HomeMy WebLinkAboutResolution 4631 Intent to Create Special Improvement SILD 729 Valley West so2�
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COMMISSION RESOLUTION NO. 4631
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
729 (THE LAKES AT VALLEY WEST SUBDIVSION PHASES 1 & 2 DURSTON RD)
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 Subdivision Phases 1 & 2 Durston Rd (the "District") for the purpose of, maintenance and
energy costs. The district will pay the maintenance and energy costs for eleven (11) Kim
Lighting, Archetype Large PicoPrism LED Series Fixtures, with 38' 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: $8.91
for the 188-watt fixtures, for a total of$98.03 per month or$1,176.31 annually.
Page 1 of 10
Resolution 4631, Intent to Create Lighting District 729
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.729 (The Lakes at Valley West
Subdivision Phases 1 &2 Durston Rd) 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$1,176.31 and shall be
Page 2 of 10
Resolution 4631, Intent to Create Lighting District 729
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
103.95 acres, or 4,528,062 square feet. The initial costs of the Improvements per acre shall be
$11.32 or$0.00026 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $1,176.31, 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 $16.13 per acre, or $0.00037 per square
foot.
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Section 7
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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
Page 3 of 10
Resolution 4631, Intent to Create Lighting District 729
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 8, 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 September 14, 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 23, 2015
and August 30, 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,
Page 4 of 10
Resolution 4631, Intent to Create Lighting District 729
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 17th of August, 2015.
JE F . KRAUSS
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ATTEST: s ' >
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STAB .ULEN, CMC ,
City Clergy II'`� -o.
APPROVED AS TO FORM:
GRE LLIVAN
City Attorney
Page 5 of 10
Resolution 4631, Intent to Create Lighting District 729
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. 4631, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 729 (THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1 & 2
DURSTON RD) 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
August 17, 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
{ 6
following ommissionervoted in favor thereof:
voted against the same: ; abstained from voting
thereon: �; or were absent:
WITNESS my hand officially this 18th day of August, 2015.
W
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"acy Ulmen, CMC
ity-Clerk /1
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Resolution 4631, Intent to Create Lighting District 729
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 729
(THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1 & 2 DURSTON RD)
CITY OF BOZEMAN,MONTANA
NOTICE IS HEREBY GIVEN that on August 17, 2015, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted a Resolution of Intention
No. 4631 to create Special Improvement Lighting District No. 729 (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 Durston Rd, and paying maintenance and energy costs relating
thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 4631 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
I
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.
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The district will pay the maintenance and energy costs for eleven (11) Kim Lighting, Archetype
Large PicoPrism LED Series Fixtures, with 38' 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: $8.91 for the 188-watt
fixtures, for a total of$98.03 per month or$1,176.31 annually.
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 $1,176.31 per year for
Resolution 4631, Intent to Create Lighting District 729
the entire District. The total area of the District to be assessed is 103.95 acres, or 4,528,062
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $11.32, or $0.00026 per square foot. 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$16.13 per acre, or .00037 per square foot.
On Monday, September 14, 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, September 8, 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 4631, Intent to Create Lighting District 729
Dated: August 17, 2015
BY ORDER OF THE CITY COMMISSION
OF T "CITY----OF,.,.__-OF,. BOZEMAN, MONTANA
tacy U en, CMC
pity�-
Legal Ad
Publication Dates: Sunday, August 23, 2015 & Sunday, August 30, 2015
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Resolution 4631, Intent to Create Lighting District 729
COMMISSION RESOLUTION NO. 4631
Resolution of Intent to create SILD No. 729 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to The Lakes at Valley West Subdivision Phases 1
&2 Durston Rd, 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. 729, as listed in Exhibit "B", in the U.S. Post Office at BQzb'gyf Monfana,
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on Friday,August 21 st, 2015, directed to the owners at the addresses shown on hibit"W
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` acy Ulm'en, C1VIC�=1L
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Subscribed and sworn before me this t day ofAftnst,2015.
HEATHER BIENVENUE 1
Notary Public
)the State of Mantan�
Residing at: '
,SEAL,��, Bozeman, Montana
oF.ino ,, My Commission Expires:
January 26,20 18
Printed name
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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