HomeMy WebLinkAboutResolution 4509 Intent to create Special Improvement Lighting District No. 717 o R Oz.
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COMMISSION RESOLUTION NO. 4509
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
717 (NORTON EAST RANCH SUBDIVISION, PHASE IIA) 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, 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 Norton East Ranch Sub, Ph IIA (the
"District") for the purpose of, maintenance and energy costs. The district will pay the
maintenance and energy costs for eight(8) Enico, Avalunle Horizontal Lanip Luminaries, mounted on
a round pole at 38' which will be 250-watt fixtures, two (2) Emco, Avalume Horizontal Lamp
Luminaries, mounted on a round pole at 25', which will be 150-watt fixtures, and nine (9) Gardco's
do.nie top Louver Bollard, mounted at 42" and will be 50-watt fixtures (the "Fixtures"); at the locations
shown on Exhibit A (the "Improvements"). The initial monthly charges per fixture per month
(the "Monthly Charge") are estimated as follows: $168.00 for the 250-watt fixtures, $25.00 for
the 150-watt fixtures, and $40.50 for the 50-watt fixtures for a total of$233.50 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.71.7 (Norton East Ranch
Subdivision, Phase 11A) 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 the District is shown on Exhibit B hereto (which is hereby incorporated herein
and made a part hereof).
Pagel of S
Resolution 4509, Intent to Create Lighting District 717
Section 4
Benefited Property. 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 $2,802.00, 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
3.51. acres, or 152,975 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be $798.29 or$0.0183 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $2,802.00, 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 $940.74 per acre, or $0,0216 per square
foot.
Section 7
Extraordinary Rgpair 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 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.
Page 2 of 8
Resolution 4509, Intent to Create Lighting District 717
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 (February 26, 2014) 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 March 3, 2014 in the Commission Room at
City Hall, 121 N Rouse Avenue.
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 February 16th and
February 23, 2014, 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 4509, Intent to Create Lighting District 717
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the I Ot" day of February, 2014.
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APPROVED A� TO FORM.
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GRE SULLIVAN
City Attorney
Page 4 of 8
Resolution 4509, Intent to Create Lighting District 717
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
1, 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. 4509, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 717 (NORTON EAST RANCH SUBDIVISION, PHASE IIA) 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 February 10, 2014, 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 Mee .ng, the
I
following Commissioners voted in favor thereof. �Aa w�)� 09
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voted against the same: abstained from voting thereon: J�� or were absent-
WITNESS my hand officially this I Ith day of February, 2014.
St y IQLr�en, CMC
Cit Clerk
Resolution 4509, Intent to Create Lighting District 717
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 717
(NORTON EAST RANCH SUBDIVISION, PHASE IIA)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on February 10, 2014, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention
to Create Special Improvement Lighting District No. 717 (the "District") for the purpose of
maintaining lighting and assessing the cost for maintenance and energy to Norton East Ranch
Subdivision, Phase IIA, 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 to for eight (9) Enico, Avaluine Horizontal
Lanip Lutilinaries, mounted on a round pole at 38* which will be 250-watt fixtures; two (2) Emco,
Avalume Horizontal Lamp Luminaries, mounted on a round pole at 25', which will be 150-watt
fixtures, and vine (9) Gardeos donee top 1,0LIver Bollard, mounted at 42" and will be 50-watt fixtures
(the "Fixtures"); at the locations shown on Exhibit A (the "Improvements"). The initial monthly
charges per fixture per month (the "Monthly Charge") are estimated as follows: $168.00 for the
250-watt fixtures, $25.00 for the 150-watt fixtures, and $40.50 for the 50-watt fixtures for a total
of$233.50 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 $2,802.00
per year for the entire District. The total area of the District to be assessed is 3.51 acres, or
152,975 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $798.29, or $0.0183 per square fool. On an average size lot of 6,120 square feet
the annual estimated cost would be $111.99, 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 $940.74 per acre, or $0.0216
per square foot.
On Monday, March 3, 2014, 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.
Resolution 4509, Intent to Create Lighting District 717
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
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
Wednesday, February 26, 2014.
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-, February 11, 2014
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
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Stacy/ nMC
City Ikrrkj
Le al Ad
Publication Dates: Sunday, February 16, 2014 & Sunday, February 23, 2014
Resolution 4509, Intent to Create Lighting District 717
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 Regards to the owners in Special Improvement
Lighting District No. 717, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Wednesday, February 12, 2014, directed to the owners at the addresses shown on Exhibit "B".
Stacy men,gMC
City leek
Subscribed and sworn before me this 12th day of February, 2014.
(Notarial Seal)
Printc`6 name
AIMEE BRUNCKHORST
Notary Public for the State of Montana
NOTARY PUBLAC inrf`C'
Slate of Montayip
Residing at: see seal
E Residing at Belgrade, Montana
My Commission Expires My Commission expires: see seal
December 04,2016
Norton East Ranch Subdivision Phase IIA
Zone R-4
Owner: Norton Properties LLC
63028Lox«er Meadow Dr#200
Bend,OR 97781
Two tracts of land located in Section 9,Township 3Somth, Range 5 East, P.M.,
Gallatin County, City of Bozeman, Montana and more particulary described as:
Blocks 1 and 2 and adjoining Right of Way, 3.517acres
Blocks and and adjoining Right ofWay, 8.443 acres
1-16 If HNG EXHIBIT For
NORTON EAST RANCH SUBDIVISION PHASE IIA
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