HomeMy WebLinkAboutResolution 4388 Intention to modify Lighting District 460, N. 7th Avenue COMMISSION RESOLUTION NO. 4388
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 460 (N. 7' AVENUE) DECLARING IT
TO BE THE INTENTION OF THE CITY COMMISSION TO
MODIFY THE DISTRICT FOR ASSESSING THE COSTS FOR
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the "Commission") of the City of
Bozeman (the "City"),Montana, as follows:
Section 1. Intention to Modify District 460, Proposed Improvements. It is the
intention of this Commission to create and establish in the City under Montana Code Annotated,
Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve the N.
7`h Avenue between a point 140 feet north of Main Street to the northern edge of the Oak Street
right-of-way and adjacent streets east and west of side N. 7"' Avenue for a distance of 115 feet
either side of side N. 71h Avenue, (the "District") for the purpose of paying energy and
maintenance costs. The City will maintain and pay energy costs for the modified and
unmodified portions of the District. The modified portion of the District includes 21 fixtures (the
"Fixtures"), of which will be Phillips Domus series, 250W HPS (high pressure sodium) at 25
feet; at the locations shown on Exhibit A (the "Improvements"). The unmodified portion of the
District includes 23-20OW HPS cobra head mounted on 30 feet high steel poles with power fed
by a single overhead wire. It is estimated that the maintenance and energy costs for the new 250-
watt fixtures per fixture per month will be $ 10.02; 200-watt HPS fixtures per fixture per month
$25.46. The Monthly Charge is composed of an energy charge and a charge for maintenance of
the lights.
Section 2. Number of District. The District, if the same shall be modified and
established, shall continue to be known and designated as Special Improvement Lighting District
No. 460 (N. 7`h Avenue) of the City of Bozeman, Montana.
Section 3. Boundaries of District. The limits and boundaries of the District are
depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a
part hereof). A listing of each of the properties owners in the District is shown on Exhibit B
hereto (which is hereby incorporated herein and made a part hereof).
Section 4. Benefited Propert y. The District and territory included within the
limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
maintenance and energy and will be assessed for the energy costs and a portion of the
maintenance as described in Section 1. The maintenance and energy, in the opinion of this
Commission, are of more than local and ordinary benefit. The property included within said
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limits and boundaries is hereby declared to be the property benefited by the maintenance and
energy provided.
Section 5. Assessment Methods. All properties within the District are to be
assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance
and energy costs shall be assessed against the property in the District benefiting, based on the
lineal feet of frontage method of assessment described in Sections 7-12-4324, M.C.A., as
particularly applied and set forth in this Section 5. The annual maintenance and energy costs are
estimated at $2525.02 per year for the modified portion of the District and $6546.68 for the
unmodified portion of the District, and shall be assessed against each lot, tract or parcel of land
in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to
the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues
and alleys. The total lineal frontage of the District to be assessed is 8,370 feet. The initial
maintenance and energy costs of the Improvements per shall be $1.25 per lineal foot annually for
the modified portion of the District and $1.03 per lineal foot for the unmodified portion.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs is estimated at $9,071.70, plus any increases, as may be permitted
by the Public Service Commission, and any additional authorized charges shall be Ievied each
year against all properties in the District and shall be payable in equal semiannual installments.
Section 7. Extraordinary Repair or Replacement. The maintenance and energy
costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not
cover charges for repair and/or replacement. The City may make an additional charge to the
District for costs of labor and actual material costs for repairs and/or replacement of the fixtures
for damage caused by third parties and not paid by such third parties. The City will assess such
costs and charges against the properties in the District in the same manner as the other
assessment is made.
Section 8. Discontinuation of District. If at any time after the initial term of the
District a petition is presented to the City Commission, signed by the owners or agents of more
than three-fourths of the total amount of property within the District, asking that the maintenance
and operation of the special lighting system and the furnishing of electrical current in the district
be discontinued, or if a majority of the City Commission votes to discontinue the District, the
City Commission shall, by resolution, provide for discontinuing the maintenance and operation
of the lighting system. If the Commission has, prior to the presentation of a petition or by a
majority vote of the Commission to discontinue the District, entered into any contract for the
maintenance and operation of the lighting system, the maintenance and operation may not be
discontinued until after the expiration of the contract.
Section 9. Public Hear_ing, Protests. At any time within fifteen(15) days from and
after the date of the first publication of the notice of the passage and approval of this resolution,
any owner of real property within the District subject to assessment and taxation for the
maintenance and energy costs may make and file with the Clerk of the Commission until 5:00
p.m., M.T., on the expiration date of said 15-day period (August 6, 2012) written protest against
the proposed Improvements, or against the extension or creation of the District or both, and this
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Commission will at its next regular meeting aftcr 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 August 6'h, 2012, at 6:00 p.m., in the
Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman,
Montana.
Section 10. Notice of Passage of Resolution of Intention. The City Clerk is hereby
authorized and directed to publish or cause to be published a copy of a notice of the passage of
this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county
on July 22"d, 2012 and July 29`", 2012, 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 16th day of July, 2012.
SEAN A. BECKER
Mayor
ATTEST:
SYACY/C4MEN, CMC
City Cle k
APPROVED AS TO FORM:
r4y-2s�'
GM4t SULLIVAN
City Attorney
1
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EXHIBIT A
A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO SERVE THE N.Tth AVENUE BETWEEN A POINT 140 FEET NORTH
OF MAIN STREET TO THE NORTHERN EDGE OF THE OAK STREET RIGHT-OF-WAY AND ADJACENT STREETS EAST
AND WEST OF SIDE N.7th AVENUE FOR A DISTANCE OF 115 FEET EITHER SIDE OF N.7th AVENUE
b ,p W. OAK ST
LEGEND: r a
NEW 250W HPS FIXTURE ON 25'POLE
EXIST-200W HPS FIXTURE ON 30'POLE ! f
PARCEL LINES IMPORTED AND SCALED
(BEST FIT)FROM MONTANA STATE W1Re S� o
CADASTRAL GIS DATA. n j
I s I MODIFIED PORTION OF SILD I I I
W.THEMLOCK ST
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—• + T IN FEET
MORRISON 2M TeO,,u g DW W DRAWN BY: XH NORTH 7th AVENUE PROJECT No
7TT swwy— MT W"W" CHKP,BY' KDJ LIGHTING IMPROVEMENTS O41T.9e3
MAIERLE,INC. Pla� Ph.r :(46)872-8702 APPR.BY: Kw BOZEMAN MT FIGURE NUMBER
E�� DATE,062012
`t"E pr.Y-4Q"°MC-.P°°Y SILD460-MODIFICATION EX- A
marwaur euuwsow.w�rae,we�4u C1
N:1041TWBMCAbW-xhIdibOSILVExib!Ldag Plotodbykevinjawbe mJum200 12012
American Federal Savings Bank PO Box 4999 Helena MT 59604
C. Rowland&K. Borgenicht 9293 Sky Ridge Dr Bozeman MT 59715
Dave Tirrell &Erik Maurer 615 N 7th Ave Bozeman MT 59715
Lifetime Adventures LLC 620 N 7th Ave Bozeman MT 59715
Haley Enterprises LLC PO Box 3445 Bozeman MT 59772
G&C Land LLC 4320 McIlhattan Rd Bozeman MT 59715
2LT LLC 706 N 7th Ave Bozeman MT 59715
RIM Holdings Enterprise LLC PO Box 3618 Bozeman MT 59772
Mad LLC 806 N 7th Ave Bozeman MT 59715
Sumitomo Bank Leasing&
Finance-Bridgestone 535 Marriott Dr Nashville TN 37214
Amereo Real Estate Co PO Box 29046 Phoenix AZ 85038
Charlotte Latta 18 Hill St Bozeman MT 59715
DMC Properties LLC PO Box 1407 Bozeman MT 59771
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EXHIBIT B
Modified Portion
Sam Harvey Rental Develop Inc. PO Box 3913 Bozeman MT 59771
Darigold Inc 1 l 30 Rainier Ave South Seattle WA 98144
Heinz K. Boeckmann 920 Hufford PI Port Townsend WA 98368
Cecil Jack Sievert 521 W Hulbert Rd Bozeman MT 59718
Bozeman Apple Inc 2038 Overland Ave Billings MT 59102
D. Graves &E. Wallin 8260 Walker Rd Belgrade MT 59714
Sears Holding Corp#7027 3333 Beverly Rd,B2-1 10A Hoffinan Estates IL 60179
Ryan Restaurant CorplTuition 2038 Overland Ave Billings MT 59102
Omnisky Enterprises LLC 3011 Trail Creek Rd Bozeman MT 59715
Bozeman Inn Company LLC 1235 N 7th Ave Bozeman MT 59715
Unmodified Portion
Robert G& Sherry J Essig 521 S 5th Ave Bozeman MT 59715
Eckroth Plaza Montana LLC 1655 N Grandview Ln, Ste 102 Bismarck ND 58503
Yvonne Arrington 507 W Main St Bozeman MT 59715
DAG,LLC 54 Park Plaza Bozeman MT 59715
William M &Jeannine Albee 8065 Cottonwood Rd Bozeman MT 59718
Bozo LLC PO Box 506 West Yellowstone MT 59758
Charles Schwier 119 N 7th Ave Bozeman MT 59715
Richard Spott 663 Sunny Acres Dr Bozeman MT 597I8
Reed Liv Trust&S.Weinstein 12 Perkins Dr Prescott AZ 86301
Restaurant Properties 1627 W Main St#362 Bozeman MT 59715
HRDC of District IX Inc 32 S Tracy Ave Bozeman MT 59715
Yellowstone Country Food&
Beverage Inc.M Hensel PO Box 10580 Bozeman MT 59719
Royal "7"Motel 310 N 7th Ave Bozeman MT 59715
Decosse Westgate Partnership 2120 Chambers Dr Bozeman MT 59715
Nelson Investments, LP PO Box 11084 Bozeman MT 59719
Thomas &Judith Deibele PMB 267272
3590 Round Bottom Cincinnati OH 45244
BCE LLC 131 W Main Missoula MT 59802
Wilma Norris CIO Kevin Norris 415 Comfort Bozeman MT 59718
National Properties LP,
A Delaware Ltd. Partnership 450 S Orage Ave, Ste 900 Orlando FL 32801
Dennis&Lowell Springer 426 N 7th Ave Bozeman MT 59715
428 N 7th LLC 428 N 7th Ave Bozeman MT 59715
MKM Enterprises LLC 438 N 7th Ave Bozeman MT 59715
Stuart M.Mcintosh 795 Bullhook Drive Havre MT 59501
Burton&Kathleen Gibson 510 N 7th Ave Bozeman MT 59715
CJ&J 4 Candelight Dr Bozeman MT 59718
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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. 4388, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 460 DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO MODIFY THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT."
(the "Resolution"), on file in the original records of the City in my legal custody; that the
Resolution was duly adopted by the City Commission of the City at a meeting on August 6th,
2012, 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: ; voted
against the same: ; abstained from voting thereon: ; or were absent: .
WITNESS my hand officially this 16th day of July, 2012.
Stay e , CMC
Ci lerk
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO MODIFY SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 460 (N. 7 1 AVENUE)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 16, 2012, the City Commission (the
"Commission") of the City of Bozeman, Montana (the"City"), adopted a Resolution of Intention
to modify Special Improvement Lighting District No. 460 (the "District") for the purpose of
maintaining lighting and assessing the costs for maintenance and energy to serve the N. 7th
Avenue between a point 140 feet north of Main Street to the northern edge of the Oak Street
right-of-way and adjacent streets east and west of side N. 7t1' Avenue for a distance of 115 feet
either side of side N. 7th Avenue and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") is on file with the
City Clerk which more specifically describes the nature of the maintenance and energy costs, the
boundaries and the area included in the District, and other matters pertaining thereto and further
particulars. A list of properties in the District and the amount of the initial assessment
accompanies this notice.
The City will maintain and pay energy costs for the modified and unmodified portions
of the District. The modified portion of the District includes 21 fixtures (the "Fixtures"), of
which will be Phillips Domus series, 250W HPS (high pressure sodium) at 25 feet; at the
locations shown on Exhibit A (the "Improvements"). The unmodified portion of the District
includes 23-20OW HPS cobra head mounted on 30 feet high steel poles with power fed by a
single overhead wire. It is estimated that the maintenance and energy costs for the new 250-watt
fixtures per fixture per month will be $10.02; 200-watt HPS fixtures per fixture per month
$25.46. The Monthly Charge is composed of an energy charge and a charge for maintenance of
the lights.
All properties in the District will be assessed for their proportionate share of the
maintenance and energy costs on a"lineal frontage basis" annually and will be payable in equal
semiannual installments. The annual costs of the maintenance and energy costs are estimated at
$9,071.70 per year for the entire District. The total lineal frontage of the District to be assessed
is 8,370 lineal feet exclusive of parks and open space. The initial maintenance and energy costs
of the Improvements per shall be $1.25 per lineal foot annually for the modified portion of the
District and $1.03 per lineal foot for the unmodified portion. On an average size lot of 200 lineal
feet the annual estimated cost would be $250.00 for the modified portion and $206 for the
unmodified portion, which is payable semiannually. The annual assessments for maintenance
and energy costs may be increased as approved by the Public Service Commission and may be
increased to cover extraordinary expenses of repair and maintenance.
On Monday, August 6th, 2012, at 6:00 p.m., in the Commission Room of City Hall, 121
North Rouse Avenue, Bozeman, Montana, the City Commission will conduct a public hearing
and pass upon all written protests against the creation or extension of the District, or the
Improvements.
Written protests against the creation or extension of the District and the maintenance
and energy costs may be filed by an agent, person, 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 City Clerk at the Municipal Building, 411 East Main Street,
Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, August 6, 2012.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 North Rouse Avenue, Bozeman, Montana
or by telephone at (406) 582-2320.
Dated: July 17th 2012
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
Mince Brunckhorst
Deputy City Clerk
Legal Ad
Publication Dates: Sunday, July 22"a, 2012 & Sunday, July 291h, 2012
AFFIDAVIT OF MAILING
STATE OF MONTANA }
ss
County of Gallatin }
Stacy Ulmen, City Clerk, being first duly sworn, says:
That I deposited a copy of the Notice in Re to the owners in Special Improvement
Lighting District No. 460, as listed in Exhibit "A", in the U.S. Post Office at Bozeman, Montana,
on the 17"' day of, July, 2012, directed to the owners at the addresses shown on Exhibit "B".
y Ul en CMC
i Cler
Subscribed and sworxa to before me this 17`x' day of July, 2012.
`�\�11151!llf.r���/
(Notarial Seal)
X `
. NOTARIAL � Prin d name `
* Notary Publi f r the State of Montana
�;. Residing at '� Montana
My Commission expires: ia_-o4-!a
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