HomeMy WebLinkAboutResolution 4620 Intention to Create Special Improvement Lighting Disctrict 728 The Lakes at Valley West, Phases I and II 130
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COMMISSION RESOLUTION NO. 4620
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
728 (THE LAKES AT VALLEY WEST, PHASES I AND II) 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 The Lakes at Valley
West, Phases I and II (the "District") for the purpose of, maintenance and energy costs. The
district will pay the maintenance and energy costs for six (6) Kim Lighting, Archetype Large
PicoPrism LED Series Fixtures, with 35' tall embedded poles in hunter green TGIC powder coat
finish shown on Exhibit A (the "Improvements"). The initial monthly charges per fixture per
month (the "Monthly Charge") are estimated as follows: $8.32 for the 95-watt fixtures, for a total
of$49.93 per month. The district will also pay the maintenance and energy costs for six (6) Kim
Lighting, Archetype Small PicoEmitter LED Series Fixtures, with 25' tall embedded poles in
dark bronze TGIC powder coat finish shown on Exhibit A (the "Improvements"). The initial
monthly charges per fixture per month (the "Monthly Charge") are estimated as follows: $5.69
for the 65-watt fixtures, for a total of$34.14 per month. The district will also pay the
Page 1 of 10
Resolution 4620, Intent to Create Lighting District 728
maintenance and energy costs for 9 (nine) Cree Edge Series LED Pathway Luminaries with 8'
tall poles in bronze powder coat finish shown on Exhibit A (the "Improvements"). The initial
monthly charges per fixture per month (the "Monthly Charge") are estimated as follows: $1.99
for the 34-watt Luminaries, for a total of 17.91 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.728 (The Lakes at Valley West,
Phases I and II) 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.
Page 2 of 10
Resolution 4620, Intent to Create Lighting District 728
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 $754.79, 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
48.39 acres, or 2,107,868 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be $15.60 or $0.00036 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $754.79, 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$1,254.79 per acre, or $0.00060 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.
Page 3 of 10
Resolution 4620, Intent to Create Lighting District 728
Section S
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., MT., on the
expiration date of said 15-day period (August 17, 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 24, 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 August 2, 2015
Page 4 of 10
Resolution 4620, Intent to Create Lighting District 728
and August 9, 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 27th of July, 2015.
1
JEF`FRL K.KRAUSS
IYlyor
ATTEST:
BO
ST C U V ®�
City Cler '. ��Io
C01
APPROVED AS TO FORM:
.,wry x
r
GREG LLIVAN
City Attorney
Page 5 of 10
Resolution 4620, Intent to Create Lighting District 728
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. 4620, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 728 (THE LAKES AT VALLEY WEST, PHASES I AND II) 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 27, 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: ,ktVnMQA1 �
` s ; voted against the same: ; abstained from voting
thereon: ; or were absent:
1-j0 '
a . � ,,
WITNESS my hand officially this 28th day of July, 2015. a ^J
Stacy lm MC a u 1883
City C erk f l v#�0 �`�
Resolution 4620, Intent to Create Lighting District 728
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 728
(THE LAKES AT VALLEY WEST,PHASES I AND II)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 27, 2015, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention
No. 4620 to create Special Improvement Lighting District No. 728 (the "District") for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to The Lakes
at Valley West, Phases I & II, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 4620 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 six (6) Kim Lighting,
Archetype Large PicoPrism LED Series Fixtures, with 35' tall embedded poles in hunter green
TGIC powder coat finish shown on Exhibit A (the "Improvements"). The initial monthly
charges per fixture per month(the "Monthly Charge") are estimated as follows: $8.32 for the 95-
watt fixtures; for a total of $49.93 per month. The district will also pay the maintenance and
energy costs for six (6) Kim Lighting, Archetype Small PicoEmitter LED Series Fixtures, with
25' tall embedded poles in dark bronze TGIC powder coat finish shown on Exhibit A (the
"Improvements"). The initial monthly charges per fixture per month(the "Monthly Charge") are
estimated as follows: $5.69 for the 65-watt fixtures, for a total of$34.14 per month. The district
will also pay the maintenance and energy costs for 9 (nine) Cree Edge Series LED Pathway
Luminaries with 8' tall poles in bronze powder coat finish shown on Exhibit A (the
Resolution 4620, Intent to Create Lighting District 728
"Improvements"). The initial monthly charges per fixture per month(the "Monthly Charge") are
estimated as follows: $1.99 for the 34-watt Luminaries, for a total of 17.91 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 $754.79
per year for the entire District. The total area of the District to be assessed is 48.39 acres, or
2,107,868 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $15.60, or$0.00036 per square foot. On an average size residential lot of 4,571
square feet the annual estimated cost would be $1.65, 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 $1,254.54 per
acre, or .00060 per square foot.
On Monday, August 24, 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 17, 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
Resolution 4620, Intent to Create Lighting District 728
telephone at (406) 582-2320.
Dated: July 28, 2015
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
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Publication Dates: Sunday, August 2, 2015 & Sunday, August 9, 2015
Resolution 4620, Intent to Create Lighting District 728
COMMISSION RESOLUTION NO. 4620
Resolution of Intent to create SILD No. 728 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to The Lakes at Valley West, Phases I and II, 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. 728, as listed in Exhibit "B", in the U.S. Post Office at Bozeman,,Montana,
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on Friday, July 31st, 2015, directed to the owners at the addresses shown on E bj qH11��
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St c T nen, CMV,
Ciy Clerk
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Subscribed and sworn before me this 31St day of July, 2015.
(1 tWl Sca1PEATHER BIENVENUE '
F Notary Public
;'�oTnR�q<?m=^for the State of Montana
*. *� Residing at:
SEAL."* Bozeman, Montana
M Commission Expires: Printed name
Y
January 26, 2018 1
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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Exhibit B
The Lakes at Valley West
Acct#145930𠙜
Ownership:
The Lakes at Valley West Bozeman LLC
4515 N 56th St
Phoenix,AZ 85018
Tract Sq Ft
1 1,798,549
2A 1,028,016
Total Sq Ft 2,826,565 64.89 Acres
Less ROW, Open Space
&Parkland 719,176 16.51 Acres
Assessible Sq Footage 2,107,868 48.39 Acres
Total Assessable
Square Footage -