HomeMy WebLinkAboutLighting Task Force Minutes 10.02.2001r
Honorable Mayor Rodgers and Laurel City Council, and Guests. The Laurel city
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district # 2 and # 3. The hearing heard approximately 20 citizens and property
owners who were affected by this expansion. Most all who spoke, were not in
favor of this project as a variety of questions were asked, which did not get
answered by the members of the council and city staff or City Administration. As
a result of this confusion, the matter was tabled and you, Mr. Mayor asked me to
chair a task force to study the issues and come up with some answers to these
questions, and possibly have these answers documented for future light district
studies. I think Mr. Mayor you and some others do understand as I do, that even
with this light expansion being too costly and excessive at this time. Cities such
as ours will be requiredto provide these kinds of light and safety features for
the public regardless of the cost to all city residents. The (Americans with
Disabilities Act) is a great example of that regarding handicap ramps and special
sidewalk improvements in other cities in our region. It will be an unfunded
mandate for all cities and its citizens to bear.
In an attempt to find the answers to report back to the council and
administration, several qualified people were asked to serve on this panel and
we were fortunate to have a informational spokesman from a local electrical firm,
Ace Electric, and a spokesman from Montana Power Company and 2 citizens
who are professional electricians by trade that were in attendance at the public
meeting, who were directly effected by the project. A meeting was held the
following day at the council chambers on Wednesday September 5, 2001. Many
aspects of the project were discussed to understand the details of the project
and how the costs were arrived at, and were there any alternatives to what had
been presented. A few possible solutions to some of the problems mentioned
were also discussed and studied. I'm happy to report that I was able to
condense a lot of the information that came out of that meeting and can briefly
explain it as three (3) different options as follows:
Thank You
Mark Mace Alderman Ward 11 October 2, 2001
nY j tytontana Power Lease Liaht Proposal:
1. Montana Public Service Commission approved rate structure for lease
lights (similar to leasing a personal yard light).
2. MPC provides Installation and maintenance with no up front costs, and
immediate usage citywide. MPC retains ownership for the life of the light
District.
3. Costs to be one yearly charge on special assessment on property tax
statement.
4. Monthly fees cover the cost of the lease, energy maintenance for the life of
the District.
5. MPC estimated construction costs approximately $805,000.00
6. $6.96 per 1000 S.F. per year. (Quote for District #2)
7. City of Laurel would lease the lights from MPC for the life of the District.
(City of Laurel would never own these Lights). 285 lights are leased from
MPC presently which was approved at September 18, 2001 City Council
meeting. (Dist. #2 & #3)
8. Overhead wiring in those areas currently served with overhead wire and
underground wire in those areas currently served by underground wire.
9. Energy rate figured by a flat rate, dusk to dawn (4200hrs/year =350/mo.
Or 41kw.hr. /mo for a 100 watt HPSV Lamp).
10. Leased lighting rate based on tariff regulated by the Public Service
Commission
11. Estimated $23.84 cost for each light pole per month served with
underground wire and $13.39 per month for each light served with
overhead wire.
12. ($11,678/mo Including energy and Operation,and maint.)
13. Lights served with overhead wire will be mounted on wood poles.
92 Contra tor/Electrical Distributor Funded P ram:
1. Construction and implementation would be funded for a period, not to
exceed 5 years.
2. Maintenance and right of way acquisition and would be owners, or could
be sublet to a contractor.
3. Energy usage would be metered and charged to owner by Montana. Power
Co.
4. City of Laurel may have to hire an electrician w/ bucket truck and tools to
maintain.
5. Owner would be locked into distributors costs, for poles and light fixtures.
6. Underground wire used exclusively.
7. Total project paid off in 5 years approx. $4.7 million.
8. Estimated approximately $127.00 per pole per month.
9. ($78,232/mo including operation and maint.)
#3 Ci of Laurel to create a SLIMD. (Special light improvement maintenance
district
1. Municipal bonds could be sold to fund project Construction and
implementation and right-of-way acquisition.
2. Maintenance would be spread out over all properties on special assessment
tax.
3. Construction and implementation costs would expire in 20 years and
property owners would own lights.
4. Only maintenance costs and energy usage would remain on assessments.
5. Energy would be charged based on light usage of 41kw.hr per month or
may be metered.
& Estimated approximately$12. 001per year per Average size property.
7. ($7,355/mo including Energy operation and maintenance)
8. City of Laurel would contract maintenance or purchase a bucket truck and
hire an Electrician to maintain District and repair or replace lights as
needed.
9. See attached sheet for Montana Code Annotated for Part 43 to create
street light district.
627 IMPROVEMENT DISTRICTS 7-12-4302
the world as to the validity of the bonds and the special assessment, and the
same shall never be called into question in any court of the state.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part).
7-12-4257. Appeal from district court to supreme court. From any
judgment or decree entered under 7-12-4256, an appeal may be 1
supreme court at any time within 10 days from the entry of such
the manner prescribed by the code of civil procedure governing a
the district court to the supreme court.
History: En. Sea 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part).
7-12.4258. Cost of court proceedings. The cost of the co
ings may be apportioned between the parties at the discretion of 1
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part); ami
251, I.. 1979.
Part 43
Special Provisions for Special
Improvement Lighting Districts
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.
History: (x)En. See- 1. Ch. 143, L 1915; re-en. Sea 5259, R.C.M. 1921; anal. Sen. 1,
Ch. 143, L. 1927; re-en. Sec. 52159, R.C.M. 1985; Sec. 11-2245, RC.M. 1947; (2)En. Sec. 1,
Ch. 89, L 1913; rein. Sea 5225, RC.M.1921; rein. Sec. 5225, RC.M.1935; amd. Sec. 1,
Ch. 136, L.1967; amd. Ch. 280, L 1971; amd. Sec. 28, Ch. 566,1,.1977; Sec. 11-2201, RC.M.
1947; R.C.M. 1947,11-2201(8),11-2245-, amd. Sec. 1, Ch. 521,1 1981.
Cross-References
Major modification of existing lighting dis-
trict, 7-12-4351.
7-12-4302. Resolution of intention to create special improvement
lighting district. (1) Before creating any special improvement lighting dis-
trict in any such city or town for the purpose of lighting any street or streets
or public highway or section thereof in accordance with the provisions of this
part, the city council shall pass a resolution of intention to do so.
(2) The resolution shall designate the number of such district, describe the
boundaries thereof, and state therein the general character of the improvement
629 IMPROVEMENT DISTRICTS 7-12-4308
4•
(2) In determining the sufficiency of protest, each protest shall be
weighted in proportion to the amount of the assessment to be levied against
the lot or parcel with respect to which it is made.
(3) In determining whether or not sufficient protest has been filed in a
proposed district to prevent further proceedings therein, property owned by a
county, city, or town shall be considered the same as other property in the
district.
(4) The city council may adjourn said hearing from time to time.
History: En. See. 3, Ch. 143, L. 1915; re-en. See. 5261, RC.M. 1921; amd. Sec. 3, Ch.
143, L. 1927; re-en. Sec. 5261, RCA. 1935; RC.M. 1947,11-2247(4), (5); amd. Sec. 2, Ch.
682, L. 1983.
7.12-4306. Resolution to create lighting district. When no protests
have been delivered to the clerk of the city council within 15 days after the date
of the first publication of the notice of the passage of the resolution of intention
or when a protest shall have been found by the city council to be insufficient
or shall have been overruled or when a protest against the extent of the
proposed district shall have been heard and denied, immediately thereupon,
the city council shall be deemed to have acquired jurisdiction to order the
proposed improvements. Before ordering any of said proposed improvements,
the city council shall pass a resolution creating the special improvement
lighting district in accordance with the resolution of intention theretofore
introduced and passed by the city council.
History: En. See. 3, Ch. 143, L. 1915; re-en. See. 5261, RC.M. 1921; amd. sea 3, Ch.
143, L. 1927; re-eu. See. 5261, R.C.M. 1935; R.C.M.1947, 11-2247(6).
7-12-4307. Objections to irregular proceedings or manner of mak-
ing improvements. (1) At any time within 60 days from the date of the award
of any contract by a city or town council under the provisions of this part or at
any time within 60 days from the date the council requires or instructs the
street commissioner or any other official of the city or town to cause the posts,
wires, pipes, conduits, lamps, or other suitable and necessary appliances for the
purpose of lighting said streets of said city or town to be procured and erected,
any owner or other person having any interest in any lot or land liable to
assessment who claims that any of the previous acts or proceedings relating to
said improvements are irregular, defective, erroneous, or faulty or that his
property will be damaged by the making of any improvements in the manner
contemplated may file with the city clerk a written notice specifying in what
respect said acts or proceedings are irregular, defective, erroneous, or faulty or
in what manner and to what extent his property will be damaged by the making
of said improvements. The city clerk shall deliver the notice to the council.
(2) All objections to any act or proceeding or in relation to the making of
said improvements not made in writing and in the manner at the time aforesaid
and all claims for damage therefor shall be waived by such property owners,
Provided the notice of the passage of the resolution of intention has been
actually published and the notices of improvements posted as provided in this
part.
5a History*. En. See. 3(a), Ch. 249, L. 1921; re-en. See. 5262, R.C.M. 1921; re-en. Sec
R.C.M. 1935; RC.M. 1947, 11.2248.
7-12-4308. Operation of district. (1) The city or town council may: