HomeMy WebLinkAboutC9. Resolution 4647 SILD 460
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 4647 / Intent to Modify a Special Improvement Lighting District #460 for N 7th Avenue
MEETING DATE: October 5, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4647/Intent to Modify a Special
Improvement Lighting District #460 for N 7th Avenue
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 $1.90 per lineal foot for the unmodified portion and $.76 per lineal foot annually for the modified portion that are using LED light fixtures.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution # 4647
Report compiled on: September 23, 2015
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COMMISSION RESOLUTION NO. 4647
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460 (N. 7TH AVENUE) DECLARING IT
TO BE THE INTENTION OF THE CITY COMMISSION TO
MODIFY THE DISTRICT FOR ASSESSING THE COSTS FOR 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 Modify District 460; 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 N. 7th Avenue between a point 140 feet north of Main Street to the northern edge of the Oak Street
right-of-way and adjacent streets east and west of side N. 7th Avenue for a distance of 115 feet
either side of side N. 7th Avenue, (the “District”) for the purpose of paying energy and
maintenance costs. The City will maintain and pay energy costs for the modified and
unmodified portions of the District. The modified portion of the district is being expanded to include areas from the Oak Street intersection to the Peach Street intersection. It also converts
the fixtures in the initial modified district to LED fixtures. The modified portion of the District
includes 45 fixtures (the “Fixtures”), of which will be Phillips Domus Series, 135W LED at 25
feet and 4 fixtures mounted on signal standards, of which will be Phillips Domus Series, 215W
LED at 45 feet; at the locations shown on Exhibit A (the “Improvements”). The unmodified portion of the District includes 15-200W HPS cobra head mounted on 30 feet high steel poles
with power fed by a single overhead wire. It is estimated that energy costs for the new 135-watt
fixtures will be $5.65 per fixture per month; costs for the 215-watt fixtures will be $9.00 per
fixture per month; and the 200-watt HPS fixtures in the unmodified portion of the district will be
$32.38 per fixture per month. The unmodified portion is also charged a monthly charge for maintenance of the lights and is estimated at $7.45 per month.
Section 2. Number of District. The District, if the same shall be modified and
established, shall continue to be known and designated as Special Improvement Lighting District
No. 460 (N. 7th Avenue) of the City of Bozeman, Montana.
Section 3. Boundaries of District. The limits and boundaries of the District are
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Resolution 4647,Intent to Modify Special Improvement Lighting District 460
Page 2 of 4
depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a
part hereof). A listing of each of the properties owners 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 maintenance and energy and will be assessed for the energy costs and a portion of the
maintenance as described in Section 1. The maintenance and energy, 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 maintenance and energy provided.
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 lineal feet of frontage method of assessment described in Sections 7-12-4324, M.C.A., as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are
estimated at $3,483.00 per year for the modified portion of the District and $7,169.40 for the
unmodified portion of the District, and shall be assessed against each lot, tract or parcel of land
in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues and alleys. The total lineal frontage of the District to be assessed is 8,370 feet. The initial
maintenance and energy costs of the Improvements per shall be $0.76 per lineal foot annually for
the modified portion of the District and $1.90 per lineal foot for the unmodified portion.
Section 6. Payment of Assessments. Special assessments for the annual maintenance and energy costs is estimated at $10,652.40, 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. 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
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Resolution 4647,Intent to Modify Special Improvement Lighting District 460
Page 3 of 4
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
maintenance and energy costs may make and file with the Clerk of the Commission until 5:00
p.m., M.T., on the expiration date of said 15-day period (October 26, 2015) written protest
against the proposed Improvements, 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 October 26, 2015, at 6:00 p.m., in the
City Commission Room of City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
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 11th, 2015 and October 18th, 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 ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of October, 2015.
___________________________________
JEFFREY K KRAUSS Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4647,Intent to Modify Special Improvement Lighting District 460
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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. 4647, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING
DISTRICT NO. 460 DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO MODIFY THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING 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 at a meeting on October 5th,
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 _____ day of October, 2015.
___________________________________ Stacy Ulmen, CMC City Clerk
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209
Account #Property Address Modified Portion
23450 602 N 7th Ave Kimmet Properties LLC 2501 St Johns Ave Billings MT 59102
22380 605 N 7th Ave C. Rowland & K. Borgenicht 9293 Sky Ridge Dr Bozeman MT 59715
22390 615 N 7th Ave Dave Tirrell & Erik Maurer 615 N 7th Ave Bozeman MT 59715
70240 620 N 7th Ave Lifetime Adventures LLC 620 N 7th Ave Bozeman MT 59715
22400 625 N 7th Ave Haley Enterprises LLC PO Box 3445 Bozeman MT 59772
22420 721 N 7th Ave Haley Enterprises LLC PO Box 3445 Bozeman MT 59772
22410 705 N 7th Ave G & C Land LLC 4320 McIlhattan Rd Bozeman MT 59715
23440 706 N 7th Ave 2LT LLC 706 N 7th Ave Bozeman MT 59715
138440 654 N 7th Ave 2LT LLC 706 N 7th Ave Bozeman MT 59715
23430 726 N 7th Ave Joshtine LLLC 726 N 7th Ave Bozeman MT 59715
25520 806 N 7th Ave Mad LLC 806 N 7th Ave Bozeman MT 59715
410 810 N 7th Ave Sumitomo Bank Leasing & Finance-Bridgestone 535 Marriott Dr Nashville TN 37214
22840 923 N 7th Ave DMC Properties LLC PO Box 1407 Bozeman MT 59771
22820 815 1/2 N 7th Ave Amerco Real Estate Co PO Box 29046 Phoenix AZ 85038
22810 815 N 7th Ave Amerco Real Estate Co PO Box 29046 Phoenix AZ 85038
23380 1008 N 7th Ave Sam Harvey Rental Develop Inc. PO Box 3913 Bozeman MT 59771
22850 1001 N 7th Ave Darigold Inc 1130 Rainier Ave South Seattle WA 98144
218310 1010 N 7th Ave Heinz K. Boeckmann 920 Hufford Pl Port Townsend WA 98368
25450 1012 N 7th Ave Heinz K. Boeckmann 920 Hufford Pl Port Townsend WA 98368
133110 N 7th Ave City of Bozeman PO Box 1230 Bozeman MT 59771
25420 1022 N 7th Ave Cecil Jack Sievert 521 W Hulbert Rd Bozeman MT 59718
23190 1108 N 7th Ave Bozeman Apple Inc 2038 Overland Ave Billings MT 59102
22870 1119 N 7th Ave Savboda LLC 8260 Walker Rd Belgrade MT 59714
23180 1126 N 7th Ave Sears Holding Corp #7027 3333 Beverly Rd, B2-110A Hoffman Estates IL 60179
146490 1126 N 7th Ave Sears Holding Corp #7027 3333 Beverly Rd, B2-110A Hoffman Estates IL 60179
66680 1230 N 7th Ave Ryan Restaurant Corp/Tuition 2038 Overland Ave Billings MT 59102
23080 1235 N 7th Ave Omnisky Enterprises LLC PO Box 11062 Bozeman MT 59719
141150 1235 N 7th Ave Summit Holdings LLC 1201 E Main St Bozeman MT 59715
Mailing Address
Modification of SILD #460
EXHIBIT B
North 7th Avenue
210
Account #Property Address Unmodified Portion
88980 620 W Lamme St Robert G & Sherry J Essig 521 S 5th Ave Bozeman MT 59715
22220 621 W Mendenhall St Eckroth Plaza Montana LLC 1655 N Grandview Ln, Ste 102 Bismarck ND 58503
22200 622 W Mendenhall St Bozeman Exchange Associates LLC 17 Lockwood Dr Ste 400 Charleston SC 29401
28290 703 W Mendenhall St DAG, LLC 54 Park Plaza Bozeman MT 59715
28330 23 N 7th Ave William M & Jeannine Albee 8065 Cottonwood Rd Bozeman MT 59718
141180 109 N 7th Ave Bozo LLC PO Box 506 West Yellowstone MT 59758
28250 119 N 7th Ave Charles Schwier 119 N 7th Ave Bozeman MT 59715
28210 203 N 7th Ave Richard Spott 663 Sunny Acres Dr Bozeman MT 59718
94090 210 N 7th Ave Reed Liv Trust & S. Weinstein 12 Perkins Dr Prescott AZ 86301
400 215 N 7th Ave Restaurant Properties 1627 W Main St #362 Bozeman MT 59715
22280 302 N 7th Ave HRDC of District IX Inc 32 S Tracy Ave Bozeman MT 59715
22100 303 N 7th Ave Yellowstone Country Food & PO Box 909 Three Forks MT 59752
22260 310 N 7th Ave Royal "7" Motel 310 N 7th Ave Bozeman MT 59715
22090 311 N 7th Ave Decosse Westgate Partnership 2120 Chambers Dr Bozeman MT 59715
22080 319 N 7th Ave Decosse Westgate Partnership 2120 Chambers Dr Bozeman MT 59715
22050 403 N 7th Ave Nelson Investments, LP PO Box 11084 Bozeman MT 59719
22040 411 N 7th Ave Nelson Investments, LP PO Box 11084 Bozeman MT 59719
22300 404 N 7th Ave Thomas & Judith Deibele 3150 Bellvue Rd Tillamook OR 97141
22310 416 N 7th Ave BCE LLC 131 W Main Missoula MT 59802
22320 420 N 7th Ave Monte L Cooper 803 S Church Ave Bozeman MT 59715
21940 425 N 7th Ave National Retail Properties LP 450 S Orange Ave, Ste 900 Orlando FL 32801
22330 426 N 7th Ave L & D Properties LLC 426 N 7th Ave Bozeman MT 59715
22340 428 N 7th Ave 428 N 7th LLC 428 N 7th Ave Bozeman MT 59715
22350 438 N 7th Ave MKM Enterprises LLC 438 N 7th Ave Bozeman MT 59715
22030 431 N 7th Ave PDI Investments LLC 431 N 7th Ave Bozeman MT 59715
22360 506 N 7th Ave Stuart M. McIntosh 1516 W Babcock St Ste 1 Bozeman MT 59715
22370 510 N 7th Ave Burton & Kathleen Gibson 510 N 7th Ave Bozeman MT 59715
22020 509 N 7th Ave CJ & J 4 Candelight Dr Bozeman MT 59718
85990 511 N 7th Ave CJ & J 4 Candelight Dr Bozeman MT 59718
Mailing Address
211
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460
(N 7th Avenue)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 5, 2015, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
to Modify Special Improvement Lighting District No. 460 (the “District”) for assessing the costs
for maintenance and energy therefore to benefitted property by the levy of Special Assessment.
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 the modified and unmodified
portions of the District. The modified portion of the district is being expanded to include areas
from the Oak Street intersection to the Peach Street intersection. It also converts the fixtures in
the initial modified district to LED fixtures. The modified portion of the District includes 45
fixtures (the “Fixtures”), of which will be Phillips Domus Series, 135W LED at 25 feet and 4
fixtures mounted on signal standards, of which will be Phillips Domus Series, 215W LED at 45
feet; at the locations shown on Exhibit A (the “Improvements”). The unmodified portion of the
District includes 15-200W HPS cobra head mounted on 30 feet high steel poles with power fed
by a single overhead wire. It is estimated that energy costs for the new 135-watt fixtures will be
$5.65 per fixture per month; costs for the 215-watt fixtures will be $9.00 per fixture per month;
and the 200-watt HPS fixtures in the unmodified portion of the district will be $32.38 per fixture
per month. The unmodified portion is also charged a monthly charge for maintenance of the
lights and is estimated at $7.45 per month.
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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 lineal feet of frontage method of assessment
described in Sections 7-12-4324, M.C.A., as particularly applied and set forth in this Section 5.
The annual maintenance and energy costs are estimated at $3,483.00 per year for the modified
portion of the District and $7,169.40 for the unmodified portion of the District, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs that the
lineal frontage of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of
frontage in the District, exclusive of streets, avenues and alleys. The total lineal frontage of the
District to be assessed is 8,370 feet. The initial maintenance and energy costs of the
Improvements per shall be $0.76 per lineal foot annually for the modified portion of the District
and $1.90 per lineal foot for the unmodified portion.
On Monday, October 5th, 2015, 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
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, October 26, 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.
Dated: October 6, 2015
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
213
_________________________________________
Stacy Ulmen, CMC
City Clerk
Legal Ad
Publication Dates: Sunday, October 11, 2015 & Sunday, October 18, 2015
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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. 460, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana,
on Friday, October 9, 2015, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Stacy Ulmen, CMC
City Clerk
Subscribed and sworn to before me this 9th day of October, 2015.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: __________
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