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HomeMy WebLinkAbout10-09-17 City Commission Packet Materials - C11. Resolution 4841, Intent to Modify SILD 728 - The Lakes at Valley West Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kristin Donald, Finance Director SUBJECT: Resolution 4841 / Intent to Modify a Special Improvement Lighting District #728 for The Lakes at Valley West Phases 1-4 MEETING DATE: October 9, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Commission Resolution No. 4841/Intent to Modify a Special Improvement Lighting District #728 for The Lakes at Valley West Phases 1-4 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 $96.16 per acre within the district or $1,244.40 annually for the entire district. The average sized lot is 4,465 square feet, which equates to an annual assessment of approximately $9.15 per lot per year. ALTERNATIVES: As suggested by the City Commission. Attachment: Resolution # 4841 Report compiled on: 9/21/17 118 Page 1 of 10 COMMISSION RESOLUTION NO. 4841 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 1-3 TO ADD PHASE 4 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 The Lakes at Valley West Phases 1-4, (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 4. The district will pay the maintenance and energy costs for six (6) 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: $4.72 for the 95-watt fixtures, for a total of $28.32 per month. The district will also pay the maintenance and energy costs for fourteen (15) Kim Lighting, Archetype Small PicoEmitter LED Series Fixtures, with 25’ tall embedded poles in 119 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 2 of 10 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: $3.13 for the 65-watt fixtures, for a total of $43.84 per month. The district will also pay the maintenance and energy costs for fourteen (19) 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: $1.66 for the 34-watt Luminaries, for a total of 23.22 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 1-4) 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. 120 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 3 of 10 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 $1,244.40, 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 13.94 acres, or 607,299 square feet. The initial costs of the Improvements per acre shall be $96.16 or $0.0021 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs is estimated at $1,244.40, 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 $146.18 per acre, or $0.0033 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 121 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 4 of 10 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 (October 30, 2017) 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 November 6, 2017, 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 122 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 5 of 10 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 October 15, 2017 and October 22, 2017, 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 9th day of October, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 123 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 6 of 10 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. 4841, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 728 (THE LAKES AT VALLEY WEST PHASES 1-4) 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 October 9, 2017, 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 _____ day of October, 2017. ___________________________________ ROBIN CROUGH City Clerk 124 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 7 of 10 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 728 (THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1-4) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on October 9, 2017, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted Resolution No. 4841 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 1-4, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 4841 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 six (6) 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: $4.72 for the 95- watt fixtures, for a total of $28.32 per month. The district will also pay the maintenance and energy costs for fourteen (15) 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: $3.13 for the 65-watt fixtures, for a total of $43.84 per month. The district will also pay the maintenance and energy costs for fourteen (19) 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 125 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 8 of 10 estimated as follows: $1.66 for the 34-watt Luminaries, for a total of 23.22 per month. 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 $1,244.40 per year for the entire District. The total area of the District to be assessed is 13.94 acres, or 607,299 square feet, exclusive of streets, avenues, alleys, parks and open space. The initial costs of the Improvements per acre shall be $96.16, or $0.0021 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 $146.18 per acre, or .0033 per square foot. On Monday, November 6, 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, October 30, 2017. 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 12th day of October, 2017. 126 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 9 of 10 Robin Crough City Clerk City of Bozeman Legal Ad Publication Dates: Sunday, October 15, 2017 Sunday, October 22, 2017 127 Resolution 4841, Intent to Modify SILD 728 for The Lakes at Valley West Phases 1-4 Page 10 of 10 COMMISSION RESOLUTION NO. 4841 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 Phases 1-4, 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 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, October 13, 2017, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Robin Crough City Clerk Subscribed and sworn before me this 13th day of October, 2017. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 128