68 per year for the entire District. The total area of the District to be assessed is 25.00
acres, or 1,089,000.00 square feet, exclusive of parks and open space. The estimated costs of the
maintenance and energy per acre shall be $3,095.68 or $0.002843 per square foot. On an
average size lot of 7,500 square feet the annual estimated cost would be $21.32, 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 $100.00 per acre, or $0.002296 per square foot.
On Monday, August 16, 2010, at 6 p.m., in the City Hall Connxrission room City of
Bozeman, 121 N Rouse Ave, 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.
Es]
Written protests against the creation or extension of the District and the maintenance
and energy costs naay 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 City Hall, 121 'N Rouse Ave, Suite 102, Bozeman,
Montana not later than 5:00 p.m., M.T., on Tuesday, September 6, 2010.
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) 682 - 2320.
Dated: August 16, 2010
BY ORDER OF THE CITY
COMMISSION OF THE CITY OF
BOZEMAN, MONTANA
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City C k
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Publication Dates: Sunday, August 22, 2010 & Sunday, August 29, 2010
E,El!
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. 710, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, August 2.0, 2010, directed to the owners at the addresses shown on Exhibit "B"
St cy° ine , CM .
Ci y ler
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Subscribed and sworn to before me this 0 `day ofAmug st, 2010,
ht J,
(Notarial Seal)'* l
°' 1tiI 4 ti
Prired name
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires:
AMIEE KISSEL
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