HomeMy WebLinkAbout5. Resolution No. 4546
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 4546 / Intent to create a Special Improvement Lighting District #722 for Amended Plat Meadow Creek Subdivision Phase 1, Lots 8-15, Block 5 & Lots 14-18, Block 9
MEETING DATE: October 13, 2014
AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Commission Resolution No. 4546/Intent to create Special
Improvement Lighting District #722 for Amended Plat Meadow Creek Subdivision Phase 1, Lots 8-15,
Block 5 & Lots 14-18, Block 9.
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 $26.79 per acre within the district or
$195.60 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission. Attachment: Resolution No.4546
Report compiled on: September 30, 2014
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COMMISSION RESOLUTION NO. 4546
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
722 (AMENDED PLAT OF MEADOW CREEK SUBDIVISION PHASE 1, LOTS 8-15,
BLOCK 5 & LOTS 14-18, BLOCK 9) 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 the amended
plat of Meadow Creek Subdivision Phase 1, Lots 8-15, Block 5 & Lots 14-18, Block 9 (the
“District”) for the purpose of, maintenance and energy costs. The district will pay the
maintenance and energy costs for two (2) Philips Gardco EcoForm standard LED luminaires, mounted
at 26’ on a medium embedded octagonal pole with a bronze finish which will encase 77-watt lamps, and
six (6) LSI Industries XBVRF LED Bollards, mounted in a concrete base at 42” off the ground
on aluminum 3” bronze poles which will use 38-watt lamps (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: $3.29 for the 77-watt HPS fixtures and $1.62
for the 38-watt Metal Halide Incandescent fixtures, for a total of $16.30 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.722
(Amended Plat Meadow Creek Subdivision PH 1, Lots 8-15, Block 5 & Lots 14-18, Block 9 ) of
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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 $195.60 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 7.3 acres, or 319,757 square feet, exclusive of parks and
open space. The initial costs of the Improvements per acre shall be $26.79 or $0.000612 per
square foot annually.
Section 6. Payment of Assessments. Special assessments for the annual
maintenance and energy costs are estimated at $195.60, plus any increases, as may be permitted
by the Public Service Commission, and any additional authorized charges shall be levied each
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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 $695.60 per acre, or
$0.00218 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,
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 (November 5, 2014) written protest against the
proposed maintenance and energy costs, or against the extension or creation of the District or
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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 November 10, 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 October 19, 2014 and October 26, 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 13th day of October, 2014.
___________________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN 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. 4546, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 722 (AMENDED PLAT MEADOW CREEK SUBDIVISION PH 1, LOTS 8-
15, BLOCK 5 & LOTS 14-18, BLOCK 9) 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 October 13, 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 14th day of October, 2014.
___________________________________ Stacy Ulmen, CMC City Clerk
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 722
(AMENDED PLAT MEADOW CREEK SUBDIVISION PH 1, LOTS 8-15, BLOCK 5 & LOTS
14-18, BLOCK 9)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 13, 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. 722 (the “District”) for the purpose of
maintaining lighting and assessing the cost for maintenance and energy to the amended plat of
Meadow Creek Subdivision PH 1, Lots 8-15, Block 5 & Lots 14-18, Block 9, 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 for two (2) Philips Gardco EcoForm standard
LED luminaires, mounted at 26’ on a medium embedded octagonal pole with a bronze finish which will
encase 77-watt lamps, and six (6) LSI Industries XBVRF LED Bollards, mounted in a concrete base at 42” off the ground on aluminum 3” bronze poles which will use 38-watt lamps (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: $3.29 for the 77-
watt HPS fixtures and $1.62 for the 38-watt Metal Halide Incandescent fixtures, for a total of
$16.30 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 $195.60 per year for the entire District. The total area of the District to be assessed is 7.3 acres, or
319,757 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $26.79, or $0.000612 per square foot. On an average size lot of 7613 square
feet the annual estimated cost would be $4.66, 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 $95.29 per acre, or $0.00218
per square foot.
On Monday, October 13, 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.
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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
Wednesday, November 5, 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: October 17, 2014
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________ Stacy Ulmen, CMC
City Clerk
Legal Ad Publication Dates: Sunday, October 19, 2014 & Sunday, October 26, 2014
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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. 722, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, October 17, 2014, directed to the owners at the addresses shown on Exhibit "B".
______________________________ Stacy Ulmen, CMC City Clerk
Subscribed and sworn to before me this 17th day of October, 2014.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at _____________, Montana
My Commission expires: __________
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Owner:Meadow Creek Partners, LLC
1627 W Main St #232, Bozeman, MT 59715
ACCT #BLOCK LOT SQ FT
3204 S 26th Ave 1 1 7836
3210 S 26th Ave 1 2 7312
3222 S 26th Ave 1 3 6869
3230 S 26th Ave 1 4 7607
3238 S 26th Ave 1 5 7885
3244 S 26th Ave 1 6 7881
3258 S 26th Ave 1 7 8247
3266 S 26th Ave 1 8 7998
3274 S 26th Ave 1 9 7889
3288 S 26th Ave 1 10 9584
3205 S 26th Ave 2 1 7852
3213 S 26th Ave 2 2 6875
3221 S 26th Ave 2 3 6747
3229 S 26th Ave 2 4 6724
3237 S 26th Ave 2 5 6701
3241 S 26th Ave 2 6 6677
3253 S 26th Ave 2 7 6665
3261 S 26th Ave 2 8 6824
3273 S 26th Ave 2 9 6799
3285 S 26th Ave 2 10 6875
3291 S 26th Ave 2 11 6951
3297 S 26th Ave 2 12 7721
3302 S 26th Ave 3 1 9150
3312 S 26th Ave 3 2 7138
3320 S 26th Ave 3 3 6779
3334 S 26th Ave 3 4 7003
3348 S 26th Ave 3 5 7538
3356 S 26th Ave 3 6 9711
3368 S 26th Ave 3 7 11678
3372 S 26th Ave 3 8 12128
3305 S 26th Ave 4 1 7512
3311 S 26th Ave 4 2 6506
3319 S 26th Ave 4 3 6506
3323 S 26th Ave 4 4 6506
3335 S 26th Ave 4 5 6404
3343 S 26th Ave 4 6 6504
3359 S 26th Ave 4 7 6574
3365 S 26th Ave 4 8 7002
3373 S 26th Ave 4 9 6743
3381 S 26th Ave 4 10 7381
2680 Meah Ln 4 11 9726
2602 Meah Ln 4 12 8749
Total Square Footage 319757
Common Area: 29407 sq ft
ADDRESS
MEADOW CREEK SUBDIVISION, PH 1
Original Acct #
Amended Plat Lots 8-15, Blcok 5 & Lots 14-18, Block 9
Meadow Creek Subdivision Phase 1
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