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COMMISSION RESOLUTION NO. 4647
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN,MONTANA,RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 460 (N. 7Tx AVENUE) DECLARING IT
TO BE THE INTENTION OF THE CITY COMMISSION TO
MODIFY THE DISTRICT FOR ASSESSING THE COSTS FOR
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:
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Section 1. Intention to Modify District 460; 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 N.
7th Avenue between a point 140 feet north of Main Street to the northern edge of the Oak Street
right-of-way and adjacent streets east and west of side N. 7th Avenue for a distance of 115 feet
either side of side N. 7 th Avenue,
(the "District")) for the purpose of paying energy and
maintenance costs. The City will maintain and pay energy costs for the modified and
unmodified portions of the District. The modified portion of the district is being expanded to
include areas from the Oak Street intersection to the Peach Street intersection. It also converts
the fixtures in the initial modified district to LED fixtures. The modified portion of the District
includes 45 fixtures (the "Fixtures"), of which will be Phillips Domus Series, 135W LED at 25
feet and 4 fixtures mounted on signal standards, of which will be Phillips Domus Series, 215W
LED at 45 feet; at the locations shown on Exhibit A (the "Improvements"). The unmodified
portion of the District includes 15-20OW HPS cobra head mounted on 30 feet high steel poles
with power fed by a single overhead wire. It is estimated that energy costs for the new 135-watt
fixtures will be $5.65 per fixture per month; costs for the 215-watt fixtures will be $9.00 per
fixture per month; and the 200-watt HPS fixtures in the unmodified portion of the district will be
$32.38 per fixture per month. The unmodified portion is also charged a monthly charge for
maintenance of the lights and is estimated at $7.45 per month.
Section 2. Number of District. The District, if the same shall be modified and
established, shall continue to be known and designated as Special Improvement Lighting District
No. 460 (N. 7th Avenue) of the City of Bozeman, Montana.
Section 3. Boundaries of District. The limits and boundaries of the District are
Page 1 of 4
Resolution 4647,bztent to Modify Special Improvement Lighting District 460
depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a
part hereof). A listing of each of the properties owners 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
maintenance and energy and will be assessed for the energy costs and a portion of the
maintenance as described in Section 1. The maintenance and energy, 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 maintenance and
energy provided.
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
lineal feet of frontage method of assessment described in Sections 7-12-4324, M.C.A., as
particularly applied and set forth in this Section 5. The annual maintenance and energy costs are
estimated at $3,483.00 per year for the modified portion of the District and $7,169.40 for the
unmodified portion of the District, and shall be assessed against each lot, tract or parcel of land
in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to
the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues
and alleys. The total lineal frontage of the District to be assessed is 8,370 feet. The initial
maintenance and energy costs of the Improvements per shall be $0.76 per lineal foot annually for
the modified portion of the District and$1.90 per lineal foot for the unmodified portion.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs is estimated at $10,652.40, 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.
Section 7. ExtraordinarRepair 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
Page 2 of 4
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Resolution 4647,Intent to Modify Special Improvement Lighting District 460
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
maintenance and energy costs may make and file with the Clerk of the Commission until 5:00
p.m., M.T., on the expiration date of said 15-day period (October 26, 2015) written protest
against the proposed Improvements, 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 October 26, 2015, at 6:00 p.m., in the
City Commission Room of City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
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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 October 11th, 2015 and October 18th, 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
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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 5th day of October, 2015.
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APPROVED TO FORM:
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G LLIVAN
City Attorney
Page 3 of 4
Resolution 4647,Intent to Modify Special Improvement Lighting District 460
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. 4647, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 460 DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO MODIFY THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING 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 at a meeting on October 5tn,
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: 14ftc toe_
; voted
against the same: ; abstained from voting thereon: ; or were absent:
WITNESS my hand officially this day of October, 2015.
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Page 4 of 4
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460
(N 7th Avenue)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 5, 2015, 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. 460 (the "District") for assessing the costs
for maintenance and energy therefore to benefitted property by the levy of Special Assessment.
i
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 for the modified and unmodified
portions of the District. The modified portion of the district is being expanded to include areas
from the Oak Street intersection to the Peach Street intersection. It also converts the fixtures in
the initial modified district to LED fixtures. The modified portion of the District includes 45
fixtures (the "Fixtures"), of which will be Phillips Domus Series, 135W LED at 25 feet and 4
fixtures mounted on signal standards, of which will be Phillips Domus Series, 215W LED at 45
feet; at the locations shown on Exhibit A (the "Improvements"). The unmodified portion of the
District includes 15-20OW HPS cobra head mounted on 30 feet high steel poles with power fed
by a single overhead wire. It is estimated that energy costs for the new 135-watt fixtures will be
$5.65 per fixture per month; costs for the 215-watt fixtures will be $9.00 per fixture per month;
and the 200-watt HPS fixtures in the unmodified portion of the district will be $32.38 per fixture
per month. The unmodified portion is also charged a monthly charge for maintenance of the
lights and is estimated at$7.45 per month.
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 lineal feet of frontage method of assessment
described in Sections 7-12-4324, M.C.A., as particularly applied and set forth in this Section 5.
The annual maintenance and energy costs are estimated at $3,483.00 per year for the modified
portion of the District and $7,169.40 for the unmodified portion of the District, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs that the
lineal frontage of.such lot, tract or parcel bears to the total area of all lots, tracts or parcels of
I
frontage in the District, exclusive of streets, avenues and alleys. The total lineal frontage of the
District to be assessed is 8,370 feet. The initial maintenance and energy costs of the
Improvements per shall be $0.76 per lineal foot annually for the modified portion of the District
and$1.90 per lineal foot for the unmodified portion. C
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On Monday, October 26th, 2015, at 6:00 p.m., in the Commission Room at City Hall
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121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing and r
pass upon all written protests against the creation or extension of the District, or the
Improvements.
Written may b protests against the creation or extension of the District and the costs
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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, October 26 2015. C
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 f
telephone at(406) 582-2320. G
G
Dated: October 6, 2015
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN,MONTANA !,
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➢ fir: _' 3
to U men,
City Clerk Il`�
Legal Ad
Publication Dates: Sunday, October 11, 2015 & Sunday, October 18, 2015
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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. 460, as listed in Exhibit "B", in the U.S. Post Office at Bozeman;Montana,
on Friday, October 9, 2015, directed to the owners at the addresses shown on',Fx�btt''I3 .
111 Bur
St cy lm n, CMC
City Clerk
Subscribed and sworn to before me this 9t14 day of October,2015.
HEATHER BlENV'-NUE
a� Notary Publics
�o`fir --for the State of Montana
Residing at:
N�.SEAL Bozeman, Montana
',9rFaF•Mo P; My Commission Expiros:
��,,,,,,, January.26,2018 Printed name
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires:
- EXHIBIT A
A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO SERVE THE N.7th AVENUE BETWEEN A POINT 140 FEET NORTH
OF MAIN STREET TO THE NORTHERN EDGE OF THE OAK STREET RIGHT-OF-WAY AND ADJACENT STREETS EAST
AND WEST OF SIDE N.7th AVENUE FOR A DISTANCE OF 115 FEET EITHER SIDE OF N.7th AVENUE
I
LEGEND: W. OAK ST
® NEW E1 215 W LED FIXTURE ON SIGNAL(45'HEIGHT) � ! a
NEW E2 135 W LED FIXTURE ON SIGNAL 25'POLE a
EXIST.20OW HPS FIXTURE ON 30'POLE
a
PARCEL LINES IMPORTED AND SCALED —
(BEST FIT)FROM MONTANA STATE
CADASTRAL GIS DATA. W. BT
a —
a
-C '-ST
W.JUN PER S — —MODIf1ED-POR ION OF SILD
E1 LUMINAIRES(L D)=4EA
E2 LUMINAIRES(L D)=41 EA
AR C
GASP S
-URS-TO
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V1 BD S- a -
UNMODIFIED P R III N OF SILD
COBRA EA L M N IR P
NH NO
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ST ( IN FETi
TT—I ] i I — _
MORRISON Engineers 2880 Technology Blvd.W. DRAWN BY: JCH NORTH 7th AVENUE PROJECTNO.
sunre}rors Bozeman MT59718 CHKD.BY: KDJ LIGHTING IMPROVEMENTS O417.063
MAIERLE,INC, scanusls BOZEMAN MT
Phone:(406)587-0721 APPR.BY: KDJ
Planners
Fax:(408)922-6702 FIGURE NUMBER
An Employee-Owned Co®may DATE:08P2015
coevrucnr®uonwsonuEmE,No,2— SILD 460-MODIFICATION �j�• e
N:\0 41 710 6 31ACADWxhlbIts\SILD PHASE 2 Exhibit.dwg Plotted by kevin jacobsen on Aug/12t2015 .tom 1,
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