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HomeMy WebLinkAboutResolution 3550 Intent to create SILD 672 - Cattial Creek, Phase I ---. -.---------.- -.---..----.-..-..--..- COMMISSION RESOLUTION NO. 3550 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 672 (CA TT AIL CREEK, PHASE I) 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, RENTAL, 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 lighting district to serve the Cattail Creek Subdivision, Phase I (the "District") for the purpose of installing certain lighting fixtures and paying annual rental, 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 thirty-five (35) 175 watt metal halide Kim archetype fixtures (the "Fixtures"), of which twenty-one (21) will be mounted at 30 feet on round steel poles and fourteen (14) will be mounted at 25 feet on round steel poles at the locations shown on Exhibit A (the "Improvements") at an initial monthly charge of $29.70 per fixture per month (the "Monthly Charge") for a total of $1,039.50 per month. 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 rental 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 Lighting District No. 672 (Cattail Creek, Phase I) 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 B hereto (which is hereby incorporated herein and made a part hereof) and more particularly described on Exhibit C 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 D hereto (which is hereby incorporated herein and made a part hereof). Section 4. Benefitted Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibits B, C and D are hereby declared to be the special lighting district and the territory which will benefit and be benefitted 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 benefitted by the Improvements. _...._ n.. _ __._._ .--.- .-.-- .--.---.---.--.---.-.---- Section 5. Assessment Methods. 5.1 ProDerty To Be Assessed. 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. 5.2 Actual Area. All properties in the District will be assessed for their proportionate share of the costs of the Improvements. The annual costs of the Improvements at the initial Monthly Charge is $12,474.00 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 1,773,012.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per square foot shall be $0.007035. Section 6. Pavment of Assessments. Special assessments for the annual costs of the Improvements in the initial amount of $12,474.00, 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. Section 7. Extraordinarv ReDairor Replacement. The costs of the Improvements and assessments set forth in Section 1 and 5.2 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 a special improvement lighting 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 Hearinq: 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 (October 25,2002) 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 Monday, the 28th day of October 2002, at 7:00 p.m., in the Commission Room at City Hall in Bozeman, Montana. Section 10. Notice of Passaqe of Resolution of Intention. The Clerk of the Commission is hereby authorized and directed to publish or cause to be published a copy of a notice of the - 2 - passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on October 10 through 14, 2002, 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 7th day October 2002. ATTEST: SfEd~R~~" ~X~ R IN L. SULLIVAN Clerk of the Commission - 3 - ---..---.... ..---- ..-.... . -. .-- -- --..--.. - __ .n __ u.____u__._.____ NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL LIGHTING DISTRICT NO. 672 (CATTAIL CREEK SUBDIVISION, PHASE I) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on October 7,2002, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Lighting District No. 672 (the "District") forthe purpose offinancing the costs of installing lighting improvements (the "Improvements") to serve the Cattail Creek Subdivision, Phase I, and paying annual rental, maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") is on file with the Clerk of the Commission 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 is available at the office of the Clerk of the Commission. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"), the Company will install thirty-five (35) 175 watt metal halide Kim archetype fixtures (the "Fixtures"), of which twenty-one (21) will be mounted at 30 feet on round steel poles and fourteen (14) will be mounted at 25 feet on round steel poles (the "Improvements") at an initial monthly charge of $29.70 per fixture per month (the "Monthly Charge") for a total of $1,039.50 per month. The Monthly Charge is composed of a rental 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. All properties in the District will be assessed for their proportionate share of the costs of the Improvements which will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge is $12,474.00 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 1,773,012.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per square foot shall be $0.007035. 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 of repair and maintenance. On Monday, October 28, 2002, at 7:00 p.m., in the Commission Room at City Hall in 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 Clerk of the Commission at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Friday, October 25, 2002. Further information regarding the proposed District or other matters in respect thereof may be obtained from the Clerk of the Commission at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: October 8,2002. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ~~d::~ Clerk of the Commission Legal Ad Publication Dates: October 10 through October 14, 2002) ------ - - - ----------- NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL LIGHTING DISTRICT NO. 672 (CATTAIL CREEK SUBDIVISION, PHASE I) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on October 7, 2002, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special Lighting District No. 672 (the "District") for the purpose of financing the costs of installing lighting improvements (the "Improvements") to serve the Cattail Creek Subdivision, Phase I, and paying annual rental, maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") is on file with the Clerk of the Commission 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-five (35) 175 watt metal halide Kim archetype fixtures (the "Fixtures"), of which twenty-one (21) will be mounted at 30 feet on round steel poles and fourteen (14) will be mounted at 25 feet on round steel poles (the "Improvements") at an initial monthly charge of $29.70 per fixture per month (the "Monthly Charge") for a total of $1,039.50 per month. The Monthly Charge is composed of a rental 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. All properties in the District will be assessed for their proportionate share of the costs of the Improvements which will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge is $12,474.00 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 1,773,012.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per square foot shall be $0.007035. 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 of repair and maintenance. On Monday, October 28, 2002, at 7:00 p.m., in the Commission Room at City Hall in 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 Clerk of the Commission at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Friday, October 25, 2002. 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I r I , ,. il I I ,~. ~ ~ "I , I II " " ~ "I I "" CD " I! " ", - 'I - ~ - ! 2 ,. --' ! !~;' ~ I ---, .1 ii!;, !_.---1" ~ -.---.---.... J~ F1J 1 J% 00 PIp[" :; .DOWN iN' ROAD I T HOOTH 1 IS. COR_ S(c. 3-:5- m'5 -GOONER REC-ORtI NO. ~ - 19:0 T~T I. CO.s. lQsD -\ 65' ACCfSS ..t 'Uft..HY EASE~Nt ftI 2~ EY'-"'P ~ ~ (17'9 :['S) :nO(;J' we l DOC. f?03.52~ -suB. llG- EXHIBIT "B" NB9'4--4'2SE jl"ilj4, (1 (}96. 4 J< S[TW((N r.A'J;NU~nHS) N89"4<'2SE ,1'525.91' lQT',~ , ". EXHIBiJ OF JHE ! 1 j !Bl>OilZ Z , : "' BLOCK 13 0 FO yp.;; {GA.';[Ok} PLAT OF CATTAil CREEK SU SOIVISION, PHASE 1 m w BLOCK <th" -wEST OF ~ PR<<'{fU)' UHE 1<.'1 AMENDED PLJd OF ~'NOR <;UBDIVISON NO 1458 OPEN 1,()t<1~GjR-:> ~ :1-0~WG w SPACE A j i ~ 2 " LEGEND A PARCEL OF LAND BEINC LOT 8 Of MINOR S\)50~.'ISION NO. j 4:.B uss N:, a ~91 AC b j.ns A( r.- tW,I.{; n 0 1.J8S'A.t. ~I LOCATED IN THE N'N '/4, SECTION 35, T15, R5E, P,M.M., z :> \{_O STREET ~ OESCRWI10N CITY OF aDZ EMAN, GALL.AfIN COUNTY, MONT AN~ 1,ON1\'IG 'LON1~G I - SUR\o"E'Y OOU.r.fDARY /'ST:R(O Ut'll-E JOT A.l ,AREA 50.650 ACRES 37~.92' . (' 60.00. - E XL'S rING EASE~Of'- EXHIBIT "e" DESCRIPTION A parcel of land being Lot B of Minor Subdivision No. 1458, said parcel being located in the Northwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as follows: Beginning at the southeast corner of said Northwest Quarter of Section 35, said corner being marked by 0 found 2" brass cap; thence South 89'41 '58" West, along the south line of Lot 2A of Minor Subdivision No. 145A, a distance of 1126.15 feet; Thence in generally northwesterly and northerly directions through the following 10 courses: North 30"22' 19" West. 483,25 feet; North 59'37' 41" East, 87.35 feet; North 30"22' 19" West, 65.00 feet; South 59'37'41" West, 87.36 feet; North 30'22'19" West, 236,99 feet; North 00'13'52" East, 893.36 feet; South 89' 46'08" East, 58.43 feet; North 00" 13' 52" East, 60.00 feet; North 89'46'08" West, 58.43 feet; North 00'13'52" East, 194.08 feet to a point on the south Ii ne of Tract 1 of Certificate of Survey No. 2050; thence North 89'44'23" East, along ~aid south line, a distance of 1525.91 feet to a point on the east line of said Northwest Quarter of Section 35; thence South 00'13'52" West, along said east line, a distance of 1825.94 feet to the Point of Beginning. The described parcel is as shown on the accompanying plot. The described parcel is along with and subject to any existing easements and contains 60.650 acres, more or less. EXHIBIT "0" LISTING OF PROPERTIES WITHIN DISTRICT WITH ESTIMATED ASSESSMENTS CATTAIL CREEK SUBDIVISION, PHASE I Name Address Legal Description Acreage Estimated Assess Tom Deyo Construction 8640 Lookfar Way, Bozeman 59715 Lot 1, Block 1 0.791 $242.40 Tom Deyo Construction 8640 Lookfar Way, Bozeman 59715 Lot 1, Block 2 1.225 $375.39 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 2, Block 2 1.389 $425.65 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 1, Block 3 1.410 $432.09 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 1, Block 4 2.817 $863.25 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 2, Block 4 2.385 $730.87 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 3, Block 4 2.390 $732.40 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 4, Block 4 1.946 $596.34 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 5, Block 4 1.322 $405.12 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 1, Block 5 1.713 $524.94 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 2, Block 5 1.097 $336.17 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 3, Block 5 1.073 $328.82 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 4, Block 5 1.638 $501.96 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 5, Block 5 1.626 $498.28 Jeff and Kelly Schlauch 209 Explorer Trail, Bozeman 59718 Lot 1, Block 6 0.621 $190.30 Montana Homecrafter, Inc. P.O. Box 4776, Bozeman 59772 Lot 2, Block 6 0.453 $138.82 Schlauch Bottcher Constr., Inc. 2010 Gilkerson, Bozeman 59715 Lot 3, Block 6 0.442 $135.45 Morgan Homes, Inc. 9752 Cougar Dive, Bozeman 59718 Lot 4, Block 6 0.442 $135.45 Morgan Homes, Inc. 9752 Cougar Drive, Bozeman 59718 Lot 5, Block 6 0.471 $144.34 Jerry Locati 402 West Main Street, Bozeman 59715 Lot 6, Block 6 0.442 $135.45 Jerry Locati 402 West Main Street, Bozeman 59715 Lot 7, Block 6 0.442 $135.45 Schlauch Bottcher Constr., Inc. 2010 Gilkerson, Bozeman 59715 Lot 8, Block 6 0.523 $160.27 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 1, Block 7 1.788 $547.92 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 2, Block 7 1.788 $547.92 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 3, Block 7 1.766 $541 .18 Schroeder Homes, Inc. 350 High K Street, Belgrade 59714 Lot 4, Block 7 0.633 $193.98 Schroeder Homes, Inc. 350 High K Street, Belgrade 59714 Lot 5, Block 7 0.510 $156.29 Schroeder Homes, Inc. P.O. Box 3586, Bozeman 59771 Lot 6, Block 7 0.502 $153.84 Schroeder Homes, Inc. P.O. Box 3586, Bozeman 59771 Lot 7, Block 7 0.535 $163.95 Schroeder Homes, Inc. P.O. Box 3586, Bozeman 59771 Lot 8, Block 7 0.537 $164.56 Schroeder Homes, Inc. P.O. Box 3586, Bozeman 59771 Lot 9, Block 7 0.504 $154.45 Schroeder Homes, Inc. 350 High K Street, Belgrade 59714 Lot 10, Block 7 0.503 $154.14 Schroeder Homes, Inc. 350 High K Street, Belgrade 59714 Lot 11, Block 7 0.536 $164.25 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 1, Block 8 1.101 $337.40 SAN DAN , LLC P.O. Box 1234, Bozeman, 59771 Lot 2, Block 8 1.083 $331.88 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 3, Block 8 1.062 $325.44 SANDAN, LLC P.O. Box 1234, Bozeman, 59771 Lot 4, Block 8 1.200 $367.73 40.706 $12,474.13 1 ,773,1 53.36 IN RE RESOLUTION OF INTENTION ) AFFIDAVIT OF MAILING TO CREATE SPECIAL LIGHTING ) DISTRICT NO. 672 ) --------------------------------------------------------------------- STATE OF MONTANA ) : ss County of Gallatin ) Robin L. Sullivan, being first duly sworn, says: That I deposited a copy of the NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL LIGHTING DISTRICT NO. 672, in the U.S. Post Office at Bozeman, Montana, on Wednesday, October 9, 2002, directed to the owners at the addresses shown on Exhibit "0" to said Notice. C)~./ 2~ ROBIN L. SULLIVAN Clerk of the Commission Subscribed and sworn to before me this 9th day of October 2002. (Notarial Seal) ~ Printed name.Pq'1 ilt A '.11.) ',ileu' Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: & '/..5 -..{ O() :J