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HomeMy WebLinkAboutpacket 2_1-11_Approve Resolution 4011, Intent to Create Special Improvement Lighting District #697, Alder Creek Subdivision Phase 3 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk Chris Kukulski, City Manager SUBJECT: Resolution No. 4011 / SILD #697 Alder Creek Subdivision Phase 3 MEETING DATE: April 9, 2007 RECOMMENDATION: Adopt Commission Resolution No. 4011. BACKGROUND: The attached resolution, Resolution No. 4011, 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: None. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, ___________________________________ __________________________________ Deanna Shannon Chris A. Kukulski, City Manager Special Assessment/SID Accounting Clerk Attachment: Commission Resolution No. 4011, Exhibit A, Exhibit B 66 COMMISSION RESOLUTION NO. 4011 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 697 (ALDER CREEK SUBDIVISION PHASE 3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITED 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 Alder Creek Subdivision Phase 3 (the “District”) for the purpose of installing certain lighting fixtures and paying annual ownership, maintenance and energy costs. Pursuant to an agreement (the “Agreement”) between the City and Northwestern Energy (the “Company”), the Company will install, maintain and provide energy for seven (7) Decashield 400 Luminaire light fixtures (the “Fixtures”), of which four (4) will be 100-watt fixtures mounted at 25 feet; three (3) will be 150-watt fixtures mounted at 35 feet; at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are as follows: $29.51 for the 100-watt fixtures, $35.44 for the 150-watt fixtures, for a total of $224.36 per month. The initial Monthly Charge is based on price of Fixtures quoted by manufacturer as of the date hereof, which are subject to increase on 30 days notice prior to placing an order. The Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service Commission, the rates for each component of which will be shown on the Company’s Schedule No. ELDS-1. The costs of the Improvements will be payable from special assessments to be levied against property in the District. 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. 697 (Alder Creek Subdivision Phase 3) 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). - 1 - 67 Section 4. Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit B 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 costs of the Improvements, as specified herein. The costs of the Improvements shall be assessed against the property in the District benefiting from the Improvements, 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 costs of the Improvements at the initial Monthly Charge is $2,692.32 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 7.81 acres, or 340,029.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $344.73 or $0.007918 per square foot annually. Section 6. Payment of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of $2,692.32, 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 $320.11 per acre, or $0.007353 per square foot. Section 7. Extraordinary Repair or Replacement. The costs of the Improvements and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an additional charge to the City 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. The City is obligated under the Agreement to maintain the District for seven years. 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 - 2 - 68 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 cost and expense of making the Improvements 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 (May 7, 2007) 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 May 7, 2007, 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 April 15, and April 22, 2007, 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 9th day of April 2007. ____________________________________ JEFF KRAUSS Mayor ATTEST: ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney - 3 - 69 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. 4011, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 697 (ALDER CREEK SUBDIVISION PHASE 3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITED 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 April 9, 2007, 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 9th day of April 2007. ___________________________________ BRIT FONTENOT City Clerk 70 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 697 (ALDER CREEK SUBDIVISION PHASE 3) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on April 9, 2007, 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. 697 (the “District”) for the purpose of financing the costs of installing lighting improvements (the “Improvements”) to serve the Alder Creek Subdivision Phase 3 and paying ownership charge, 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 Improvements, 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. Pursuant to an agreement (the “Agreement”) between the City and Northwestern Energy (the “Company”), the Company will install seven (7) Decashield 400 Luminaire light fixtures (the “Fixtures”), of which four (4) will be 100-watt fixtures mounted at 25 feet; three (3) will be 150-watt fixtures mounted at 35 feet; (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are as follows: $29.51 for the 100-watt fixtures, $35.44 for the 150- watt fixtures, for a total of $224.36 per month. The Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service Commission. 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 $2,692.32 per year for the entire District. The total area of the District to be assessed is 7.81 acres, or 340,029.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $344.73 or $0.007918 per square foot. On an average size lot of 7,000 square feet the annual estimated cost would be $55.43, 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 $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 $320.11 per acre, or $0.007353 per square foot. On Monday, May 7, 2007, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, 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. 71 Written protests against the creation or extension of the District and the Improvements 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 the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, May 7, 2007. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: April 13, 2007 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ BRIT FONTENOT City Clerk Legal Ad Publication Dates: Sunday, April 15, & Sunday, April 22, 2007 72 AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Brit Fontenot, 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. 697, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, April 13, 2007, directed to the owners at the addresses shown on Exhibit "B". ________________________________ BRIT FONTENOT City Clerk Subscribed and sworn to before me this 13th day of April 2007. (Notarial Seal) ________________________________ Printed name ___________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: __________ 73 74