Full Text
1 RESOLUTION NO. 06-18459 A RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICT NO. 290 OF THE CITY OF BILLINGS, MONTANA, FOR THE PURPOSE OF PROVIDING ENERGY AND MAINTENANCE FOR STREET LIGHTS, DESIGNATING THE NUMBER OF SAID DISTRICT, DESCRIBING THE BOUNDARIES THEREOF, STATING THE GENERAL CHARACTER OF THE IMPROVEMENTS TO BE MADE, ESTABLISHING THE ESTIMATE OF THE COST OF MAINTAINING SUCH LIGHTS AND SUPPLYING ELECTRICAL CURRENT THEREFOR FOR THE FIRST YEAR, THE PROPORTION OF THE COST TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE METHOD OF ASSESSMENT OF SAID COST. WHEREAS, the City Council of Billings, Montana, has determined that the public interest and convenience require the creation of a Special Improvement Lighting Maintenance District as hereinafter provided; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA: SECTION 1: That the public interest and convenience require, and it is deemed necessary, to create a Special Improvement Lighting Maintenance District for the purpose providing energy and maintenance for new street lights for lighting in said district; and the intention of said City Council to create such a district, hereinafter more particularly described, is hereby declared. SECTION 2: That said district shall be known and designated as "Special Improvement Lighting Maintenance District No. 290" hereinafter called the District, and the boundaries of the District are hereby declared to include: All lots, parcels and pieces of land abutting South 32nd Street West between Central Avenue & Banff Avenue, as shown on the map designated as Exhibit attached hereto, and as listed in Exhibit which is attached hereto. The district boundary shall be as described in Exhibit attached hereto. SECTION 3: That the City of Billings, Montana, hereby finds, determines and declares that each of the lots, blocks, pieces and parcels of land situated within the boundaries of the District, will be especially benefited and affected by said improvements, and that all of the property included within the District is hereby declared to be the property to be assessed for the cost and expense of obtaining the electrical energy for and maintenance of said street lights. SECTION 4: That the general character of the improvements to be made for the District is hereby declared to be as follows: The provision of energy and maintenance for street lighting facilities consisting of ten (10) 250-watt high pressure sodium fixtures mounted on steel, mast arm style poles and served by underground wiring. The City of Billings owns all ten (10) streetlights and all associated appurtenant structures and materials. ---PAGE BREAK--- 2 SECTION 5: The City of Billings intends to establish the contract rate for supplying electrical energy in accordance with the rate schedule LS-1 approved by the Montana Public Service Commission. Said rate is currently estimated at $8.51 per unit, per month, That NorthWestern Energy Company shall provide energy to the lighting fixtures. That the City of Billings shall provide normal maintenance to lighting fixtures, poles, cables and other incidental equipment, and shall at all times own said lighting fixtures, poles, cables and other incidental equipment. SECTION 6: The estimate of the cost of the District per year is the sum of $2,364.84; that the entire cost of said District shall be paid by the owners of the property within said District, with each lot, parcel or piece of land within the District to be assessed for that portion of the whole cost which it's assessable area bears to the assessable area of the entire District, exclusive of streets, avenues, alleys and public places. The estimated cost of the District per year for property owners is on the basis of approximately $0.00445735 per square foot. Due to the difference in the time the lighting service started and the time assessments can be levied, the first assessment will cover a period of operation of the District greater than one year and is estimated to total $2682.84 or approximately $ 0.00505672per square foot. SECTION 7: That the entire cost of the District shall be paid by an annual assessment against the property in the District; that annually, pursuant to MCA 7-12-4332, the City Council shall adopt a resolution estimating the cost of maintaining said lights including a reserve, and furnishing electrical current and assessing all of said property within said District for the annual costs; that all monies derived from the collection of such assessments shall be paid into a fund to be known as "Special Lighting Maintenance District No. 290 Maintenance Fund," and warrants shall be drawn on said fund for the payment of such costs of maintaining such lights and supplying electrical current therefor. SECTION 8: That on the 11th day of September, 2006, at 6:30 o'clock p.m., at the Council Chambers of the City Hall in said City, the City Council intends to create such Special Improvement Lighting Maintenance District No. 290 and will hear objections and protests against the proposed improvements and the extent and creation of such District to be assessed, or any matter pertaining thereto, at said time and place, by any person, firm, or corporation who has filed a written protest with the City Clerk of the City of Billings within fifteen (15) days after the date on which the Notice of the passage of this Resolution of Intention is mailed to the property owners affected and published in “The Billings Times”. SECTION 9: That the City Clerk is hereby authorized and directed to publish a copy of the Notice of the passage of this Resolution in “The Billings Times”, a weekly newspaper published and circulated in the City of Billings, Montana, and to send a copy of said Notice to the owners of all the lots, blocks, pieces or parcels of land included within the boundaries of said Special Improvement Lighting Maintenance District No. 290. Said notice is to be published and mailed on the same date. PASSED by the City Council and APPROVED this 14th day of August 2006. ---PAGE BREAK--- 3 CITY OF BILLINGS By Ron Tussing Mayor ATTEST: Marita Herold, CMC/AAE City Clerk ---PAGE BREAK--- 1 EXHIBIT A ---PAGE BREAK--- 1 EXHIBIT OWNERSHIP LISTING SILMD 290- 32ND ST. West Assessed OwnerName MailingAddress City State Zip Area (SF) Lot Block Subdivision CITY OF BILLINGS--Parks PO BOX 1178 BILLINGS MT 59103 1,979 Park 1 PARKLAND WEST SUBD 1st CITY OF BILLINGS--Parks PO BOX 1178 BILLINGS MT 59103 1,979 Park 8 PARKLAND WEST SUBD 1st LAUREL FEDERAL CREDIT UNION PO BOX 310 LAUREL MT 59044 66,401 3A 10 PARKLAND WEST 6TH FILING LAUREL FEDERAL CREDIT UNION PO BOX 310 LAUREL MT 59044 44,610 3B-1 10 PARKLAND WEST 6TH FILING DJ PROPERTIES LLC 374 BURNING TREE DR BILLINGS MT 59105 57,426 4A 10 PARKLAND WEST 6TH FILING MLZ LLP 2619 SAINT JOHNS AVE STE A BILLINGS MT 59102 90,001 5 10 PARKLAND WEST 6TH FILING FAITH EVANGELICAL CHURCH OF N AMERICA 3145 SWEET WATER DR BILLINGS MT 59102 156,799 1 SUMMER RIDGE SUBD BILLINGS RETIREMENT LLC PO BOX 1359 ABERDEEN SD 57402 84,354 4 SUMMER RIDGE SUBD QWEST CORPORATION 1801 CALIFORNIA ST STE 2500 DENVER CO 80202 27,000 1 EMERICK SUBD TOTAL 530,549 ---PAGE BREAK--- EXHIBIT SILMD 290 – BOUNDARY DESCRIPTION Beginning at a point on the south right-of-way line of Central Avenue which bears N. 89º47’25”E a distance of 237.72 feet from the northwest corner of Lot 3A of the Amended Plat of Lot 3, Block 10, Parkland West Subdivision, 6th filing; thence Southerly along a straight line thru said lot 3A to the southernmost lot corner of said Lot 3A, which is also the lot corner common to Lots 3A, 3-B1 and 3-B-2, Block 10 (as amended), Parkland West, 6th Filing; thence Along the westerly boundary of said Lot 3-B-1 and the westerly boundary of Lot 4-A, Amended Lot 4, Block 10, Parkland Subdivision, 6th Filing to a point which is the southwest corner of said Lot 4-A; thence Easterly along the south boundary of said Lot 4-A to a point which is 225 feet west of the west right-of-way line of S. 32nd Street West; thence Southerly along a line that is parallel to and 225 feet west of the west right-of-way line of S. 32nd Street West to a point on the south line of Lot 5, Block 10, Parkland West, 6th Filing; thence Easterly along the south line of said Lot 5, Block 10 to a point which is the northeast corner of Lot 6, Block 8, Parkland West Subdivision, 1st Filing, said point also being the northwest corner of the park strip in Block 8 Parkland West Subdivision, 1st Filing; Thence southerly along the west line of said park strip in Block 8, Parkland West Subdivision, 1st Filing, extended to a point on the south right-of-way line of Banff Avenue which is also the most northwest corner of the park strip in Block 1, Parkland West Subdivision, 1st Filing; thence Southerly along the west line of said park strip in Block 1, Parkland West Subdivision, 1st Filing which is also the east line of Lot 1, Block 1, Parkland West Subdivision, 1st Filing, to the southeast corner of said Lot 1, Block 1; thence Easterly along an extension of the south line of said Lot 1, Block 1, Parkland West Subdivision, 1st Filing to a point on the westerly right-of-way line of S. 32nd Street West; thence Northeasterly across S. 32nd Street West to a point which is the southwest corner of Lot 4, Summer Ridge Subdivision; thence Easterly along the south line of said Lot 4, Summer Ridge Subdivision a distance of 225 feet; thence ---PAGE BREAK--- Northerly along a line that is parallel to and 225 feet east of the east right-of-way line of South 32nd Street West to a point on the south line of Tract 2, C/S 1702; thence Westerly along the south line of said Tract 2, C/S 1702 to the southwest corner of said Tract 2, which is also the southeast corner of Lot 1, Emerick Subdivision; thence Northerly along the east line of said Lot 1, Emerick Subdivision to the northeast corner of said Lot 1, Emerick Subdivision, which is also a point on the south right- of-way line of Central Avenue; thence Westerly along the south right-of-way line of Central to the northwest corner of said Lot 1, Emerick Subdivision; thence Westerly across S. 32nd Street West to the northeast corner of Lot 3A of the Amended Plat of Lot 3, Block 10, Parkland West Subdivision, 6th filing; thence Westerly along the north line of said Lot 3A, Block 6 to a point which is 225 feet west of the west right-of-way line of S. 32nd Street West, which is also the Point of Beginning; Exempting there from all lands which are public street, road, or alley rights-of- way.