HomeMy WebLinkAboutResolution 3463 Intent to create SID 671
RESOLUTION NO. 3463
RESOLUTION RELATING TO LIGHTING DISTRICT NO. 671
(FERGUSON MEADOWS SUBDIVISION); DECLARING IT
TO BE THE INTENTION OF THE CITY COMMISSION TO
CREATE THE DISTRICT FOR THE PURPOSE OF
INST ALLING AND MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR
INST ALLA nON, MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF
SPECIAL ASSESSMENT
BE IT RESOLVED by the City Commission of the City of Bozeman (the "City"),
Montana, as follows:
Section 1.
Proposed Improvements: Intention to Create District. Pursuant to an
agreement (the "Agreement") with the Montana Power Company (the "Company"), the
City
proposes to undertake certain street lighting improvements to serve the Ferguson
Meadows
Subdivision. Pursuant to the Agreement, the Company will install thirty-seven (37)
250 watt
HPSV shoebox fixtures and three (3) 250 watt HPSV cutoff cobra head fixtures (the
"Fixtures")
on fiberglass poles and round fiberglass poles, respectively, mounted at 24 feet
at the locations
shown on Exhibit A (the "Improvements").
Pursuant to the Agreement, the Company will install, maintain, operate and supply
electric energy to the Improvements for the specified charge of $19.31 per fixture
per month for
a total of $772.40 per month, which costs the Company has guaranteed for a period
of five (5)
years. 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
(the
"District") for the purpose of paying the costs of installing, maintaining and
supplying energy to
the Improvements. The costs to be payable from special assessments to be levied
against
property in the District, which property will be specially benefitted by the Improvements.
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. 671
(Ferguson
Meadows Subdivision) 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.
Benefitted Property. The District and territory included within the limits
and boundaries described in Section 3 and as shown on Exhibits A, Band C 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.
Section 5.
Assessment Methods.
5.1
Property 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 installing and maintaining the Improvements. The total estimated
annual
costs of installing and maintaining the Improvements is $9,268.80, plus any adjustments
in
electrical current costs, and shall be assessed against each lot, tract or parcel
ofland 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 224,209 square feet.
5.3
Payment of Assessments. Special assessments for the annual costs of installing
and maintaining the Improvements in the amount of$9,268.80, plus any adjustments,
shall be
levied each year against all properties in the District and shall be payable in
equal semiannual
installments.
Section 6.
Additional Annual Maintenance. The costs 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 oflabor 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 in accordance with 7-12-4323.
Section 7.
Discontinuation of District. If at any time after the creation of a special
improvement lighting district a petition is presented to the 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 Commission votes
to discontinue a
special improvement lighting district, the 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 8.
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 ofreal property within the District subject to assessment and taxation
for the cost and
2
--
..-----
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 IS-day period (August 23, 2001) written protest
against the proposed Improvements, or against the extension or creation of the District or both,
and this Commission wiIl 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 wiIl be held on Monday the 27th day of August,
2001, at 7:00 p.m., in the Commission Room at City Hall in Bozeman, Montana.
Section 9.
Notice of Passage of Resolution ofIntention. The Clerk of the
Commission 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 August 8 through August 12,2001, 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,
this 6th day of August, 2001.
Ma~~~
Attest:
@J~
Clerk of the Commission
Approved as to Form:
3
--- -- -
- ----------- --------
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL LIGHTING DISTRlCT NO. 671
CITY OF BOZEMAN, MONT ANA
NOTICE IS HEREBY GIVEN that on August 6, 2001, the City Commission of the City
of Bozeman, Montana (the "City"), adopted a Resolution ofIntention to Create Special
Lighting
District No. 671 (the "District") for the purpose of financing the costs of installing
and
maintaining lighting improvements (the "Improvements") and paying costs incidental
thereto,
including costs associated with installation, maintenance and energy therefore
to benefitted
property by the levy of special assessment, and the creation and administration
of the District.
A complete copy of the Resolution ofIntention (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 map of the proposed District
accompanies
this notice.
Pursuant to an agreement (the "Agreement") with the Montana Power Company (the
"Company"), the City proposes to undertake certain street lighting improvements
to serve the
Ferguson Meadows Subdivision. The Improvements consist of the installation of thirty-seven
(37) 250 watt HPSV shoebox fixtures and three (3) 250 watt HPSV cutoff cobra head
fixtures on
fiberglass poles and round fiberglass poles, respectively, mounted at 24 feet.
Pursuant to the
Agreement, the Company will install, maintain, operate and supply electric energy
to the
Improvements for the specified charge of $19.31 per fixture per month for a total
of $772.40 per
month, which costs the Company has guaranteed for a period of five (5) years.
All properties in the District will be assessed for their proportionate share of
the costs of
installing and maintaining the Improvements. The total estimated annual costs of
installing and
maintaining the Improvements is $9,268.80, plus any adjustments in electrical current
costs, and
shall be assessed against each lot, tract or parcel ofland 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 224,209 square feet. Special assessments for the annual costs of installing
and
maintaining the Improvements in the amount of $9,268.80, plus any adjustments,
shall be levied
each year against all properties in the District and shall be payable in equal
semiannual
installments.
The costs and assessments set forth above 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 in accordance with
7-12-4323,
M.C.A.
On Monday, August 27, 2001, 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 making ofImprovements
that may
be filed in the period hereinafter described.
Written protests against the creation or extension of the District and the making
of 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, August
24, 2001.
Further information regarding the proposed District or the Bonds 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: August 6, 2001.
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONT ANA
@cY~
Clerk of the Commission
(publication Dates: August 8 through August 12,2001)
2
------
-- -.---.-
- ---
REVISED NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL LIGHTING DISTRICT NO. 671
CITY OF BOZEMAN, MONT ANA
NOTICE IS HEREBY GIVEN that on August 6,2001, the City Commission of the City
of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create Special
Lighting
District No. 671 (the "District") for the purpose of financing the costs of installing
and
maintaining lighting improvements (the "Improvements") and paying costs incidental
thereto,
including costs associated with installation, maintenance and energy therefore
to benefitted
property by the levy of special assessment, and the creation and administration
of the District.
A complete copy of the Resolution ofIntention (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 map of the proposed District
accompanies
this notice.
Pursuant to an agreement (the "Agreement") with the Montana Power Company (the
"Company"), the City proposes to undertake certain street lighting improvements
to serve the
Ferguson Meadows Subdivision. The Improvements consist of the installation of thirty-seven
(37) 250 watt HPSV shoebox fixtures and three (3) 250 watt HPSV cutoff cobra head
fixtures on
fiberglass poles and round fiberglass poles, respectively, mounted at 24 feet.
Pursuant to the
Agreement, the Company will install, maintain, operate and supply electric energy
to the
Improvements for the specified charge of $19.31 per fixture per month for a total
of $772.40 per
month, which costs the Company has guaranteed for a period of five (5) years.
All properties in the District will be assessed for their proportionate share of the costs of
installing and maintaining the Improvements. The total estimated annual costs of
installing and
maintaining the Improvements is $9,268.80, plus any adjustments in electrical current
costs, 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 221,209 square feet. 991,861.20 square feet, exclusive of parks and
open space.
Special assessments for the annual costs of installing and maintaining the Improvements
in the
amount of$9,268.80, plus any adjustments, shall be levied each year against all
properties in the
District and shall be payable in equal semiannual installments.
The costs and assessments set forth above 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 in accordance with
7-12-4323,
M.C.A.
--------.
On Monday, August 27,2001, 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 making of Improvements
that may
be filed in the period hereinafter described.
Written protests against the creation or extension of the District and the making
of the
Improvements may be filed by an agent, person, finn 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, August
24, 2001.
Further infonnation regarding the proposed District or the Bonds 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: August 6, 2001.
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONT ANA
@:X~
Clerk of the Commission
(Publication Dates: August 8 through August 12, 2001)
2
-------
DURSTON ROAD
-" -. - -. -. -, -" - ,-" -" -" -" -, -, -. -" ~._" -" -. -" -" -. -" ~. ~"_. -.-"
-" -" -" -. -. -" -, -, -.-
.,-
.c.(
PAR"
PAAK
PARK
..
f-
Z
OPEN SPACE
,
.
,
CD
t
,
....,- I
I
I
I X
l.d
,
I
.
I
i
,
.
.
.
~ IIlOCKA
IIlO
.
B
.
I
.
!LOCK C
I
--._. -
-.,
I
.
.
I
~-'_.
-~..
--
,
.
,
,
...--
,
.
I
.
"-"
I
.
I
OPEN SPACE
" I
i I
I I I
I
-
~
:.. ,:)
I
I "
I
~ ,,~ "
,
I '"
I "~
.--'-
.-
~. ~
~ i
-Ait"iC
--.
C ~
"
i
j I
'c
-
"~
..
.
- - I
i .
~I I ~
I ~ ~~. .'< ", "
.- - - -
-
1
-a
.
i
I J~ -. AJ I '
- -- - -
.
-1iiIi
__ ~ I -----
-
=-
-
.----.-
- ..
,
A -
1- - - ,
---'-- - "II
I
Ris r
!
- -
)Po -
= .
", ::: I
;c
:i
I'
.c
I
,
~
,-
T~
I
DURSTON ROAD
-'-'-'-----'-'-'-'-'-'-'-'-'-----'-'-'-'-,-,-,-,----,-,-'_'_,_,_~~,_._'_.--'-
PARK
PARK
PARK <t
Z
OPEN SPACE
I
I f-
II
CD
t
I
-
I
2 .
2 X
2
W
3 .
3
'"
3
u
~
. .
.
'"
z
EI.OCK A
'"
11..0 ::ICB
"-
.
0
If
5
5
ILOCK C
5
. .
.
.
7 .
7
7
.
17 .
.
. .
.
.. --..-.---
____.._.__~.__ no_ .____ .____ _..__.__._..._ - ..-
. _n .. _____,_ .__ ___
Exhibit B
Legal Description of Plat of Ferguson Meadows Subdivision
That Tract of land shown on cas 1610, located in the Northeast One-Quarter of Section
10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana, being more particularly described as follows:
Beginning at the Center One-Quarter Corner of said Section 10; thence N 00'28'12"
E a
distance of 2665.79 feet to the North One-Quarter Corner of said Section 10; thence
South 89'59'56" East, on the north line of the Northeast One-Quarter of said Section
10,
a distance of 630.44 feet to the northeast corner of said CDS; thence on the easterly
line of said cas through the following three courses: South 00'28'43" W a distance
of
2264.82 feet N 89'59'24" W a distance of 84.71 feet S 00'28' 12" W a distance of
402.16 feet to the southeast corner of said cas; thence N 89'52'29" W, on the south
line of the Northeast One-Quarter of said Section 10, a distance of 545.39 feet
to the
Point of Beginning.
EXHIBIT "C"
COMMISSION RESOLUTION NO. 3463
Intent to create SILD No. 671 ~ lighting district for Ferguson Meadows Subdivision
Godfrey O'Rear and Doris O'Rear
Lot 1, Block A
111 East Granite #2
Bozeman, Montana 59718
Mahar Montana Homes LLC
Lot 2, Block A
1627 West Main Street #370
Bozeman, Montana 59715
RS Bearrow Construction, Inc.
Lot 3, Block A
420 Mountain Lion Trail
Bozeman, Montana 59718
Promisco Construction, Inc,
Lot 4, Block A
P.O. Box 6342
Bozeman, Montana 59771
Cartwright Homes, Inc.
Lot 5, B lock A
103 Michael Grove Avenue
Bozeman, Montana 59718
Mahar Montana Homes LLC
Lot 6, Block A
1627 West Main Street #370
Bozeman, Montana 59715
Jeffrey M. Dakin and Tami L. Dakin
Lot 7, Block A
1 5230 Low Bench Road
Gallatin Gateway, Montana 59730
Greer Construction Ltd
Lot 8, Block A
513 North 23rd Avenue
Bozeman, Montana 59718
John Tribitt
Lot 1, Block B
5570 Violet Road
Bozeman, Montana 59715
Lora L. Wambolt
Lot 2, Block B
1139 South Cedarview Drive
Bozeman, Montana 59715
Greer Construction Ltd
Lot 3, Block B
513 North 23rd Avenue
Bozeman, Montana 59718
Kevin L. Schlender
Lot 4, Block B
225 Two Bear Way
Gallatin Gateway, Montana 59730
Promisco Construction Inc.
Lot 5, Block B
P.O. Box 6342
Bozeman, Montana 59771
Shaun Shahan
Lot 6, Block B
8105 Alamosa Lane
Bozeman, Montana 59718
Blaine Bowman and Voss Bowman
Lot 7, Block B
11 5 Candelight Drive
Bozeman, Montana 59718
Promisco Construction Inc.
Lot 8, Block B
P.O. Box 6342
Bozeman, Montana 59771
Anders Lewendal Construction Inc.
Lot 9, Block B
4314 G raf Street
Bozeman, Montana 59715
Mahar Montana Homes LLC
Lots 10, 11, 12, 13 and 14, Block
1627 West Main Street #370
B
Bozeman, Montana 59715
Dan Mott
Lot 15, Block B
920 Kodiak Place
Belgrade, Montana 59714
Mahar Montana Homes LLC
Lot 16, Block B
1627 West Main Street #370
Bozeman, Montana 59715
Kevin L. Schlender
Lot 17, Block B
225 Two Bear Way
Gallatin Gateway,
Gilbert Passmore and Janet Passmore
Lot 18, Block B
2085 Watts Lane
Bozeman, Montana 59718
Mahar Montana Homes LLC
Lots 1, 2, 3 and 4, Block C
1627 West Main Street #370
Bozeman, Montana 59715
---- -------------
. _. _n._._._
__ _____u. ._. .__.._ __.____
Ira William Slingsby and Brenda Gail Slingsby
Lots 5 and 6, Block C
95 Border Lane
Bozeman, Montana 59718
Mahar Montana Homes LLC
Lots 7, 8 and 9, Block C
1627 West Main Street #370
Bozeman, Montana 59715
Erin Walden
Lot 1, Block D
323 Mineral Avenue
Bozeman, Montana 59718
Webb Brothers Construction, Inc.
Lot 4, Block D
31 5 West Main Street #8
Belgrade, Montana 59714
Upton Homes, Inc.
Lots 8 and 9, Block D
6908 Magallon Drive
Bozeman, Montana 59715
Kenneth J. Fraser and Vicki Fraser
Lot 1, Block E
411 Sheridan Avenue
Bozeman, Montana 59718
Steven L. Buckner
Lot 2, Block E
53 Riddar Lane
Whitehall, Montana 59759
Cascade Homes, Inc.
Lots 3, 4 and 5, Block E
1627 West Main Street #223
Bozeman, Montana 59715
Phillip L. Perkins and Debra S. Perkins
Lot 6, Block E
595 House Street
Yellowstone Park, Wyoming 82190
Keith Albrecht
Lot 8, Block E
P.O. Box 261
Bozeman, Montana 59771
Jesse W. Asher and Stacey Ann Asher
Lot 9, Block E
1703 West Olive Street #5
Bozeman, Montana 59715
Lunaria Homes, Inc.
Lot 10, Block E
P.O. Box 6780
Bozeman, Montana 59771
-. -------
-.-- - ..-..-- -.
John K. Jennaway and Stacy D. Jennaway
Lot 16, Block E
305 Prairie Avenue
Bozeman, Montana 59718
Anders Lewendal
Lot 4, Block F
491 3 G raf Street
Bozeman, Montana 59715
Cascade Homes, Inc.
Lots 1 and 2, Block G
1627 West Main Street #223
Bozeman, Montana 59715
Cascade Homes, Inc.
Lot 1, Block H
1627 West Main Street #223
Bozeman, Montana 59715
The Vector Group, LLC
Lots 2, 3, 5, 6 and 7, Block D
P.O. Box 160165
Lots 7, 11, 12, 13, 14 and 15,
Big Sky, Montana 59716
Block E
Lots 1, 2, 3, 5, 6, 7, 8 and 9,
Block F
Lots 3, 4,5,6,7,8,9 and 10,
Block G
Lots 2,3,4,5,6,7,8,9,10,11,
12, 13, 14, 15, 16, 17 and 18,
Block H
All of Block I
All of Block J
-_._-----_.~~- --. .
--.--.---- ---~
COMMISSION RESOLUTION NO. 3463
Intent to create SILO No. 671 - lighting district for Ferguson Meadows Subdivision
This is to certify that I did personally mail, on the 7th day of August 2001, postage
prepaid, a copy of the attached Notice in Re to the owners in Special Improvement
Lighting
District No. 671, as identified on Exhibit "C", attached hereto.
-.......~
~J~
--
ROBIN
L. SULLIVAN
-..-.,
--
Clerk of the Commission
-~ --
-
-
- - ~ -
. -
. -
--
-------------------