HomeMy WebLinkAboutsplit test_Approve Resolution 4011, Intent to Create Special _5
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
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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).
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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
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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
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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. 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
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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.
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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
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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: __________
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Account #Square Footage Owner Name City State Zip
172720 9,334.00ALDER CREEK SUBDIVISION PH 3 LOT7 BLK12 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 5971517274010,763.00ALDER CREEK SUBDIVISION PH 3 LOT 1 BLK13MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151727508,899.00ALDER CREEK SUBDIVISION PH 3 LOT2 BLK 13LEGAN, RON & CAROLE & DARREN &GAYLE 4247 BENEPEBOZEMANMT 597181727708,885.00ALDER CREEK SUBDIVISION PH 3 LOT 3 BLK 13BASILE, MICHAEL 104 VILLAGE DOWNTOWN BLVD BOZEMANMT 5971517278010,138.00ALDER CREEK SUBDIVISION PH 3 LOT4 BLK13 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
172790 8,381.00ALDER CREEK SUBDIVISION PH 3 LOT1 BLK10 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
172800 9,169.00ALDER CREEK SUBDIVISION PH 3 LOT 2 BLK10RENNER, MARK T & WENDY W PO BOX 5282 BOZEMANMT 59717
172810 9,508.00ALDER CREEK SUBDIVISION PH 3 LOT3 BLK10 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151728209,550.00ALDER CREEK SUBDIVISION PH 3 LOT4 BLK10 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 5971517283017,551.00ALDER CREEK SUBDIVISION PH 3 LOT5 BLK10 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151728409,373.00ALDER CREEK SUBDIVISION PH 3 LOT6 BLK10 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151728508,741.00ALDER CREEK SUBDIVISION PH 3 LOT1 BLK11 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151728608,441.00ALDER CREEK SUBDIVISION PH 3 LOT2 BLK11 BASILE, MICHAEL & KAREN 104 VILLAGE DOWNTOWN BLVD BOZEMANMT 59715
172870 8,400.00ALDER CREEK SUBDIVISION PH 3 LOT3 BLK11 SPRUCE GROUSE LLC 1807 W DICKERSON ST STE A BOZEMANMT 59718
172880 8,400.00ALDER CREEK SUBDIVISION PH 3 LOT4 BLK11 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
172890 8,760.00ALDER CREEK SUBDIVISION PH 3 LOT5 BLK11 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 5971517290010,590.00ALDER CREEK SUBDIVISION PH 3 LOT1 BLK19 MCLAIN, DANIELLE & RYAN 1153 NEW HOLLAND ST BOZEMANMT 597181729109,116.00ALDER CREEK SUBDIVISION PH 3 LOT2 BLK19 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151729209,043.00ALDER CREEK SUBDIVISION PH 3 LOT3 BLK19 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151729308,969.00ALDER CREEK SUBDIVISION PH 3 LOT4 BLK19 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151729408,100.00ALDER CREEK SUBDIVISION PH 3 LOT1 BLK18 HULL, R DAN 3263 GARDENBROOK LN BOZEMANMT 59715
172950 7,012.00ALDER CREEK SUBDIVISION PH 3 LOT2 BLK18 RASMUSSEN CONSTRUCTION INC 3724 GARDENBROOK LN BOZEMANMT 59715
172960 7,011.00ALDER CREEK SUBDIVISION PH 3 LOT3 BLK18 EPPS, ALAN & THERESA 3120 MADRONA LN BOZEMANMT 59715
172970 7,128.00ALDER CREEK SUBDIVISION PH 3 LOT4 BLK18 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
172980 7,128.00ALDER CREEK SUBDIVISION PH 3 LOT5 BLK18 AMUNDSON, BRADLEY M & DEBRA J 109 PONDERA UNIT D BOZEMANMT 597181729907,560.00ALDER CREEK SUBDIVISION PH 3 LOT6 BLK18 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151730007,560.00ALDER CREEK SUBDIVISION PH 3 LOT7 BLK18 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151730106,831.00ALDER CREEK SUBDIVISION PH 3 LOT8 BLK18 COOK, KEVIN & HEATHER 3207 SUMMERSET DR BOZEMANMT 597151730206,832.00ALDER CREEK SUBDIVISION PH 3 LOT9 BLK18 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151730307,986.00ALDER CREEK SUBDIVISION PH 3 LOT10 BLK18MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
173040 8,250.00ALDER CREEK SUBDIVISION PH 3 LOT1 BLK17 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
173050 7,167.00ALDER CREEK SUBDIVISION PH 3 LOT2 BLK17 ASPEN RIDGE CONSTRUCTION INC 35 MERIWETHER BOZEMANMT 59718
173060 7,167.00ALDER CREEK SUBDIVISION PH 3 LOT3 BLK17 MTS ENTERPRISES INC 343 SIR ARTHUR DR BOZEMANMT 597181730707,277.00ALDER CREEK SUBDIVISION PH 3 LOT4 BLK17 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151730807,277.00ALDER CREEK SUBDIVISION PH 3 LOT5 BLK17 LER, DIANA 3133 MADRONA LN BOZEMANMT 597151730907,700.00ALDER CREEK SUBDIVISION PH 3 LOT6 BLK17 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151731007,700.00ALDER CREEK SUBDIVISION PH 3 LOT7 BLK17 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 597151731106,982.00ALDER CREEK SUBDIVISION PH 3 LOT8 BLK17 KP CONSTRUCTION LLC 1627 W MAIN ST #370 BOZEMANMT 59715
173120 6,982.00ALDER CREEK SUBDIVISION PH 3 LOT9 BLK17 MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
173130 8,368.00ALDER CREEK SUBDIVISION PH 3 LOT10 BLK17MAHAR MONTANA HOMES LLC 1627 W MAIN ST #370 BOZEMANMT 59715
340,029.00
Legal Description Mailing Address
ALDER CREEK SUBDIVISION PHASE 3
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