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HomeMy WebLinkAboutResolution 4591 Intent of Creating Special Improvement Lighting District 725 Partridge Downs Subdivision 88 9ZlN Co.0.0 COMMISSION RESOLUTION NO. 4591 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 725 (PARTRIDGE DOWNS SUBDIVISION) 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 Partridge Downs Subdivision (the "District") for the purpose of, maintenance and energy costs. The district will pay the maintenance and energy costs for two (2) 158-watt, Gardco, EcoForm lights which are LED fixtures, mounted on a tapered steel pole at 38' and two (2) 69-watt, Gardco, EcoForm lights which are LED fixtures mounted on a tapered steel pole at 25' (the "Fixtures"); at the locations shown on Exhibit A (the "Improvements"). The light housing on all fixtures is die-cast aluminum and is finished with a hunter green powder-coated paint. The poles are also finished with powder-coated hunter green paint. The initial monthly charges per fixture per month (the "Monthly Charge") are estimated as follows: $22.89. Page 1 of 10 Resolution 4591, Intent to Create Lighting District 725 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.725 (Partridge Downs Subdivision) 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 PropertX. 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 $274.68, and shall be assessed against each lot,tract or parcel of land in the District for that part of the costs that the Page 2 of 10 Resolution 4591, Intent to Create Lighting District 725 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 3.77 acres, or 164,400 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $72.86 or $0.001671 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $274.68,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$132.63 per acre, or $0.004712 per square foot. Section 7 ExtraordinM 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 Page 3 of 10 Resolution 4591, Intent to Create Lighting District 725 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 4, 2015) 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 May 11, 2015 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 April 19, 2015 and April 26, 2015, 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 4 of 10 Resolution 4591, Intent to Create Lighting District 725 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th of April, 2015. i JEF USS M r ATTEST: 3 O — STA v U Ny1VIC1t City Cale 1`ti' Co. APPROVED AS TO FORM: G SULLIVAN City Attorney Page 5 of 10 Resolution 4591, Intent to Create Lighting District 725 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. 4591, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 725 (PARTRIDGE DOWNS SUBDIVISION) 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 April 13, 2015, 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: k t a voted against` e same: abstained from voting thereon: ; or were absent: WITNESS my hand officially this 14th day df N41'I 015:, , fttlmc v -S`ta U ylri�n, CMC.. Resolution 4591, Intent to Create Lighting District 725 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 725 (PARTRIDGE DOWNS SUBDIVISION) CITY OF BOZEMAN,MONTANA NOTICE IS HEREBY GIVEN that on April 13, 2015, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention No. 4591 to create Special Improvement Lighting District No. 725 (the "District") for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Partridge Downs Subdivision, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the "Resolution") No. 4591 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 district will pay the maintenance and energy costs for two (2) 158-watt, Gardco, EcoForm lights which are LED fixtures, mounted on a tapered steel pole at 38' and two (2) 69-watt, Gardco, EcoForm lights which are LED fixtures mounted on a tapered steel pole at 25' (the "Fixtures"); at the locations shown on Exhibit A (the "Improvements"). The light housing on all fixtures is die-cast aluminum and is finished with a hunter green powder-coated paint. The poles are also finished with powder-coated hunter green paint. The initial monthly charges per fixture per month (the "Monthly Charge") are estimated as follows: $22.89. 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 $274.68 Resolution 4591, Intent to Create Lighting District 725 per year for the entire District. The total area of the District to be assessed is 3.77 acres, or 164,400 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $72.86, or $0.001671 per square foot. On an average size lot of 5,480 square feet the annual estimated cost would be $9.16, 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$132.63 per acre, or $0.004712 per square foot. On Monday, May llth, 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 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, May 4th, 2015. 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. Resolution 4591, Intent to Create Lighting District 725 Dated: April 14, 2015 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA Stad�,Ul nen, CMC City Clerk Legal Ad Publication Dates: Sunday, April 19, 2015 & Sunday,April 26, 2015 Resolution 4591, Intent to Create Lighting District 725 COMMISSION RESOLUTION NO. 4591 Resolution of Intent to create SILD No. 725- for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Partridge Downs Subdivision, 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. 725, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday,April 17th 2015, directed to the owners at the addresses shown on Exhibit "B". Stacy Ulmen, CMC City Cl rk Subscribed and sworn before me this day of April, 2015. � al S�� HR BIENVENUE Fy= Ngtary Public T 4 Te'•No�_^ �q�.m for the State of Montana .1 � *; Residing at: ' LP Ny 51`.AL,�Q,; Bozeman, Montana ' F,: , °`Printed name Mp�, My Commission Expires: January 26, zoi a Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal to �_ € ? 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V r� I — MEATCIHER AVENUE AVENUE T =I I I ENOE�PLAT J-280-j fn s� `�C)A I ZQ,yJNa R-2 �n 010,10 81M, OAK RING „1113 MIME 1 Jill C o� a E avwu a `, � ¢¢ Z n R2 F�FE f`�s L q Ll I F § € ci L _ i — , — ,/ e 8 " � y I 45 g' 0 E i PARTRIDGE DOWNS Q covE2 sir VISION DEVELOPMENT, INC. � O a BOZEMAN, MONTANA Exibit B Partridge Downs Subdivision Parcel 2A COS 501 Ownership: Vision Development Inc PO Box 1858 Bozeman, MT 59771 Block 1 Lot Sq Ft 1 7014 2 5036 3 5036 4 5036 5 5036 6 5036 7 5036 8 5036 9 5122 10 5402 11 5584 12 5203 13 5266 14 6156 Block 2 1 6792 2 5206 3 5226 4 5245 5 5265 6 5284 7 5304 8 6335 9 6334 10 5303 11 5284 12 5264 13 5245 14 5226 15 5206 16 6882 Total Assessable Square Footage 164400 Open Space 6061