HomeMy WebLinkAboutResolution 5165 Intent to Create SILD 759 for Cottonwood SubdivsionPage 1 of 10
COMMISSION RESOLUTION NO. 5165
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
759 (COTTONWOOD SUBDIVISION) 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 Cottonwood Subdivision (the “District”)
for the purpose of maintenance and energy costs. The district will pay the maintenance and energy
costs for twelve (12) GE Evolve Led Roadway Lighting ERL1-ERLH-ERL2 71 watt LED Cobra
Head luminaire on a tapered upsweep arm mounted on a 30’ pole. The pole shaft is smooth,
powder coated green and mounted on a concrete foundation (the “Fixture”). The initial monthly
charge per fixture per month (the “Monthly Charge”) is estimated as follows: $3.8375 per 71 watt
fixture for a total of $46.05 annually.
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Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
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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. 759 (Cottonwood Subdivision) 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 $552.60, 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 16.76 acres, or 730,066
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Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
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square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall
be $32.9714or $0.00076 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $552.60, 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 $62.8043 per acre, or $0.000144per 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.
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
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Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
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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 (June 8, 2020) 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 June 15, 2020 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 May 24, 2020 and May 31,
2020 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.
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Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 18th of May 2020.
___________________________________
Chris Mehl Mayor
ATTEST:
____________________________________
Mike Maas City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
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. 5165, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 759 (COTTONWOOD SUBDIVISION) 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 May 18, 2020, 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 19h day of May, 2020.
___________________________________
Tanya Andreasen Interim City Clerk
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N/A
Mehl, Andrus, Pomeroy, Cunningham, Walner
Mike Maas
Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 759
(COTTONWOOD SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on May 18, 2020, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5165 to create Special Improvement Lighting District No. 759 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to Cottonwood
Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5165 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 twelve (12) GE Evolve Led Roadway
Lighting ERL1-ERLH-ERL2 71 watt LED Cobra Head luminaire on a tapered upsweep arm
mounted on a 30’ pole. The pole shaft is smooth powder coated green and mounted on a concrete
foundation (the “Fixture”). The initial monthly charge per fixture per month (the “Monthly
Charge”) is estimated as follows: $3.8375 per 71 watt fixture for a total of $552.60 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 $46.05
per year for the entire District. The total area of the District to be assessed is 16.76 acres, or 730,066
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall
be $32.9714 or $0.00076 per square foot annually.
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Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
On an average size lot of 2.095 acres or 91,258 square feet, the annual estimated cost
would be $69.36 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 $62.8043 per acre, or $.00144 per square foot.
On Monday, June 15, 2020 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, June 8, 2020.
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 this 19th day of May 2020.
BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
_________________________________________
Tanya Andreasen Interim City Clerk
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Mike Maas
Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
Legal Ad
Publication Dates:
Sunday, May 24, 2020
Sunday, May 31, 2020
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Resolution 5165, Intent to Create Lighting District 759, Cottonwood Subdivision
COMMISSION RESOLUTION NO. 5165
Resolution of Intent to create SILD No. 759 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Cottonwood Subdivision, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Tanya Andreasen, Interim City Clerk, being first duly sworn, says:
That I cause to be mailed first class a copy of the Notice in regards to the owners in Special
Improvement Lighting District No. 759, as listed in Exhibit "B", on Friday, May 22, 2020, directed
to the owners at the addresses shown on Exhibit "B".
______________________________
Tanya Andreasen
Interim City Clerk
Subscribed and sworn before me this 22th day of May, 2020.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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