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HomeMy WebLinkAbout08 04 2008_Approve Resolution No. 4118, Intent to Create Special Improvement Lighting District No. 706, West Winds Subdivision Phase 4                          Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk Chris Kukulski, City Manager SUBJECT: Resolution 4118 / SILD # 706 West Winds Sub Phase 4 MEETING DATE: August 4, 2008 RECOMMENDATION: Adopt Commission Resolution No. 4118 BACKGROUND: The attached resolution, Resolution 4118, 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 64 FISCAL EFFECTS: None ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _____________________________ ______________________________ Deanna Shannon Chris A. Kukulski, City Manager Special Assessment/SID Accounting Clerk Report compiled on: July 30, 2008 Attached Documents: Resolution #4118 65 COMMISSION RESOLUTION NO. 4118 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706 (WEST WINDS SUBDIVISION PHASE 4) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED 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 the West Winds Subdivision Phase 4 (the “District”) for the purpose of maintenance and energy costs. The District will pay for maintenance and energy costs for five (5) total lights; two (2) of which are Gullwing lights (the “Fixtures”), of which one (1) is 100-watt mounted at 25 feet; one (1) is 400- watt mounted at 38 feet; three (3) 28-watt trail ballad lights at 100 feet, at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per Fixture per month (the “Monthly Charge”) for operating and maintenance are as follows: $15.92 per month for 400- watt fixture, $9.35 per month 100-watt fixture; $5.12 per month per fixture for 28-watt trail bollard fixtures, for a monthly total of $40.66. 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. 706 (West Winds Subdivision Phase 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 maintenance and energy costs 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. 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 - 1 - 66 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 maintenance and energy costs are estimated at $487.92 per year, 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 13.89 acres, or 604,844.00 square feet, exclusive of parks and open space. The initial maintenance and energy costs of the Improvements per acre shall be $35.13 or $0.00807 per square foot annually. Section 6. Payment of Assessments. Special assessments for the annual maintenance and energy costs is estimated at $487.92, 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 $2,500 for publication, mailing and legal review associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $180.00 per acre, or $0.000414 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. 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 (August 25, 2008) 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 August 25, 2008, at 6:00 p.m., in the Community Room of the - 2 - 67 - 3 - 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 August 9 and August 16, 2008, 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 4th day of August 2008. __________________________________ KAAREN JACOBSON Mayor ATTEST: ____________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: ___________________________________ TIM COOPER Acting City Attorney 68 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. 4118, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706 (WEST WINDS SUBDIVISION PHASE 4) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED 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 4, 2008, 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 4th day of August 2008. ___________________________________ Stacy Ulmen City Clerk 69 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 706 (WEST WINDS SUBDIVISION PHASE 4) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on August 4, 2008, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention to Create Special Improvement Lighting District No. 706 (the “District”) for the purpose of maintaining lighting and assessing the costs for maintenance and energy to serve the West Winds Subdivision Phase 4 and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) is on file with the City Clerk which more specifically describes the nature of the maintenance and energy costs, the boundaries and the area included in the District, 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 City will maintain and pay energy costs to five (5) total lights; two (2) of which are Gullwing lights (the “Fixtures”), of which one (1) is 100-watt mounted at 25 feet; one (1) is 400- watt mounted at 38 feet; three (3) 28-watt trail ballad lights at 100 feet, at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per Fixture per month (the “Monthly Charge”) for operating and maintenance are as follows: $15.92 per month for 400- watt fixture, $9.35 per month 100-watt fixture; $5.12 per month per fixture for 28-watt trail bollard fixtures, for a monthly total of $40.66. The Monthly Charge is composed of an energy charge and a charge for maintenance of the lights. All properties in the District will be assessed for their proportionate share of the maintenance and energy costs on an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the maintenance and energy costs are estimated at $487.92 per year for the entire District. The total area of the District to be assessed is 13.89 acres, or 604,844.00 square feet, exclusive of parks and open space. The estimated costs of the maintenance and energy per acre shall be $35.15 or $0.000807 per square foot. On an average size lot of 7,500 square feet the annual estimated cost would be $6.05, which is payable semiannually. The annual assessments for maintenance and energy costs 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 $2,500 for publication, mailing and legal review associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $180.00 per acre, or $0.000414 per square foot. On Monday, August 25, 2008, 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. 70 Written protests against the creation or extension of the District and the maintenance and energy 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 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, August 25, 2008. 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: August 4, 2008 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ______________________________ Stacy Ulmen City Clerk Legal Ad Publication Dates: Saturday, August 9, 2008 & Saturday, August 16, 2008 71 AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Stacy Ulmen, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in Re to the owners in Special Improvement Lighting District No. 706, as listed in Exhibit "B," in the U.S. Post Office at Bozeman, Montana, on Friday, August 8, 2008, directed to the owners at the addresses shown on Exhibit "B." _____________________________ Stacy Ulmen City Clerk Subscribed and sworn to before me this 8th day of August 2008. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: __________ 72 73 Phase 4 Cascade Development, Inc. 1627 W. Main St. Suite 223 Bozeman, MT 59715 74