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HomeMy WebLinkAboutResolution No. 4293, Final Creation of SILD No0. 711, Norton Ranch Subdivision.pdf - 1 - 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 4293 / Final Creation of Special Improvement Lighting District #711 for Norton Ranch Subdivision Phase 1 MEETING DATE: September 27, 2010 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4293/Final Creation of Special Improvement Lighting District #711 for Norton Ranch Subdivision Phase 1. BACKGROUND: On August 23, 2010 the resolution of intent to create was presented and approved, that resolution #4276 has been attached for your reference. 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. As of the date this memo was compiled, September 16, 2010, there had been no public comment on the creation of this district. 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 the district are 21.453. 96 - 2 - ALTERNATIVES: As suggested by the City Commission. Attachment: Resolution No.4293 Memo compiled on: September 16, 2010 97 1 of 3 COMMISSION RESOLUTION NO. 4293 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 711 (NORTON RANCH SUBDIVISION PHASE 1); CREATING 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. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on August 23, 2010, adopted Resolution No. 4276 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 711 (Norton Ranch Subdivision Phase 1) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on September 27, 2010, this Commission conducted a public hearing on the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was approved is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for approval in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance 98 Resolution No. 4293, Lighting District 711, Norton Ranch Subdivision, Phase 1 2 of 3 with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 711 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. APPROVED by the City Commission of the City of Bozeman, Montana, this 27th day of September, 2010. _________________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________________ GREG SULLIVAN City Attorney 99 Resolution No. 4293, Lighting District 711, Norton Ranch Subdivision, Phase 1 3 of 3 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. 4293, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 711 (NORTON RANCH SUBDIVISION PHASE 1); CREATING 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. 4293 (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly approved by the City Commission of the City at a meeting on September 27, 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 September 27, 2010. ____________________________________ STACY ULMEN, CMC City Clerk 100 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 thirtyfour 34 total of which one 1 will be 250 watt M 250A2 PowerDoor Luminaire wcutoff 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 1550 per 250 watt fixture 11250 per 150 watt fixture 3845 for a monthly total of 16645 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 I 101 Section 4 Benefited Propert 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 7124323 MCA as particularly applied and set forth in this Section 5 The annual maintenance and energy costs are estimated at 199740per 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 21453 acres or 93449268 square feet exclusive of parks and open space The initial maintenance and energy costs of the Improvements per acre shall be 9311 or 0002137 per square foot annually Section 6 Payment of Assessments Special assessments for the annual maintenance and energy costs is estimated at 199740 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 2500 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 11653 per acre or 0002675 persquare foot Section 7 Extraordinga Repair or Replacement The maintenance and energy costs and assessments set forth in Section I and 5 are based on normal conditions and do not cover charges for repair andor replacement The City may make an additional charge to the District for costs of labor and actual material costs for repairs andor 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 threefourths of the total amount of property within the District asking that the maintenance and operation of the special lighting system and the famishing of electrical current in the district be discontinued or if a majority of the City Commission votes to discontinue the District the City Commission 102 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 ofthe 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 Cleric until 500 pm MT on the expiration date of said 15day 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 ofthe 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 600 pm 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 lastknown 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 23 day ofAugust 2010 ary AEI m l 41E CSC its Clerk AJYI KRAUSS APPROVED AS TO FORM P dAEG SILLLIVAN City Attorney 3 103 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE 1 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 Mh4a kec4ss Cr AnAna voted B 4ckdagainstthesameCrabstained from voting thereon or were absent WITNESS my hand officially this 23 day of August 201 Srtacy U en C C City u 104 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 I 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 thirtyfour 34 total of which one 1 will be 250 watt M250A2 PowerDoor Luminaire wcutoff 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 1550 per 250 watt fixture 11250 per 150 watt fixture 3845 for a monthly total of 16645 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 199740 per year for the entire District The total area of the District to be assessed is 21453 acres or 93449268 square feet exclusive of parks and open space The estimated costs of the maintenance and energy per acre shall be 9311 or 0002137 per square foot On an average size lot of 7500 square feet the annual estimated cost would be 1603 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 2500 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 11653 per acre or 0002675 per square foot On Monday September 27 2010 at 600 pm 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 105 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 500 pm MT 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 5822320 Dated August 23 2010 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA CMC City m niZtyStacy LegalAd Publication Dates Sunday August 29 2010 Sunday September 5 2010 106 i FR MpN STS MT a u uT nRRgvwEHT4 nasn8lirvp Enpimis nmd knnd Sntnysrs OCiZEMAN MONTMA I BOZUAM ELCCMCAt 577E PLAN 107 Owner Mailing Address Norton Properties 63026 NE Lower Meadows Dr Ste 200 Bend OR 97701 108 AFFIDAVIT OF MAILING STATE OF MONTANA County of Gallatin ss 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 US Post Office at Bozeman Montana on Friday August 27 20 directed to the owners at the addresses shown on Exhibit B Stacy Ul CmC City Clerk Subscribed and sworn to before me this 27 day of August 201 Notarial Seal ffi PriAted nameS Notary Public for the State of Montana NOTnRUAL Residing at Bozeman Montana My Commission expiresSEAL AIMS E KISS EL OF rylo rJE F ONPJ 0 A r1 AX f MV cnnrvjj11Cr4 fXaMV J 4 LIC121 109 bi ce m tu NLoc mwM0 U mc ci opt 4 xs U E Lu 110 111 112 113 114 115 116 117 118