RID 395 Ousel Falls Road

Scope:  The scope of RID 395 is described in three schedules; two schedules have a part that is bond funded and another that is incrementally funded (maintenance).  Schedule 1 is the scope of work associated with the intersection of Ousel Falls Road (OFR) and Hwy 64; it is only funded by bonds.   Schedule 2 is the scope of work associated with OFR from the intersection of Hwy 64 to the intersection of Crown Butte Road; schedule 2 has one part that is funded by bonds and another that is incrementally funded (maintenance).  Schedule 3 is associated with the scope of work associated with OFR from the intersection with Crown Butte Road to South Fork Road and South Fork Road to the Madison County line; schedule 3 has one part that is funded by bonds and another that is incrementally funded (maintenance).  

Select "More information-->" for the Gallatin County Resolution of Intent   More information →   and                                                                 Resolution to Create RID395 More information →  

RID Boundary:   All properties in both Madison and Gallatin Counties that use the parts of OFR and South Fork Road within Gallatin County are included in the RID395 Boundary.  Within the RID395 Boundary there are five groupings of properties based on which properties benefit from which schedules as well as in which county the group is located. Based on benefit For Gallatin County properties the scope [and planned initial assessment] within the RID Boundary were: 1) Schedule 1 only [$63/parcel/year], 2) Schedule 2 & 3 no maintenance [$513/parcel/year], 3) Schedule 1,2&3 [$712/parcel/year] and 4)Schedule 1 &2 [$161/parcel/year].   There is one grouping for properties in Madison County and that is for Schedules 1, 2 & 3 [$681/parcel/year]. 

[See "More informaton --->" for PDF of the RID395 Boundary:   More information →    

RID395 Assessments for MoonDance Properties:  Properties within Firelight Phase 1 are assessed for Schedule 1 and Schedule 2 in two parts, one bond funded and one incrementally funded (maintenance).  The original petition stated that these properties would be assessed in three parts: 1) Schedule 1 bond, 2) Schedule 2 bond and 3) Schedule 2 maintenance.  The two bond assessments were to be a total of $130 and the maintenance assessment was to be $31.

Impact on liability of MoonDance Homeowners' Association for maintenance of that section of OFR within the Subdivision: In accordance with our subdivision plat approval this section like all roads within the subdivision are dedicated to public use but the maintenance of this section of OFR is the responsibility of the property owners within Firelight Phase 1 Subdivision (FL1).  The Protective Covenants describe this responsibility in Subsection 5A which refers to as La Montagne Piona which was abandoned and replaced by OFR. There are easements granted to Yellowstone Club and Spanish Peaks for use of this section of OFR and they have historically maintained that section of OFR.  There are, however, no road maintenance agreements on file in the Gallatin County records on this section of OFR.  Because of an easement granted to FL1 Subdivision for use of OFR through the Town Center, there was an attempt by the Town Center in 2007 to create a road maintenance agreement that would have assessed properties within FL1 for 4% of the cost of maintenance of that section of OFR.  The poor condition of OFR due to heavy construction use and the financial difficulties of the Yellowstone Club and Spanish Peaks development were prime motivations for creating RID-395.  The formation of RID-395 avoided legal expenses in developing road maintenance agreements for this OFR section and limited our liability for maintenance of this section of OFR to the RID-395 assessments.

 RID 397 Stream Side Way, Sunrise View Way & Misty Way

General Summary: The process for creation of the RID for FL1 Subdivision began with a resolution proposed to MoonDance membership at the 2010 Annual Meeting to contract with Morrison-Maierle (M-M) to develop a RID petition. The resolution was passed 16 FOR and none AGAINST. After the Annual Meeting the Board developed guidelines for M-M to consider in developing the RID petition (see Proposed RID Petition tab for details.). M-M developed the RID Petition and sent copies to all property owners of record in the RID Boundary and requested a reply in support or opposition to the Proposed Petition.  He received more than the needed minimum of 50% of owners replying in support of the RID.  He then went before the Gallatin County Board of Commissioners on June 21, 2011 with the petition. As a result a resolution was passed on the Intention to Create RID397-Roads and RID397-Park. On June 24 and July 1, 2011 a notice was published requesting protests to the RID creation be sent to the County Clerk within 30 days. Only one protest was made. 

As a result of a Hearing on August 2, 2011, the Gallatin County Board of Commissioners approved the formation of RID397-Roads and RID397-Park for the maintenance of Streamside Way, Sunrise View Way and Misty Way and the 31.67 acres of Park and Open Space within Firelight Phase 1 Subdivision. [See  More information →   for PDF version of Resolution Creating RID 397 and More information →  for Public Notice of passage .]

According to the Petition to Create RID397 which is the basis of the Resolution to Create RID397 [For details see     More information →     for PDF Version of the Petition to Create RID 397 ]: 

1)  The properties to be assessed for RID397-Roads include all of the lots within Firelight Phase 1 Subdivision and all of the lots and parcels with Certificate of Survey (COS) 2409 also known as Greathorn Ranch. [Note: The initial number of Lots within the RID Boundary for RID397 was 33. With the formation of Minor subdivision 446 within Greathorn Ranch, this has increased to 37].

2) Only the lots within Firelight Phase 1 Subdivision will be assessed for RID397-Park.  

3) The first assessment for RID397-Roads and RID397-Park would be in the November 2012 Gallatin County Property tax bill.    

4) The first major planned expenditure under RID397-Roads is in 2016 for chip seal of roads with a budget of $60,520.  

5) The second major planned expenditure under RID397-Roads is in 2026 for an asphalt overlay of the roads with a budget of $230,067.