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HomeMy WebLinkAboutResolution No. 4294, Final Creation of Special Improvement Lighting District No. 712, Cottonwood.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 4294 / Final Creation of Special Improvement Lighting District #712 for Cottonwood Road MEETING DATE: October 11, 2010 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4294/Final Creation of Special Improvement Lighting District #712 for Cottonwood Road. BACKGROUND: On September 13, 2010 the resolution of intent to create was presented and approved, that resolution #4281 has been attached for your reference. As of the date this memo was compiled, September 29, 2010, there had been no public comment on the creation of this district. Lighting Standards: These lights have been the topic of discussion during two previous Commission meetings, as part of the J&D Subdivision preliminary plat public hearing, and a subsequent presentation provided by Debbie Arkell regarding height, color, and type of poles to be allowed in the City. The Developer has made the change from the angled poles and approved as part of the Norton Ranch preliminary plat submittal to the standard straight poles coated in Hunter Green – both in compliance with the Commission’s direction. As shown on the attached materials, they are mounted on 25’ high poles. The height, spacing, and fixtures are in compliance with City lighting standards – ANSI/IESNA RP-8-00. 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 38 - 2 - 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: 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 $68.69 per acre within the district and an estimated total for the entire district to be $3,159.96. ALTERNATIVES: As suggested by the City Commission. Attachment: Resolution No.4294 Memo compiled on: September 29, 2010 39 1 of 3 COMMISSION RESOLUTION NO. 4294 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 712 (COTTONWOOD ROAD); 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 September 13, 2010, approved Resolution No. 4281 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 712 (Cottonwood Road) 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 October 11, 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 41 Resolution No. 4294, Lighting District 712, Cottonwood Road 2 of 3 provide notice of the resolution of assessment and schedule a public hearing therefore in conformance 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. 712 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 11th day of October, 2010. _________________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________________ GREG SULLIVAN City Attorney 42 Resolution No. 4294, Lighting District 712, Cottonwood Road 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. 4294, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 712 (COTTONWOOD ROAD); 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. 4294 (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 October 11, 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 October 11, 2010. ____________________________________ STACY ULMEN, CMC City Clerk 43 COMMISSION RESOLUTION NO. 4281 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 712 (COTTONWOOD ROAD) 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 Cottonwood Road from Babcock to Fallon, (the “District”) for the purpose of maintenance and energy costs. The District will pay for maintenance and energy costs for seventeen (17) 250 watt M-250A2 Powr/Door Luminaries with Cutoff Optics (the “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”) for operating and maintenance are $15.49 per 250 watt fixture, for a monthly total of $263.33. 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. 712 (Cottonwood Road) 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 44 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 $3,159.96 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 46.00 acres, or 2,003,760.00 square feet, exclusive of parks and open space. The initial maintenance and energy costs of the Improvements per acre shall be $68.69 or $0.001577 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs is estimated at $3,159.96, 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 $54.35 per acre, or $0.001248 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. 45 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 (October 4, 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 October 11, 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 September 19 and September 26, 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 13th day of September, 2010. ______________________________ JEFFREY K KRAUSS Mayor ____________________ STACY ULMEN, CMC City Clerk _____________________________ GREG SULLIVAN City Attorney 46 47 48 49