HomeMy WebLinkAboutResolution No. 4276, Intent to Create Lighting District No. 711 Norton Ranch.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Tech
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4276 / Intent to Create a Special Improvement Lighting District #711
for Norton Ranch Subdivision Phase 1
MEETING DATE: August 23, 2010
AGENDA ITEM TYPE: Consent
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
RECOMMENDATION: Approve Commission Resolution No. 4276, Intent to Create Special
Improvement Lighting District #711 for Norton Ranch Subdivision Phase 1.
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 $93.11 per acre or $1,997.40 in total for
the District per year. The total acres within this district are 21.453.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No. 4276
Report compiled on: August 12, 2010
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COMMISSION RESOLUTION NO. 4276
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 711 (NORTON RANCH SUBDIVISION
PHASE 1) DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR ASSESSING THE
COSTS FOR 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 the Norton Ranch Subdivision Phase 1,
(the “District”) for the purpose of maintenance and energy costs. The District will pay for
maintenance and energy costs for thirty-four (34) total of which one (1) will be 250 watt M-
250A2 Power/Door Luminaire w/cutoff Optic lights (the “Fixtures”) mounted at 38 feet ,
seventeen (17) are 150 watt mounted at 25 feet, sixteen (16) are 50 watt high bollard mounted at
42 inches 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: $15.50 per 250 watt fixture, $112.50 per 150 watt fixture, $38.45 for a monthly total of
$166.45.
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. 711 (Norton Ranch 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). 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).
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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 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 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 $1,997.40per 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 21.453 acres, or 934,492.68 square feet, exclusive of parks and open space. The
initial maintenance and energy costs of the Improvements per acre shall be $93.11 or $0.002137
per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs is
estimated at $1,997.40, 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
assess in the same manner as the Improvements resulting in a cost not to exceed $116.53 per
acre, or $0.002675 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
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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 (September 13, 2010) 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 September 27, 2010, at 6:00 p.m., in the Commission Room at City Hall,
121 N Rouse Ave, 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 29 and
September 5, 2010, 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 by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 23rd day of August, 2010.
__________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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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. 4276, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 711 (Norton Ranch Subdivision Phase 1) 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 August 23, 2010, 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 23rd day of August, 2010.
___________________________________
Stacy Ulmen, CMC
City Clerk
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 711
(NORTON RANCH SUBDIVISION PHASE 1)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 23, 2010, 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. 711 (the “District”) for the purpose of
maintaining lighting and assessing the costs for maintenance and energy to serve the Norton
Ranch Subdivision Phase 1 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 thirty-four (34) total of which one (1)
will be 250 watt M-250A2 Power/Door Luminaire w/cutoff Opticw lights (the “Fixtures”)
mounted at 38 feet , seventeen (17) are 150 watt mounted at 25 feet, sixteen (16) are 50 watt
high bollard mounted at 42 inches 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: $15.50 per 250 watt fixture, $112.50 per 150 watt fixture, $38.45
for a monthly total of $166.45. 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
$1,997.40 per year for the entire District. The total area of the District to be assessed is 21.453
acres, or 934,492.68 square feet, exclusive of parks and open space. The estimated costs of the
maintenance and energy per acre shall be $93.11 or $0.002137 per square foot. On an average
size lot of 7,500 square feet the annual estimated cost would be $16.03, 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 $116.53 per acre, or $0.002675 per square foot.
On Monday, September 27, 2010, at 6:00 p.m., in the Commission Room of the City of
Bozeman, 121 N Rouse Ave, 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.
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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 City Hall, 121 N Rouse Ave, Bozeman, Montana
not later than 5:00 p.m., M.T., on Tuesday, September 13, 2010.
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: August 23, 2010
BY ORDER OF THE CITY
COMMISSION OF THE CITY OF
BOZEMAN, MONTANA
______________________________
Stacy Ulmen, CMC
City Clerk
Legal Ad
Publication Dates: Sunday, August 29, 2010 & Sunday, September 5, 2010
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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. 711, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, August 27, 2010, directed to the owners at the addresses shown on Exhibit "B".
_____________________________
Stacy Ulmen, CMC
City Clerk
Subscribed and sworn to before me this 27th day of August, 2010.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: __________
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Owner
Norton Properties 63026 NE Lower Meadows Dr Ste 200 Bend, OR 97701
Mailing Address
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