HomeMy WebLinkAbout07-27-20 City Commission Packet Materials - C5. Res 5203 Intent to Modify SILD 743 for S University District Phases 1-3 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Kristin Donald, Finance Director
SUBJECT: Resolution 5203 / Intent to Modify Special Improvement Lighting District #743 for South University District Phases 1-3 MEETING DATE: July 27, 2020
AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Commission Resolution No. 5203/Intent to Modify Special Improvement Lighting District #743 for South University District Phases 1-3
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 $27.22 per acre within the district or $2,173.20 annually for the entire district. On an average size lot of 496,885 square feet the annual estimated cost would be $310.55 payable semiannually. ALTERNATIVES: As suggested by the City Commission. Attachment: Resolution No.5203
Report compiled on: July 10, 2020
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Page 1 of 11
COMMISSION RESOLUTION NO. 5203
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
743 (SOUTH UNIVERSITY DISTRICT) DECLARING IT TO BE THE INTENTION OF
THE CITY COMMISSION TO MODIFY THE DISTRICT (TO INCLUDE PHASE III)
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 Modify District; 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 South University District
Phases 1-3 (the “District”) for the purpose of maintenance and energy costs. The district will pay
the maintenance and energy costs for eight (8) Philips Gardco 14” Form 10 Square LED Extruded
Luminaires which are 85-watts, mounted on a 35’ single square pole in a Bobcat Blue finish (the
“Fixtures”) selected for Campus Boulevard and South 11th Avenue of Phase 1; five (5) Philips
Gardco Form 10 LED square arm luminaires which are 96-watts, mounted on a 35’ single square
pole mount in a Bobcat Blue finish (the “Fixtures”) selected for Campus Boulevard of Phase 2;
five (5) Philips Lumec RoadFocus LED Cobra Head Luminaires which are 108-watts, mounted on
a 30’ single pole in a blue textured finish (the “Fixtures”) selected for South 14th Avenue and
Student Drive of Phase 2; eleven (11) Cooper Lighting Epic Classic Medium 7 LED LightBARs
which are 27-watts, mounted on a 10’ single luminaire pole (the “Fixtures”) selected for State
Street of Phase 1; and eight (8) Philips Lumec RoadFocus LED Cobra Head Luminaires which are
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Resolution 5203, Intent to Modify Lighting District 743
Page 2 of 11
72-watts, mounted on a 30’ single pole in a textured hunter green finish (the “Fixtures”) selected
for the west side of South 11th Avenue of Phase 2; at the locations shown on Exhibit A (the
“Improvements”). Selected for Phase 3 along South 19th Avenue are eight (8) Roadway RTSE
Tapered Upsweep Single Arm Luminaire with a mounting height of forty (40) feet on K-KLAD
Hunter Green finish over Galvanized pole, the Luminaires are to be Lumec RoadFocus LED with
eighty (80) LED’s at 180 Watt’s per luminaire, selected for Phase 3 along Stucky Road, State
Street, Kagy Boulevard and South 17th Avenue are twenty-two (22) Roadway RTSE Tapered
Upsweep Single Arm Luminaire with a mounting height of thirty (30) feet on K-KLAD Bobcat
Blue finish over Galvanized poles, the Luminaires are to be Lumec RoadFocus LED with thirty-
two (32) LED’s at 75 Watt’s per luminaire. The initial monthly charges per fixture per month (the
“Monthly Charge”) are estimated as follows: $2.72 per 14” LED 85-watt fixture for a total of
$21.74 per month; $3.07 per 14” LED 96-watt fixture for a total of $15.37 per month; $3.46 per
LED Cobra Head 108-watt fixture for a total of $17.29; $.87 per LED Epic Classic 27-watt fixture
for a total of $9.52 per month; $2.31 per LED Cobra Head 72-watt fixture for a total $18.48 per
month; $2.85 per Medium LED Cobra Head 75-watt fixtures for a total of $62.70 per month; and
$4.00 per Large LED Cobra Head 180-watt fixtures for a total of $36.00 per month or a total of
$181.10 per month or $2,173.20 annually.
Section 2
Number of District. The District, if the same shall be Modified and established, shall be known
and designated as Special Improvement Lighting District No.743 (South University District Phases
1-3) 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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Resolution 5203, Intent to Modify Lighting District 743
Page 3 of 11
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 $2,173.20, 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 79.83
acres, or 3,478,195 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be $27.22 or $0.000625 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $2,173.20, 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 $500.00 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 $33.49 per acre, or $0.000769 per square foot.
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Resolution 5203, Intent to Modify Lighting District 743
Page 4 of 11
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
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 (August 17, 2020) 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
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Resolution 5203, Intent to Modify Lighting District 743
Page 5 of 11
can be made and filed, proceed to hear all such protests so made and filed; which said regular
meeting will be held on August 25, 2020 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 2, 2020 and August
9, 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 AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 27th of July, 2020.
___________________________________
CHRIS MEHL Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk
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Resolution 5203, Intent to Modify Lighting District 743
Page 6 of 11
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 5203, Intent to Modify Lighting District 743
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. 5203, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO THE MODIFICATION OF SPECIAL
IMPROVEMENT LIGHTING DISTRICT NO. 743 (SOUTH UNIVERSITY DISTRICT
PHASES 1-3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO
MODIFY 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 July
27, 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 thereof: _____
____________________ ; voted against the same: ___ ; abstained from voting
thereon: ; or were absent: .
WITNESS my hand officially this 28th day of July 2020.
___________________________________
MIKE MAAS City Clerk
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Resolution 5203, Intent to Modify Lighting District 743
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 743
(SOUTH UNIVERSITY DISTRICT PHASES 1-3)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 27, 2020, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5203 to Modify Special Improvement Lighting District No. 743 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to South University
District, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5203 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) Philips Gardco 14”
Form 10 Square LED Extruded Luminaires which are 85-watts, mounted on a 35’ single square
pole in a Bobcat Blue finish (the “Fixtures”) selected for Campus Boulevard and South 11th
Avenue of Phase 1; five (5) Philips Gardco Form 10 LED square arm luminaires which are 96-
watts, mounted on a 35’ single square pole mount in a Bobcat Blue finish (the “Fixtures”) selected
for Campus Boulevard of Phase 2; five (5) Philips Lumec RoadFocus LED Cobra Head
Luminaires which are 108-watts, mounted on a 30’ single pole in a blue textured finish (the
“Fixtures”) selected for South 14th Avenue and Student Drive of Phase 2; eleven (11) Cooper
Lighting Epic Classic Medium 7 LED LightBARs which are 27-watts, mounted on a 10’ single
luminaire pole (the “Fixtures”) selected for State Street of Phase 1; and eight (8) Philips Lumec
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Resolution 5203, Intent to Modify Lighting District 743
RoadFocus LED Cobra Head Luminaires which are 72-watts, mounted on a 30’ single pole in a
textured hunter green finish (the “Fixtures”) selected for the west side of South 11th Avenue of
Phase 2; at the locations shown on Exhibit A (the “Improvements”). Selected for Phase 3 along
South 19th Avenue are eight (8) Roadway RTSE Tapered Upsweep Single Arm Luminaire with a
mounting height of forty (40) feet on K-KLAD Hunter Green finish over Galvanized pole, the
Luminaires are to be Lumec RoadFocus LED with eighty (80) LED’s at 180 Watt’s per luminaire,
selected for Phase 3 along Stucky Road, State Street, Kagy Boulevard and South 17th Avenue are
twenty-two (22) Roadway RTSE Tapered Upsweep Single Arm Luminaire with a mounting height
of thirty (30) feet on K-KLAD Bobcat Blue finish over Galvanized poles, the Luminaires are to be
Lumec RoadFocus LED with thirty-two (32) LED’s at 75 Watt’s per luminaire. The initial monthly
charges per fixture per month (the “Monthly Charge”) are estimated as follows: $2.72 per 14” LED
85-watt fixture for a total of $21.74 per month; $3.07 per 14” LED 96-watt fixture for a total of
$15.37 per month; $3.46 per LED Cobra Head 108-watt fixture for a total of $17.29; $.87 per LED
Epic Classic 27-watt fixture for a total of $9.52 per month; $2.31 per LED Cobra Head 72-watt
fixture for a total $18.48 per month; $2.85 per Medium LED Cobra Head 75-watt fixtures for a
total of $62.70 per month; and $4.00 per Large LED Cobra Head 180-watt fixtures for a total of
$36.00 per month or a total of $181.10 per month or $2,173.20 annually.
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 $2,173.20
per year for the entire District. The total area of the District to be assessed is 79.83 acres, or
3,478,195 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $27.22 or $0.000625 per square foot annually.
On an average size lot of 496,885 square feet the annual estimated cost would be
$310.55 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. The first year of special assessment billing
will include an additional amount not to exceed $500.00 for publication and mailing associated
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Resolution 5203, Intent to Modify Lighting District 743
with creation of the District which shall be assess in the same manner as the Improvements
resulting in a cost not to exceed $33.49 per acre, or $.000769 per square foot.
On Tuesday, August 25, 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, August 17, 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: July 28, 2020
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
MIKE MAAS City Clerk
Legal Ad
Publication Dates:
Sunday, August 2, 2020
Sunday, August 9, 2020
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Resolution 5203, Intent to Modify Lighting District 743
COMMISSION RESOLUTION NO. 5203
Resolution of Intent to Modify SILD No. 743 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to South University District Phases 1-3, 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 deposited a copy of the Notice in regards to the owners in Special Improvement
Lighting District No. 743, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, July 31, 2020, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Mas City Clerk
Subscribed and sworn before me this 31st day of July, 2020.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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STATE STREETSOUTH 17TH AVE
KAGY BLVDSOUTH 19TH AVESOUTH 17TH AVESTUCKY RDSOUTH 14TH AVE
STUDENT DRIVESOUTH 11TH AVESTUCKY ROADARNOLD STREETSOUTH 11TH AVE
SOUTH 14TH AVE
SOUTH 17TH AVEARNOLD STREETSOUTH 19TH AVE
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Y3 Y3 ProposedBlock 1Lot 18.20 AcresProposed Block 1 CommonOpen Space Lot 10.09 AcresProposed Block 2 CommonOpen Space Lot 10.07 AcresProposed Block 1 CommonOpen Space Lot 20.07 AcresProposed RestrictedBlock 2Lot 18.62 AcresProposed Block 2 CommonOpen Space Lot 20.07 AcresProposed Right of Way6.37 Acres Proposed RestrictedBlock 3Lot 121.38 Acres (Gross)18.86 Acres (Net)Proposed RestrictedBlock 4Lot 114.17 Acres (Gross)11.89 Acres (Net)ProposedCity Park 41.83 AcresProposedCity Park 314.01 AcresSTUCKY RDPROFESSIONALENGINEERS &SURVEYORS1 OF 1SILD 743EXHIBITSUD PHASE 3SOUTH UNIVERSITYDISTRICTSTAHLYENGINEERING& ASSOCIATESRTR HOLDINGS II, LLCSILD BOUNDARYINSTALLED LIGHTINGINSTALLED LIGHTINGFUTURE ROADFUTURE ROADFUTURE ROADFUTURE ROADSILD BOUNDARYSILD BOUNDARYSILD BOUNDARY77
Acct # Phase Block Lot Acres
Assessable Sq
Ft Ownership
226580 1 1 Ph 1 9.82 427,759 NB Stadium View DST 16B Journey Ste 200 Aliso Viejo, CA 92656
226570 1 2 Ph 1 6.41 279,220 CCC Bozeman LLC 431 Office Park Dr Birmingham, AL 35223
248300 2 1 Ph 2 16.05 699,138 CCC Bozeman LLC 431 Office Park Dr Birmingham, AL 35223
Phase 3
3 1 1 8.20 357,121 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon, CA 94920
3 2 1 8.62 375,487 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon, CA 94920
3 3 1 18.86 821,542 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon, CA 94920
3 4 1 11.89 517,928 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon, CA 94920
79.85 3,478,195 Total Sq Ft of South University District
Address
Exhibit B
SOUTH UNIVERSITY DISTRICT
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