HomeMy WebLinkAbout10-06-20 City Commission Packet Materials - C23. Res 5216 Intent to Creat SILD 761 Bridger Vale Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director
SUBJECT: Resolution 5216 / Intent to Create a Special Improvement Lighting District #761 for Bridger Vale Subdivision MEETING DATE: October 6, 2020
AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Commission Resolution No. 5216, Intent to Create Special Improvement Lighting District #761 for Bridger Vale Subdivision.
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 $27.76 per acre within the district or $58.56 annually for the entire district, or on an average size lot of 4,596 square feet the annual estimated cost would be $2.93, which is payable semiannually.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No. 5216
Report compiled on: September 22, 2020
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Page 1 of 9
RESOLUTION 5216
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
761 (BRIDGER VALE SUBDIVISION) 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 Bridger Vale Subdivision
(the “District”) for the purpose of maintenance and energy costs. The district will pay the
maintenance and energy costs for one (1) Philips Lumec RoadFocus double upsweep luminaire
which are each 73 watt LED Cobraheads on a round tapered steel pole. They are mounted at 25’
per City of Bozeman standards. The pole will be K-KLAD over galvanized – Hunter Green. The
initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.44
per 73 watt fixture or $58.56 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. 761 (BRIDGER VALE SUDIVISION)
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Resolution 5216, Intent to Create Lighting District 761
Page 2 of 9
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 $28.80, 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 2.11 acres, or 91,913
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $27.76 or $0.000638 per square foot annually.
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Resolution 5216, Intent to Create Lighting District 761
Page 3 of 9
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $58.56, 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 $264.72 per acre, or $0.006077 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
contract.
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Resolution 5216, Intent to Create Lighting District 761
Page 4 of 9
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 (10/26/2020) 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 can be made
and filed, proceed to hear all such protests so made and filed; which said regular meeting will be
held on November 10, 2020 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 October 11, 2020 and October
18, 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, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 6th day of October, 2020.
___________________________________
CYNTHIA ANDRUS Mayor
ATTEST:
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Resolution 5216, Intent to Create Lighting District 761
Page 5 of 9
____________________________________
MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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Resolution 5216, Intent to Create Lighting District 761
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. 5216, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 761 (BRIDGER VALE SUBDIVISION) 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 October 6, 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 7th day of October, 2020.
___________________________________
MIKE MAAS
City Clerk
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Resolution 5216, Intent to Create Lighting District 761
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 761
(BRIDGER VALE SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 6, 2020, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5216 to create Special Improvement Lighting District No. 761 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to BRIDGER VALE
SUBDIVISION, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5216 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 one (1) Philips Lumec RoadFocus LED Cobrahead 72 watt double upsweep
luminaire on round tapered steel pole, mounted at 25’ per City of Bozeman standards. The pole
will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month
(the “Monthly Charge”) is estimated as follows: $4.88 per 73 watt fixture or $58.56 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 $58.56
per year for the entire District. The total area of the District to be assessed is 2.11 acres, or 91,913
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $27.76, or $0.000638 per square foot. On an average size lot of 4,596 square feet the
annual estimated cost would be $2.93 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. The first year of
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Resolution 5216, Intent to Create Lighting District 761
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 $250.62 per acre, or $0.005753 per square foot.
On Tuesday, October 6, 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. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic,
this meeting may be held online using Webex or other technology.
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
October 26, 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 this 9th day of October, 2020.
Mike Maas
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
Sunday, October 11, 2020
Sunday, October 18, 2020
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Resolution 5216, Intent to Create Lighting District 761
RESOLUTION 5216
Resolution of Intent to create SILD No. 761 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to BRIDGER VALE SUBDIVISION, 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. 761, as listed in Exhibit "B", on Friday, October 9, 2020,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas City Clerk
Subscribed and sworn before me this 9th day of October, 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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LocationPedestrianConflictSpacing (ft)MountHeight (ft)Light TypeWattsPole TypeMountingArmVoltageLocal StreetsLowIntersections/Crossings25RFM-72W32LED3K-T-4-UNIV-DMG-RCD7-PH9-GN6TX72RTSU25-6.1-11-KZ91-26S-BC-PSAB26S240424
Block Lot Location ID Address Sqft Owner Name Owner Address City, State Zip
1 1 Bridger Vale Dr 23,351 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 1 Bridger Vale Dr 4,106 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 2 Bridger Vale Dr 2,546 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 3 Bridger Vale Dr 2,671 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 4 Bridger Vale Dr 4,115 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 5 Bridger Vale Dr 3,906 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 6 Bridger Vale Dr 3,297 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 7 Bridger Vale Dr 3,374 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 8 Bridger Vale Dr 4,417 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 9 Bridger Vale Dr 4,541 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 10 Bridger Vale Dr 3,443 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 11 Bridger Vale Dr 3,394 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 12 Bridger Vale Dr 4,270 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 13 Bridger Vale Dr 4,387 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 14 Bridger Vale Dr 2,886 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 15 Bridger Vale Dr 2,697 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 16 Bridger Vale Dr 3,360 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 17 Bridger Vale Dr 3,354 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
2 18 Bridger Vale Dr 3,400 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
3 1 Bridger Vale Dr 4,398 Bridger Vale LLC PO Box 930 Manhattan, MT 59741
Total 91,913 2.11003214 acres
Bridger Vale
Remaining Tract GLR-1 COS 1221 & Portion of 64.244 Acre Tract on COS 157
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