HomeMy WebLinkAbout08-22-16 CC Mtg - C3. Resolution 4715, SILD 733
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, City Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution 4715 / Intent to create a Special Improvement Lighting District #733 for Sacajawea Middle School
MEETING DATE: August 22, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4715/Intent to create Special
Improvement Lighting District #733 for Sacajawea Middle School
BACKGROUND: 7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or
portions thereof and property adjacent thereto or property which may be declared by said council to be
benefited by the improvement to be made for the purpose of lighting such street or streets or public
highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment against said property.
(2) The governing body may create special lighting districts on any street or streets or public
highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs by billing property owners
each year on their City Assessment bill. It is estimated to cost $8.08 per acre within the district or $232.33 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4715, Exhibit A, Exhibit B
Report compiled on: August 11, 2016
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Page 1 of 9
COMMISSION RESOLUTION NO. 4715
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
733 (SACAJAWEA MIDDLE SCHOOL) 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 Sacajawea Middle School (the
“District”) for the purpose of, maintenance and energy costs. The district will pay the maintenance
and energy costs for four (4) 128-watt, Philips Lumec Luminaires which are an LED fixture, mounted on
30 foot LED Hunter Green powder coated poles with 40” heads (the “Fixtures”); at the locations shown
on Exhibit A (the “Improvements”). The light housing on the fixture is die-cast aluminum and is
finished with a moss green powder-coated finish. The initial monthly charges per fixture per
month (the “Monthly Charge”) are estimated as follows: $19.36.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
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Resolution 4715, Intent to Create Lighting District 733
Page 2 of 9
designated as Special Improvement Lighting District No.733 (Sacajawea Middle School) 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 $232.33, 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 28.759
acres, or 1,252,742 square feet, exclusive of parks and open space. The initial costs of the
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Resolution 4715, Intent to Create Lighting District 733
Page 3 of 9
Improvements per acre shall be $8.08 or $0.00018 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $232.33, 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 $25.46 per acre, or $0.00058 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 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
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Resolution 4715, Intent to Create Lighting District 733
Page 4 of 9
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 12, 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 August 22, 2016 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 August 28, 2016 and
September 4, 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.
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Resolution 4715, Intent to Create Lighting District 733
Page 5 of 9
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 22nd of August, 2016.
___________________________________
CARSON TAYLOR Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 4715, Intent to Create Lighting District 733
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. 4715, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 733 (SACAJAWEA MIDDLE SCHOOL) 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 22, 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: _____
____________________ ; voted against the same: ___ ; abstained from voting
thereon: ; or were absent: .
WITNESS my hand officially this 22nd day of August, 2016.
___________________________________
Robin Crough City Clerk
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Resolution 4715, Intent to Create Lighting District 733
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 733
(SACAJAWEA MIDDLE SCHOOL) CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 22, 2016, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 4715 to create Special Improvement Lighting District No. 733 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to Sacajawea Middle
School, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 4715 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 four (4) 128-watt, Philips Lumec
Luminaires which are an LED fixture, mounted on 30 foot LED Hunter Green powder coated poles with
40” heads (the “Fixtures”); at the locations shown on Exhibit A (the “Improvements”). The light
housing on the fixture is die-cast aluminum and is finished with a moss green powder-coated finish.
The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows:
$19.36.
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 are $232.33
per year for the entire District. The total area of the District to be assessed is 28.759 acres, or
1,252,742 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $8.08, or $0.00018 per square foot, which are payable semiannually. The annual
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Resolution 4715, Intent to Create Lighting District 733
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 $25.46 per acre, or $0.00058
per square foot.
On Monday, September 19th, 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, September 12, 2016.
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: August 22, 2016
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
Robin Crough
City Clerk
Legal Ad
Publication Dates: Sunday, August 28, 2016 & Sunday, September 4, 2016
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Resolution 4715, Intent to Create Lighting District 733
COMMISSION RESOLUTION NO. 4715
Resolution of Intent to create SILD No. 733 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Sacajawea Middle School, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Robin Crough, City Clerk, being first duly sworn, says:
That I deposited a copy of the Notice in regards to the owners in Special Improvement
Lighting District No. 733, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, August 26th, 2016, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Robin Crough
City Clerk
Subscribed and sworn before me this 26th day of August, 2016.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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BOL BOLLE3-13LF1-1P1(RELOCATED)P1(RELOCATED)P1(RELOCATED)P1(RELOCATED)P1P3P2P2P2P2P1P1P1P1P3P1(NEW)P1(RELOCATED)P1(RELOCATED)P2P2P2P1(NEW)P3 (ALTERNATE)P1(NEW)P3LE3-13HD1-6KEY NOTES:36974 PELANDSVERKDAVID D.ASNOP ISSEFOR IGERNOMLEERENGINDERETANATEXP.06/30/2018
project #revisiondatephaseissue datesheetprojectownerPHASE 27/22/2016 8:21:35 AM07-22-169OVERALL SITE LIGHTING PLAN(2)E1.11552.05407.01.2016BID DOCUMENTS3525 SOUTH 3RD RD, BOZEMAN, MT 59715SACAJAWEA MIDDLE SCHOOLBOZEMAN PUBLIC SCHOOLSBID DOCUMENTS 1" = 30'-0"1OVERALL SITE LIGHTING PLANNORTH111NOTES:1.P1 - EXISTING 14' POLE & SINGLE HEAD TO REMAIN.P1(RELOCATED) - EXISTING 14' POLE & SINGLE HEAD, RELOCATE AS SHOWN.P1(NEW) - NEW 14' POLE & SINGLE HEAD.2.COMPLY WITH CITY OF BOZEMAN ROADWAY LIGHTING SPECIFICATIONS.22SITE LIGHTING SCHEDULEMARK TYPE / DIMENSION LAMPS DIMMING EMERGENCYMOUNTING /HEIGHTVOLTMANUFACTURER SERIES / PART NO.NotesP1 EXTERIOR SITE / 14' POLE &16" HEADLED No No POLE / 16' AFG120 VPHILIPS STONCO ELA16-1-3-110LA-NW-UNIV-BLP SEE NOTE 1P2 EXTERIOR SITE / 22' POLE &16" HEADLED No No POLE / 24' AFG120 VPHILIPS STONCO ELA16-1-3-110LA-NW-UNIV-BLP-HSP3 EXTERIOR STREET / 30'POLE & 40" HEADLED No No POLE / 30' AFG277 VPHILIPS LUMEC RX2-80-G2-A-2-N-A-5-RCD-PHXL-DMG-N SEE NOTE 2S. THIRD AVE.CONTRACTOR TO VERIFY LOCATION OF HOME-RUN FEEDING SITE LIGHTING. IFEXISTING UNDERGROUND HOME-RUN IS INTERRUPTED DURING SITE WORK,RE-FEED AS REQUIRED FOR A FULLY FUNCTIONAL SITE LIGHTING SYSTEM.RELOCATE LIGHT POLE; SEE CIVIL DRAWINGS FOR EXACT LOCATION. DEMOEXISTING BASE, CONDUIT, WIRE, ETC TO NEW SPLICE POINT/HAND HOLELOCATION. RE-USE EXISTING POLE AND HEAD; PROVIDE NEW CONCRETE POLEBASE, CONDUIT, WIRE, ETC. SEE DETAIL 7/(2)E0.3.PROVIDE NEW FEEDER: 1" SCH. 40 PVC, (2) #8, #10 GND.INTERCEPT EXISTING CIRCUIT (VERIFY LOCATION IN FIELD); SPLICE IN NEWFEEDER AND EXTEND AS REQUIRED. PROVIDE HAND HOLE: POLYMERCONCRETE TIER 22 PULL BOX AND COVER.BASE BID: STUB OUT A SPARE 2" CONDUIT FROM LAST (SOUTHERNMOST) POLEBASE 3 FEET AND AIM TOWARDS SOUTH OPEN LAWN FOR FUTURE POLE(S).CAP END OF CONDUIT AT 30" BELOW GRADE AND MARK WITH A 12" REBAR FORLOCATING IN FUTURE WITH A METAL DETECTOR.ALTERNATE: PROVIDE FEEDER & ADDITIONAL P3 FIXTURE TO THE SOUTH ASSHOWN.PROVIDE NEW FEEDER: 2" SCH. 80 PVC, (2) #10, #10 GND. MAINTAIN 5' CLEARSPACE MINIMUM FROM BACK OF ROADWAY CURB. SEE TRENCHING DETAIL,DETAIL 6, SHEET (2) E0.3. SEE CITY OF BOZEMAN SPEC ("STANDARDSPECIFICATIONS FOR LIGHTING MATERIALS AND INSTALLATION" MARCH 2016)FOR POLE BASES.TIE IN NEW COURTYARD LIGHTING TO EXISTING CIRCUIT LE3-13 & ASSOCIATEDTIMECLOCK.PROVIDE NEW 277V CIRCUIT FOR ROADWAY LIGHTING AS SHOWN. FIXTURES TOBE CONTROLLED VIA INTEGRAL PHOTOCELL.344333333333334556666333342221COMPLETED INPHASE I22PHASE 277ALTERNATEPHASE 26889999992563
Acct #38300/Parcel #RGG21689
Total Square Footage 1,252,742.00
Total Acres 28.76
Sacajawea Middle School
3525 S 3rd Ave
Ownership:
Bozeman School District #7
PO Box 520
Bozeman, MT 59771
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