HomeMy WebLinkAboutResolution 4615 Intention to Create Special Improvement Lighting District 727 Southbridge Subdivision Phase IV-V 88
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COMMISSION RESOLUTION NO. 4615
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
727 (SOUTHBRIDGE SUBDIVISION PHASE IV-V) 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 Southbridge
Subdivision Phase IV-V (the "District") for the purpose of, maintenance and energy costs. The
district will pay the maintenance and energy costs for ten (10) Centrecon Series, "M" Medium
Octagonal Embedded Pole with an Avalume horizontal luminary fixtures (the "Fixtures"), which
will be mounted at 26'3"; at the locations shown on Exhibit A (the "Improvements"). The
initial monthly charges per fixture per month (the "Monthly Charge") are estimated as follows:
$5.85 for the 167-watt Centrecon Series fixtures, for a total of$58.52 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.727 (Southbridge Subdivision
Page 1 of 10
Resolution 4615, Intent to Create Lighting District 727
Phase IV-V) 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.
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 $702.20, 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
13.48 acres, or 587,013 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be $52.09 or $0.00119 per square foot annually.
Page 2 of 10
Resolution 4615, Intent to Create Lighting District 727
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $702.24, 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$1,202.24 per acre, or $0.00205 per square foot.
Section 7
Extraordinary Repair 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.
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.
Page 3 of 10
Resolution 4615, Intent to Create Lighting District 727
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 10, 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 August 17, 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 July 26, 2015 and
August 2, 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.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 13th of July, 2015.
*FFRY K. KRAUSS
Mayor
Page 4 of 10
Resolution 4615, Intent to Create Lighting District 727
ATTEST:
SAC' ~ LMEN,-. C - =
City Clerk
°
1 ea ° t�7,1, C 0.
APPROVED AS TO FORM:
GREGULLIVAN
City Attorney
Page 5 of 10
Resolution 4615, Intent to Create Lighting District 727
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. 4615, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 727 (SOUTHBRIDGE SUBDIVISION PHASE IV-V) 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 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:
voted against the same: ; abstained from voting
thereon: ; or were absent:
WITNESS my hand officially this 14th day of July, 2015.
14 .
Stac rj*en, CMC
City Cleric
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Resolution 4615, Intent to Create Lighting District 727
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 727
(SOUTHBRIDGE SUBDIVISION PHASE IV-V)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 13, 2015, the City Commission (the
"Commission") of the City of Bozeman, Montana(the "City"), adopted a Resolution of Intention
No. 4615 to create Special Improvement Lighting District No. 727 (the "District") for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to
Southbridge Subdivision Phase IV-V, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 4615 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 ten (10) Centrecon Series,
"M" Medium Octagonal Embedded Pole with an Avalume horizontal luminary fixtures (the
"Fixtures"), which will be mounted at 26'3"; at the locations shown on Exhibit A (the
"Improvements"). The initial monthly charges per fixture per month (the "Monthly Charge")
are estimated as follows: $5.85 for the 167-watt Centrecon Series fixtures, for a total of$58.52
per month.
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 $702.24
per year for the entire District. The total area of the District to be assessed is 13.48 acres, or
587,013 square feet, exclusive of parks and open space. The initial costs of the Improvements
Resolution 4615, Intent to Create Lighting District 727
per acre shall be $52.09, or$0.00119 per square foot. On an average size lot of 8,761 square feet
the annual estimated cost would be $10.43, 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$1,202.24 per acre, or
.00205 per square foot.
On Monday, August 17th, 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, August 10, 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.
Dated: July 14, 2015
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
Resolution 4615, Intent to Create Lighting District 727
0 ® n
Stacy tjlm 5n &C'
City Clerk
_ 188
L�'IIIC0' .
Legal Ad
Publication Dates: Sunday, July 26, 2015 & Sunday, August 2, 2015
Resolution 4615, Intent to Create Lighting District 727
COMMISSION RESOLUTION NO. 4615
Resolution of Intent to create SILD No. 727 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Southbridge Subdivision Phase IV-V, 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. 727, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, July 24th, 2015, directed to the owners at the addresses shown on Exhibit ""0 Z
Stacy Ulmen, CMC
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City�rk
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Subscribed and sworn before me this 24th day of July, 2015.
(Notarial Seal)
HEATHER ! `
E�RN--
Myp ; Notary pul� Printed name
ac?c:for the State of MontaZZ m= Residing?t:
; Bozeman, Montana
L � commission Expires Notary Public for the State of Montana
MY January 26,201i
Residing at: see seal
Commission expires: see seal
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SUBDIVISION 895 TECHNOLOGY ELVID,SUITE 203, DRAWN BY:CGB
PHASE IV-V EOZEMAN,MT 59718 DATE: 4/20/15
STREET LIGHTING PLAN PHONE(406)586-0262 FAX(406)586-5740
J.O.#:12-106
221
Exibit B
Southbridge Subdivision Phase IV-V
Acct#157470
Common C
Ownership: Parkland
Andy Holloran Lots
202 N Tracy Ave Right-of-W
Bozeman, MT 59715
Total AC
Block 8 Lot Sq Ft
1 12,849
2 20,473
3 79,105
4 9,670
5 9,937
Block 9 1 6,692
2 5,577
3 5,809
4 5,809
5 5,556
6 5,559
7 5,190
8 5,162
9 5,041
10 5,076
11 6,209
12 6,221
13 5,082
14 5,313
15 5,598
16 5,577
17 5,577
18 5,577
19 5,809
20 5,809
21 5,577
22 6,692
Block 10 1 8,598
2 7,402
3 7,400
4 7,398
5 7,396
6 7,395
7 7,393
8 7,391
9 8,650
222
Block 11 1 8,640
2 7,380
3 7,380
4 7,380
5 7,380
6 7,380
7 7,380
8 7,380
9 7,380
10 7,380
11 7,380
12 7,380
13 11,408
Block 12 1 8,633
2 7,374
3 7,374
4 7,374
5 7,373
6 7,373
7 7,372
8 7,372
9 7,371
10 7,371
11 7,371
12 12,267
13 11,187
14 14,171
15 14,235
16 8,834
17 8,768
18 8,396
Total Assessable
Square Footage 587,013
223
3.313 AC
2.556 AC
11.939 AC
6.447 AC
24.255
224