HomeMy WebLinkAboutResolution 4036
COMMISSION RESOLUTION NO. 4036
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONT ANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 700 (ANNIE SUB PHASES 3B & 3C)
DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS
AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the "Commission") ofthe 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 the Annie Subdivision,
Phases 3B & 3C (the "District") for the purpose of installing certain lighting fixtures and paying
annual ownership, maintenance and energy costs. Pursuant to an agreement (the "Agreement")
between the City and Northwestern Energy (the "Company"), the Company will install, maintain and
provide energy for two (2) Decashield 400 Luminaire lights (the "Fixtures") both will be 100-watt
fixtures mounted at 25 feet; at the locations shown on Exhibit A (the "Improvements"). The initial
monthly charges per Fixture per month (the "Monthly Charge") are as follows: $38.95, for a
monthly total of $77.90. The initial Monthly Charge is based on price of Fixtures quoted by
manufacturer as ofthe date hereof, which are subject to increase on 30 days notice prior to placing an
order.
The Monthly Charge is composed of a capital charge for the Fixtures, an energy charge and
a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased
as approved by the Montana Public Service Commission, the rates for each component of which will
be shown on the Company's Schedule No. ELDS-l. The costs ofthe Improvements will be payable
from special assessments to be levied against property in the District.
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. 700 (Annie
Subdivision Phases 3B & 3C) 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).
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Section 4. Benefited Property. The District and territory included within the limits
and boundaries described in Section 3 and as shown on Exhibits 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 ofthe 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 ofthe costs of the Improvements, as specified herein. The costs of the Improvements
shall be assessed against the property in the District benefiting from the Improvements, based on the
actual area method of assessment described in Sections 7-12-4323, M.C.A., as particularly applied
and set forth in this Section 5. The annual costs of the Improvements at the initial Monthly Charge is
$934.80 per year, and shall be assessed against each lot, tract or parcel ofland 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 ofland in the District, exclusive of streets, avenues and alleys. The total area ofthe District
to be assessed is 2.09 acres, or 91,064.00 square feet, exclusive of parks and open space. The initial
costs of the Improvements per acre shall be $447.28 or $0.010265 per square foot annually.
Section 6. Payment of Assessments: Amount of Assessments. Special assessments
for the annual costs of the Improvements in the total initial amount of$934.80, 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. Extraordinary Repair or Replacement. The costs of the Improvements and
assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for
extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an
additional charge to the City 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. The City is obligated under the Agreement to
maintain the District for seven years. 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. Ifthe 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.
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Section 9. Public Hearing; Protests. At any time within fifteen (15) days from and
after the date of the first publication ofthe 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 making the Improvements may make and file with the Clerk ofthe Commission until 5:00 p.m.,
M.T., on the expiration date of said IS-day period (July 16, 2007) 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 July 16,2007, at 6:00 p.m., in the Community Room of
the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana.
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 July
1 and July 8, 2007, 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 AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 25th day of June 2007.
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ATTEST:
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BRIT FONTENOT
City Clerk
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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. 4036, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 700 (ANNIE SUBDIVISION PHASES 3B & 3C) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE
OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR INSTALLATION, OWNERSHIP, 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 ofthe City at a meeting on June 25, 2007, and that the meeting
was duly held by the City Commission and was attended throughout by a quorum, pursuant to call
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and notice of such meeting given as required by law; and that the ResolutiQ~}18Siiot as of the date
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hereof been amended or repealed.
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following Commissioners voted in favor thereof: Crs. Becker, Kirchhof(Jacooson, and Mayor
Krauss; voted against the same: none; abstained from voting thereon: none; or were absent: Cr.
Rupp.
WITNESS my hand officially this 25" dal o~ ?:'
Brit Fontenot
City Clerk
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 700
(ANNIE SUB PHASES 3B & 3C)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on June 25, 2007, the City Commission (the
"Commission") of the City of Bozeman, Montana (the "City"), adopted Resolution 4036, a
Resolution ofIntention to Create Special Improvement Lighting District No. 700 (the "District") for
the purpose of financing the costs of installing lighting improvements (the "Improvements") to serve
the Annie Subdivision Phases 3B & 3C, and paying ownership charge, maintenance and energy costs
relating thereto.
A compkte-~bpy_ofthe Resolution ofIntention (the "Resolution") is on file with the City
Clerk which mOre specifically describes the nature of the Improvements, the boundaries and the area
included in fueDisti:kt, the location of the Improvements and other matters pertaining thereto and
further particulars:. --i\ ji~'t.:of properties in the District and the amount of the initial assessment
accompanies this notiie:
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Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy
(the "Company"), the Company will install two (2) Decashield 400 Luminaires (the "Fixtures"), both
will be 100-watt mounted at 25 feet; at the locations shown on Exhibit A (the "Improvements").
The initial monthly charges per fixture per month (the "Monthly Charge") are as follows: $38.95,
for a monthly total of $77.90. The Monthly Charge is composed of an ownership charge for the
Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The
Monthly Charge may be increased as approved by the Montana Public Service Commission.
All properties in the District will be assessed for their proportionate share ofthe costs ofthe
Improvements as an "area basis" annually and will be payable in equal semiannual installments. The
annual costs of the Improvements at the initial Monthly Charge arc $934.80 per year for the entire
District. The total area of the District to be assessed is 2.09 acres, or 91,064.00 square foot,
exclusive of parks and open space. The initial costs of the Improvements per acre shall be $447.28
or $0.010265 per square foot. On an average size lot of7,000 square feet the annual estimated cost
would be $71.86, 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.
On Monday, July 16,2007, at 6:00 p.m., in the Community Room of the Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public
hearing 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 Improvements 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 Improvements. Such protests must be delivered to the
City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5 :00
p.m., M.T., on Monday, July 16,2007.
Further information regarding the proposed District or other matters in respect thereof may
be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana
or by telephone at (406) 582-2320.
Dated: June 25, 2007
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
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Brit Fontenot "
City Clerk
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Legal Ad
Publication Dates: Sunday, July 1 st & Sunday, July 8th, 2007
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Time: 03/07/07 14:40:24
Session: J :\COMMON-l \GTVIEW-l \BOZEMA-l.GTS
North Western Energy Map Extract
This infi:mnation is proprietary and confidential dut'l of North Western Energy
Center: (1567578.0, 528220.6) Zoom: lI8.5
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AFFIDAVIT OF MAILING
STATE OF MONTANA )
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County of Gallatin )
Brit Fontenot, City Clerk, being first duly sworn, says:
That I deposited a copy ofthc Notice in Re to the owners in Special Improvement Lighting
District No. 700, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, ntana, on Friday,
June 29, 2007, directed to the owners at the addresses shown on Exhibit "B".
Subscribed and sworn to before me this 29th day of June 2007.
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Phntedname iR- ~11
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: 3-;;(/';;'0 If
(Notaria1~Seal)
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