HomeMy WebLinkAboutResolution No. 3951, SILD #694 Traditions Sub Phase 1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager
SUBJECT: Resolution 3951 / SILD # 694 Traditions Sub Phase 1
MEETING DATE: July 14, 2008
RECOMMENDATION: Adopt Commission Resolution No. 3951
BACKGROUND: The attached resolution, Resolution 3951,
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: 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 8, 2008
Attached Documents: Resolution #3951
COMMISSION RESOLUTION NO. 3951
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 694 (TRADITIONS SUBDIVISION PHASE
1) DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS
AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP,
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 Traditions Subdivision
Phase 1 (the “District”) for the purpose of installing certain lighting fixtures and paying annual
ownership, maintenance and energy costs. Pursuant to an agreement (the “Agreement”) between the
City and Northwestern Energy (the “Company”), the Company will install, maintain and provide
energy for ten (10) Decashield 400 Luminaire light fixtures (the “Fixtures”), of which two (2) will
be 250-watt fixtures mounted at 35 feet; eight (8) will be 100-watt fixtures mounted at 25 feet; at the
locations shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per
month (the “Monthly Charge”) are as follows: $40.37 for the 250-watt fixtures, $34.95 for the 100-
watt fixtures, for a total of $360.34 per month. The initial Monthly Charge is based on price of
Fixtures quoted by manufacturer as of the date hereof, which are subject to increase on 30 days
notice prior to placing an order.
The Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge
and a charge for operation and maintenance of the Improvements. The Monthly Charge may be
increased as approved by the Montana Public Service Commission, the rates for each component of
which will be shown on the Company’s Schedule No. ELDS-1. The costs of the Improvements will
be payable from special assessments to be levied against property in the District.
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. 694
(Traditions Subdivision Phase 1) 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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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 costs of the Improvements, as specified herein. The costs of the Improvements
shall be assessed against the property in the District benefiting from the Improvements, based on the
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 costs of the Improvements at the initial Monthly Charge
is $4,324.08 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 7.70 acres, or 335,421.00 square feet, exclusive of parks and open space. The
initial costs of the Improvements per acre shall be $561.57 or $0.012892 per square foot annually.
Section 6. Payment of Assessments. Special assessments for the annual costs of the
Improvements in the total initial amount of $4,324.08, 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 $324.68 per acre, or
$0.007454 per square foot.
Section 7. Extraordinary Repair or Replacement. The costs of the Improvements and
assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for
extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an
additional charge to the City 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. The City is obligated under the Agreement to
maintain the District for seven years. 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.
- 2 -
- 3 -
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 making the Improvements 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 4, 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 4, 2008, at 6:00 p.m., in the Community Room of the
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 July
19 and July 26, 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 14th day of July 2008.
____________________________________
KAAREN JACOBSON
Mayor
ATTEST:
____________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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. 3951, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 694 (TRADITIONS SUBDIVISION PHASE 1) DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE
OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR INSTALLATION, OWNERSHIP, 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 14, 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 14th day of July 2008.
___________________________________
Stacy Ulmen
City Clerk
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 694
(TRADITIONS SUBDIVISION PHASE 1)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 14, 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. 694 (the “District”) for the purpose of financing
the costs of installing lighting improvements (the “Improvements”) to serve the Traditions
Subdivision Phase 1, and paying ownership charge, 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 Improvements, 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.
Pursuant to an agreement (the “Agreement”) between the City and Northwestern Energy
(the “Company”), the Company will install (10) Decashield 400 Luminaire light fixtures (the
“Fixtures”), of which two (2) will be 250-watt fixtures mounted at 35 feet; eight (8) will be 100-watt
fixtures mounted at 25 feet; (the “Improvements”). The initial monthly charges per fixture per
month (the “Monthly Charge”) are as follows: $40.37 for the 250-watt fixtures, $34.95 for the 100-
watt fixtures, for a total of $360.34 per month. The Monthly Charge is composed of an ownership
charge for the Fixtures, an energy charge and a charge for operation and maintenance of the
Improvements. The Monthly Charge may be increased as approved by the Montana Public Service
Commission.
All properties in the District will be assessed for their proportionate share of the costs of the
Improvements as an “area basis” annually and will be payable in equal semiannual installments.
The annual costs of the Improvements at the initial Monthly Charge are $4,324.08 per year for the
entire District. The total area of the District to be assessed is 7.70 acres, or 335,421.00 square feet,
exclusive of parks and open space. The initial costs of the Improvements per acre shall be $561.57,
or $0.012892 per square foot. On an average size lot of 7,000 square feet the annual estimated cost
would be $90.25, 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 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 $324.68 per acre, or $0.007454 per square foot.
On Monday, July 14, 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.
Written protests against the creation or extension of the District and the Improvements 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 4, 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: July 14, 2008
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
__________________________________
Stacy Ulmen
City Clerk
Legal Ad
Publication Dates: Saturday, July 19, 2008 & Saturday, July 26, 2008
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. 694, as listed in Exhibit "B," in the U.S. Post Office at Bozeman, Montana, on Friday,
July 18, 2008, directed to the owners at the addresses shown on Exhibit "B."
________________________________
Stacy Ulmen
City Clerk
Subscribed and sworn to before me this 18th day of July 2008.
(Notarial Seal)
________________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: __________
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184070 6 000 00 TRADITIONS SUB PHASE 1 LOT 11 BLK 2 ROSA‐JOHNSON CONSTRUCTION LLC
ACCT #SQ FT LEGAL DESCRIPTION OWNER NAME
184660 4,204.00 TRADITIONS SUB PHASE 1 LOT 3A BLK 1 ROSA CONSTRUCTION
184330 9,010.00 TRADITIONS SUB PHASE 1 LOT 4 BLK 8 ROSA‐JOHNSON CONSTRUCTION LLC
182890 3,000.00 TRADITIONS SUB PHASE 1 LOT 2A BLK 2 ROSA CONSTRUCTION
182900 3,000.00 TRADITIONS SUB PHASE 1 LOT 2B BLK 2 MONFORTON, MICHAEL & KAREN
183960 3,926.00 TRADITIONS SUB PHASE 1 LOT 1A BLK 2 ROSA CONSTRUCTION
183970 3,000.00 TRADITIONS SUB PHASE 1 LOT 1B BLK 2 ROSA CONSTRUCTION
183980 3,000.00 TRADITIONS SUB PHASE 1 LOT 3A BLK 2 ROSA‐JOHNSON CONSTRUCTION LLC
183990 3,000.00 TRADITIONS SUB PHASE 1 LOT 3B BLK 2 ROSA‐JOHNSON CONSTRUCTION LLC
184000 3,000.00 TRADITIONS SUB PHASE 1 LOT 4A BLK 2 ELDER, SARA
184010 3,000.00 TRADITIONS SUB PHASE 1 LOT 4B BLK 2 ROSA‐JOHNSON CONSTRUCTION LLC
184020 3,000.00 TRADITIONS SUB PHASE 1 LOT 5A BLK 2 ROSA‐JOHNSON CONSTRUCTION LLC
184030 3,000.00 TRADITIONS SUB PHASE 1 LOT 5B BLK 2 ROSA‐JOHNSON CONSTRUCTION LLC
184040 10,651.00 TRADITIONS SUB PHASE 1 LOT 6 BLK 2 ROSA CONSTRUCTION
184050 6,147.00 TRADITIONS SUB PHASE 1 LOT 13 BLK 2 ROSA CONSTRUCTION
184060 6,001.00 TRADITIONS SUB PHASE 1 LOT 12 BLK 2 ROSA CONSTRUCTION
184070 6 000 00, .TRADITIONS SUB PHASE 1 LOT 11 BLK 2 ROSA‐JOHNSON CONSTRUCTION LLC
184080 6,000.00 TRADITIONS SUB PHASE 1 LOT 10 BLK 2 ROSA‐JOHNSON DEVELOPMENT LLC
184090 6,001.00 TRADITIONS SUB PHASE 1 LOT 9 BLK 2 ROSA‐JOHNSON DEVELOPMENT LLC
184100 6,000.00 TRADITIONS SUB PHASE 1 LOT 8 BLK 2 ROSA‐JOHNSON DEVELOPMENT LLC
184110 6,057.00 TRADITIONS SUB PHASE 1 LOT 7 BLK 2 ROSA CONSTRUCTION
184250 28,256.00 TRADITIONS SUB PHASE 1 LOT 1 BLK 9 ROSA CONSTRUCTION
184260 3,003.00 TRADITIONS SUB PHASE 1 LOT 2A BLK 9 ROSA CONSTRUCTION
184270 3,000.00 TRADITIONS SUB PHASE 1 LOT 2B BLK 9 ROSA CONSTRUCTION
184280 3,000.00 TRADITIONS SUB PHASE 1 LOT 2C BLK 9 ROSA CONSTRUCTION
184290 3,523.00 TRADITIONS SUB PHASE 1 LOT 2D BLK 9 ROSA CONSTRUCTION
184300 9,103.00 TRADITIONS SUB PHASE 1 LOT 1 BLK 8 ROSA, JOHN
184310 7,950.00 TRADITIONS SUB PHASE 1 LOT 2 BLK 8 ROSA‐JOHNSON CONSTRUCTION LLC
184320 7,950.00 TRADITIONS SUB PHASE 1 LOT 3 BLK 8 ROSA‐JOHNSON CONSTRUCTION LLC
184340 7,025.00 TRADITIONS SUB PHASE 1 LOT 5 BLK 8 ROSA CONSTRUCTION
184350 7,950.00 TRADITIONS SUB PHASE 1 LOT 6 BLK 8 ROSA‐JOHNSON CONSTRUCTION LLC
184360 7,950.00 TRADITIONS SUB PHASE 1 LOT 7 BLK 8 ROSA‐JOHNSON CONSTRUCTION LLC
184370 7,950.00 TRADITIONS SUB PHASE 1 LOT 8 BLK 8 ROSA‐JOHNSON CONSTRUCTION LLC
184380 8,917.00 TRADITIONS SUB PHASE 1 LOT 9 BLK 8 ROSA‐JOHNSON CONSTRUCTION LLC
184390 4,668.00 TRADITIONS SUB PHASE 1 LOT 1A BLK 3 ROSA CONSTRUCTION
184400 3,751.00 TRADITIONS SUB PHASE 1 LOT 1B BLK 3 ROSA CONSTRUCTION
184410 3,751.00 TRADITIONS SUB PHASE 1 LOT 2A BLK 3 ROSA CONSTRUCTION
184420 3,751.00 TRADITIONS SUB PHASE 1 LOT 2B BLK 3 ROSA CONSTRUCTION
184430 3,751.00 TRADITIONS SUB PHASE 1 LOT 3A BLK 3 ROSA CONSTRUCTION
184440 3,751.00 TRADITIONS SUB PHASE 1 LOT 3B BLK 3 ROSA CONSTRUCTION
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184670 3 000 00 TRADITIONS SUB PHASE 1 LOT 3B BLK 1 WUBS DANIEL &CHERILYN
184450 3,751.00 TRADITIONS SUB PHASE 1 LOT 4A BLK 3 ROSA CONSTRUCTION
184460 4,751.00 TRADITIONS SUB PHASE 1 LOT 4B BLK 3 ROSA CONSTRUCTION
184470 6,625.00 TRADITIONS SUB PHASE 1 LOT 5 BLK 3 ROSA CONSTRUCTION
184480 3,751.00 TRADITIONS SUB PHASE 1 LOT 6A BLK 3 ROSA CONSTRUCTION
184490 3,751.00 TRADITIONS SUB PHASE 1 LOT 6B BLK 3 ROSA CONSTRUCTION
184500 3,751.00 TRADITIONS SUB PHASE 1 LOT 7A BLK 3 ROSA CONSTRUCTION
184510 3,751.00 TRADITIONS SUB PHASE 1 LOT 7B BLK 3 ROSA CONSTRUCTION
184520 3,751.00 TRADITIONS SUB PHASE 1 LOT 8A BLK 3 ROSA CONSTRUCTION
184530 3,751.00 TRADITIONS SUB PHASE 1 LOT 8B BLK 3 ROSA CONSTRUCTION
184540 3,751.00 TRADITIONS SUB PHASE 1 LOT 9A BLK 3 ROSA CONSTRUCTION
184560 5,686.00 TRADITIONS SUB PHASE 1 LOT 1A BLK 1 PHILLIPS, JOSH
184570 3,000.00 TRADITIONS SUB PHASE 1 LOT 1B BLK 1 BAKER, JEFF
184580 3,000.00 TRADITIONS SUB PHASE 1 LOT 1C BLK 1 TRAXINGER, AARON S
184590 3,000.00 TRADITIONS SUB PHASE 1 LOT 1D BLK 1 WERNER, BEN
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184610 4,046.00 TRADITIONS SUB PHASE 1 LOT 2A BLK 1 HEBERT, DAVID
184620 3,000.00 TRADITIONS SUB PHASE 1 LOT 2B BLK 1 ROSA CONSTRUCTION
184630 3,000.00 TRADITIONS SUB PHASE 1 LOT 2C BLK 1 ROSA CONSTRUCTION
184640 3,000.00 TRADITIONS SUB PHASE 1 LOT 2D BLK 1 ROSA CONSTRUCTION
184650 3,809.00 TRADITIONS SUB PHASE 1 LOT 2E BLK 1 ROSA‐JOHNSON CONSTRUCTION LLC
184670 3 000 00, .TRADITIONS SUB PHASE 1 LOT 3B BLK 1 WUBS DANIEL &CHERILYN,
184680 3,651.00 TRADITIONS SUB PHASE 1 LOT 3D BLK 1 ROSA CONSTRUCTION
184690 4,074.00 TRADITIONS SUB PHASE 1 LOT 4A BLK 1 ROSA CONSTRUCTION
184700 3,000.00 TRADITIONS SUB PHASE 1 LOT 4B BLK 1 ROSA CONSTRUCTION
184710 3,000.00 TRADITIONS SUB PHASE 1 LOT 4C BLK 1 ROSA CONSTRUCTION
184720 3,000.00 TRADITIONS SUB PHASE 1 LOT 4D BLK 1 ROSA CONSTRUCTION
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6465 RIVER RD BOZEMAN MT 59718
4364 BROOKSIDE LN BOZEMAN MT 59718
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