HomeMy WebLinkAboutResolution 3462 Intent to create SID 670
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RESOLUTION NO. 3462
RESOLUTION RELATING TO LIGHTING DISTRICT NO. 670
(ALLISON SUBDIVISION, PHASE II); DECLARING IT TO BE
THE INTENTION OF THE CITY COMMISSION TO CREATE
THE DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINTAINING LIGHTING IJ\1PROVEMENTS AND
ASSESSING THE COSTS FOR INSTALLATION,
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 Phase II of
the Al1ison
Subdivision. Pursuant to the Agreement, the Company will install fourteen (14)
250 watt high
pressure sodium street light fixtures (the "Fixtures") and 5 x 5 fiberglass poles
at 20 feet along
Graf Street, and Teslow and Ritter Drives 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 $270.34 per month, with adjustments to allow City to assess 100% of
electric service
costs, 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. 670
(Allison
Subdivision, Phase II) 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 $3,244.08, 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 991,861.20 square feet, exclusive of parks
and open space.
Section 6.
Payment of Assessments. Special assessments for the annual costs of
installing and maintaining the Improvements in the amount of $3,244.08, plus any
adjustments,
shall be levied each year against all properties in the District and shall be payable
in equal
semiannual installments.
Section 7.
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 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.
Section 8.
Discontinuation of District. If at any time after the creation of a special
improvement lighting 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.
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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 ofreal 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 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 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 27th day
of August,
2001, at 7:00 p.m., in the Commission Room at City Hall in Bozeman, Montana.
Section 10.
Notice of Passage of Resolution ofIntention. The Clerk ofthe
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.
~ {l(fo~
Mayor
Attest:
{2~ .t~
Clerk of the Commission
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL LIGHTING DISTRICT NO. 670
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. 670 (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 Phase
II of the Allison Subdivision. The Improvements consist of the installation of
fourteen (14) 250
watt high pressure sodium street light fixtures and 5 x 5 fiberglass poles at 20
feet along Graf
Street, and Teslow and Ritter Drives. 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 $270.34 per month, with adjustments
to allow City to
assess 100% of electric service costs, 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 ofthe
costs of
installing and maintaining the Improvements. The total estimated annual costs of
installing and
maintaining the Improvements is $3,244.08, 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 ofland
in the District, exclusive of streets, avenues and alleys. The total area of the
District to be
assessed is 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
$3,244.08, 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.
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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, 200].
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
at;l~
Clerk of the Commission
(Publication Dates: August 8 through August 12, 200 I)
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REVISED NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL LIGHTING DISTRICT NO. 670
CITY OF BOZEMAN, MONTANA
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. 670 (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 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 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 Phase
II of the Allison Subdivision. The Improvements consist of the installation of
fourteen (14) 250
watt high pressure sodium street light fixtures and 5 x 5 fiberglass poles at 20
feet along Graf
Street, and Teslow and Ritter Drives. 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 $270.34 per month, with adjustments
to allow City to
assess 100% of electric service costs, 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 $3,244.08, 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 991,861.20 square feet, eJcelusive of parks and open spaee 224,209
square feet.
Special assessments for the annual costs of installing and maintaining the Improvements
in the
amount 01'$3,244.08, 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.
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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, 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, MONTANA
GJd:v ;t~
Clerk of the Commission
(Publication Dates: August 8 through AUI:,Yllst 12, 2001)
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. II
EXHIBIT
A
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1 2.254,483 84
LOT 1 USDlvlSION NO
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- 1 843463 SF 1 '0 8434.83 sr 17: 8434.83 sr I: 8940 SF:
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TH( LOT LlN(S ,RONTlNG GRAr S REO 1 I
180.00' ANa SOUTH THIRD AV[M.IE ::
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50086' TO STREET LINE
S.89"46'25-W. 535.09' '5 ,,' ---
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. II
EXHIBIT A
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Exhibit B
Legal Description of Allison Subdivision, Phase II
A tract of land being portions of Certificates of Survey numbered 252 and 793,
and
portions of abandoned railroad right-of-way, said tract being located in the Northeast
Quarter and in the Southeast Quarter of Section 24, Township 2 South, Range 5 East,
Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, said tract
being
further described as follows:
Beginning at a point which bears North 89.48'25" East, a distance of 50.00 feet
from
the southeast corner of said Certificate of Survey No. 252, said corner also being
the
southeast corner of Certificate of Survey No. 793; thence South 89.48'25" West,
along
the extended south line of said certificates of survey, a distance of 1311.19 feet;
thence
North 00.16'47" East, along the east line of Certificate of Survey No. 792, a distance
of
247.53 feet; thence North 00.31 '02" East, along the west line of said Northeast
Quarter
of Section 24, a distance of 1314.85 feet; thence North 00.31 '02" East, along
the west
line of said Certificate of Survey No. 252, a distance of 901.47 feet; thence North
89.04'34" East, along the south line of the Summit Engineering Tracts as described
by
deed and shown on a survey, both being recorded in Book 155, Pages 491 through
493
of Gallatin County Records, said line also being the south line of Certificate
of Survey
No. 1393A, a distance of 1509.38 feet; thence along the centerline of an abandoned
railroad right-of-way, through the following 3 courses:
South 30.31 '00" West, a distance of 85.40 feet to a point on a non-tangent curve
to the
left, having: a radius of 1432.50 feet, a central angle of 30.15'39", a chord bearing
of
South 15.17'05" West and a chord length of 747.82 feet; thence along the arc of
said
curve, an arc length of 756.58 feet to the end of said curve; thence on a non-tangent
course of South 00.07'34" West, a distance of 105.00 feet;
Thence South 89.26'58" West, along the north line of Allison Minor Subdivision,
Phase
1, No. 266, a distance of 302.81
feet; thence South 27"42'15" West, along the
northwesterly line of said Allison Minor Subdivision, a distance of 171.42 feet;
thence
South 89.19' 17" West, along the north line of Arnold Street, a distance of 40.45
feet;
thence South 00.40'43" East, along the west line of Arnold Street, a distance of
60.00
feet; thence South 20.47'30" West, along the northwesterly line of Lot 1 of Minor
Subdivision No. 84, a distance of 806.27 feet; thence North 89.17'05" East, along
the
south line of said Lot 1, a distance of 706.37 feet; thence South 00'07'34" West,
along
the centerline of an abandoned railroad right-of-way, a distance of 338.70 feet;
thence
North 89.48'25" East, a distance of 50.00 feet; thence South 00.07'34" West, along
the
west line of a Subdivision Plat of Figgins Addition, (4th Phase), a distance of
37.42 feet;
thence South 89.18'01" West, a distance of 9.00 feet; thence South 89.48'25" West,
along the extended north line of Certificate of Survey No. 793, a distance of 16.00
feet;
thence South 00.07'34" West, along the east line of said abandoned railroad right-ot-
way, a distance of 247.53 feet to the point of beginning.
COMMISSION RESOLUTION NO. 3462
Intent to create SILO No. 670 - lighting district for Allison Subdivision, Phase
II
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. 670, as identified on Exhibit "C", attached hereto.
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ROBIN L. SULLIVAN
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Clerk of the Commission
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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. 3462, entitled: "RESOLUTION RELATING TO SPECIAL LIGHTING
DISTRICT NO. 670 (ALLISON SUBDIVISION, PHASE II); DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE
PURPOSE OF INSTALLING AND MAINT AINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS FOR INST ALLA TION, 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 at a meeting on August 6,
2001, 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: Commissioner Brown. Commissioner
Frost. Commissioner Smiley and Mayor Youngman ; voted against the same: None ,
abstained from voting thereon: None; or were absent: Commissioner Kirchhoff
WITNESS my hand officially this ~ day of August, 2001.
-~... ~;t~
_ . -: . ---- Clerk of the Commission
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EXHIBIT C
COMMISSION RESOLUTION NO. 3462
Intent to create SILD No. 670 - lighting district for Allison Subdivision, Phase
II.
BanTon Inc of Billings
Lots 1, 2, 3, 4 and 6, Block 1
P.O. Box 906
Lots 1, 2, 3, 4 and 5, Block 2
Bozeman, Montana 59771
Lots 1, 2, 3 and 5, Block 3
Lots 1, 2, 3, 4, 5, 6 and 7, Block 4
David C. Jarrett
Lot 5, Block 1
9 Tai Lane
Lot 7, Block 1
Bozeman, Montana 59715
Lot 4, Block 3
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