HomeMy WebLinkAboutResolution No. 4388, modifying Special Improvement Lighting District 460 (North 7th Avenue).pdf Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Keri Thorpe, Assistant Planner
SUBJECT: Resolution No. 4388 / Modifying SILD #460 N. 7th Avenue
MEETING DATE: July 16, 2012
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Approve the adoption of Resolution No. 4388 to modify Special
Improvement Lighting District (SILD) 460 to allow for the installation of new street light fixtures
between W. Juniper Street and W. Oak Street on N. 7th Avenue.
RECOMMENDED MOTION: Move to approve Commission Resolution No. 4388.
BACKGROUND: The North 7th Avenue Urban Renewal Board (NSURB) has included in their
FY2012 and FY2013 annual budgets, street lighting improvements for N. 7th Avenue. The first phase
of the installation will occur between the south side of the Interstate 90 interchange and Juniper Street.
A portion of SILD 460 is included in this first phase. This portion extends from the northern edge of
the W. Oak Street right-of-way to the center line of W. Juniper Street right-of-way. The NSURB has
proposed removing the existing fixtures in this section and replacing them with 21 new 250 Watt High
Pressure Sodium decorative fixtures on 25 foot tall poles with underground wiring.
Before modifying the existing lighting district, State law requires that the City Commission adopt a
resolution of intention to do so. Per Section 7-12-4351, Montana Code Annotated:
7-12-4351. Major modification of existing lighting district. (1) The council of any city or town
is authorized to:
(a) modify an existing special improvement lighting district by changing the number and
spacing of lights, replacing overhead transmission lines with underground lines, increasing or
decreasing the level of illumination, or making other major modifications required by the public
interest and convenience;
(b) require that all or any part of the cost of the modification be paid by the owners of the
property within the district; and
(c) assess and collect all or any part of the cost of the modification by special assessment
against the property within the district.
(2) Before modifying an existing lighting district, the city council shall adopt a resolution of
intention to do so, either by motion of the council or upon presentation of a petition signed by the
owners or agents of at least 10% of the property within the district.
(3) The provisions in 7-12-4302 through 7-12-4305 for the content of the resolution, public
notice, protest, and consideration of protest that apply to the creation of a special improvement
lighting district also apply to the modification of an existing special improvement lighting district
authorized by this section.
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UNRESOLVED ISSUES: None at this time
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None
Attachment: Commission Resolution No. 4388
Memo prepared on: July 5, 2012
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COMMISSION RESOLUTION NO. 4388
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 460 (N. 7TH AVENUE) DECLARING IT
TO BE THE INTENTION OF THE CITY COMMISSION TO
MODIFY 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 Modify District 460; 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 N.
7th Avenue between a point 140 feet north of Main Street to the northern edge of the Oak Street
right-of-way and adjacent streets east and west of side N. 7th Avenue for a distance of 115 feet
either side of side N. 7th Avenue, (the “District”) for the purpose of paying energy and
maintenance costs. The City will maintain and pay energy costs for the modified and
unmodified portions of the District. The modified portion of the District includes 21 fixtures (the
“Fixtures”), of which will be Phillips Domus series, 250W HPS (high pressure sodium) at 25
feet; at the locations shown on Exhibit A (the “Improvements”). The unmodified portion of the
District includes 23-200W HPS cobra head mounted on 30 feet high steel poles with power fed
by a single overhead wire. It is estimated that the maintenance and energy costs for the new 250-
watt fixtures per fixture per month will be $ 10.02; 200-watt HPS fixtures per fixture per month
$25.46. The Monthly Charge is composed of an energy charge and a charge for maintenance of
the lights.
Section 2. Number of District. The District, if the same shall be modified and
established, shall continue to be known and designated as Special Improvement Lighting District
No. 460 (N. 7th Avenue) 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 energy costs and a portion of the
maintenance 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
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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
lineal feet of frontage method of assessment described in Sections 7-12-4324, M.C.A., as
particularly applied and set forth in this Section 5. The annual maintenance and energy costs are
estimated at $2525.02 per year for the modified portion of the District and $6546.68 for the
unmodified portion of the District, and shall be assessed against each lot, tract or parcel of land
in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to
the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues
and alleys. The total lineal frontage of the District to be assessed is 8,370 feet. The initial
maintenance and energy costs of the Improvements per shall be $1.25 per lineal foot annually for
the modified portion of the District and $1.03 per lineal foot for the unmodified portion.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs is estimated at $9,071.70, 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.
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 Clerk of the Commission until 5:00
p.m., M.T., on the expiration date of said 15-day period (August 6, 2012) written protest against
the proposed Improvements, or against the extension or creation of the District or both, and this
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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 6th, 2012, 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 22nd, 2012 and July 29th, 2012, 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 16th day of July, 2012.
___________________________________
SEAN A. BECKER
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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EXHIBIT B
Modified Portion
Sam Harvey Rental Develop Inc. PO Box 3913 Bozeman MT 59771
Darigold Inc 1130 Rainier Ave South Seattle WA 98144
Heinz K. Boeckmann 920 Hufford Pl Port Townsend WA 98368
Cecil Jack Sievert 521 W Hulbert Rd Bozeman MT 59718
Bozeman Apple Inc 2038 Overland Ave Billings MT 59102
D. Graves & E. Wallin 8260 Walker Rd Belgrade MT 59714
Sears Holding Corp #7027 3333 Beverly Rd, B2-110A Hoffman Estates IL 60179
Ryan Restaurant Corp/Tuition 2038 Overland Ave Billings MT 59102
Omnisky Enterprises LLC 3011 Trail Creek Rd Bozeman MT 59715
Bozeman Inn Company LLC 1235 N 7th Ave Bozeman MT 59715
Unmodified Portion
Robert G & Sherry J Essig 521 S 5th Ave Bozeman MT 59715
Eckroth Plaza Montana LLC 1655 N Grandview Ln, Ste 102 Bismarck ND 58503
Yvonne Arrington 507 W Main St Bozeman MT 59715
DAG, LLC 54 Park Plaza Bozeman MT 59715
William M & Jeannine Albee 8065 Cottonwood Rd Bozeman MT 59718
Bozo LLC PO Box 506 West Yellowstone MT 59758
Charles Schwier 119 N 7th Ave Bozeman MT 59715
Richard Spott 663 Sunny Acres Dr Bozeman MT 59718
Reed Liv Trust & S. Weinstein 12 Perkins Dr Prescott AZ 86301
Restaurant Properties 1627 W Main St #362 Bozeman MT 59715
HRDC of District IX Inc 32 S Tracy Ave Bozeman MT 59715
Yellowstone Country Food &
Beverage Inc. M Hensel PO Box 10580 Bozeman MT 59719
Royal "7" Motel 310 N 7th Ave Bozeman MT 59715
Decosse Westgate Partnership 2120 Chambers Dr Bozeman MT 59715
Nelson Investments, LP PO Box 11084 Bozeman MT 59719
Thomas & Judith Deibele PMB 267272
3590 Round Bottom Cincinnati OH 45244
BCE LLC 131 W Main Missoula MT 59802
Wilma Norris C/O Kevin Norris 415 Comfort Bozeman MT 59718
National Properties LP,
A Delaware Ltd. Partnership 450 S Orage Ave, Ste 900 Orlando FL 32801
Dennis & Lowell Springer 426 N 7th Ave Bozeman MT 59715
428 N 7th LLC 428 N 7th Ave Bozeman MT 59715
MKM Enterprises LLC 438 N 7th Ave Bozeman MT 59715
Stuart M. Mcintosh 795 Bullhook Drive Havre MT 59501
Burton & Kathleen Gibson 510 N 7th Ave Bozeman MT 59715
CJ & J 4 Candelight Dr Bozeman MT 59718
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American Federal Savings Bank PO Box 4999 Helena MT 59604
C. Rowland & K. Borgenicht 9293 Sky Ridge Dr Bozeman MT 59715
Dave Tirrell & Erik Maurer 615 N 7th Ave Bozeman MT 59715
Lifetime Adventures LLC 620 N 7th Ave Bozeman MT 59715
Haley Enterprises LLC PO Box 3445 Bozeman MT 59772
G & C Land LLC 4320 McIlhattan Rd Bozeman MT 59715
2LT LLC 706 N 7th Ave Bozeman MT 59715
RJM Holdings Enterprise LLC PO Box 3618 Bozeman MT 59772
Mad LLC 806 N 7th Ave Bozeman MT 59715
Sumitomo Bank Leasing &
Finance-Bridgestone 535 Marriott Dr Nashville TN 37214
Amerco Real Estate Co PO Box 29046 Phoenix AZ 85038
Charlotte Latta 18 Hill St Bozeman MT 59715
DMC Properties LLC PO Box 1407 Bozeman MT 59771
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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. 4388, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 460 DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO MODIFY 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 at a meeting on August 6th,
2012, 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 _____ day of August, 2012.
___________________________________
Stacy Ulmen, CMC
City Clerk
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