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00MMISSION 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 313) 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.
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Resolution 4538, Intent to Create SILD 721
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,
2
Resolution 4538, Intent to Create SILD 721
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 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, 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 27"i, 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 215`day of July, 2014.
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APPROeS TO FORM:
G SU IVAN
City Attorney
3
Resolution 4538, Intent to Create SILD 721
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. 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 313) 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 o the Resol tion at said rTeeting, the
following Commissioners voted in favor thereof: ed
against the same: ; abstained from voting the n: La�:; or wer bsent:
WITNESS my hand officially this CDe I— day of July, 2014.
Stac U n CMC
City Clerk
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, Augustl lth, 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 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
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Publication Dates: Sunday, July 27, 2014 & Sunday, August 3, 2014
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City of Bozeman
Special Improvement Lighting District Creation
Protest/Support Form
Information & Instructions
The City of Bozeman provides this form to owners of real property for purposes of
official protest against the creation of Special Improvement Lighting District No. 721 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.
SPECIAL IMPROVEMENT DISTRICT (SID) CREATION AND PROTEST
A Special Improvement District (SID) is created by administrative action of the Bozeman City
Commission. The City Commission's authority to create a SID and the purposes for which a SID
may be created are provided for in Title 7, chapter 12, parts 41 and 42, Montana Code
Annotated. To create a SID, the City Commission must first adopt a resolution of intent. If the
Commission adopts the resolution of intent the City Clerk will then mail a copy of the Notice of
Passage of the Resolution of Intent to create the SID to property owners within the proposed
SID. At the same time, the City Clerk will publish the Notice of Passage of the Resolution of
Intent in a local newspaper. Owners of property liable to be assessed for the cost of the
improvements under the SID may protest its creation pursuant to 7-12-4110, MCA. The protest
period begins after the date of the first publication of the notice of the passage of the
resolution of intent.
OFFICIAL PROTEST PERIOD
The protest period for the creation of Special Improvement Lighting District No. 721 begins
July 27th, 2014 and ends at 5 p.m. on August 11th, 2014. Official protests must be signed;
therefore,the City will not count emails or telephone calls as formal protest.
INSTRUCTIONS TO PROTEST OR SUPPORT THE DISTRICT
In order to be counted as the official protest, protests against the district must be:
• Signed by all the record owners of fee simple title to the property;
• Identify the property in the district owned by the protestor; and
• Be submitted in writing to the Bozeman City Clerk no later than August 11th, 2014 at 5
p.m. Mountain Standard Time.
For purposes of protesting a SID, an "Owner" means as of the date a protest is filed, the record
owner of fee simple title to the property or a contract buyer on file in the records of the
Gallatin County Clerk and Recorder. The term "owner" does not include a tenant of or other
holder of a leasehold interest in the property. If you are unsure about who is listed on the deed
to your property, Gallatin County has property ownership records and can be contacted at
www.gallatin.mt.gov.
A protest/support form is enclosed for your convenience. The form contains separate parts for
different types of ownership. Only one form need be completed per property:
Part 1. To be completed for property owned by individuals.
Part 2. To be completed for property owned by corporations,trusts, LLC's, or other
entities.
Part 3. To be completed for property designated as condominium.
If you are interested in protesting, please complete the part(s) that apply to your particular
ownership. If you own multiple properties, please use a separate form for each property.
PLEASE MAIL THE COMPLETED FORM TO:
City of Bozeman
C/O City Clerk Office
P.O. Box 1230
121 North Rouse Avenue
Bozeman, MT 59771-1230
Alternately, property owner(s) may sign the completed form, scan it and e-mail it to
agenda@bozeman.net.
EFFECT OF PROTEST
Pursuant to 7-12-4113, MCA, the City Commission may not take further action on the proposed
district for a period of six (6) months if the City receives validated protests from the owners of
property in the proposed district to be assessed for more than 50% of the cost of the proposed
work, in accordance with the methods of assessment described in the resolution of intent.
City of Bozeman
Special Improvement Lighting District Creation
Protest/Support Form
PART 1 - Property owned by individuals, please complete this section.
Property address or legal description:
I/We the undersigned owner(s) of property described above want to:
(check one) _Protest _Support
the creation of Special Improvement District No. 721-Special Improvement Lighting District
No. 721 for the purpose of maintaining lighting and assessing the cost for maintenance and
energy to Baxter Meadows West PH 3B,
Signature: Printed Name: Date:
Signature: Printed Name: Date:
Signature: Printed Name: Date:
Signature: Printed Name: Date:
FOR CITY CLERK'S OFFICE USE ONLY
Protest/Support Form received by City Clerk on 2014 at AM/PM.
City of Bozeman
Special Improvement Lighting District Creation
Protest/Support Form
PART 2 - Property owned by corporations, LLC, trusts or other organizations
please complete this section.
Entity/Owner Name:
Property address or legal description:
I/We the undersigned as legally authorized representative(s) of the organization that owns the
above listed property want to
(check one) _Protest _Support
the creation of Special Improvement District No. 721-Special Improvement Lighting District
No. 721 for the purpose of maintaining lighting and assessing the cost for maintenance and
energy to Baxter Meadows West PH 3B.
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
FOR CITY CLERK'S OFFICE USE ONLY
Protest/Support Form received by City Clerk on / /2014 at AM/PM
City of Bozeman
Special Improvementlighting District Creation
Protest/Support Form
PART 3 - Property owned as part of a condominium, please complete this
section.
For protests regarding condominiums such protests must conform to the requirements of Sect. 7-12-
4137, MCA.A condominium protest must include:
• a writing identifying the condominium property;
• the condominium declaration or other condominium document that shows how votes of unit
owners in the condominium are calculated;
• original signatures of owners of units in the condominium having an undivided ownership
interest in the common elements of the condominium sufficient to constitute an affirmative
vote for an undertaking relating to the common elements under the condominium declaration;
and
• a certificate signed by the president, vice president, secretary, or treasurer of the condominium
owners' association certifying that the votes of the unit owners as evidenced by the signatures
of the owners are sufficient to constitute an affirmative vote of the condominium owners'
association to protest against the proposed work or against the extent or creation of the district,
or both.
Identification of the condominium property:
Street address or legal description of the condominium property:
I, president, vice president, secretary or treasurer of the above identified condominium owners
association do hereby certify, I am the of the
and do hereby certify the votes of the unit owners as
evidence by the attached document is sufficient to constitute an affirmative vote of the
condominium owners' association to protest the proposed work or against the extension or
creation of SID No. 721, or both.
Signature: Printed Name: Title: Date:
FOR CITY CLERK'S OFFICE USE ONLY
Protest/Support Form received by City Clerk on /2014 at.:_AM/PM.
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