HomeMy WebLinkAboutC 8 Resolution 4538
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 4538 / Intent to create a Special Improvement Lighting District #721
for Baxter Meadows West PH 3B (Formerly known as The Knoll at Baxter West
Subdivision)
MEETING DATE: July 21, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4538/Intent to create Special
Improvement Lighting District #721 for Baxter Meadows West PH 3B
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 $15.85 per acre within the district or
$248.04 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4538
Report compiled on: July 9, 2014
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1
COMMISSION RESOLUTION NO. 4538
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
721 (BAXTER MEADOWS WEST PH 3B) 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 Baxter
Meadows West PH 3B (the “District”) for the purpose of, maintenance and energy costs. The
district will pay the maintenance and energy costs for six (6) BEL30-CR44A-P3048K, mounted at
17.6’ on a Cast Aluminum Base Mount Pole with Spun Aluminum 30” Shade fixtures, which will be LED
39-watt fixtures, and six (6) BLEDR24 Bollards suitable for mounting within 42” of the ground
and will be 24-watt LED 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: $8.73 for the LED 39-watt fixtures and $11.94 for the LED 24-watt
fixtures, for a total of $20.67 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.721
(Baxter Meadows West PH 3B) 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.
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Resolution 4538, Intent to Create SILD 721
2
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 $248.04 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 15.64 acres, or 681,375 square feet, exclusive of parks and
open space. The initial costs of the Improvements per acre shall be $15.85 or $0.00036 per
square foot annually.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs are estimated at $248.04, 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 $748.04 per acre, or
$0.00109 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
after the date of the first publication of the notice of the passage and approval of this resolution,
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Resolution 4538, Intent to Create SILD 721
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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 (August 13, 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 August 18, 2014, 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 July 27th, 2014 and August 3rd, 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 ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 21st day of July, 2014.
___________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4538, Intent to Create SILD 721
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. 4538, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 721 (BAXTER MEADOWS WEST PH 3B) 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 July 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 22st day of July, 2014.
___________________________________
Stacy Ulmen, CMC
City Clerk
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Resolution 4538, Intent to Create SILD 721
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 721
(BAXTER MEADOWS WEST PH 3B)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 21, 2014, 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. 721 (the “District”) for the purpose of
maintaining lighting and assessing the cost for maintenance and energy to Baxter Meadows West
PH 3B, 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 six (6) BEL30-CR44A-P3048K,
mounted at 17.6’ on a Cast Aluminum Base Mount Pole with Spun Aluminum 30” Shade fixtures, which
will be LED 39-watt fixtures, and six (6) BLEDR24 Bollards suitable for mounting within 42” of
the ground and will be 24-watt LED 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: $8.73 for the LED 30-watt fixtures and $11.94 for the LED
24-watt fixtures, for a total of $20.67 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 $248.04
per year for the entire District. The total area of the District to be assessed is 15.64 acres, or
681,375 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $15.85, or $0.00036 per square foot. On an average size lot of 10,500 square
feet the annual estimated cost would be $3.78, 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 $47.82 per acre, or $0.00109
per square foot.
On Monday, July 21, 2014, 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
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Resolution 4538, Intent to Create SILD 721
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
Wednesday, August 13, 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.
Dated: July 21, 2014
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
Stacy Ulmen, CMC
City Clerk
Legal Ad
Publication Dates: Sunday, July 27, 2014 & Sunday, August 3, 2014
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Resolution 4538, Intent to Create SILD 721
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. 721, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, July 25, 2014, 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 July, 2014.
(Notarial Seal)
_______________________________
Notary Signature
See seal for notary details
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Acct #Owner Name Address City, State Zip Sq Ft
222610 2319 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,636
222620 2363 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,042
222630 2389 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,173
222710 2404 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,951
222640 2405 Thoroughbred Ln BMC, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,117
222650 2421 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,919
222720 2426 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,151
222740 2444 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,803
222660 2447 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,699
222750 2458 Thoroughbred Ln COK, DYLAN & Tiffany 417 Slough Creek Dr Bozeman, MT 59718 11,250
222670 2463 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,946
222760 2476 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,392
222680 2481 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,827
222770 2488 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,469
222780 2490 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 12,737
222690 2493 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,578
222700 2497 Thoroughbred Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,396
222870 2401 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,878
222880 2402 Farrier Ln YOST, AARON & ERIN 2141 Gallatin Green Blvd Bozeman, MT 59718 11,721
222900 2418 Farrier Ln KIMBALL, DOUGLAS & TRACY 4265 FaLLon St, Ste 1 Bozeman, MT 59718 9,649
222890 2423 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,406
222910 2438 Farrier Ln CAMPS, STEVEN & KATHY 6942 Lawn Haven Huntington Beach, CA 92648 9,188
222920 2439 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,997
222930 2451 Farrier Ln JENNAWAY, JOHN & STACY 207 Sanders Ave Bozeman, MT 59718 10,899
222940 2452 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,490
222950 2469 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,501
222960 2470 Farrier Ln WILLIAMS, SEAN & ELIZABETH 1087 Meagher Ave Bozeman, MT 59718 11,225
222970 2479 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,606
222990 2480 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,979
BAXTER MEADOWS WEST PH 3B
Formerly known as The Knoll at Baxter West
Address
SILD #721
100
222980 2491 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 12,245
223000 2492 Farrier Ln BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,603
223010 2320 Andalusian Ave UPSLOPE CONSTRUCTION LLC 1648 N Hunters Way Bozeman, MT 59718 9,069
223020 2360 Andalusian Ave TRADEMARK INC 18000 Wilson Creek Rd Gallatin Gateway, MT 59730 9,192
223030 2390 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,770
223040 2400 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,502
223050 2407 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 12,027
223060 2422 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,931
223070 2427 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,024
223080 2445 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,289
223090 2461 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,466
223100 2462 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,149
223110 2472 Andalusian Ave RYLES, THOMAS & KEELY 2430 Arabian Ave Bozeman, MT 59718 9,834
223140 2479 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,754
223120 2482 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 8,903
223150 2483 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,764
223170 2489 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 12,206
223190 2522 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 6,249
223210 2538 Andalusian Ave BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 6,121
223220 4505 Kimberwicke St HICKS, WYATT & LUCILLE 2454 N Ferguson ave Bozeman, MT 59718 11,941
223230 4519 Kimberwicke St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,627
223240 4527 Kimberwicke St RICE, STEVEN & GINA 3578 EASTERN DR Beavercreek, OH 45432 9,600
223250 4555 Kimberwicke St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,240
223260 4579 Kimberwicke St SMITH, GREGORY 5162 Highway 41 Silver Star, MT 59751 9,600
223270 4601 Kimberwicke St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,960
223280 4611 Kimberwicke St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,600
223290 4649 Kimberwicke St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,600
223300 4693 Kimberwicke St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,221
222790 4508 McCafferty St TRIMBACH BUILDERS LLC PO Box 1151 Bozeman, MT 59771 11,664
222800 4526 McCafferty St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,199
222810 4546 McCafferty St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 10,199
222820 4552 McCafferty St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,929
222830 4570 McCafferty St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,720
101
222840 4584 McCafferty St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,990
222850 4608 McCafferty St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 9,990
222860 4627 McCafferty St BMW, LLC 235 Green Hills Ranch Rd Bozeman, MT 59718 11,572
Total Assessible Sq Footage 681,375
Open Space 145,322
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