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RESOLUTION 5430
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
774 (SIMMENTAL WAY) 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 Simmental Way (the
“District”) for the purpose of maintenance and energy costs. The district will pay the maintenance
and energy costs for one (1) Signify Lumec RoadFocus small LED Cobrahead 50 watt single
mastarm luminaire on round tapered steel pole, mounted at 30 feet per City of Bozeman standards.
The pole will be Hunter Green. The initial monthly charge per fixture per month (the “Monthly
Charge”) is estimated as $8.14 per 50 watt LED fixture. This calculates to $97.68 annually.
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. 774 (Simmental Way) 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
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Resolution 5430, Intent to Create Lighting District 774
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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 front lineal footage method
of assessment described in Sections 7-12-4324, MCA, as particularly applied and set forth in this
Section 5. The annual maintenance and energy costs are estimated at $97.68, 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 1,875.10 lineal frontage
feet exclusive of parks and open space. The initial costs of the improvements shall be $0.052093
per lineal foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $97.68, 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 $0.318746 per lineal 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
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Resolution 5430, Intent to Create Lighting District 774
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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
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 6, 2022) 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 20, 2022 at 6 pm in Bozeman City Hall, City Commission
Room, 121 N Rouse Ave.
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 Sunday August 21, 2022 and
August 28, 2022, 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
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Resolution 5430, Intent to Create Lighting District 774
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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 16th day of August, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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QUALITY CHECK:
DRAWN BY:
CAD NO.
JOB NO.
DATE:
19110X2.dwg
B19-110
5/17/22
BST
FB:194/40
LAYOUT:
Engineering
tdhengineering.com
A SPECIAL IMPROVEMENTS LIGHTING DISTRICT TO SERVE SIMMENTAL WAY BETWEEN THE
CENTERLINE OF RAWHIDE RIDGE & THE CENTERLINE OF DEAD MANS GULCH
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Account #County Parcel #Property Address Owner Name Owner Mailing Address SILD Frontage (L.F.)
RFG10096 2595 SIMMENTAL WAY ANTHONY WAYNE OIL CORP C/O AP DEPT, 127 W BERRY ST STE 702, FORT WAYNE, IN 46802
LEGAL DESC:
RFG10097 45 RAWHIDE RDG ANTHONY WAYNE OIL CORP C/O AP DEPT, 127 W BERRY ST STE 702, FORT WAYNE, IN 46802
LEGAL DESC:
RFG10091 1894 ORVILLE WAY STORE MASTER FUNDING VI, LLC C/O GIBSON BRANDS INC, 209 10TH AVE S #460, NASHVILLE, TN 37203
LEGAL DESC:
RFG10093 20 ORVILLE WAY ORVILLE WAY LLC PO BOX 2035, BOZEMAN, MT 59771
LEGAL DESC:
RFG44737 2674 SIMMENTAL WAY STATE OF MONTANA C/O SUMMIT STORAGE II LLC, 3730 MEADOW LN, LAFAYETTE, CA 94549
LEGAL DESC:
RFG10089 2770 N 19TH AVE GOLDEN EGG LLC 17035 W VALLEY HWY, TUKWILA, WA 98188
LEGAL DESC:
Total SILD Frontage (L.F.) =1,875.1
80390 214.0GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 2, ACRES 4.084, IN E2, TRACT 3 LESS HWY RIGHT OF WAY PARCEL 5
SIMMENTAL WAY
123840 791.1LEWIS & CLARK COMM SUB, S36, T01 S, R05 E, BLOCK 2, Lot 1A, ACRES 5.824, PLAT J-376-A PLUS OPEN SPACE BENEFICIAL USE ONLY
135530 212.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 2, ACRES 2.167, TRACT 4 IN E2
135550 212.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 4, ACRES 2.167, IN E2, TRACT 4
69270 222.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 3, ACRES 2.269, TRACT 5 PLUS VACATED SINGLE TREE COURT
135580 222.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 4, ACRES 2.269, TRACT 5 PLUS VACATED SINGLE TREE COURT
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Resolution 5430, Intent to Create Lighting District 774
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. 5430, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 774 (SIMMENTAL WAY) 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 16, 2022, 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: Andrus, Cunningham, Pomeroy, Madgic, &
Coburn; voted against the same: None; abstained from voting thereon: None; or were absent:
None.
WITNESS my hand officially this 16th day of August, 2022.
___________________________________
MIKE MAAS
City Clerk
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Resolution 5430, Intent to Create Lighting District 774
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 774
(Simmental Way)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 16, 2022, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5430 to create Special Improvement Lighting District No. 774 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to Simmental Way,
and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5430 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 annual maintenance and energy costs are
estimated at $97.68, and shall be assessed against each lot, tract or parcel of land in the District
based on front lineal footage for that part of the costs based on lineal footage of such lot, tract or
parcel bears to the total lineal footage 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 1,875.10 lineal frontage
feet exclusive of parks and open space. The initial costs of the improvements shall be $0.052093
per lineal foot annually.
The initial costs of the improvements per lineal foot shall be $.052093. 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 assessed in the
same manner as the Improvements resulting in a cost not to exceed $0.318746 per lineal foot.
On Tuesday, September 20, 2022, 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. Members of the public will also be able to participate
remotely via WebEx. Instructions for joining the WebEx meeting will be included on the
meeting agenda which is published on the City’s website at least 48 hours prior to the
meeting. The agenda is available at https://www.bozeman.net/meetings.
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
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Resolution 5430, Intent to Create Lighting District 774
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
September 6, 2022.
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 August, 2022.
Mike Maas
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
Sunday, August 21, 2022
Sunday, August 28, 2022
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Resolution 5430, Intent to Create Lighting District 774
RESOLUTION 5430
Resolution of Intent to create SILD No.774 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Simmental Way, 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. 774, as listed in Exhibit "B", on Friday, August 19, 2022,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas
City Clerk
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