HomeMy WebLinkAboutResolution 4677 SID 731 o
88
COf��t�
COMMISSION RESOLUTION NO. 4677
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
731 (ALLISON SUBDIVISION PHASE III) 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 c
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 Allison Subdivision
Phase III (the "District") for the purpose of, maintenance and energy costs. The district will pay
the maintenance and energy costs for two (2) Philips Gardco PureForm 21" fixtures with a 9"
standard arm and standard mounting. Philips Gardco PurForm luminaries combine LED
performance excellence and advanced Gardco LED thermal Management technology. The 167
watt LED fixtures feature a state of the art integral thermal control system to maximize LED
performance and life and will have a bronze powder coat finish (the "Fixtures) , which will be
mounted at 35'; 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
�I
LED for a total of$11.70 per month.
Section 2
I
i
N�
f
Page 1 of 10 i
i
1j
t
Resolution 4677,Intent to Create Lighting District 731
Number of District. The District, if the same shall be created and established, shall be known
and designated as Special Improvement Lighting District No.731 (Allison Subdivision Phase III)
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 Prosy. 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
u
benefit. The property included within said limits and boundaries is hereby declared to be the
property benefited by the Improvements.
�I
;
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 $140.40, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs that the
i�
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'
Page 2 of 10
Ij
Resolution 4677,Intent to Create Lighting District 731
2.44 acres, or 106,075.00 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be$57.54 or$0.00132 per square foot annually.
Section 6
I
3
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at$140.40,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. The first year of special
assessment billing will include an additional amount not to exceed $500.00 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$221.48 per acre, or $0.00509 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
i
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
i
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 r
if a majority of the City Conunission votes to discontinue the District, the City Commission
I
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 li
i
I�
Page 3 of 10
Resolution 4677, Intent to Create Lighting District 731
operation of the lighting system, the maintenance and operation may not be discontinued until
after the expiration of the contract.
Section 9
Public Healing; 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 (March 28, 2016) 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 April 4, 2016 in the Commission Room at
City Hall, 121 N Rouse Avenue.
f
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed Ij
to publish or cause to be published a copy of a notice of the passage of this resolution in the
v
Bozeman Daily Chronicle, a newspaper of general circulation in the county on March 13, 2016
and March 20,2016 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.
ti
l;
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana,at a regular session thereof held on the 7th day of March,2016.
I
Page 4 of 10
Resolution 4677,intent to Create Lighting District 731
CARSON TAYLOR
Mayor
co
ATTEST:
s. `Y
"�;�� is'•.:," - „ n ,...e
P CIA;
STA .?46 ,
City Clerk k'F%trZ"' 0
APPROVED AS TO FORM:
f
GRE ULLIVAN
City Attorney
i
i
i
I
i
s
Page 5 of 10
1
Resolution 4677,Intent to Create Lighting District 731
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. 4677, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 731 (ALLISON SUBDIVISION PHASE III) 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 March 7, 2016, 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: 10,L � Dig OAS
voted against the same: ; abstained from voting
thereon: ; or were absent: �.
WITNESS my hand officially this 8th day of March,2016..a<���
Stac Ime 'aM
Y
City
rlA 4 ■ 0 AO
\�[`tea0 a
a a s a
1 E
Resolution 4677,Intent to Create Lighting District 731
COMMISSION RESOLUTION NO. 4677
Resolution of Intent to create SILD No. 731 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Allison Subdivision Phase III, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
ss
County of Gallatin )
T6 �t-ftwwn
Sty , City Clerk,being first duly sworn,says:
r
That I deposited a copy of the Notice in regards to the owners in Special Improvement
Lighting District No. 731, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, March 11 th, 2016, directed to the owners at the addresses shown on Exhibit "B".
City Clerk
Subscribed and sworn before me this 11 day of March,2016.
HEATHER PIENVE:PJUE
Otdr � Notary Public
r.'�OSAW,44.G.for the State of Montana
=r• —•- .m Y Redding at:
y.SGAL.�� Bozeman, Ivtontana
%9TF OF moc�: my Cornmission Fxpires. Printed name
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
ll
i
Resolution 4677, Intent to Create Lighting District 731
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 731
(ALLISON SUBDIVISION PHASE III)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on March 7, 2016, the City Commission (the
"Commission") of the City of Bozeman, Montana(the"City"), adopted a Resolution of Intention
No. 4677 to create Special Improvement Lighting District No. 731 (the "District") for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to Allison
Subdivision Phase III, and paying maintenance and energy costs relating thereto.
I
A complete copy of the Resolution of Intention (the "Resolution") No. 4677 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.
I
The district will pay the maintenance and energy costs two (2) Philips Gardco
t
PureForm 21" fixtures with a 9" standard aim and standard mounting. Philips Gardco PurForm
luminaries combine LED performance excellence and advanced Gardco LED thermal
Management technology. The 167 watt LED fixtures feature a state of the art integral thermal
control system to maximize LED performance and life and will have a bronze powder coat finish �I
(the "Fixtures) , which will be mounted at 35'; 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 LED for a total of$11.70 per month. G
All properties in the District will be assessed for their proportionate share of the costs of p
Resolution 4677,Intent to Create Lighting District 731
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 $140.40
per year for the entire District. The total area of the District to be assessed is 2.44 acres,or
106,075 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be$57.54, or$0.00132 per square foot. On an average size lot of 13,259 square
feet the annual estimated cost would be$17.50,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
$500.00 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$221.48 per acre, or
i
$.00509 per square foot.
On Monday, April 4th 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
li
Monday, March 28th.
f
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.
E
i
Resolution 4677,Intent to Create Lighting District 731
Dated: March 7,2016
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN,MONTANA
o e Z
n L,
¢
Stacy Ul Y P a
,}E+
City Cl4
erk
\ e
Legal Ad
Publication Dates: Sunday,March 13, 2016 & Sunday,March 20,2016., '-
(
i
i
i
I
�I
r
r
0 40 80 / LOT s /� 3
BLOCK 3 I
P)= 80' LOT 4 '
BLOCK 3 I
1
I 0 LOT 3 OSPA-
1
LOT 6 I
BLOCK 3 LOT 2
BLOCK 3
DISTRICT
BOUNDARY
LOTI
LOT7 1 I BLOCK3
BLOCK 3 E I <
STREET GRAF STREET
LIGHT
LOTI
LOT 2 I
/ BLOCK 2 I I BLOCK l '
� f
/ y !
LOT 2
� i
' BLOCK I 1 BLOCK T1 a t
ALLISON SUBDIVISION MADISON ENGINEERING EXHIBIT A
PHASE III 895 TECHNOLOGY BLVD,SUITE 203, DRAWN 0Y;CG8 i II
;GILD EXHIBIT BOZEMAN,MT 59718 DATE; 1/6/16 i
PHONE(406)586-0262 FAX(406)586-5740 )
J.O. #:14-163 i .I
Exibit B
ALLISON SUBDIVISION PHASE III
Ownership:
Bon Ton Inc
PO Box 906
Bozeman, MT 59771
Original Acct#135870,RGG1584,52.185 acres or 5,956,656 Sq Ft
Phase Block Lot
3 1 1 10,834
3 1 2 12,855
3 . 2 1 15,232
3 2 2 16,894`°
3 3 1 10,612
3 3 2 9,484
3 3 3 13,183
...: :. :............ .:: ......
..
Total Assessable Square Footage 106,075 1.31 acres
Open Space A 13,957
Open Space B 1,457
Total Open Space Ph 1-I11 15,414 .35 acres
Total Developed Square Footage 121,489
Remainder Tract-Lot 1 Block 2 2,100,028 48.21 acres
w
if
B
r
i
3
J
i
�i
I
'I
i
j