HomeMy WebLinkAboutResolution 4281 Special Improvement Lighting District 712, Cottonwood RoadCOMMISSION RESOLUTION NO. 4281
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 712 (COTTONWOOD ROAD)
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, Part 43, as amended, a special improvement lighting district to serve Cottonwood Road from
Babcock to Fallon, (the "District") for the purpose of maintenance and energy costs. The
District will pay for maintenance and energy costs for seventeen (17) 250 watt M-250A2
Powr/Door Luminaries with Cutoff Optics (the "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") for operating and maintenance are $15.49 per 250 watt fixture, for a
monthly total of $263.33.
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. 712 (Cottonwood Road) 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
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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 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 $3,159.96 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 46.00 acres, or 2,003,760.00 square feet, exclusive of parks and open space. The
initial maintenance and energy costs of the Improvements per acre shall be $68.69 or $0,00 1577
per square foot annually.
Section 6
Pgyment of Assessments. Special assessments for the annual maintenance and energy
costs is estimated at $3,159.96, 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 $54.35 per acre,
or $0.001248 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and
assessments set forth in Section I 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. 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 (October 4, 2010) 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 October 11, 2010, at 6:00 p.m., in the Commission 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 Daily Chronicle, a newspaper of general circulation in the county on September 19
and September 26, 2010, 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 by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 13"' day of September, 20
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1, 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. 4281, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 712 (COTTONWOOD ROAD) 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 September 13, 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: v t
against the same: ; abstained from voting thereon: or were ab nt:
WITNESS my hand officially this 13" day of September, 2010.
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AFFIDAVIT OF MAILING
STATE OF MONTANA
County of Gallatin
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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. 712, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Fri -d�, September-14,--24K directed to the owners at the addresses shown on Exhibit "B".
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Subscribed and sworn to before me this ) of September, 201
(Notarial Seal)
NOTARIAL
Printed name
SEAL 4- Notary Public for the - State of Montana
Residing at Bozeman, Montana
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 712
(COTTONWOOD ROAD)
CITY OF BOZEMAN, MONTANA
NOTICE I5 HEREBY GIVEN that on September 13, 2010, 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. 712 (the "District ") for the purpose of
maintaining lighting and assessing the costs for maintenance and energy to serve the Cottonwood
Road 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 seventeen (17) 250 watt M -250A2
Powr /Door Luminaries with Cutoff Optics (the "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 ") for operating and maintenance are $15.49 per 250 watt fixture, for a
monthly total of '$263.33. 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 ` basis" annually and will be payable in equal
semiannual installments. The annual costs of the maintenance and energy costs are estimated at
$3,159.96 per year for the entire District. The total area of the District to be assessed is 46.00
acres, or 2,003,760.00 square feet, exclusive of parks and open space. The estimated costs of the
maintenance and energy per acre shall be $68.69 or $0.001577 per square foot. On an average
size lot of 7,500 square feet the annual estimated cost would be $11.83, 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 $54.35 per acre, or $0.001274 per square foot.
On Monday, October 11, 2010, at 6:00 p.m., in the Commission Room of the 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.
Written protests against the creation or extension of the District and the maintenance
and energy costs may be filed by an agent, person, farm 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, Bozeman, Montana
not later than 5:00 p.m., M.T., on Monday, October 4, 201
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: September 13, 2010
COMMISSION OF THE CITY OF
BOZEMAN, MONTANA
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Publication Dates: Sunday, September 19, 201 & Sunday, September 26, 201
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