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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 -~ -- - - - - ~ - . - . - -- -------------------