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HomeMy WebLinkAboutDate revisions to Resolutions of Intent 4535 and 4538 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer Stacy Ulmen, City Clerk SUBJECT: Date revisions to Resolution of Intent No. 4535, intent to create Special Improvement Lighting District 720 for West Winds Subdivision Phase VI and Resolution of Intent No. 4538, Intent to Create Special Improvement Lighting District 721 for Baxter Meadows West Phase B. MEETING DATE: July 28th AGENDA ITEM TYPE: Consent , 2014 RECOMMENDATION: Approve date revisions to Resolution of intent No. 4535, Intent to create Special Improvement Lighting District 720 for West Winds Subdivision Phase VI and Resolution of Intent No. 4538, Intent to Create Special Improvement Lighting District 721 for Baxter Meadows West Phase B. BACKGROUND: On Monday July 21st, the Commission approved Resolution of intent No. 4535, Intent to create Special Improvement Lighting District 720 for West Winds Subdivision Phase VI and Resolution of Intent No. 4538, Intent to Create Special Improvement Lighting District 721 for Baxter Meadows West Phase B. Upon preparing the noticing, it was determined that the dates within the Resolutions and notices needed to be revised. All of the corrections are listed in red text within the attachments following. To view the prior materials, we have linked the July 21, 2014 packet materials: Resolution No. 4535, SILD 720 and Resolution No. 4538, SILD 721 The dates were revised within the notices that were mailed accordingly to those within the SILD proposed areas. UNRESOLVED ISSUES: There are no known unresolved issues to be addressed by the Commission. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: As described in prior packet materials from July 21, 2014 ATTACHMENTS: Revised Resolution No. 4535 and No. 4538 136 Page 1 of 8 COMMISSION RESOLUTION NO. 4535 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720 (WEST WINDS SUBDIVISION PHASE VI) 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 1 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 West Winds Subdivision Phase VI (the “District”) for the purpose of, maintenance and energy costs. The district will pay the maintenance and energy costs for four (4) Gullwing G13 Area Luminaires which are100-watts, mounted on a 25’ RW Round Non-Tapered Steel Pole with a bronze finish (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: $4.50. 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.720 (WEST WINDS SUBDIVISION PHASE VI) 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 137 Resolution 4535, Intent to Create Lighting District 720 Page 2 of 8 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). 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 $216.00, 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 8.48 acres, or 369,746 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $25.47 or $0.00058 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $216.00, 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 138 Resolution 4535, Intent to Create Lighting District 720 Page 3 of 8 Improvements resulting in a cost not to exceed $84.43 per acre, or $0.00193 per square foot. 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 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 (August 6 11, 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 August 11, 2014 in the Commission Room 139 Resolution 4535, Intent to Create Lighting District 720 Page 4 of 8 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 July 27, 2014 and August 3, 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. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st of July, 2014. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 140 Resolution 4535, Intent to Create Lighting District 720 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. 4535, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720 (WEST WINDS SUBDIVISION PHASE VI) 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 July 21, 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 meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___ ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 22nd day of July, 2014. ___________________________________ Stacy Ulmen, CMC City Clerk 141 Resolution 4535, Intent to Create Lighting District 720 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 720 (WEST WINDS SUBDIVISION PHASE VI) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on July 21, 2014, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 4535 to create Special Improvement Lighting District No. 720 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to WEST WINDS SUBDIVISION PHASE VI, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 4535 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 Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The City will maintain and pay energy costs to for four (4) Gullwing G13 Area Luminaires which are100-watts, mounted on a 25’ RW Round Non-Tapered Steel Pole with a bronze finish (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: $4.50. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge are $216.00 per year for the entire District. The total area of the District to be assessed is 8.48 acres, or 369,746 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $25.47, or $0.00058 per square foot. On an average size lot of 6,600 square feet the annual estimated cost would be $3.82, 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 $84.43 per acre, or $0.00193 per square foot. On Monday, July 21st August 11th , 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 to hear 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 142 Resolution 4535, Intent to Create Lighting District 720 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 Monday, August 11th , 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: July 22, 2014 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA Stacy Ulmen, CMC City Clerk Publication Dates: Sunday, July 27, 2014 & Sunday, AugustLegal Ad 4th 3rd, 2014 143 Resolution 4535, Intent to Create Lighting District 720 COMMISSION RESOLUTION NO. 4523 Resolution of Intent to create SILD No. 720 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to WEST WINDS SUBDIVISION PHASE VI, and paying maintenance and energy costs relating thereto. 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. 720, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, July 25th, 2014, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Stacy Ulmen, CMC City Clerk Subscribed and sworn before me this 22nd day of July, 2014. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 144 1 COMMISSION RESOLUTION NO. 4538 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 721 (BAXTER MEADOWS WEST PH 3B) 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 1. 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 Baxter Meadows West PH 3B (the “District”) for the purpose of, maintenance and energy costs. The district will pay the maintenance and energy costs for six (6) BEL30-CR44A-P3048K, mounted at 17.6’ on a Cast Aluminum Base Mount Pole with Spun Aluminum 30” Shade fixtures, which will be LED 39-watt fixtures, and six (6) BLEDR24 Bollards suitable for mounting within 42” of the ground and will be 24-watt LED 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: $8.73 for the LED 39-watt fixtures and $11.94 for the LED 24-watt fixtures, for a total of $20.67 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.721 (Baxter Meadows West PH 3B) 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). 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. 145 Resolution 4538, Intent to Create SILD 721 2 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 $248.04 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 15.64 acres, or 681,375 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $15.85 or $0.00036 per square foot annually. Section 6. Payment of Assessments . Special assessments for the annual maintenance and energy costs are estimated at $248.04, 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 $748.04 per acre, or $0.00109 per square foot. 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 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, 146 Resolution 4538, Intent to Create SILD 721 3 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 (August 13 11, 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 August 18 11, 2014, at 6:00 p.m., in the Commission Room at City Hall, 121 N 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 July 27th, 2014 and August 3rd , 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. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st day of July, 2014. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 147 Resolution 4538, Intent to Create SILD 721 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. 4538, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 721 (BAXTER MEADOWS WEST PH 3B) 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 July 21, 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 meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 22st day of July, 2014. ___________________________________ Stacy Ulmen, CMC City Clerk 148 Resolution 4538, Intent to Create SILD 721 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 721 (BAXTER MEADOWS WEST PH 3B) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on July 21, 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. 721 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Baxter Meadows West PH 3B, 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 six (6) BEL30-CR44A-P3048K, mounted at 17.6’ on a Cast Aluminum Base Mount Pole with Spun Aluminum 30” Shade fixtures, which will be LED 39-watt fixtures, and six (6) BLEDR24 Bollards suitable for mounting within 42” of the ground and will be 24-watt LED 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: $8.73 for the LED 30-watt fixtures and $11.94 for the LED 24-watt fixtures, for a total of $20.67 per month. 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 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 $248.04 per year for the entire District. The total area of the District to be assessed is 15.64 acres, or 681,375 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $15.85, or $0.00036 per square foot. On an average size lot of 10,500 square feet the annual estimated cost would be $3.78, 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 $47.82 per acre, or $0.00109 per square foot. On Monday, July 21, 2014 August 11th, 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. 149 Resolution 4538, Intent to Create SILD 721 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., Monday, August 11, 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: July 21, 2014 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Stacy Ulmen, CMC City Clerk Publication Dates: Sunday, July 27, 2014 & Sunday, August 3, 2014 Legal Ad 150 Resolution 4538, Intent to Create SILD 721 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. 721, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, July 25, 2014, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Stacy Ulmen, CMC City Clerk Subscribed and sworn to before me this 25th day of July, 2014. (Notarial Seal) _______________________________ Notary Signature See seal for notary details 151