HomeMy WebLinkAbout03-20-17 City Commission Packet Materials - A4. Resolution 4771, Intent to Create SID 740 - Westside Construction
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Rick Hixson, City Engineer
Craig Woolard, Director of Public Works
SUBJECT: Adoption of Resolution 4771 - a Resolution of Intent of the Bozeman City Commission to create Special Improvement District (SID) 740 for the purpose of undertaking certain local improvements to North Ferguson Avenue between West Oak
Street and Baxter Lane and on West Oak Street between Davis Lane and North
Ferguson Avenue and financing the costs thereof.
AGENDA ITEM TYPE: Action
MEETING DATE: March 20, 2017
RECOMMENDED MOTION: I hereby move to adopt Resolution No. 4771 declaring it to be
the City's intention to create Special Improvement District (SID) No. 740 for the purpose of
financing local improvements to Ferguson Avenue between West Oak Street and Baxter Lane
and on West Oak Street between Davis Lane and Ferguson Avenue.
BACKGROUND:
Proposed Resolution No. 4771, a Resolution of Intent to Create SID 740, is the first step in the
process of creating a SID. The process of creating a SID is regulated by the Montana Code
Annotated, Chapter 7-12, part 41. The purpose of the Resolution of Intent to Create the SID is to inform the public of the City's intention to raise funds from adjacent property owners to pay for a
portion of the authorized improvements. This resolution does not create the SID, it simply begins
the process. The Resolution must do the following: 1) designate the number of the district; 2)
describe the boundaries thereof; 3) state the general character of the improvements and the
approximate estimated cost; and 4) state the method of assessment to be used.
The number of this SID will be 740.
354
The boundaries of the district include the Gallatin County Regional Park Property fronting the
proposed improvements to West Oak Street and North Ferguson Avenue.
The general character of the improvements consist of the construction of North Ferguson
Avenue, from Oak to Baxter, including: installation of storm drainage utilities, street lighting,
curb and gutter, asphalt, and pedestrian ramps. The improvements also consist of widening West
Oak Street, from Davis to Ferguson, to our arterial standard, including: storm drainage
improvements, installation of curbing, street lighting, and pedestrian ramps.
There are four methods of assessment which are allowed by the Montana Code Annotated
(MCA) - the area method which is based on the area of the lot, the frontage method which is
based on the lots width fronting the street, the assessed valuation method which uses the assessed
valuation of the parcel and the equal shares method. We are proposing the lot frontage method of assessment which has been used on our last several SID’s.
The proposed schedule for this project is as follows:
Resolution of Intent to Create March 20, 2017
Publish Notice of Public Hearing March 26, 2017
(protest period begins upon publication of the notice of passage of the resolution of intent)
End of Protest Period April 10, 2017
Public Hearing April 17, 2017 Resolution of Creation April 17, 2017
FISCAL EFFECTS: Current Plans: The City’s adopted Capital Improvement Plan for FY18-22 includes both of
these street segments (SIF046 and SIF080), with a portion of the costs to be assessed to the
regional park property through a Special Improvement District underwritten by our Arterial &
Collector District.
Project Costs: The total estimated cost of all of the improvements is $2,525,667. The City has
committed $1,062,138.50 from the Street Impact Fee Fund and Flanders Mill Subdivision has
committed $401,390.62 for its share of the improvements to North Ferguson Avenue, through a
Westside Project ‐ SID portion
Oak Street ‐ Ferguson to New Holland
Street 1,409,592.00$
SIF046 4 Street Impact Fees City Share 704,796.00$
SIF046 13 Arterial & Collector District SID ‐ Gallatin County 704,796.00$
Ferguson Ave Improvements 1,116,075.00$
SIF080 7 Street Impact Fees City Share 357,342.50$
SIF080 11 Arterial & Collector District Payback ‐ Flanders Mill LLC 401,390.00$
SIF080 14 Arterial & Collector District SID ‐ Gallatin County 357,342.50$
TOTAL SID PROJECT:2,525,667.00$
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separate agreement with the city. The remaining $1,062,138.50 is to be funded by the special
improvement district. In addition, the district will be responsible for an estimated $1,000 in
incidental costs related to the creation of the district for a total of $1,063,138.50.
Right of Way (ROW) Offset: It is the City’s intent to reduce the special improvement district
loan amount by any Oak Street right-of-way purchased from Gallatin County. The right-of-way purchase price has been estimated to be $161,605.00.
SID Revolving Fund: Because the Arterial & Collector District is underwriting this Special
Improvement District loan, our SID Revolving Fund excess cash will only be utilized to avoid
charging the SID the additional 10% “principal contribution”. This internal financing provides a savings to the district of 10%, or $106,200.
After funding the East Olive project, the City’s SID Revolving Fund will have total cash of $2.8
million. State law requires the fund to have a balance of $126,125. Proceeding with this project
will require the fund to have a balance of $232,380 in FY18.
UNRESOLVED ISSUES:
None identified.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4771, Exhibits A – D, Public Notice, Letter to Property Owner
Westside Project ‐ Special Improvement District (SID) Project Breakdown
Portion paid by Street Impact Fees ‐ City Share
SIF046 4 Street Impact Fees City Share 704,796.00$
SIF080 7 Street Impact Fees City Share 357,342.50$
TOTAL STREET IMPACT FEES 1,062,138.50$
Portion benefiting Flanders Mill LLC, paid by Flanders Mill LLC agreement
SIF080 11 Arterial & Collector District Payback ‐ Flanders Mill LLC 401,390.00$
TOTAL FLANDERS MILL, LLC AMOUNT 401,390.00$
Portion benefiting Special Improvement District property, paid by SID 740
SIF046 13 Arterial & Collector District SID ‐ Gallatin County 704,796.00$
SIF080 14 Arterial & Collector District SID ‐ Gallatin County 357,342.50$
TOTAL SID AMOUNT, before ROW and incidental costs 1,062,138.50$
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Page 3 of 6
COMMISSION RESOLUTION NO. 4771
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 740; DECLARING IT TO
BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR
THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND
FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH A
PAYBACK TO THE CITY’S ARTERIAL AND COLLECTOR DISTRICT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Proposed Improvements; Intention to Create District. The City proposes to undertake
certain local improvements to benefit certain property located in the City. The Improvements
consist of roadway improvements to West Oak Street between North Ferguson Avenue and Davis
Lane and on North Ferguson Avenue between West Oak Street and Baxter Lane, including:
widening of the road, installation of curbing, storm drainage improvements, street lighting, and
pedestrian ramps, as more particularly described in Section 5 (the “Improvements”). The total
estimated costs of the Improvements are $2,525,667.00; the City has committed $1,062,138.50
from the Street Impact Fee Fund and Flanders Mill Subdivision has committed $401,390.62 for its
share of the improvements to North Ferguson Avenue, through a separate agreement with the city,
leaving $1,062,138.50 of the costs of the Improvements to be funded through the District
(hereinafter referred to as the District's Share of the Improvements). It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Parts 41 and 42, as amended, a special improvement district (the “District”) for the purpose of
357
Resolution 4771, Resolution of Intent to Create SID 740
Page 2 of 7
financing the District's Share of the Improvements and paying costs incidental thereto, including
costs associated with the creation and administration of the District (collectively the "Incidental
Costs"). The total estimated cost of the District's Share of the Improvements, including such
Incidental Costs, to be financed by the Loan is $1,063,138.50.
The Loan to be payable from special assessments to be levied against property in the
District, which property will be specially benefitted by the Improvements in an amount not less
than $1,063,138.50. To fund the costs of the District’s Share of the Improvements, the Commission
intends to provide the District a loan of approximately $1,063,138.50 from the Arterial & Collector
District fund, the purpose of which is to fund the construction costs related to the District’s Share
of the Improvements and Incidental Costs. In doing so, the Commission intends to assess the
district in the manner described in Section 7, below, to reimburse the Arterial & Collector District
fund within 3 years, in an amount to equal the principal of the loan of $1,063,138.50 to the district
plus interest of 2.5% annually. Over the 3-year term of the loan to the District, interest earnings of
up to $46,993.76 are estimated to be paid from the District property owners and deposited to the
Arterial & Collector District Fund. The City’s Special Improvement District Revolving fund
currently has money in excess of the statutory required minimum. The excess amounts are
intended to satisfy any revolving fund contribution from the District that may be required under 7-
12-4222(1)(b), MCA.
Section 2
Number of District. The District, if the same shall be created and established, shall be
known and designated as Special Improvement District No. 740 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) and
includes all the properties within the boundaries of the District, the legal description of which is
the Gallatin County Regional Park, detailed descriptions of which are contained in Exhibit B hereto
358
Resolution 4771, Resolution of Intent to Create SID 740
Page 3 of 7
(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 the District Property is shown
on Exhibit C hereto (which is hereby incorporated herein and made a part hereof).
Section 4
Benefitted Property. The District and territory included within the limits and boundaries
described in Section 3 and as shown on Exhibit A and Exhibit B are hereby declared to be the
special improvement district and the territory which will be benefitted by the Improvements and
will be assessed for the costs of the Improvements as described in Section 1. The property included
within said limits and boundaries is hereby declared to be the property benefitted by the
Improvement.
Section 5
General Character of the Improvements. The Improvements to be constructed generally
consist of expanding the existing street section on West Oak Street to an arterial standard street
and constructing North Ferguson Avenue with gravel base course material, asphaltic cement
surfacing, City standard curbs and gutters, pedestrian ramps, traffic control signage and pavement
striping, storm drains, and all related improvements shall be included on these streets. The
Improvements shall also include the engineering design, construction, inspection and engineering
certification of asphalt cement paving, gravel base courses and sub-grade preparation, storm
drainage, and all necessary permits and appurtenances to complete the road installation.
Section 6
Engineer and Estimated Cost. Sanderson Stewart and C&H Engineering shall be the
engineers for the District. The Engineers have estimated the costs of the Improvements to be
$2,525,667, as shown on Exhibit D, attached hereto (and hereby incorporated herein and made a
part hereof). The City has committed $1,062,138.50 in Street Impact Fee funds, to the costs of the
Improvements. Flanders Mill Subdivision has committed $401,390.62 for its share of the
359
Resolution 4771, Resolution of Intent to Create SID 740
Page 4 of 7
improvements to North Ferguson Avenue, through a separate agreement with the city. The
District's Share of the Improvements to be financed from the Loan is $1,062,138.50 and the
Incidental Costs related to the district and the Bonds are estimated to be $1,000. The Loan is to be
issued in the principal amount of $1,063,138.50. It is the City’s intent to reduce the loan amount
by any Oak Street right-of-way purchased from Gallatin County. The right-of-way purchase price
has been estimated to be $161,605.00.
Section 7
Assessment Methods.
7.1. Property to Be Assessed. All properties in the District will be assessed
for their proportionate share of the costs of the District's Share of the Improvements
from which they derive a benefit as determined and set forth herein. District's Share
of the Improvements shall be assessed against the property in the District
benefitting from these Improvements, based on the method as authorized by Section
7-12-4163, M.C.A., as particularly applied and set forth in Section 7.2 hereof.
7.2. Lot Frontage. The District's Share of the Improvements will be assessed
using the lot frontage method of assessment. The Engineer has determined the
frontage of each lot, tract or parcel, based on current recorded plats and certificates
of survey for each lot, tract or parcel of land, on file at the Clerk and Recorder’s
office. The total lineal foot frontage of the District to be assessed, exclusive of
streets, roads, and rights-of-way, is 2,255.42 feet fronting Ferguson Avenue and
2,529.59 feet fronting Oak Street. The total estimated cost of the District's Share of
the Improvements to be funded through the District is $1,063,138.50 and shall be
assessed against each lot, tract or parcel of land in the District for that part of the
costs of the District's Share of the Improvements that the frontage of such lot, tract
or parcel bears to the total frontage of all lots, tracts or parcels of land in the District,
exclusive of streets, roads, and rights-of-way. The District's Share of the
Improvements per lineal foot of frontage, exclusive of interest, shall not exceed
360
Resolution 4771, Resolution of Intent to Create SID 740
Page 5 of 7
$222.18. The estimated principal assessment for each lot, tract or parcel of land for
the District's Share of the Improvements is shown on Exhibit C hereto.
7.3. Assessment Methodology Equitable and Consistent with Benefit. This
Commission hereby determines that the method of assessment and the assessment
of costs of the District's Share of the Improvements against the properties benefitted
thereby as prescribed in this Section 7 is equitable and in proportion to and not
exceeding the special benefits derived from the Improvements by the lots, tracts
and parcels to be assessed therefore within the District.
Section 8
Payment of Assessments. The special assessments for the costs of the District's Share of
the Improvements shall be payable over a term not exceeding (3) three years, each in equal semi-
annual installments of principal, plus interest, or equal semi-annual payments of principal and
interest, as this Commission shall prescribe in the resolution creating the district. Property owners
have the right to prepay assessments as provided by law. It is the City’s intent to reduce the
assessment amounts by any Oak Street right-of-way purchased from Gallatin County. The right-
of-way purchase price has been estimated to be $161,605.00.
Section 9
Method of Financing; Findings and Determinations. The total approximate costs of the
District’s Share of the Improvements and Incidental Costs will be financed by a loan to the District
from the City’s Arterial & Collector District fund in an amount of $1,063,138.50, the repayment
of which shall become an obligation of the District. The principal of and interest on the Loan from
the City’s Arterial & Collector District fund will be repaid from special assessments levied against
the property in the District.
In determining to authorize such undertakings and agreements, this Commission has taken
into consideration the following factors:
361
Resolution 4771, Resolution of Intent to Create SID 740
Page 6 of 7
(a) Delinquencies. The property has no delinquent taxes.
(b) The Public Benefit of the Improvements. The planned Improvements
will preserve public safety by providing through lanes and drive approaches for
those who reside along this street or use the street to access their residences and
businesses.
Section 10
Public Hearing; Protests. At any time within fifteen (15) days after the date of the first
publication of the notice of the passage and approval of this resolution, any owner as defined in
Section 7-12-4112(4), MCA, of real property within the District liable to be assessed for the cost
of District’s Share of the Improvements may make and file with the City Clerk until 5:00 p.m.,
MT, on the expiration date of said 15-day period (Monday, April 10, 2017), written protest against
the proposed Improvements, or against the creation of the District or both. Such protest must be in
writing, identify the property in the District owned by the protestor and be signed by all owners of
the property. The written protest must be delivered to the City Clerk, who shall endorse thereon
the date and hour of its receipt. The 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
and pass upon all such protests so made and filed; which said regular meeting will be held on
Monday, the 17th day of April, 2017, at 6:00 p.m., in the Commission Meeting Room, Bozeman
City Hall, 121 N. Rouse Avenue, in Bozeman, Montana.
Section 11
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, as
contained in Exhibit E attached hereto (which is hereby incorporated herein and made a part
hereof), and as provided in Section7-12-2121, MCA, in the Bozeman Daily Chronicle, a newspaper
of general circulation in the county on March 26, 2017 and April 2, 2017 in the form and manner
362
Resolution 4771, Resolution of Intent to Create SID 740
Page 7 of 7
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 the owner's name upon the last completed assessment roll for state, county, and
school district taxes, at the owners last-known address, on or before the same day such notice is
first published.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 20th day of March, 2017.
___________________________________ CARSON TAYLOR Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
363
DAVIS LN W OAK ST
BAXTER LN
EQUESTRIAN LN
RENOVA LN RIATA RD LASSO AVE PIN AVE TSCHACHE LN
BOSAL ST
LOLO WAY MEAGHER AVE AGATE AVE
LADUKE ST
TANZANITE DR
BREEZE LN
GALLOWAY ST NEW HOLLAND DR N FERGUSON AVE RENOVA LN
MONIDA ST MARIAS LN LOLO WAY VAQUERO PKWY GALLOWAY ST SPRING VIEW CT CABALLO AVE WINTER PARK ST BUR AVE LEMHI TRAIL DR VAQUERO PKWY BAXTER LN DAVIS LN N. Ferguson Ave. & W. Oak St. S.I.D.
"Exhibit A"
COUNTYCOUNTY
REGIONALREGIONAL
PARKPARK
Legend
Ferguson & Oak SID
Parcels
¯
364
EXHIBITBFergusonAvenue&WestOakStreetSIDADDRESSOWNER1OWNER2OWNERADDRESSCITYSTATEZIPPARCELNUMBERLEGALDESCRIPTIONOUTSTANDINGSIDASSESSMENTSDLQPROPERTYTAXESDLQCITYASSESSMENTS1705VaqueroPkwy GallatinCounty 311WMainStreet,Rm304 Bozeman,MT59715Ͳ4574 RGG7622S03,T02S,R05E,COS2202B,Tract3AͲ1Remainder0Ͳ$ Ͳ$365
EXHIBIT CFerguson Avenue & West Oak Street SIDADDRESSOWNER 1OWNER 2OWNER ADDRESSCITY STATE ZIPASSESSABLE LOT FRONTAGE Ferguson Ave (Lineal Feet)ASSESSABLE LOT FRONTAGE West Oak St (Lineal Feet) Total Assessment 1705 Vaquero Pkwy Gallatin County 311 W Main Street, Rm 304 Bozeman, MT 59715‐45742255.422529.59 1,063,138.50$ 366
EXHIBITD
FERGUSONAVENUEͲBAXTERLANETOOAKSTREET
ConstructionCostsw/10%Contingency
(EstimatedCostDetailsAttached)
CostofImprovements 1,116,076.15$
CityShare(1/3ofImprovements) 357,342.50$
SIDShare(1/3ofImprovements) 357,342.50$
FlandersMillSubdivisionShare401,390.62$
(1/3ofImprovements+100%ofAsphaltTrail)
WESTOAKSTREETͲFERGUSONTONEWHOLLAND
ConstructionCostsw/5%Contingency
(EstimatedCostDetailsAttached)
CostofImprovements 1,409,592.00$
CityShare(50%) 704,796.00$
SIDShare(50%) 704,796.00$
TOTALCostofImprovements(Oak&Ferguson) 2,525,668.15$
TOTALSIDAmount(Oak&Ferguson) 1,062,138.50$
NOTE:Seeattachmentfordetailedestimate
367
Exhibit A
Oak Street Improvements
Scope of Work – Construction Phase for Ferguson Avenue to New Holland Drive
3/9/17
Sanderson Stewart is pleased to provide this scope of work for the Oak Street Improvements project. This
phase of the project will consist of limited bidding services, construction administration and inspection. A
detailed scope of services for these design tasks is outlined below.
Phase 1 - Project Initiation
This phase of the project includes preparation of the scope of work and amendment.
Phase 2 – Construction/Contract Administration
This phase of project will consist of limited construction bidding services, contract administration and
construction inspection tasks, including the following:
x Prepare cost breakdown of engineer’s opinion of probable cost and contractor’s bid for each
intersection and the mainline for funding allocation
x Process contract documents (assume three copies)
x Facilitate pre-construction meeting, prepare agenda and distribute minutes
x Shop drawing review
x Construction observation and documentation (assume full-time observation for 10 hours each day and
a 120-calendar day construction contract)
x Attend weekly construction meetings and prepare minutes
x Respond to Contractor RFI’s
x Construction testing coordination and review
x Process pay applications submitted by Contractor and necessary change orders, verify material
quantities on all contractor pay requests
x Process the Certificate of Substantial Completion, coordinate final inspection and prepare punch lists.
x Prepare as-built (record) drawings
x Conduct two-year warranty walkthrough and prepare punch list.
Phase 3 – Construction Staking
This phase of the project consists of the construction layout, anticipated to include the following:
x Stake Subgrade cuts for streets one time; 25-foot spacing; 2-3 foot offset from back of curb
x Stake curb and gutter one time; 25-foot spacing, PC’s, PT’s, center of drive approaches
x Stake roundabout curbs – All features one time
368
x Centerline Bluetops; 25-foot spacing; finished grade of Oak Street
x Stake line and grade of multi-use path and boulevard walks one time – 2-foot offsets to edge
x Stake back of curb at storm inlet relocations
x Stake new SD manhole with double offsets
x Stake ponds and culvert ends at invert elevation
x Stake horizontal layout of curb ramps with vertical benchmark for grade one time
x Stake signs, signals and light poles one time
x Layout striping one time
x Stake utility services and relocated utilities
The following items are not expected to be needed for this project and are therefore specifically excluded from
this scope of work:
x Material testing (By Contractor or City Term Contract)
x SWPPP permitting and operation (By Contractor)
Schedule
The anticipated schedule for this project will be based on the anticipated 120-calendar day construction
contract.
369
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375
Exhibit E
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 740
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on March 20, 2017 the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted Resolution 4771, a
Resolution of Intention to create Special Improvement District No. 740 (the “District”) for the
purpose of undertaking certain local improvements to Ferguson Avenue between West Oak
Street and Baxter Lane and on West Oak Street between Davis Lane and Ferguson Avenue and financing the costs thereof and incidental thereto through a loan to the District from the City’s
arterial and collector district fund.
A complete copy of the Resolution No. 4771 (the “Resolution”) is on file with the Bozeman City
Clerk. The Resolution more specifically describes the nature of the improvements, the boundaries and the area included in the District, and other matters pertaining thereto and further
particulars. The Resolution and accompanying exhibits may be also viewed on the City’s
website at www.bozeman.net.
The City proposes to undertake certain local improvements to benefit certain property located in the city. The Improvements consist of roadway improvements to Ferguson Avenue between West
Oak Street and Baxter Lane and on West Oak Street between Davis Lane and Ferguson Avenue,
including: widening the road, installation of curbing, storm drainage improvements, and
pedestrian ramps, as more particularly described in Section 5 of Resolution 4771 (the
“Improvements”). The total estimated costs of the Improvements is $2,525,667.00; however, the City has committed $1,062,138.50 from the street impact fee fund and Flanders Mill
Subdivision has committed $401,390.62 for its share of the improvements to North Ferguson
Avenue, through a separate agreement with the city, leaving $1,062,138.50 to be funded by the
district (hereafter referred to as the District’s Share of the Improvements). It is the intention of
the City Commission to create and establish in the City under Title 7, Chapter 12, Parts 41 and 42, MCA, as amended, the District for the purpose of financing the District’s Share of the
Improvements and paying costs incidental thereto, including costs associated with the creation
and administration of the District (collectively the “Incidental Costs”). The total estimated cost
of the District’s Share of the Improvements, including such Incidental Costs, is $1,063,138.
Subject to the limitations in Sect. 7-12-4222, MCA the general fund of the City may be used to provide loans to the special improvement revolving fund or a general tax levy may be imposed
on all taxable property in the City to meet the financial requirements of the revolving fund.
To fund the costs of the District’s Share of the Improvements, the Commission intends to
provide the District a loan of approximately $1,063,138 from the City’s Arterial & Collector District Fund, the purpose of which is to finance the construction warrants related to the
District’s Share of the Improvements and Incidental Costs. In doing so, the Commission intends
to levy assessments against each property in the District pursuant to Sect. 7-12-4163, MCA
376
Exhibit E
(street frontage assessment method) to reimburse the special improvement district revolving loan fund in an amount to equal the principal of the loan of $1,063,138 plus interest at approximately
2.5% annually over the 3 year term of the loan.
On Monday, April 17th, 2017, at 6:00 p.m., in the Commission Room of City Hall, 121
North Rouse Avenue, Bozeman, Montana, the City Commission will conduct a public hearing regarding adoption of a resolution creating the District and pass upon all written protests against the creation or extension of the District, or the Improvements.
Written protests against the creation or extension may be filed by an owner of real property
within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the City Hall, 121 North Rouse Avenue, Suite
202, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, April 10, 2017.
Further information regarding the proposed District or other matters in respect thereof may be
obtained from the City Engineer, PO Box 1230, Bozeman, Montana, 59771 or by telephone at (406) 582-2280.
Dated: March 20, 2017
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
ROBIN CROUGH
City Clerk
Legal Ad
Publication Dates:
Sunday March 26th, 2017
Sunday April 2nd, 2017
377
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Robin Crough, Bozeman City Clerk, being first duly sworn, says:
That I deposited in the U.S. Post Office at Bozeman, Montana, on the 24th day of March, 2017, a copy of the Notice of Passage of Resolution 4771 (A resolution of intent to create the Oak & Ferguson Street SID (SID No. 740) to owners of real property located in Special
Improvement District No. 740, as those properties are listed in Exhibit "C" of Resolution 4771,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Robin Crough
City Clerk
Subscribed and sworn to before me this 24th day of March, 2017.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: __________
378
March 24, 2017
[insert address] RE: Notice of passage of resolution of intent to create the Special Improvement District 740, notice of right
to protest, and notice of public hearing on Monday, April 17, 2017
Dear Property Owner:
Special Improvement District 740
On Monday, April 17, 2017 at 6:00 pm in the Commission Room at Bozeman City Hall, the Bozeman City Commission will hold a public hearing to consider written protests to the formation of the Special Improvement District 740 to fund
street reconstruction improvements to North Ferguson Avenue between West Oak Street & Baxter Lane and on West Oak
Street between Davis Lane and North Ferguson Avenue. You are being mailed this letter because you are considered an owner of real property within the proposed district.
At a public hearing on March 20, 2017, the Bozeman City Commission adopted Resolution 4771, a resolution of intent to create Special Improvement District 740 (the “District”). Attached to this letter you will find a copy of the notice of
passage of Resolution 4771. The Resolution of Intent No. 4771 is on file in the City Clerk’s office located at City Hall,
121 North Rouse Avenue, Suite 202 and can also be found on the City’s website at www.bozeman.net by following the steps provided: I want to button, view document center, Commission Documents, Resolutions, 2017 Resolutions, and by
clicking on Resolution No. 4771. The District, if created, will comprise the area shown on Exhibit A of Resolution 4771 (attached) and will be for the purpose of constructing street and storm drainage improvements to North Ferguson Avenue
between West Oak Street & Baxter Lane and on West Oak Street between Davis Lane and North Ferguson Avenue.
If created, the costs of the District will be assessed bi-annually to all owners of real property within the District based
upon the amount of frontage of each lot or parcel, expressed in linear feet. Total assessment amounts by parcel can be
found in Exhibit C (attached).
Owners of property have 15 days from March 26, 2017 to make a written protest against the creation of the District.
On April 17, 2017, the City Commission will conduct a public hearing at 6:00 pm in the Commission Room at Bozeman
City Hall, 121 North Rouse Ave., Bozeman, MT to consider a resolution to create the District. Please see the attached
Notice. During this public hearing the City Commission will accept public comment and consider all valid written protests submitted prior to the established deadline of 5:00pm on Monday, April 10, 2017. For more information on the creation of
the District please contact the City Engineer Rick Hixson at 582-2284.
Sincerely,
Robin Crough
Bozeman City Clerk Enc. Notice of Passage of Resolution 4771
379