HomeMy WebLinkAboutApprove Resolution 4465, Intent to Create Lighting District 716, The Crossing 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, City Treasurer
Anna Rosenberrry, Administrative Services Director
SUBJECT: Resolution 4465 / Intent to create a Special Improvement Lighting District #716 for The Crossing 2
MEETING DATE: September 23, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4465/Intent to create Special
Improvement Lighting District #716 for The Crossing 2
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 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 $77.23 per acre within the district or $1,339.28 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4465
Report compiled on: Sept 4, 2013
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COMMISSION RESOLUTION NO. 4465
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 716 (THE CROSSING 2) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
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 Crossing 2
(the “District”) for the purpose of, maintenance and energy costs. The district will pay the
maintenance and energy costs for five (5) Lumec, 17.5’ Decorative Base Mount Pole with Lumec
Domus style luminary fixtures, which will be 100-watt fixtures arm mounted at 17.5 and four (4) KW
30’ Round Straight Base Mount Poles with Gardco Gullwing style luminary fixtures, which will be
mounted at 30 feet and will be 400-watt fixtures (the “Fixtures”); at the locations shown on Exhibit
A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $34.75 for the 170-watt fixtures and $76.85 for the 470-watt
fixtures, for a total of $111.60 per month.
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.716 (The Crossing 2) 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), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties 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
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Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements, 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 Improvements. 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, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are
estimated at $1,339.24 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 17.34 acres, or 755,510 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $77.23 or $0.0018 per
square foot annually.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs are estimated at $1,339.24, 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 $500 for publication and mailing associated with creation of the District which shall be
assessed in the same manner as the Improvements resulting in a cost not to exceed $106.07 per acre, or $0.0024 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
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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 cost and
expense of maintenance and energy 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 9, 2013) written protest against the proposed maintenance and energy costs, 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 14, 2013, at 6:00 p.m., in the
Commission Room at City Hall, 121 N Rouse Ave. 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 25th and September 29th, 2013, 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 APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 23rd day of September, 2013.
___________________________________
SEAN A. BECKER
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. 4465, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 716 (THE CROSSING 2) DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO CREATE 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.” (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 September 23, 2013, 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 September, 2013.
___________________________________
Stacy Ulmen, CMC
City Clerk
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 716
(THE CROSSING 2)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on September 23, 2013, 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. 716 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to The Crossing 2, 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 costs, the boundaries and the area included in the District, the location of the Improvements 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 for five (5) Lumec, 17.5’ Decorative Base
Mount Pole with Lumec Domus style luminary fixtures, which will be 100-watt fixtures arm mounted at
17.5 and four (4) KW 30’ Round Straight Base Mount Poles with Gardco Gullwing style luminary
fixtures, which will be mounted at 30 feet and will be 400-watt fixtures (the “Fixtures”); at the
locations shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $34.75 for the 170-watt fixtures and $76.85 for the 470-watt fixtures, for a total of $111.60 per month. 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 costs of the Improvements as an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge are $1,339.24
per year for the entire District. The total area of the District to be assessed is 17.34 acres, or
755,510 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $77.23, or $0.0018 per square foot. On an average size lot of 8,400 square feet the annual estimated cost would be $15.12, which is payable semiannually. The annual assessments for costs of the Improvements 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 $500
for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $106.07 per acre, or $0.0024 per square foot.
On Monday, October 14, 2013, at 6:00 p.m., in the Commission Room at City Hall 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.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
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whose property is liable to be assessed for the costs. 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
Wednesday, October 9, 2013.
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: September 23, 2013 BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
Stacy Ulmen, CMC
City Clerk
Legal Ad
Publication Dates: Wednesday, September 25, 2013 & Sunday, September 29, 2013
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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. 716, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Wednesday, Sept 25, 2013, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Stacy Ulmen, CMC
City Clerk
Subscribed and sworn to before me this 25th day of September, 2013.
(Notarial Seal) _______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: __________
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SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B11-79 SILDREV DATE
Engineering
tdhengineering.com
REVISION
THE CROSSING AT BAXTER MEADOWS
BOZEMAN, MONTANA
THE CROSSING 2
SILD DISTRICT BOUNDARY B11-079-0225/30/13NA.DWG1 OF 1KLSNANAJ:\2011\B11-079 Andy Holloran-The Crossing (Baxter Meadows Phase 4)\DOCUMENTS\SILD\B11-79 SILD.dwg, 7/18/2013 4:04:17 PM, KLS
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Assessible
Location ID Lot Blk Area Sq Ft
220060 1 2 3493Lolo Way 9400 7500
220070 2 2 3473 Lolo Way 8225 7500
220080 3 2 3445 Lolo Way 8225 7500
220090 4 2 3427 Lolo Way 8225 7500
220110 5 2 3389 Lolo Way 8225 7500
220100 6 2 3367 Lolo Way 8225 7500
220120 7 2 3351 Lolo Way 8129 7500
220130 8 2 3339 Lolo Way 12384 7500
220140 9 2 1988 Marias Lane 14375 7500
220150 10 2 1964 Marias Lane 8050 7500
220160 11 2 1942 Marias Lane 8050 7500
220170 12 2 1920 Marias Lane 8282 7500
220220 13 2 1896 Marias Lane 8050 7500
220180 14 2 1862 Marias Lane 8050 7500
220200 15 2 1838 Marias Lane 8050 7500
220210 16 2 1808 Marias Lane 9088 7500
220290 1 4 3498 Lolo Way 9000 7500
220280 2 4 3470 Lolo Way 8100 7500
220270 3 4 3440 Lolo Way 8100 7500
220260 4 4 3422 Lolo Way 8100 7500
220250 5 4 3390 Lolo Way 8100 7500
220240 6 4 3362 Lolo Way 8100 7500
220230 7 4 3348 Lolo Way 9090 7500
220300 8 4 3489 Lemhi Trail Dr 9000 7500
220310 9 4 3477 Lemhi Trail Dr 8100 7500
220320 10 4 3461 Lemhi Trail Dr 8100 7500
220330 11 4 3423 Lemhi Trail Dr 8100 7500
220340 12 4 3385 Lemhi Trail Dr 8100 7500
220350 13 4 3361 Lemhi Trail Dr 8100 7500
220360 14 4 3349 Lemhi Trail Dr 8674 7500
220370 1 6 3482 Lemhi Trail Dr 10700 7500
220380 2 6 3480 Lemhi Trail Dr 9362 7500
220390 3 6 3466 Lemhi Trail Dr 9362 7500
220400 4 6 3426 Lemhi Trail Dr 9362 7500
220410 5 6 3394 Lemhi Trail Dr 9362 7500
Address
Zone R-3
The Crossing 2 Subdivision
Owner: Holyoke V, Inc.
101 W Prairie Shopping Ctr Unit 373
Hayden, ID 83835
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220420 6 6 3376 Lemhi Trail Dr 9362 7500
220430 7 6 3354 Lemhi Trail Dr 10390 7500
220440 8 6 3477 Tschache Ln 10700 7500
220450 9 6 3459 Tschache Ln 9363 7500
220460 10 6 3437 Tschache Ln 9363 7500
220470 11 6 3419 Tschache Ln 9363 7500
220480 12 6 3391 Tschache Ln 9363 7500
220490 13 6 3379 Tschache Ln 8828 7500
220510 14 6 3353 Tschache Ln 9719 7500
220520 1 7 3480 Tschache Ln 8250 7500
220530 2 7 3462 Tschache Ln 7150 7500
220540 3 7 3446 Tschache Ln 7150 7500
220550 4 7 3424 Tschache Ln 7150 7500
220560 5 7 3402 Tschache Ln 7150 7500
220570 6 7 3386 Tschache Ln 7150 7500
220580 7 7 3370 Tschache Ln 7150 7500
220590 8 7 3352 Tschache Ln 7150 7500
220600 9 7 3340 Tschache Ln 7150 7500
220610 10 7 3326 Tschache Ln 7640 7500
220620 11 7 3485 Monida St 7150 7500
220630 12 7 3447 Monida St 7150 7500
220640 13 7 3429 Monida St 7150 7500
220650 14 7 3409 Monida St 7150 7500
220670 15 7 3387 Monida St 7150 7500
220660 16 7 3375 Monida St 7150 7500
220680 17 7 3359 Monida St 7150 7500
220690 18 7 3343 Monida St 7150 7500
220700 19 7 3327 Monida St 8784 7500
220710 1 8 3472 Monida St 11297 7500
220720 2 8 3444 Monida St 8400 7500
220730 3 8 3420 Monida St 8400 7500
220740 4 8 3396 Monida St 8400 7500
220750 5 8 3382 Monida St 8400 7500
220760 6 8 3366 Monida St 8400 7500
220770 7 8 3350 Monida St 8400 7500
220780 8 8 3334 Monida St 9597 7500
220960 8 9 1710 Vaquero Pkwy 131677 7500
220790 14 10 1811 Caspian Ave 9100 7500
220800 15 10 1849 Caspian Ave 9969 7500
Total Sq Footage 755,510.00
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