HomeMy WebLinkAboutResolution 5154 Intent to Modify SILD 728, the Lakes at Valley West Phases 1-6 DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
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RESOLUTION NO. 5154
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
728, THE LAKES AT VALLEY WEST PHASES 1-5B TO ADD PHASE 6 TO THIS
DISTRICT AND 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:
Section 1
Intention to Modify District 728; Proposed Improvements. It is the intention of this Commission
to modify 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 1-
6, (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 Phase 6. The district will pay the
maintenance and energy costs for eight (8) 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: $3.37 for the 95-watt fixtures, for a total of$26.96
per month. The district will also pay the maintenance and energy costs for nineteen (19) Kim
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DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
Resolution 5154,Latent to Mods,SILD 728—The Lakes at Valley West
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: $2.31
for the 65-watt fixtures, for a total of $43.89 per month. The district will also pay the
maintenance and energy costs for thirty-eight (38) 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:
$.79 for the 34-watt Luminaries, for a total of$30.02 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. 728 (The Lakes at
Valley West PH 1-6) 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). 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.
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Resolution 5154,Intent to A/odify SILL)728—The Lakes at Valley GVest
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, 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 $1,210.44 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, alleys, parks and open space. The total area of the District to be
assessed is 21.75 acres, or 947,432 square feet. The initial costs of the Improvements per acre
shall be $55.66 or$0.001278 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs is
estimated at $1,210.44 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 $78.64 per acre, or $0.001806 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
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Resolution 5154,Intent to Modify SILL)728—The Lakes at Valley IT%st
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 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 City Clerk until 5:00 p.m., M.T., on
the expiration date of said 15-day period (05/11/2020) 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 May 18, 2020 at 6:00 p.m., in the City Commission Room of
City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
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DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
Resolution 5154,Intent to Modify SILD 728—The Lakes at Valley FVest
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 April 26, 2020
and May 3, 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.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20th day of April 2020.
EDocuSigned by:
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CSSDC1Al2ACD455...
CHRIS MEHL
Mayor
ATTEST: ocuSlgned by:
Einr7a 9V SM
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9B784A08344D3...
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
EDocuSigned by:
� Su�.i�aan,
876992ACMCA44B...
GREG SULLIVAN
City Attorney
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DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
Resolution 5154,Intent to Dlocli,SILD 728—The Lakes at Malley West
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. 5154, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 728 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 April 20, 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
�A thereof: =�—tL
` S W` oted against the same: ;
abstained from voting th eon: ; or were absent:
WITNESS my hand officially this 21st day of April 2020.
City Cle
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DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
Resolution 5154,Intent to A4odify SILD 728—The Lakes at Valley If est
TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 728
(THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1-6)
CITY OF BOZEMAN,MONTANA
NOTICE IS HEREBY GIVEN that on April 20, 2020, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted Resolution No. 5154 to
modify 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 1-6, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the "Resolution") No. 5154 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 eight (8) 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: $3.37 for the 95-watt
fixtures, for a total of$26.96 per month. The district will also pay the maintenance and energy
costs for nineteen (19) 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: $2.31 for the 65-watt fixtures, for a total of$43.89 per month. The district
will also pay the maintenance and energy costs for thirty-eight (38) 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: $.79 for the 34-watt Luminaries, for a total of$30.02 per month.
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DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
Resolution 5154,Intent to Modify SILL)728—The Lakes at Valley!'Vest
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 $1,210.44 per year for
the entire District. The total area of the District to be assessed is 21.75 acres, or 947,432 square
feet, exclusive of streets, avenues, alleys, parks and open space. The initial costs of the
Improvements per acre shall be $55.66 or $0.001278 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 $78.64 per acre, or .001806 per square foot.
On Monday, May 18, 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, May 11,2020.
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 21 st day of April, 2020.
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DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
Resohition 5154,Intent to Modify SILD 728—The Lakes at Valley West
, City Clerk
Legal Ad
Publication Dates:
Sunday, April 26, 2020
Sunday, May 3, 2020
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DocuSign Envelope ID:290F2117-054D-400A-A07F-4216DA96C265
Resohition 5154,Intent to Modem SILD 728—The Lakes at Valley West
COMMISSION RESOLUTION NO. 5154
Resolution of Intent to Modify SILD No. 728 for the purpose of maintaining lighting
and assessing the cost for maintenance and energy to The Lakes at Valley West Ph 1-6, and
paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 728, as listed in Exhibit "B", on Friday, April 24, 2020,
directed to the owners at the addresses shown on Exhibit"B".
J
City Clerk v
Subscribed and sworn before me this-2-4-th day of-April, 2020.
(Notarial Seal) +
Printed name?mt A�
�' A �T, R,+, �.._; A MASSEY
Notary Public for the State of Montana
&W.007ASil<..iP=for ihe 5::..le of Montana
SEA - "'' �t: Residing at: see seal
9, :•`� 3r:_nr*s:=^. .lontana
MrM.�C.c::? : :,:::.:�;i Expires:
' . °'° ray 23, 2023 My Commission expires: see seal
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