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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 91 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. 92 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, 93 Resolution 4538, Intent to Create SILD 721 3 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 94 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 95 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 96 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 97 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 98 99 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 145,322 102