HomeMy WebLinkAboutApprove Resolution 4523, intent to create SILD 719 for Ellis View Estates Subdivision
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, City Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution 4523 / Intent to create a Special Improvement Lighting District #719 for Ellis View Estates Subdivision
MEETING DATE: April 21, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4523/Intent to create Special
Improvement Lighting District #719 for Ellis View Estates Subdivision
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 $167.52 per acre within the district or $464.04 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4523
Report compiled on: April 10, 2014
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Page 1 of 10
COMMISSION RESOLUTION NO. 4523
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
719 (ELLIS VIEW ESTATES SUBDIVISION) 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 Ellis View Estates Subdivision (the
“District”) for the purpose of, maintenance and energy costs. The district will pay the
maintenance and energy costs for two (2) 400–watt, E-conolight, Decashield lights which are high
pressure sodium fixtures, mounted on a 4 inch square steel pole at 25’ (the “Fixtures”); at the locations
shown on Exhibit A (the “Improvements”). The light housing is die-cast aluminum and is
finished with a dark-bronze powder- coated paint. The pole is also finished with a powder-coated
dark-bronze paint. The initial monthly charges per fixture per month (the “Monthly Charge”) are
estimated as follows: $19.33.
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.719 (Ellis View Estates
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Resolution 4523, Intent to Create Lighting District 719
Page 2 of 10
Subdivision) 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
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 $464.04, 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
2.77 acres, or 121,070 square feet, exclusive of parks and open space. The initial costs of the
Improvements per acre shall be $167.52 or $0.00383 per square foot annually.
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Resolution 4523, Intent to Create Lighting District 719
Page 3 of 10
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $464.04, 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 $964.04 per acre, or $0.00799 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.
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Resolution 4523, Intent to Create Lighting District 719
Page 4 of 10
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 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 (May 12, 2014) 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 May 19, 2014 in the Commission Room at
City Hall, 121 N Rouse Avenue.
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 April 27, 2014
and May 4, 2014, 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 21st of April, 2014.
___________________________________
JEFFREY K. KRAUSS
Mayor
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Resolution 4523, Intent to Create Lighting District 719
Page 5 of 10
ATTEST:
____________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4523, Intent to Create Lighting District 719
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. 4523, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 719 (ELLIS VIEW ESTATES SUBDIVISION) 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 April 21, 2014, 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 22nd day of April, 2014.
___________________________________
Stacy Ulmen, CMC City Clerk
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Resolution 4523, Intent to Create Lighting District 719
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 719
(ELLIS VIEW ESTATES SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on April 21, 2014, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 4523 to create Special Improvement Lighting District No. 719 (the “District”) for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to Ellis View
Estates Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 4523 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 Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net.
The City will maintain and pay energy costs to for two (2) 400–watt, E-conolight, Decashield lights
which are high pressure sodium fixtures, mounted on a 4 inch square steel pole at 25’ (the “Fixtures”);
at the locations shown on Exhibit A (the “Improvements”). The light housing is die-cast
aluminum and is finished with a dark-bronze powder- coated paint. The pole is also finished with
a powder-coated dark-bronze paint. The initial monthly charges per fixture per month (the
“Monthly Charge”) are estimated as follows: $19.33.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an “area basis” annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge are $464.04
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Resolution 4523, Intent to Create Lighting District 719
per year for the entire District. The total area of the District to be assessed is 2.77 acres, or
121,070 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $167.52, or $0.00383 per square foot. On an average size lot of 13,452 square
feet the annual estimated cost would be $51.52, 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 $964.04 per acre, or
$0.00799 per square foot.
On Monday, May 19th, 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 to hear
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
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
Monday, May 12th, 2014.
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.
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Resolution 4523, Intent to Create Lighting District 719
Dated: April 22, 2014
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
Stacy Ulmen, CMC
City Clerk
Legal Ad
Publication Dates: Sunday, April 27, 2014 & Sunday, May 4, 2014
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Resolution 4523, Intent to Create Lighting District 719
COMMISSION RESOLUTION NO. 4523
Resolution of Intent to create SILD No. 719- for the purpose of maintaining lighting
and assessing the cost for maintenance and energy to Ellis View Estates Subdivision, and paying
maintenance and energy costs relating thereto.
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 regards to the owners in Special Improvement
Lighting District No. 719, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, April 25th, 2014, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Stacy Ulmen, CMC
City Clerk
Subscribed and sworn before me this 22nd day of April, 2014.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
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Original Acct #219940
Owner:Joe Mahar Lighting District #719
1627 W Main St #370
Bozeman, MT 59715
Acct #Lot Sqft
219940 1 3736 Ellis View Loop 10,152
226400 2 3748 Ellis View Loop 10,497
226410 3 3754 Ellis View Loop 13,758
226420 4 3760 Ellis View Loop 16,844
226430 5 3772 Ellis View Loop 13,174
226460 6 3783 Ellis View Loop 14,034
226440 7 3775 Ellis View Loop 16,883
226390 8 3727 Ellis View Loop 12,784
226370 9 3715 Ellis View Loop 12,944
226380 Open Space 1 & 2 38,362
226450 Park 18,184
Total Assessable sqft 121,070
Total Square Footage Developed 177,616
Address
Ellis View Estates Subdivision
Formerly Mahar Good Medicine Way Annexation
Minor Sub 35C Lot 4A, 5.01 Acres
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