HomeMy WebLinkAboutResolution 4549 Intention to modify Special Improvement Lighting District 714, Southbridge Phase I, IA, II & 3 BO
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COMMISSION RESOLUTION NO. 4549
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
714 (SOUTHBRIDGE PHASE I—SILD NO. 714) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO MODIFY THIS DISTRICT TO
INCLUDE SOUTHBRIDGE PH I, IA, II & III. THIS DISTRICT IS CREATED 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 Modify District #714; Proposed Improvements. It is the
intention of this Commission to modify and establish in the City under Montana Code
Annotated, Title 7, Chapter 12, Part 4341, as amended, a special improvement lighting district to
serve the Southbridge Phase I, IA, II & III (the "District") for the purpose of, maintenance and
energy costs. The district will pay for maintenance and energy costs for (12) Centrecon Series,
"M" Medium Octagonal Embedded Pole with an Avalume horizontal luminary fixtures (the
"Fixtures"), which will be 150-watt fixtures mounted at 31 feet; at the locations shown on
Exhibit A (the "Improvements"). The initial monthly charges per fixture per month (the
"Monthly Charge") are estimated as follows: $4.32 for the 150-watt fixtures, for a total of
$51.90 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.714
(Southbridge Phase 1, IA, II & III) of the City of Bozeman, Montana.
Page 1 of 8
Resolution 4549, modifying SILD 714
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.
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. This modifies the existing district by adding adjacent
area and distributing lighting costs to a wider group of benefitted properties.
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 $622.80 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 15.46 acres, or 673,496 square feet, exclusive of parks and
open space. The initial maintenance and energy costs of the Improvements per acre shall be
$40.28 or$0.00093 per square foot annually.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs are estimated at $622.80, 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.
Page 2 of 8
Resolution 4549, modifying SILD 714
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 $72.62 per acre, or $0.00167
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 (September 15, 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)
Page 3 of 8
Resolution 4549, modifying SILD 714
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 September 22, 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 August 3Is' and September 7th, 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 25"' day of August 2014.
JEFFRE I&AUSS
MAXOR
ATTES :
Yt
ST C L EN, CMC
Ci Cl
APPROVED AS TO FORM:
6�p, �
GRE` ULIJVAN
City Attorney
Page 4 of 8
Resolution 4549, modifying SILD 714
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. 714, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, August 29, 2014, directed to the owners at the addresses shown on Exhibit "B".
S cy Ul en, CMC
C C
Subscribed and sworn to before me this 29"' day of August, 2014.
(Notarial Seal)
��eo uNo, AIMEE BRUNCKHORST
NOTARY PUBLIC for the Printed name
State of Montana
N`•.SEAL Residing at Belgrade,Montana Notary Public for the State of Montana
�; ..,..,... P2 My Commission Expires
December 04,2016 Residing at Bozeman, Montana
My Commission expires:
Resolution 4549, modifying SILD 714
Written protests against the creation or extension of the District and the costs may be
fled 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, September 15, 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: August 25, 2014
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
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PHONE(406)586-0262 FAX(406)586-5740
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Resolution 4549, modifying SILD 714
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 714
(SOUTHBRIDGE PHASE I, IA, II & III)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 25, 2014, 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. 714 (the "District") for the purpose of
maintaining lighting and assessing the cost for maintenance and energy to Southbridge
Subdivision Ph I, IA, II & III, 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 (12) Centrecon Series, "M" Medium
Octagonal Embedded Pole with an Avalume horizontal luminary fixtures (the "Fixtures"), which
will be 150-watt fixtures mounted at 31 feet; at the locations shown on Exhibit A (the
"Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge") are
estimated as follows: $4.32 for the 150-watt fixtures, for a total of $51.90 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 $622.80
per year for the entire District. The total area of the District to be assessed is 15.46 acres, or
673,496 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $40.28, or$0.00093 per square foot. On an average size lot of 7,800 square feet
the annual estimated cost would be $7.25, 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 $72.62 per acre, or $0.00167
per square foot. This modifies the existing district by adding adjacent area and distributing
lighting costs to a wider group of benefitted properties.
On Monday, September 22, 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 4549, modifying SILD 714
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. 4549, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 714 (SOUTHBRIDGE PH I, IA, I1 & II1) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO MODIFY 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 August 25, 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: OIL. nnm-i�jk; voted
against the same: _ ; abstained from voting thereon: _; or were absent: ( c'
WITNESS my hand officially this 26th day of August 2014.
St Ulm , CMC
Ci Clerk
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