HomeMy WebLinkAboutResolution No. 4099, SILD #704 Traditions Sub Phases 2 & 3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager
SUBJECT: Resolution 4099 / SILD #704 Traditions Sub Phases 2 & 3
MEETING DATE: July 14, 2008
RECOMMENDATION: Adopt Commission Resolution No. 4099
BACKGROUND: The attached resolution, Resolution 4099,
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 #4099
COMMISSION RESOLUTION NO. 4099
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 704 (TRADITIONS SUBDIVISION
PHASES 2 & 3) 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 Traditions
Subdivision, Phases 2 & 3 (the “District”) for the purpose of maintenance and energy costs. The
District will pay for maintenance and energy costs for eleven (11) 400 watt Metal Halide lights
(the “Fixtures”), of which one (1) is 250-watt mounted at 35 feet; five (5) are 100-watt mounted
at 25 feet; five (5) 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: $20.78 per 250-watt fixture, $14.29 per 100-watt
fixture; $11.14 per 28-watt fixture, for a monthly total of $147.93.
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. 704
(Traditions Subdivision Phases 2 & 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). 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 -
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
$1,775.16 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 9.02 acres, or 392,911.20 square feet, exclusive of parks and open
space. The initial maintenance and energy costs of the Improvements per acre shall be $196.81
or $0.004518 per square foot annually.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs is estimated at $1,775.16, 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
$277.16 per acre, or $0.006363 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 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
- 2 -
- 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 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. 4099, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 704 (TRADITIONS SUBDIVISION PHASES 2 & 3) 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 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. 704
(TRADITIONS SUBDIVISION PHASES 2 & 3)
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. 704 (the “District”) for the purpose of
maintaining lighting and assessing the costs for maintenance and energy to serve the Traditions
Subdivision Phases 2 & 3 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 eleven (11) 400 watt Metal Halide lights
(the “Fixtures”) , of which one (1) is 250-watt mounted at 35 feet; five (5) are 100-watt mounted
at 25 feet; five (5) 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: $20.78 per 250-watt fixture, $14.29per 100-watt
fixture; $11.14per 28-watt fixture, for a monthly total of $147.93. 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
$1,775.16 per year for the entire District. The total area of the District to be assessed is 9.02
acres, or 392,911.20 square feet, exclusive of parks and open space. The estimated costs of the
maintenance and energy per acre shall be $196.81 or $0.004518 per square foot. On an average
size lot of 7,500 square feet the annual estimated cost would be $33.89, 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 $277.17 per acre, or $0.006363 per square foot.
On Monday, August 4, 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 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 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. 704, 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: __________
ACCT #SQ FTLEGAL DESCRIPTIONOWNER NAMEMAILING ADDRESS156100505,249.00ROSA ANNEXATION TRACT BRosa Construction 125 Central Ste 1A Bozeman MT 59718COS 2389 39.836 ACRESWAS ROSA SUBDIVISION ‐ NOWTRADITIONS PH 1‐3