HomeMy WebLinkAboutC11. Resolution 4612 Intent SILD 726
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 4612 / Intent to create a Special Improvement Lighting District #726 for Westbrook Subdivision
MEETING DATE: July 13, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4612/Intent to create Special
Improvement Lighting District #726 for Westbrook Subdivision
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 $20.33 per acre within the district or $634.68 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No.4612
Report compiled on: June 18, 2015
191
Page 1 of 10
COMMISSION RESOLUTION NO. 4612
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
726 (WESTBROOK SUBDIVISION) 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 Westbrook Subdivision
(the “District”) for the purpose of, maintenance and energy costs. The district will pay the
maintenance and energy costs for seven (7) 25-watt KIM Lighting VRB1 model bollard lights
mounted on a ten inch diameter concrete foundation. This model is a single function, aluminum
shaft, with a domed top. The aluminum bollards will have a bronze super TGIC thermoset
polyester powder coated finish. A 20 LED electric module will be installed in each bollard (the
“Fixtures”); at the locations shown on Exhibit A (the “Improvements”). The district will also pay
for ten (10) 110-watt Spaulding Cimarron Series lights mounted on twenty five foot tall eleven gauge
steel galvanized poles that will be powder coated bronze. A six inch straight rigid arm mount with a round
pole adapter will be used to mount the light to the pole. The light is a one piece die cast aluminum fixture
that is powder coated bronze to match the pole. A 48 LED electric module will be installed in each
fixture (the “Fixtures”); at the locations shown on Exhibit A (the “Improvements”). The initial
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Resolution 4612, Intent to Create Lighting District 726
Page 2 of 10
monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $1.06
for the 25-watt KIM Lighting fixtures and $4.55 for the 110-watt Spaulding Lighting fixtures, for
a total of $52.89 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.726 (Westbrook Subdivision) 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.
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
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Resolution 4612, Intent to Create Lighting District 726
Page 3 of 10
Section 5. The annual maintenance and energy costs are estimated at $634.68, 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
31.22 acres, or 1,360,018.00 square feet, exclusive of parks and open space. The initial costs of
the Improvements per acre shall be $20.33 or $0.00046 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $634.68, 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 $36.34 per acre, or $0.00083 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
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Resolution 4612, Intent to Create Lighting District 726
Page 4 of 10
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 (August 10, 2015) 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 17, 2015 in the Commission Room
at City Hall, 121 N Rouse Avenue.
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 26, 2015 and
August 2, 2015, 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 APPROVED by the City Commission of the City of Bozeman,
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Resolution 4612, Intent to Create Lighting District 726
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Montana, at a regular session thereof held on the 13th of July, 2015.
___________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4612, Intent to Create Lighting District 726
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. 4612, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 726 (WESTBROOK SUBDIVISION) 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 13, 2015, 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 July, 2015.
___________________________________
Stacy Ulmen, CMC City Clerk
197
Resolution 4612, Intent to Create Lighting District 726
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 726
(WESTBROOK SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on July 13, 2015, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 4612 to create Special Improvement Lighting District No. 726 (the “District”) for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to Westbrook
Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 4612 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 Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net.
. The district will pay the maintenance and energy costs for seven (7) 25-watt KIM Lighting
VRB1 model bollard lights mounted on a ten inch diameter concrete foundation. This model is a
single function, aluminum shaft, with a domed top. The aluminum bollards will have a bronze
super TGIC thermoset polyester powder coated finish. A 20 LED electric module will be
installed in each bollard (the “Fixtures”); at the locations shown on Exhibit A (the
“Improvements”). The district will also pay for ten (10) 110-watt Spaulding Cimarron Series lights
mounted on twenty five foot tall eleven gauge steel galvanized poles that will be powder coated bronze. A
six inch straight rigid arm mount with a round pole adapter will be used to mount the light to the pole.
The light is a one piece die cast aluminum fixture that is powder coated bronze to match the pole. A 48
LED electric module will be installed in each fixture (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: $1.06 for the 25-watt KIM Lighting fixtures and
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Resolution 4612, Intent to Create Lighting District 726
$4.55 for the 110-watt Spaulding Lighting fixtures, for a total of $52.89 per month.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an “area basis” annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge are $634.68
per year for the entire District. The total area of the District to be assessed is 31.22 acres, or
1,360,018 square feet, exclusive of parks and open space. The initial costs of the Improvements
per acre shall be $20.33, or $0.00046 per square foot. On an average size lot of 7,863 square feet
the annual estimated cost would be $3.62, 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 $36.34 per acre, or $0.00083
per square foot.
On Monday, August 17th, 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 to
hear 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
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
Monday, August 10, 2015.
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.
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Resolution 4612, Intent to Create Lighting District 726
Dated: July 14, 2015
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
Stacy Ulmen, CMC
City Clerk
Legal Ad
Publication Dates: Sunday, July 26, 2015 & Sunday, August 2, 2015
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Resolution 4612, Intent to Create Lighting District 726
COMMISSION RESOLUTION NO. 4612
Resolution of Intent to create SILD No. 726 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to Westbrook Subdivision, and paying
maintenance and energy costs relating thereto.
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 regards to the owners in Special Improvement
Lighting District No. 726, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, July 24th, 2015, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Stacy Ulmen, CMC
City Clerk
Subscribed and sworn before me this 24th day of July, 2015.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
201
202
203
204
205
206
207
Block 1 Lot Sq Ft
1 8008
2 7554
3 7537
4 7521
5 7504
6 7487
7 7273
8 7262
9 7260
10 7909
11 11,504
12 12,903
Block 2 1 9113
2 6685
3 7125
4 5805
5 7125
6 6685
7 6687
8 7125
9 6241
10 6641
11 7700
12 6685
13 6685
14 6687
15 6224
16 6226
17 6226
18 6226
19 6226
20 8573
Block 3 1 8573
2 6600
3 6600
4 6600
Bozeman, MT 59718
Acct #157470
Exibit B
Westbrook Subdivision
Ownership:
Four Corners Construction LLC
125 Central Ave Ste 1A
208
5 6596
6 6796
7 6796
8 6796
9 7700
10 7645
11 6795
12 6796
13 6796
14 7524
15 7533
16 7533
17 9543
Block 4 5 6622
6 6813
7 6813
8 6813
9 7638
10 7638
11 6813
12 6813
13 8209
Block 5 1 14,988
2 11,224
3 12,587
4 24,887
R-1 872,526
Total Assessable
Square Footage 1,360,018.00
209