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HomeMy WebLinkAboutC4. Res 4631 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 4631 / Intent to create a Special Improvement Lighting District #729 for The Lakes at Valley West Subdivision Phase 1 & 2 Durston Rd. MEETING DATE: August17, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Commission Resolution No. 4631/Intent to create Special Improvement Lighting District #729 for The Lakes at Valley West Subdivision, Phases 1 & 2 Durston Rd. 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 $11.32 per acre within the district or $1,176.31 annually for the entire district. ALTERNATIVES: As suggested by the City Commission. Attachment: Resolution No.4631 Report compiled on: August 5, 2015 79 Page 1 of 10 COMMISSION RESOLUTION NO. 4631 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 729 (THE LAKES AT VALLEY WEST SUBDIVSION PHASES 1 & 2 DURSTON RD) 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 Lakes at Valley West Subdivision Phases 1 & 2 Durston Rd (the “District”) for the purpose of, maintenance and energy costs. The district will pay the maintenance and energy costs for eleven (11) Kim Lighting, Archetype Large PicoPrism LED Series Fixtures, with 38’ tall embedded poles in hunter green TGIC powder coat finish shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $8.91 for the 188-watt fixtures, for a total of $98.03 per month or $1,176.31 annually. 80 Resolution 4631, Intent to Create Lighting District 729 Page 2 of 10 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.729 (The Lakes at Valley West Subdivision Phases 1 & 2 Durston Rd) 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 Section 5. The annual maintenance and energy costs are estimated at $1,176.31 and shall be 81 Resolution 4631, Intent to Create Lighting District 729 Page 3 of 10 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 103.95 acres, or 4,528,062 square feet. The initial costs of the Improvements per acre shall be $11.32 or $0.00026 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $1,176.31, 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 $16.13 per acre, or $0.00037 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 82 Resolution 4631, Intent to Create Lighting District 729 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 (September 8, 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 September 14, 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 August 23, 2015 and August 30, 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. 83 Resolution 4631, Intent to Create Lighting District 729 Page 5 of 10 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th of August, 2015. ___________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 84 Resolution 4631, Intent to Create Lighting District 729 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. 4631, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 729 (THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1 & 2 DURSTON RD) 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 August 17, 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 18th day of August, 2015. ___________________________________ Stacy Ulmen, CMC City Clerk 85 Resolution 4631, Intent to Create Lighting District 729 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 729 (THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1 & 2 DURSTON RD) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on August 17, 2015, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 4631 to create Special Improvement Lighting District No. 729 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to The Lakes at Valley West, Phases I & II Durston Rd, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 4631 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 eleven (11) Kim Lighting, Archetype Large PicoPrism LED Series Fixtures, with 38’ tall embedded poles in hunter green TGIC powder coat finish shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $8.91 for the 188-watt fixtures, for a total of $98.03 per month or $1,176.31 annually. 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 $1,176.31 per year for 86 Resolution 4631, Intent to Create Lighting District 729 the entire District. The total area of the District to be assessed is 103.95 acres, or 4,528,062 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $11.32, or $0.00026 per square foot. 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 $16.13 per acre, or .00037 per square foot. On Monday, September 14, 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, September 8, 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. 87 Resolution 4631, Intent to Create Lighting District 729 Dated: August 17, 2015 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Stacy Ulmen, CMC City Clerk Legal Ad Publication Dates: Sunday, August 23, 2015 & Sunday, August 30, 2015 88 Resolution 4631, Intent to Create Lighting District 729 COMMISSION RESOLUTION NO. 4631 Resolution of Intent to create SILD No. 729 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to The Lakes at Valley West Subdivision Phases 1 & 2 Durston Rd, 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. 729, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, August 21st, 2015, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Stacy Ulmen, CMC City Clerk Subscribed and sworn before me this 21st day of August, 2015. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 89 90 91 Tract Sq Ft Ownership: 1 1,798,563 The Lakes at Valley West Bozeman LLC, 4515 N 56th St, Phoenix, AZ 85018 2A 1,028,030 The Lakes at Valley West Bozeman LLC, 4515 N 56th St, Phoenix, AZ 85018 Bronken Park 1,701,469 City of Bozeman, PO Box 1230, Bozeman, MT 59715 Total Sq Ft 4,528,062 Acct #145930, #132700 & #118580 Exhibit B The Lakes at Valley West Phase 1 & 2 Durston Road 92 Total Assessable Square Footage - 94