HomeMy WebLinkAboutResolution 4436 Lighting District 715 COMMISSION RESOLUTION NO. 4436
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
715 (NORTON EAST RANCH PHASE 2) DECLARING IT TO BE THE INTENTION OF
THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
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 I
Intention to Create District; Pro- osed 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 Norton East Ranch Phase 2 (the "District") for the purpose of,maintenance
and energy costs. The district will pay for maintenance and energy costs for three (3) EMCO,
Avalume horizontal luminary fixtures (the "Fixtures"), which will be 150-watt fixtures mounted
at 25 fect; at the locations shown on Exhibit A (the "Improvements") and for sixteen(16)
GARDC0 dome top louver bollards,which will be 50-watt fixtures mounted at 42 inches which
are located along the open spaces in Exhibit A. The initial monthly charges per fixture per
month(the "Monthly Charge") are estimated as follows: $7.17 for the 150-watt fixtures, for a
total of$21.51 per month and $2..38 for the 50-watt fixtures, for a total of$38.08 per month.
Section 2
Number of District.
The District, if the same shall be created and established, shall be known and designated
as Special Improvement Lighting District No.715 (Norton East Ranch Phase 2) 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), which boundaries are
designated.and confirmed as the boundaries of the District. A listing of each of the properties in
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Resolution 4436, intent to Create Lighting District 715
the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part
hereof).
Section 4
Benefited Pro pertE
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 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 benefited by the Improvements.
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 actual area method of assessment described
in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual
maintenance and energy costs are estimated at $715.08 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 3.71 acres, or
161,628 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $192.71 or$0.004424 per square foot annually.
Section 6
Payment of Assessments.
Special assessments for the annual maintenance and energy costs are estimated at
$715,08, 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. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements
resulting in a cost not to exceed$134.77 per acre, or $0.00309 per square foot.
Section 7
Extraordinary Repair or Replacement.
The maintenance and energy costs and assessments set forth in Section I 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
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Resolution 4436, Intent to Create Lighting District 715
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 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 of real property within the
District subject to assessment and taxation for the cost and expense of maintenance and energy
may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-
day period(May 21, 2013) written protest against the proposed maintenance and energy costs, 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 June 3, 2013, at 6:00 p.m., in the Commission Room at City Hall, 1211
Rouse Ave.
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 May 8'11 and May 12"', 2013, 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.
Page 3 of 8
Resolution 4436, Intent to Create Lighting District 715
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the `' day of May, 2013.
P y CKER
ATTEST: ��11�7P�lllp/
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APPROVED AS TO FORM:
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City o mey
Page 4 of 8
Resolution 4436, Intent to Create Lighting District 715
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
Tuesday, May 21, 2013.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320,
Dated: May 6, 2013
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
st y IR
C I erl
Legal Ad
Publication Dates: Thursday, May 9, 2013 & Sunday, May 12,/�6b'\'
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. 715, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Wednesday, May 8, 2013, directed to the owners at the addresses shown on Exhibit "B".
Stacy Ulmen, CMC
City Clerk
Subscribed and sworn to before me this 8th day of May, 2013.
(Notarial Seal)
Printed name
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires.
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 715
(NORTON EAST RANCH PHASE 2)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on May 6, 2013, the City Commission (the
"Cominission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention
to Create Special Improvement Lighting District No. 715 (the "District") for the purpose of
maintaining lighting and assessing the cost for maintenance and energy to Norton East Ranch
Phase 2, 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 costs, 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.
The City will maintain and pay energy costs for three (3) EMCO, Avalume horizontal
luminary fixtures (the "Fixtures"), which will be 150-watt fixtures mounted at 25 feet; at the
locations shown on Exhibit A (the "Improvements") and for sixteen (16) GARDCO dome top
louver bollards, which will be 50-watt fixtures mounted at 42 inches which are located along the
open spaces in Exhibit A. The initial monthly charges per fixture per month (the "Monthly
Charge") are estimated as follows,: $7.17 for the 150-watt fixtures, for a total of $21.51 per
month and $2.38 for the 50-watt fixtures, for a total of$38.08 per month.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements as an "area basis" annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge are $715.08
per year for the entire District. The total area of the District to be assessed is 3.71 acres, or
161,607.60 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $192.71, or $0.004424 per square foot. On an average size lot of 5,500 square
feet the annual estimated cost would be $24.33, which is payable semiannually. 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.
The first year of special assessment billing will include an additional amount not to exceed $500
for publication and mailing associated with creation of the District which shall be assess in the
same manner as the Improvements resulting in a cost not to exceed $134.77 per acre, or
$0,00309 per square foot,
On Monday, June 3, 2013, at 6.00 p.m., in the Commission Room at City Hall 121 N
Rouse Ave, 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 costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
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. 4436, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO, 715 (NORTON EAST RANCH PHASE 2) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS 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 of Bozeman at a meeting on May 6, 2013, 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 Resolutio at said meetin , the
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following Commissioners voted in favor thereof- OM fm ;K ,.'- .
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against the same: abstained from voting thereon: ; or v- -
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WITNESS my hand officially this 7`" day of Ma
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Norton East Ranch
Subdivision Phase II
ownership:
Norton Properties LLC
963 Sampson Ave,Ste 110
Bend,OR 97702
Black 1 Lot 5q 1t
1 5,519
2 5,010
3 5,000
4 5,005
5 5,010
6 5,000
7 '5,005
8 5,010
9 5,000
10 5,005
Black 2
1 6,541
2 5,000
3 5,500
4 5,500
5 5,500
6 5,500
7 5,500
8 5,500
9 5,000
10 6,000
11 6,000
12 5,500
13 5,000
14 5,500
15 5,500
16 5,500
17 5,500
18 5,500
19 5,000
20 6,523
Total Assessable
Square Footage 161,628
Non Assessable
Open Space 17,460
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