HomeMy WebLinkAbout01-22-18 City Commission Packet Materials - A2. Resolution 4867, Intent to Create SID 741 for S. Tracy Reconstruction ProjectCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kellen Gamradt, Engineer II
Rick Hixson, City Engineer
SUBJECT: Adoption of Resolution 4867 - a Resolution of Intent of the Bozeman
City Commission to create Special Improvement District (SID) 741 for the purpose of
undertaking certain local improvements to South Tracy Avenue from Olive Street to
one half block south of Harrison Street and financing the costs thereof.
AGENDA ITEM TYPE: Action
MEETING DATE: January 22, 2018
RECOMMENDED MOTION: I hereby move to adopt Resolution 4867 declaring it to be the
City's intention to create Special Improvement District (SID) No. 741 for the purpose of
financing local improvements to South Tracy Avenue between Olive Street and one half block
south of Harrison Street.
BACKGROUND: In FY 2012 the City Commission authorized that additional street
maintenance funds be set aside for street reconstruction projects. This street reconstruction
money is in addition to the annual street maintenance projects the City funds with its gas tax
allocation. It is used to finance a portion of the complete reconstruction of streets which have
deteriorated beyond the point where they can be maintained. Current practice per Commission
direction is to supplement these street reconstruction funds with a contribution from the residents
adjacent to the street who are its primary users and therefore specifically benefitted by the street
improvements through the creation of an SID.
The street proposed for reconstruction this year is South Tracy Avenue between Olive Street and
one half block south of Harrison Street. In February 2014 the Commission adopted Resolution
4507 which establishes policies regarding the local share for street reconstruction. The resolution
contains a table which establishes the funding splits to be used based on traffic counts:
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Funding Classification Average Daily Traffic (vehicles
per day)
Funding Split
(SID/Reconstruction fund)
Local Less than 800 75% / 25%
Minor Collector 800 - 1500 50% / 50%
Major Collector 1501 - 4500 15% / 85%
Arterial More than 4500 100%
Traffic counts on the segment of South Tracy Avenue to be reconstructed are up to 1,700
vehicles per day. Applying the policies established by Resolution 4507 the funding split to be
used is 85% street reconstruction money and 15% local share. Resolution 4507 also establishes
that the local share should be financed by creation of an SID.
Proposed Resolution 4867, a Resolution of Intent to Create SID 741, is the first step in the
process of creating an SID. The process of creating an SID is regulated by the Montana Code
Annotated (MCA), 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 741. The boundaries of the district include all of the parcels of
property directly fronting on South Tracy Avenue between Olive Street and one half block south
of Harrison Street. The general character of the improvements consist of roadway improvements
including repaving of the road, replacement of curbing, installation of storm drainage
improvements, and pedestrian ramps.
There are four methods of assessment which are allowed by the 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. As on the previous four Street Reconstruction projects: South 8th
, East
Story Street, North Wallace Avenue, and East Olive Street, staff recommends using the lot
frontage method of assessment for this SID.
The Engineering Division has hosted two neighborhood meetings to present information about
the proposed project to the local residents. At the meetings we discussed the project design
elements, proposed schedule, estimated costs and proposed method of assessment.
The proposed schedule for this project is as follows:
Resolution of Intent to Create January 22, 2018
Mail Notice of Public Hearing January 26, 2018
Publish Notice of Public Hearing January 28 and February 4, 2018
(protest period begins upon publication of the notice of passage of the resolution of intent)
End of Protest Period February 12, 2018
Public Hearing February 26, 2018
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Resolution of Creation February 26, 2018
Resolution for Levy of Special Assessment February 26, 2018
Budget Amendment – Street Maintenance Fund February 26, 2018
Advertise for Construction Bids March 4 - March 18, 2018
Open Bids March 27, 2018
Award Contract April 2, 2018
You can see in the proposed schedule that a protest period begins upon publication of the notice
of the public hearing, in this case January 28, 2018. The 15 day protest period begins on January
28, 2018 and ends on February 12, 2018. We will be mailing residents in the proposed district
form protest letters which they can sign and return if they are opposed to creation of the SID.
If the District is created, a separate resolution levying the special assessment on benefitted
property in the District will be considered for adoption at a public hearing at the same meeting
on February 26, 2018.
FISCAL EFFECTS:
Current Budget: The FY18 Approved Budget anticipated the reconstruction of South Grand
Avenue with a total project cost of $2,551,255; 25% from the Street Reconstruction Funds
($637,814) and 75% SID financed from the SID Revolving Fund ($1,913,441). Instead, that
project is now unscheduled on the most-recently approved CIP.
The reconstruction of South Tracy Avenue was scheduled for FY19 in the prior-year CIP, with
and 85% / 15% funding split and a total cost of $1,524,676.
We are proposing using the appropriation authority granted for the South Grand Reconstruction
in FY18 to reconstruct South Tracy Avenue.
Project Costs: The total estimated cost of the street and storm drain improvements are
$1,528,000. The City can commit, per its policy, $1,298,800 from the Street Reconstruction fund
to reduce the costs to the SID, leaving $229,200 to be funded by the 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 $230,200.
The original budget for the South Grand Project was $684,000 in Street Reconstruction Funds
and a budget amendment will be required upon creation to include an additional $613,800 of the
South Tracy Project.
If the Commission adopts Resolution 4867 based on the recommended method of assessment,
that is, lot frontage, then for a residential lot with 65 ft. of frontage, the total estimated
assessment would be $3,078.14. At the current estimated interest rate of 1.5%, a typical
residence would be assessed approximately $178.72 annually over a period of twenty years,
equivalent to $14.89/month.
SID Revolving Fund: Our SID Revolving Fund has cash in excess of the statutorily required
amount (10% of our outstanding SID debt). This excess will be used to underwrite the SID
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costs; the Revolving Fund will loan the District the money, rather than have a bond sale. We
used this type of underwriting for the Olive Street, Story Street, 8th
Street, and Wallace Avenue
SIDs as well. This has a number of benefits: 1. Lower interest rate for the District property
owners, 2. Avoidance of the costs and time-consuming work of underwriting and bond sale, 3.
Revolving Fund will be “paid back” as property owners make their payments over time, with
interest.
The City’s SID Revolving Fund has total cash of $2.8 million. State law requires the fund to
have a balance of $104,053. Proceeding to underwrite this project, cash will immediately be
decreased by $230,200. Beginning in November, annual assessments will be paid back into the
fund. Over the life of the loan, the Revolving Fund will receive approximately $37,109.68 in
interest earnings. These earnings can be used to underwrite other projects in the future –
growing our ability to complete SID projects.
UNRESOLVED ISSUES: As discussed above, SID creation is subject to protest by the
residents to be assessed. The sufficiency of protest is outlined in MCA 7-12-4113. Simply stated,
if more than 50% of the property owners to be assessed protest the SID's creation, further
proceedings are barred for six months. Should this occur, our plan is to move on to the next street
which needs reconstruction. There are more than enough streets requiring reconstruction to keep
us busy for a number of years to come. However, at some point in the future, the community at
large will not be able to absorb the displaced traffic that will result from local residents
protesting the creation of SID's to improve their local street. At that time the Commission will be
asked to provide direction on how to finance local street improvements in the face of local
opposition to SID's.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4867, Exhibits A – D, Public Notice, Letter to Property Owners, Protest
Form & Instructions
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Page 1 of 8
COMMISSION RESOLUTION NO. 4867
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 741; 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
LOAN TO THE DISTRICT FROM THE CITY'S SPECIAL IMPROVEMENT DISTRICT
REVOLVING FUND, AND ONCE CREATED TO LEVY THE SPECIAL ASSESSMENTS
ON BENEFITTED PROPERTY IN THE 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 South Tracy Avenue between Olive Street and one half block south of
Harrison Street, including: repaving of the road, replacement of curbing, installation of storm
drainage improvements, and pedestrian ramps, as more particularly described in Section 5 (the
“Improvements”). The total estimated costs of the Improvements are $1,528,000, Pursuant to
Resolution 4507, the City can commit, per its policy, $1,298,800 from the Street Maintenance
District fund to reduce the costs to the special improvement district, leaving $229,200 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 financing the District's Share of the
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Resolution 4867, Resolution of Intent to Create SID 741
Page 2 of 8
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 is $230,200.
To fund the costs of the District’s Share of the Improvements, the Commission intends to
provide the District a loan of approximately $230,200 (the “Loan”) from the City’s special
improvement district revolving fund, the purpose of which is to pay the construction warrants
related to the District’s Share of the Improvements and Incidental Costs. The Loan will be payable
from special assessments to be levied against property in the District, which property will be
specifically benefitted by the Improvements in an amount not less than $230,200. The Commission
intends to assess the District in the manner described in Section 7 below, to reimburse the special
improvement district revolving fund in an amount to equal the principal of the loan of $230,200 to
the District plus interest at approximately 1.5% annually. Over the 20-year term of the Loan,
interest earnings of up to $37,109.68 are estimated to be paid from the District property owners
and deposited to the special improvement district revolving fund. In addition to reimbursing the
revolving fund for interest the revolving fund would otherwise earn, these interest earnings 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. 741 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
those lots and parcels on South Tracy Avenue between Olive Street and one half block south of
Harrison Street which front directly on these streets, legal descriptions of which are contained
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Resolution 4867, Resolution of Intent to Create SID 741
Page 3 of 8
in Exhibit B hereto (which is hereby incorporated herein and made a part hereof), which boundaries
are designated and confirmed as the boundaries of the District.
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 specifically 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 specifically
benefitted by the Improvements.
Section 5
General Character of the Improvements. The Improvements to be constructed generally consist of
removing the existing street pavement and curbing, installing a 33-foot-wide street section on
South Tracy 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 on these streets. The Improvements shall include the engineering
design, construction, inspection and engineering certification of asphalt cement paving, gravel
base courses and subgrade preparation, storm drainage, and all necessary permits and
appurtenances to complete the road installation.
Section 6
Engineer and Estimated Cost. The City Engineer of Bozeman shall be the engineer for the District.
The Engineer has estimated the costs of the Improvements to be $1,528,000, as shown on Exhibit
D, attached hereto (and hereby incorporated herein and made a part hereof). The City has
committed $1,298,800 in Street Maintenance District funds, in accordance with Commission
Resolution No. 4507, to the costs of the Improvements. The District's Share of the Improvements
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Resolution 4867, Resolution of Intent to Create SID 741
Page 4 of 8
to be financed from the Loan is $229,200 and the Incidental Costs related to the district are
estimated to be $1,000. The Loan is to be issued in the principal amount of $230,200.
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 4,861.06 feet. The total estimated cost of the
District's Share of the Improvements, including Incidental Costs, to be funded
through the District is $230,200 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 $47.36. 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.
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Resolution 4867, Resolution of Intent to Create SID 741
Page 5 of 8
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 (20) twenty 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 authorizing the Loan from the City's
special improvement district revolving fund. Property owners have the right to prepay assessments
as provided by law.
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 special improvement district revolving fund in an amount of $230,200, the repayment of
which shall become an obligation of the District. The principal of and interest on the Loan from
the City’s special improvement district revolving fund will be paid 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:
(a) 2017 Market Value of Parcels; Comparison of Existing Special
Assessments and Delinquent Property Taxes. The 2017 taxable market value of the
lots, parcels or tracts in the District, as shown on the rolls of the Montana
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Resolution 4867, Resolution of Intent to Create SID 741
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Department of Revenue for property tax purposes, is set forth in Exhibit C hereto.
The 2017 taxable market valuation for all the property in the District of $36.5
Million significantly exceeds the amount of assessments of $230,200. The special
assessments to be levied under Section 7 against each lot, parcel or tract in the
District is expected to be less than the increase in estimated market value of the lot,
parcel or tract as a result of the construction of the Improvements.
(b) Diversity of Property Ownership. There are 72 (seventy two) separate
parcels of land in the District, with 79 separate owners.
(c) Delinquencies. Of the 72 taxable properties in the district, no properties
have delinquent property taxes or annual city assessments.
(d) 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. Safety will be improved, especially for those properties within the
District, by reconstructing roadway that has deteriorated beyond the point where it
can be maintained and by installing pedestrian ramps and traffic control signage.
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, February 12, 2018), 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
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Resolution 4867, Resolution of Intent to Create SID 741
Page 7 of 8
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; said regular meeting will be held on Monday,
the 26th
day of February, 2018, 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 Section 7-12-4106, MCA, in the Bozeman Daily Chronicle, a newspaper of general
circulation in the county on January 28, 2018 and February 4, 2018 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 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.
Section 12
Resolution Levying Special Assessment. Pursuant to 7-12-4176, MCA, this commission intends
to by resolution levy and assess a tax upon all benefitted property in the District. A public hearing
on such resolution will be held at the regular meeting of the City Commission on February 26,
2018, at 6:00 p.m., in the Commission Meeting Room, Bozeman City Hall, 121 N. Rouse Avenue,
in Bozeman, Montana.
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Resolution 4867, Resolution of Intent to Create SID 741
Page 8 of 8
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd
day of January, 2018.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
112
S TRACY AVE
S GRAND AVE
S BLACK AVE
S WILLSON AVE
S BOZEMAN AVE
E OLIVE ST
E STORY ST
W OLIVE ST
W KOCH ST
W STORY ST
W CURTISS ST
W COLLEGE ST
LINDLEY PL
W HARRISON ST
W DICKERSON ST
DELL PL
W ALDERSON ST
E KOCH ST
ICE POND RD
E COLLEGE ST
E HARRISON ST
E CURTISS ST
E DICKERSON ST
Legend
S Tracy Ave - S.I.D.
Parcels
S. TRACY EXHIBIT AVE. A - S.I.D.
¯
113
EXHIBIT B
DLQ SID DLQ Property DLQ City
Property Address Property Owner Property Owner 2 Mailing Address City State Zip Code Parcel # Legal Description Assessments Taxes Assessments
S Tracy St James Parish Barbara Lyons 5 Mallard Ln Bozeman MT 59718‐9445 RGH33696 Lot 1‐3, Block F, Alderson Addition $ ‐ $ ‐ $ ‐
211 S Tracy Crawford, Kathleen A 211 S Tracy Ave Bozeman MT 59715‐4603 RGH2969 S 1/2 Lot 5, Lot 6, Block F, Alderson Addition $ ‐ $ ‐ $ ‐
217 S Tracy Clingner, Doughlas & Cynthia 217 S Tracy Ave Bozeman MT 59715‐4603 RGH5922 Lot 7‐8, Block F, Alderson Addition $ ‐ $ ‐ $ ‐
221 S Tracy Charlie Management LLC 850 NE 5th Ave Boca Raton FL 33432‐2930 RGH1194 Lot 9‐10, Block F, Alderson Addition $ ‐ $ ‐ $ ‐
202‐208 S Tracy Piva, Orlando, Gary & Sandra 128 S 5th St E Missoula MT 59801‐2720 RGH5458 W PT OF LOTS 18‐20, BLOCK D, Black Addition $ ‐ $ ‐ $ ‐
212 S Tracy Smith, Theila Revocable Trust Culbertson, Barry Revocable Trust 212 S Tracy Ave Bozeman MT 59715‐4604 RGH4126 Lot 16‐17, Plat A‐7, Block D, Black Addition $ ‐ $ ‐ $ ‐
216 S Tracy City of Bozeman PO Box 1230 Bozeman MT 59715 RGH3317 Lot 13‐15, Block D, Black Addition $ ‐ $ ‐ $ ‐
222 S Tracy Lee, Barbara 222 S Tracy Ave Bozeman MT 59715 RGH4047 W 70.5' Lot 11 & Lot 12, Block D, Black Addition $ ‐ $ ‐ $ ‐
303 S Tracy Harris, Nicholas Dawood Andleeb Rev Living Trust 303 S Tracy Ave Bozeman MT 59715‐4605 RGH6521 Lot 1‐2, Block G, Alderson Addition $ ‐ $ ‐ $ ‐
307‐309 S Tracy Beall, Sharon L 307 S Tracy Ave Bozeman MT 59715‐4605 RGH2663 Lot 3‐4, Block G, Alderson Addition $ ‐ $ ‐ $ ‐
311 S Tracy Lavin, Matthew & Kristi 311 S Tracy Ave Bozeman MT 59715‐4605 RGH2562 Lot 5 & N 25' Lot 6, Block G, Alderson Addition $ ‐ $ ‐ $ ‐
315 S Tracy Sorensen, M Beth PO Box 985 Bozeman MT 59771‐0985 RGH6303 S 5' Lot 6, Lot 7, N 20' Lot 8, Block G, Alderson Add. $ ‐ $ ‐ $ ‐
5 W Koch St Carmel Sky Properties LLC PO Box 5258 Bozeman MT 59717‐5258 RGH6300 Lot 9‐10 & W36' S47' lots 7‐8, Block G, Alderson Add. $ ‐ $ ‐ $ ‐
304 S Tracy South Tracy Limited Liability Company 304 S Tracy Ave Bozeman MT 59715‐4606 RGH3672 Lot 6‐7, Block F, Black Addition $ ‐ $ ‐ $ ‐
308 S Tracy Nute, Robert & Joanna 308 S Tracy Ave Bozeman MT 59715‐4606 RGH2723 Lot 8‐9, Block F, Black Addition $ ‐ $ ‐ $ ‐
Tracy Place Condo CEG LLC 120 Promintory LN Lafayette CA 94549‐2149 RGH3671 Tracy Place Condo Unit 1, S07, T02 S, R06 E $ ‐ $ ‐ $ ‐
318 S Tracy Ave Totten, Charles & Alison 318 S Tracy Ave Bozeman MT 59715‐4606 RGH28035 Lot 13‐14, Block F, Black Addition $ ‐ $ ‐ $ ‐
328 S Tracy Ave Kurowski, Chris 328 S Tracy Ave Bozeman MT 59715‐4730 RGH3087 Lots 16‐17 & N18' Lot 15 & 13' Tract N Lot 17, Black Add $ ‐ $ ‐ $ ‐
404 S Tracy Ave Blue Steel Partners LLC PO Box 1584 Bozeman MT 59771‐1584 RGH3084 Lot 13A, Block G, Plat C‐14‐A, Black Addition $ ‐ $ ‐ $ ‐
412 S Tracy Ave Horswill, Richard & Beatrice 412 S Tracy Ave Bozeman MT 59715‐5276 RGH3395 Lot 11, N 14' Lot 10, Block G, Black Addition $ ‐ $ ‐ $ ‐
416 S Tracy Ave 416 Tracy LLC 428 N 7th Ave Bozeman MT 59715‐3310 RGH6149 Lot 9, S 14' Lot 10, Block G & N21' Lot 20, Block F Hoffman Add. $ ‐ $ ‐ $ ‐
420 S Tracy Ave Ciari Kate Regan Rev Living Trust 420 S Tracy Ave Bozeman MT 59715‐5276 RGH3604 Lot 19, S 10.5' Lot 20, Block F, Hoffman Addition $ ‐ $ ‐ $ ‐
424 S Tracy Ave Talbot, George 424 S Tracy Ave Bozeman MT 59715‐5276 RGH5316 Lot 16A, Block F, Plat C‐16‐F, Hoffman Addition $ ‐ $ ‐ $ ‐
430 S Tracy Ave Kempisty, Brian D 733 S Tracy Ave Bozeman MT 59715‐5323 RGH1124 Lot 15A, Block F, Plat C‐16‐F, Hoffman Addition $ ‐ $ ‐ $ ‐
436 S Tracy Ave Turrentine, Marilou Wilson, David 436 S Tracy Ave #1 Bozeman MT 59715‐5276 RGH2797 Lot 11‐13, Block F, Hoffman Addition $ ‐ $ ‐ $ ‐
401 S Tracy Ave Sheedy, Theodore & Cheryl 233 Alta Vista Dr Bozeman MT 59715‐8106 RGH5492 N 20' Lot 2, Lot 1, Block 1, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
405 S Tracy Ave Comaratta, Mark & Kathleen 405 S Tracy Ave Bozeman MT 59715‐5277 RGH1679 Lot 3, S 10' Lot 2 in SW4, Block 1, Plat C‐3‐G, Fairview Add. $ ‐ $ ‐ $ ‐
407 S Tracy Ave Pocock, Lisa & Matthew 407 S Tracy Ave Bozeman MT 59715‐5277 RGH2202 Lot 4‐5, Block 1, Plat C‐3‐E, Fairview Addition $ ‐ $ ‐ $ ‐
415 S Tracy Ave Bell, William & CHristine 415 S Tracy Ave Bozeman MT 59715‐5277 RGH2204 Lot 7A, Block 1, Plat C‐3‐D, Fairview Addition $ ‐ $ ‐ $ ‐
419 S Tracy Ave Hohne, Richard & Hilary Fetter 408 S Black Ave Bozeman MT 59715‐4804 RGH3797 Lot 8A, Block 1, Plat C‐3‐D, Fairview Addition $ ‐ $ ‐ $ ‐
423 S Tracy Ave Scott, David & Teri 423 S Tracy Ave Bozeman MT 59715‐5277 RGH4868 Lot 9, Lot 10, Block 1, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
501 S Tracy Ave Hodgson, Mark & Christine 501 S Tracy Ave Bozeman MT 59715‐5279 RGH3295 Lot 1, N 20' Lot 2, Block 6, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
505 S Tracy Ave Maxted, Frederick J III Albrecht, Denise R 505 S Tracy Ave Bozeman MT 59715‐5279 RGH5100 Lot 3, S 10' Lot 2 & N 10' Lot 4, Plat C‐3, Block 6, Fairview Add. $ ‐ $ ‐ $
‐
509 S Tracy Ave Malloy, Robert & Denise 30 South St Pittsford NY 14534‐2045 RGH4634 Lot 5, S 20' Lot 4, Block 6, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
513 S Tracy Ave Ward, Margaret 513 S Tracy Ave Bozeman MT 59715‐5279 RGH5686 Lot 6‐7, N1/2 Lot 8, Block 6, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
519 S Tracy Ave Strich‐Westphal, Pamela 519 S Tracy Ave Bozeman MT 59715‐5279 RGH6223 Lot 9‐10, S1/2 Lot 8, Block 6, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
601 S Tracy Ave Carpenter, Scott Turner, Barbara PO Box 121 El Portal CA 95318‐0121 RGH1426 Lot 1‐2, Block 7, Plat C‐3, Fairview Additon $ ‐ $ ‐ $ ‐
607 S Tracy Ave Donaghy Family Bypass Trust 1604 Briarwood Dr Jonesboro AR 72401‐4631 RGH2395 Lot 3‐4, Block 7, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
611 S Tracy Ave Kathy Elliott Trust 105 Bosenberry Dr Garland TX 75044‐2650 RGH5226 Lot 5, N 22.5' Lot 6, Block 7, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
615 S Tracy Ave Meier, Albert & Martha Mathia Ellis 615 S Tracy Ave Bozeman MT 59715‐5321 RGH5040 Lot 7, S 7.5' Lot 6, N1/2 Lot 8, Block 7, Plat C‐3, Fairview Add. $ ‐ $ ‐ $ ‐
619 S Tracy Ave Bond, Aaron 619 S Tracy Ave Bozeman MT 59715‐5321 RGH3986 Lot 9‐10, S1/2 Lot 8, Block 7, Plat C‐3, Fairview Add. $ ‐ $ ‐ $ ‐
705 S Tracy Ave Evans, Andrea & Dane 705 S Tracy Ave Bozeman MT 59715 RGH3891 Lot 11‐12, Block 7, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
709 S Tracy Ave Wirth, Jonathan & Jennifer 709 S Tracy Ave Bozeman MT 59715‐5323 RGH4379 Lot 13‐14, N 10' Lot 15, Bock 7, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
717 S Tracy Ave Rutherford, William 717 S Tracy Ave Bozeman MT 59715‐5323 RGH4318 Lot 16‐17, S 20' Lot 15, Block 7, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
721 S Tracy Ave Weaver, David & Jill PO Box 335 Bozeman MT 59771‐0335 RGH4369 Lot 18‐19, Block 7, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
725 S Tracy Ave Elhard, Ellen 725 S Tracy Ave Bozeman MT 59715‐5323 RGH3515 Lot 20‐21, Block 7, Plat C‐3, Fairview Addition $ ‐ $ ‐ $ ‐
733 S Tracy Ave Kempisty, Brian D 733 S Tracy Ave Bozeman MT 59715‐5323 RGH51109 Lot B, in SW4, Block 7, Plat C‐3C, Fairview Addition $ ‐ $ ‐ $ ‐
502 S Tracy Ave Bossenbrook, Mark 502 S Tracy Ave Bozeman MT 59715‐5278 RGH5131 Lot 33‐34, Block E, Plat C‐16, Hoffman Addition $ ‐ $ ‐ $ ‐
508 S Tracy Ave Bozeman School District #7 PO Box 520 Bozeman MT 59771‐0520 RGH33780 Lot 17‐29 & vac street, Block E, Hoffman Addition $ ‐ $ ‐ $ ‐
706 S Tracy Ave Anton Revocable Family Trust 414 Hodgeman Canyon Bozeman MT 59718‐7321 RGH3218 Lot 31, W 117' Lot 32, Block G, Hoffman Addition $ ‐ $ ‐ $ ‐
712 S Tracy Ave Lange, Eric & Connie 712 S Tracy Ave Bozeman MT 59715‐5324 RGH5070 Lot 29‐30, N1/2 Lot 28, Block G, Hoffman Addition $ ‐ $ ‐ $ ‐
716 S Tracy Ave Shellenberg, Kathryn 716 S Tracy Ave Bozeman MT 59715‐5324 RGH3760 Lot 26‐27, S1/2 Lot 28, Block G, Hoffman Addition $ ‐ $ ‐ $ ‐
720 S Tracy Ave Raffensperger, Dennis & Marilyn 720 S Tracy Ave Bozeman MT 59715‐5324 RGH2867 Lot 24‐25, Pt of S Tracy, Block G, Hoffman Addition $ ‐ $ ‐ $ ‐
724 S Tracy Ave Tillack, Peter & Noriko 724 S Tracy Ave Bozeman MT 59715‐5324 RGH6616 Lot 22‐23, Block G, Plat C‐16, Hoffman Addition $ ‐ $ ‐ $ ‐
728 S Tracy Ave Boyle, Robert & Christana 1315 N Murray Ln Liberty Lake WA 99019‐8567 RGH4886 S 16.82' & N 15.88' Lots 20 & 21 & adj St, Block G, Hoffman Add. $ ‐ $ ‐ $ ‐
732 S Tracy Ave Dimitrelos, Konstantinos & Jennifer 732 S Tracy Ave Bozeman MT 59715‐5324 RGH6143 Lot 18‐19, Block G, Hoffman Addition $ ‐ $ ‐ $ ‐
EXHIBIT C
Assessable Lot Total 2017
Property Address Property Owner Property Owner 2 Mailing Address City State Zip Code Frontage ‐ LF Assessment Amount Market Value
S. Tracy/Olive St James Parish Barbara Lyons 5 Mallard Ln Bozeman MT 59718‐9445 135 $ 6,393.05 $ 300,760.00
211 S Tracy Crawford, Kathleen A 211 S Tracy Ave Bozeman MT 59715‐4603 45 $ 2,131.02 $ 355,829.00
217 S Tracy Clingner, Doughlas & Cynthia 217 S Tracy Ave Bozeman MT 59715‐4603 60 $ 2,841.36 $ 428,800.00
221 S Tracy Charlie Management LLC 850 NE 5th Ave Boca Raton FL 33432‐2930 60 $ 2,841.36 $ 802,644.00
202‐208 S Tracy Piva, Orlando, Gary & Sandra 128 S 5th St E Missoula MT 59801‐2720 90 $ 4,262.03 $ 456,600.00
212 S Tracy Smith, Theila Revocable Trust Culbertson, Barry Revocable Trust 212 S Tracy Ave Bozeman MT 59715‐4604 60 $ 2,841.36 $ 392,200.00
216 S Tracy City of Bozeman PO Box 1230 Bozeman MT 59715 90 $ 4,262.03 $ 332,914.00
222 S Tracy Lee, Barbara 222 S Tracy Ave Bozeman MT 59715 60 $ 2,841.36 $ 405,100.00
303 S Tracy Harris, Nicholas Dawood Andleeb Rev Living Trust 303 S Tracy Ave Bozeman MT 59715‐4605 60 $ 2,841.36 $ 540,200.00
307‐309 S Tracy Beall, Sharon L 307 S Tracy Ave Bozeman MT 59715‐4605 60 $ 2,841.36 $ 374,300.00
311 S Tracy Lavin, Matthew & Kristi 311 S Tracy Ave Bozeman MT 59715‐4605 55 $ 2,604.58 $ 387,600.00
315 S Tracy Sorensen, M Beth PO Box 985 Bozeman MT 59771‐0985 55 $ 2,604.58 $ 546,200.00
5 W Koch St Carmel Sky Properties LLC PO Box 5258 Bozeman MT 59717‐5258 70 $ 3,314.91 $ 521,500.00
304 S Tracy South Tracy Limited Liability Company 304 S Tracy Ave Bozeman MT 59715‐4606 56 $ 2,651.93 $ 565,700.00
308 S Tracy Nute, Robert & Joanna 308 S Tracy Ave Bozeman MT 59715‐4606 66.2 $ 3,134.96 $ 390,049.00
Tracy Place Condo CEG LLC 120 Promintory LN Lafayette CA 94549‐2149 73.83 $ 3,496.29 $ 209,100.00
318 S Tracy Ave Totten, Charles & Alison 318 S Tracy Ave Bozeman MT 59715‐4606 69 $ 3,267.56 $ 470,940.00
328 S Tracy Ave Kurowski, Chris 328 S Tracy Ave Bozeman MT 59715‐4730 87 $ 4,119.97 $ 667,452.00
404 S Tracy Ave Blue Steel Partners LLC PO Box 1584 Bozeman MT 59771‐1584 94.04 $ 4,453.35 $ 447,629.00
412 S Tracy Ave Horswill, Richard & Beatrice 412 S Tracy Ave Bozeman MT 59715‐5276 42 $ 1,988.95 $ 400,700.00
416 S Tracy Ave 416 Tracy LLC 428 N 7th Ave Bozeman MT 59715‐3310 42 $ 1,988.95 $ 361,900.00
420 S Tracy Ave Ciari Kate Regan Rev Living Trust 420 S Tracy Ave Bozeman MT 59715‐5276 42 $ 1,988.95 $ 469,937.00
424 S Tracy Ave Talbot, George 424 S Tracy Ave Bozeman MT 59715‐5276 71.45 $ 3,383.58 $ 926,800.00
430 S Tracy Ave Kempisty, Brian D 733 S Tracy Ave Bozeman MT 59715‐5323 53.46 $ 2,531.65 $ 199,162.00
436 S Tracy Ave Turrentine, Marilou Wilson, David 436 S Tracy Ave #1 Bozeman MT 59715‐5276 74.95 $ 3,549.33 $ 430,500.00
401 S Tracy Ave Sheedy, Theodore & Cheryl 233 Alta Vista Dr Bozeman MT 59715‐8106 50.14 $ 2,374.43 $ 658,200.00
405 S Tracy Ave Comaratta, Mark & Kathleen 405 S Tracy Ave Bozeman MT 59715‐5277 40.27 $ 1,907.02 $ 838,334.00
407 S Tracy Ave Pocock, Lisa & Matthew 407 S Tracy Ave Bozeman MT 59715‐5277 60.28 $ 2,854.62 $ 574,800.00
415 S Tracy Ave Bell, William & CHristine 415 S Tracy Ave Bozeman MT 59715‐5277 50.2 $ 2,377.27 $ 354,500.00
419 S Tracy Ave Hohne, Richard & Hilary Fetter 408 S Black Ave Bozeman MT 59715‐4804 50.1 $ 2,372.53 $ 350,000.00
423 S Tracy Ave Scott, David & Teri 423 S Tracy Ave Bozeman MT 59715‐5277 50 $ 2,367.80 $ 501,010.00
501 S Tracy Ave Hodgson, Mark & Christine 501 S Tracy Ave Bozeman MT 59715‐5279 50 $ 2,367.80 $ 690,340.00
505 S Tracy Ave Maxted, Frederick J III Albrecht, Denise R 505 S Tracy Ave Bozeman MT 59715‐5279 50 $ 2,367.80 $ 521,900.00
509 S Tracy Ave Malloy, Robert & Denise 30 South St Pittsford NY 14534‐2045 50 $ 2,367.80 $ 717,500.00
513 S Tracy Ave Ward, Margaret 513 S Tracy Ave Bozeman MT 59715‐5279 75 $ 3,551.69 $ 654,700.00
519 S Tracy Ave Strich‐Westphal, Pamela 519 S Tracy Ave Bozeman MT 59715‐5279 75 $ 3,551.69 $ 582,193.00
601 S Tracy Ave Carpenter, Scott Turner, Barbara PO Box 121 El Portal CA 95318‐0121 60 $ 2,841.36 $ 684,400.00
607 S Tracy Ave Donaghy Family Bypass Trust 1604 Briarwood Dr Jonesboro AR 72401‐4631 60 $ 2,841.36 $ 457,300.00
611 S Tracy Ave Kathy Elliott Trust 105 Bosenberry Dr Garland TX 75044‐2650 52.5 $ 2,486.19 $ 494,500.00
615 S Tracy Ave Meier, Albert & Martha Mathia Ellis 615 S Tracy Ave Bozeman MT 59715‐5321 52.5 $ 2,486.19 $ 613,800.00
619 S Tracy Ave Bond, Aaron 619 S Tracy Ave Bozeman MT 59715‐5321 75 $ 3,551.69 $ 462,000.00
705 S Tracy Ave Evans, Andrea & Dane 705 S Tracy Ave Bozeman MT 59715 60 $ 2,841.36 $ 528,700.00
709 S Tracy Ave Wirth, Jonathan & Jennifer 709 S Tracy Ave Bozeman MT 59715‐5323 60 $ 2,841.36 $ 375,100.00
717 S Tracy Ave Rutherford, William 717 S Tracy Ave Bozeman MT 59715‐5323 70 $ 3,314.91 $ 588,600.00
721 S Tracy Ave Weaver, David & Jill PO Box 335 Bozeman MT 59771‐0335 60 $ 2,841.36 $ 622,100.00
725 S Tracy Ave Elhard, Ellen 725 S Tracy Ave Bozeman MT 59715‐5323 60 $ 2,841.36 $ 462,200.00
733 S Tracy Ave Kempisty, Brian D 733 S Tracy Ave Bozeman MT 59715‐5323 78.14 $ 3,700.39 $ 549,100.00
502 S Tracy Ave Bossenbrook, Mark 502 S Tracy Ave Bozeman MT 59715‐5278 50 $ 2,367.80 $ 420,800.00
508 S Tracy Ave Bozeman School District #7 PO Box 520 Bozeman MT 59771‐0520 510 $ 24,151.52 $ 1,011,952.00
706 S Tracy Ave Anton Revocable Family Trust 414 Hodgeman Canyon Bozeman MT 59718‐7321 50 $ 2,367.80 $ 339,400.00
712 S Tracy Ave Lange, Eric & Connie 712 S Tracy Ave Bozeman MT 59715‐5324 62.5 $ 2,959.75 $ 390,600.00
716 S Tracy Ave Shellenberg, Kathryn 716 S Tracy Ave Bozeman MT 59715‐5324 62.5 $ 2,959.75 $ 363,700.00
720 S Tracy Ave Raffensperger, Dennis & Marilyn 720 S Tracy Ave Bozeman MT 59715‐5324 50 $ 2,367.80 $ 728,800.00
724 S Tracy Ave Tillack, Peter & Noriko 724 S Tracy Ave Bozeman MT 59715‐5324 50 $ 2,367.80 $ 436,900.00
728 S Tracy Ave Boyle, Robert & Christana 1315 N Murray Ln Liberty Lake WA 99019‐8567 50 $ 2,367.80 $ 330,000.00
732 S Tracy Ave Dimitrelos, Konstantinos & Jennifer 732 S Tracy Ave Bozeman MT 59715‐5324 50 $ 2,367.80 $ 688,000.00
801 S Tracy Ave Winkelman, Brandt 801 S Tracy Ave Bozeman MT 59715‐5325 55 $ 2,604.58 $ 384,100.00
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January 26, 2018
[insert address]
RE: Notice of passage of resolution of intent to create the Special Improvement District 741, notice of right
to protest, notice of resolution for tax levy, and notice of public hearing on Monday, February 26, 2018
Dear Property Owner:
Special Improvement District 741
On Monday, February 26, 2018 at 6:00 pm in the Commission Room at Bozeman City Hall, the Bozeman City
Commission (“Commission”) will hold a public hearing to consider written protests to the formation of the Special
Improvement District 741 to fund street reconstruction improvements to South Tracy Avenue between Olive Street and
one half block south of Harrison Street. You are being mailed this letter and the accompanying Notice and forms because
you are considered an owner of real property within the proposed district.
At a public hearing on January 22, 2018, the Commission adopted Resolution 4867, a resolution of intent to create Special
Improvement District 741 (the “District”). Attached to this letter you will find a copy of the notice of passage of
Resolution 4867. Resolution 4867 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, 2018 Resolutions, and by clicking on Resolution No. 4867.
The District, if created, will comprise the area shown on Exhibit A of Resolution 4867 (attached) and will be for the
purpose of constructing street and storm drainage improvements to South Tracy Avenue between Olive Street and one
half block south of Harrison Street.
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). If created, Resolution 4879 levying the assessment will be considered for adoption on
Monday, February 26, 2018 at 6:00 pm in the Commission Room at Bozeman City Hall and you will have an opportunity
to object to the adoption of Resolution 4879 at that public hearing. A copy of Resolution 4879 is on file and subject to
inspection in the City Clerk’s office.
Owners of property have 15 days from January 28, 2018 to make a written protest against the creation of the District.
Attached you will find a protest form owners of real property may use to support or protest the creation of the District.
Instructions are provided on the form.
At the February 26, 2018 public hearing on creation of the District, the City Commission will accept public comment and
consider all valid written protests submitted prior to the established deadline of 5:00pm on Monday, February 12, 2018.
At the February 26, 2018 public hearing on the levy of the special assessment, the City Commission will hear and
consider public comment and any objections to the levy. For more information on the creation of the District please
contact Project Engineer Kellen Gamradt at 582-2283.
Sincerely,
Robin Crough
Bozeman City Clerk
Enc. Notice of Passage of Resolution 4867
Protest Forms
Exhibit A - SID Boundary Map
117
Exhibit C - SID Assessment Amounts by parcel
Exhibit D – Engineer’s Estimate of Improvements
118
Exhibit E
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT
DISTRICT NO. 741 AND
NOTICE OF RESOLUTION FOR TAX LEVY
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on January 22, 2018 the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted Resolution 4867, a
Resolution of Intention to create Special Improvement District No. 741 (the “District”) for the
purpose of undertaking certain local improvements on South Tracy Avenue between Olive Street
and one half block south of Harrison Street and financing the costs thereof and incidental thereto
through a loan to the District from the City’s special improvement district revolving fund. If
created, the Commission intends to levy a special assessment upon all benefitted property in the
District as described in Resolution 4867.
A complete copy of Resolution No. 4867 is on file with the Bozeman City Clerk. Resolution
4867 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. A complete
copy of Resolution No. 4879, A Resolution of the City Commission of the City of Bozeman to
Levy a Special Assessment Upon All Benefitted Property in Special Improvement District 741,
is also on file with the Bozeman City Clerk. The Resolutions 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 South Tracy Avenue between
Olive Street and one half block south of Harrison Street, including: repaving the road,
replacement of curbing, installation of storm drainage improvements and pedestrian ramps, as
more particularly described in Section 5 of Resolution 4867 (the “Improvements”). The total
estimated costs of the Improvements is $1,528,000; however, the City has committed $1,298,800
from the City’s Street Maintenance District to reduce the costs to the District, leaving $229,200
of the costs of the Improvements, 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 $230,200. 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 district 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 $230,200 from the City’s special improvement
119
Exhibit E
district revolving 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
(street frontage assessment method) to reimburse the special improvement district revolving loan
fund in an amount to equal the principal of the loan of $230,200 plus interest at approximately
1.5% annually.
On Monday, February 26th, 2018, 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 Resolution 4867 creating the District and pass upon all
written protests against the creation of the District, or the Improvements. If the District is
created, the City Commission will then conduct a public hearing on adoption of Resolution
4879 levying a special assessment on property benefitted by SID 741, at which time
objections to the adoption of Resolution 4879 will be heard.
Written protests against the creation of District 741 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, February 12, 2018.
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: January 23, 2018
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
Robin Crough, CMC
City Clerk
Legal Ad
Publication Dates: Sunday January 28 & February 4th, 2018
120
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 29th day of January,
2018, a copy of the Notice of Passage of Resolution 4867 (A resolution of intent to create the
South Tracy Avenue SID (SID No. 741) to owners of real property located in Special
Improvement District No. 741, as those properties are listed in Exhibit "C" of Resolution 4867,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Robin Crough
City Clerk
Subscribed and sworn to before me this ___ day of January, 2018.
(Notarial Seal)
_______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: __________
121
City of Bozeman
Special Improvement District Creation
Protest/Support Form
Information & Instructions
The City of Bozeman provides this form to owners of real property for purposes of official protest against
the creation of Special Improvement District No. 741 (financing improvements to South Tracy Avenue
between Olive Street and one half block south of Harrison Street).
SPECIAL IMPROVEMENT DISTRICT (SID) CREATION AND PROTEST
A Special Improvement District (SID) is created by administrative action of the Bozeman City
Commission. The City Commission’s authority to create a SID and the purposes for which a SID may be
created are provided for in Title 7, chapter 12, parts 41 and 42, Montana Code Annotated. To create a
SID, the City Commission must first adopt a resolution of intent. If the Commission adopts the resolution
of intent the City Clerk will then mail a copy of the Notice of Passage of the Resolution of Intent to create
the SID to property owners within the proposed SID. At the same time, the City Clerk will publish the
Notice of Passage of the Resolution of Intent in a local newspaper. Owners of property liable to be
assessed for the cost of the improvements under the SID may protest its creation pursuant to 7‐12‐4110,
MCA. The protest period begins after the date of the first publication of the notice of the passage of the
resolution of intent.
OFFICIAL PROTEST PERIOD
The protest period for the creation of Special Improvement District No. 741 begins January 28, 2018 and
ends at 5 p.m. on Monday, February 12, 2018. Official protests must be signed; therefore, the City will
not count emails or telephone calls as formal protest.
INSTRUCTIONS TO PROTEST OR SUPPORT THE DISTRICT
In order to be counted as the official protest, protests against the district must be:
Signed by all the record owners of fee simple title to the property;
Identify the property in the district owned by the protestor; and
Be submitted in writing to the Bozeman City Clerk no later than February 12th, at 5 p.m.
Mountain Standard Time.
For purposes of protesting a SID, an “Owner” means as of the date a protest is filed, the record owner of
fee simple title to the property or a contract buyer on file in the records of the Gallatin County Clerk and
Recorder. The term “owner” does not include a tenant of or other holder of a leasehold interest in the
property. If you are unsure about who is listed on the deed to your property, Gallatin County has
property ownership records and can be contacted at www.gallatin.mt.gov.
You are not required to return the form if you support creation of the SID.
122
A protest/support form is enclosed for your convenience. The form contains separate parts for different
types of ownership. Only one form need be completed per property:
Part 1. To be completed for property owned by individuals.
Part 2. To be completed for property owned by corporations, trusts, LLC’s, or other entities.
Part 3. To be completed for property designated as condominium.
If you are interested in protesting, please complete the part(s) that apply to your particular ownership. If
you own multiple properties, please use a separate form for each property.
PLEASE MAIL THE COMPLETED FORM TO:
City of Bozeman
C/O City Clerk Office
P.O. Box 1230
121 North Rouse Avenue
Bozeman, MT 59771‐1230
Alternately, property owner(s) may sign the completed form, scan it and e‐mail it to
agenda@bozeman.net.
EFFECT OF PROTEST
Pursuant to 7‐12‐4113, MCA, the City Commission may not take further action on the proposed district
for a period of six (6) months if the City receives validated protests from the owners of property in the
proposed district to be assessed for more than 50% of the cost of the proposed work, in accordance with
the methods of assessment described in the resolution of intent.
123
City of Bozeman
Special Improvement District Creation
Protest/Support Form
PART 1 ‐ Property owned by individuals, please complete this section.
Property address or legal description:
I/We the undersigned owner(s) of property described above want to:
(check one) Protest Support
the creation of Special Improvement District No. 741 proposed to be established for the purpose of
financing local improvements to South Tracy Avenue between Olive Street and one half block south of
Harrison Street.
Signature: Printed Name: Date:
Signature: Printed Name: Date:
Signature: Printed Name: Date:
Signature: Printed Name: Date:
FOR CITY CLERK’S OFFICE USE ONLY
Protest/Support Form received by City Clerk on _____/______/2018 at _____:____ AM/PM.
124
PART 2 ‐ Property owned by corporations, LLC, trusts or other organizations please
complete this section.
Entity/Owner Name:
Property address or legal description:
I/We the undersigned as legally authorized representative(s) of the organization that owns the above
listed property want to
(check one) Protest Support
the creation of Special Improvement District No. 741 proposed to be established for the purpose of
financing local improvements to South Tracy Avenue between Olive Street and one half block south of
Harrison Street.
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
FOR CITY CLERK’S OFFICE USE ONLY
Protest/Support Form received by City Clerk on _____/______/2018 at _____:____ AM/PM
125
PART 3 ‐ Property owned as a condominium.
A special note for condominium owners: An owner of property created as a condominium may protest the creation of the district only
through the president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the City Clerk
the following information:
(a) a written identification of the condominium property
(b) the condominium declaration or other condominium document that shows how votes of unit owners in the condominium are
calculated; (attach the declaration to this form)
(c) original signatures of owners of units in the condominium having an undivided ownership interest in the common elements of the
condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under the condominium
declaration; and
(d) a certificate signed by the president, vice president, secretary, or treasurer of the condominium owners' association certifying that the
votes of the unit owners, as evidenced by the signatures of the owners, are sufficient to constitute an affirmative vote of the
condominium owners' association to protest against the creation of the district and its improvements.
PART 3 ‐ Property owned as part of a condominium, please complete this section.
Name of condominium:
Street address or legal description of condominium:
We the undersigned owners have an undivided ownership interest in the common elements of the above
named condominium present the following original signatures to the Bozeman City Commission indicating our
protest of the creation of Special Improvement District No. 741 in the City of Bozeman for improvements to
South Tracy Avenue between Olive Street and one half block south of Harrison Street.
Condo owner
signature:
Printed Name: Property address: (Check one)
__ Protest
__ Support
Date:
Condo owner
signature:
Printed Name: Property address: (Check one)
__ Protest
__ Support
Date:
Condo owner
signature:
Printed Name: Property address: (Check one)
__ Protest
__ Support
Date:
Certificate of Condominium Officer
I certify that the above listed signatures of the owners having an undivided ownership interest in the
common elements of the condominium sufficient to constitute an affirmative vote for an undertaking
relating to the common elements under our condominium declaration hereby
(check one) __ Protest __ Support
the creation of Special Improvement District No. 741 proposed to be established for the purpose of
financing local improvements to South Tracy Avenue between Olive Street and one half block south
of Harrison Street.
Signature of condo officer:
Title:
FOR CITY CLERK’S OFFICE USE ONLY
Received by City Clerk on _____/______/2018 at _____:____ AM/PM.
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807 S Tracy Ave Kozicki, David & Rachelle 807 S Tracy Ave Bozeman MT 59715‐5325 62.5 $ 2,959.75 $ 425,900.00
811 S Tracy Ave Koopman, Roger & J Ann 811 S Tracy Ave Bozeman MT 59715‐5325 50 $ 2,367.80 $ 369,000.00
815 S Tracy Ave Goldman, Jennifer PO Box 6642 Bozeman MT 59771‐6642 62.5 $ 2,959.75 $ 374,800.00
821 S Tracy Ave Patencio, Alycia 821 S Tracy Ave Bozeman MT 59715‐5325 50 $ 2,367.80 $ 453,600.00
825 S Tracy Ave Olsen, William 175 S Va Lucia Alamo CA 94507‐1834 50 $ 2,367.80 $ 382,700.00
802 S Tracy Ave Davant, John & Roxanna 802 S Tracy Ave Bozeman MT 59715‐5326 55 $ 2,604.58 $ 376,500.00
806 S Tracy Ave Henning Family Living Trust 806 S Tracy Ave Bozeman MT 59715‐5326 50 $ 2,367.80 $ 412,000.00
810 S Tracy Ave Barton, John & Karen 810 S Tracy Ave Bozeman MT 59715‐5326 50 $ 2,367.80 $ 434,300.00
814 S Tracy Ave Thompson, James & Victoria 814 S Tracy Ave Bozeman MT 59715‐5326 50 $ 2,367.80 $ 348,100.00
820 S Tracy Ave Warthin 2013 Trust PO Box 401 Yellowstone NaWY 82190‐0401 40 $ 1,894.24 $ 428,300.00
822 S Tracy Ave Benincasa, Dominic 822 S Tracy Ave Bozeman MT 59715‐5326 40 $ 1,894.24 $ 345,300.00
824 S Tracy Ave Barker, Eric Roche, Eleanor 824 S Tracy Ave Bozeman MT 59715‐5326 50 $ 2,367.80 $ 344,600.00
8 W Harrison St Taylor, Carson & Deborah 8 W Harrison St Bozeman MT 59715‐5336 150 $ 7,103.39 $ 617,891.00
908 S Tracy Ave Mary Rauch Investments LLC PO Box 1794 Bozeman MT 59771‐1794 150 $ 7,103.39 $ 2,434,800.00
TOTALS 4861.06 $ 230,200.00 $ 36,507,836.00
Total Assessment $ 230,200.00
Assessment / foot of Frontage $ 47.36
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801 S Tracy Ave Winkelman, Brandt 801 S Tracy Ave Bozeman MT 59715‐5325 RGH6651 Lot 1‐2, Block 2, Butte Addition $ ‐ $ ‐ $ ‐
807 S Tracy Ave Kozicki, David & Rachelle 807 S Tracy Ave Bozeman MT 59715‐5325 RGH4545 Lot 3‐4, N1/2 Lot 5, Block 2, Butte Addition $ ‐ $ ‐ $ ‐
811 S Tracy Ave Koopman, Roger & J Ann 811 S Tracy Ave Bozeman MT 59715‐5325 RGH3915 S1/2 Lot 5, N1/2 Lot 7, Lot 6, Block 2, Butte Addition $ ‐ $ ‐ $ ‐
815 S Tracy Ave Goldman, Jennifer PO Box 6642 Bozeman MT 59771‐6642 RGH1589 Lot 8‐9, S1/2 Lot 7, Block 2, Butte Addition $ ‐ $ ‐ $ ‐
821 S Tracy Ave Patencio, Alycia 821 S Tracy Ave Bozeman MT 59715‐5325 RGH1987 Lot 10‐11, Block 2, Butte Addition $ ‐ $ ‐ $ ‐
825 S Tracy Ave Olsen, William 175 S Va Lucia Alamo CA 94507‐1834 RGH5064 Lot 12‐13, Block 2, Butte Addition $ ‐ $ ‐ $ ‐
802 S Tracy Ave Davant, John & Roxanna 802 S Tracy Ave Bozeman MT 59715‐5326 RGH2193 Lot 1, N 20' Lot 2, Block 1, Butte Addition $ ‐ $ ‐ $ ‐
806 S Tracy Ave Henning Family Living Trust 806 S Tracy Ave Bozeman MT 59715‐5326 RGH5090 Lot 3‐4, S 5' Lot 2, Block 1, Plat C‐35, Butte Addition $ ‐ $ ‐ $ ‐
810 S Tracy Ave Barton, John & Karen 810 S Tracy Ave Bozeman MT 59715‐5326 RGH3228 Lot 5, S 5' Lot 4 & N 20' Lot 6, Block 1, Butte Addition $ ‐ $ ‐ $ ‐
814 S Tracy Ave Thompson, James & Victoria 814 S Tracy Ave Bozeman MT 59715‐5326 RGH5953 Lot 7, S 5' Lot 6 & N 15' Lot 8, Block 1, Butte Addition $ ‐ $ ‐ $ ‐
820 S Tracy Ave Warthin 2013 Trust PO Box 401 Yellowstone NaWY 82190‐0401 RGH5441 Lot 9, S 10' Lot 8, N 10' Lot 10, Block 1, Plat C‐35, Butte Add. $ ‐ $ ‐ $ ‐
822 S Tracy Ave Benincasa, Dominic 822 S Tracy Ave Bozeman MT 59715‐5326 RGH5443 Lot 11, S 15' Lot 10, Block 1, Butte Addition $ ‐ $ ‐ $ ‐
824 S Tracy Ave Barker, Eric Roche, Eleanor 824 S Tracy Ave Bozeman MT 59715‐5326 RGH2376 Lot 12‐13, Block 1, Butte Addition $ ‐ $ ‐ $ ‐
8 W Harrison St Taylor, Carson & Deborah 8 W Harrison St Bozeman MT 59715‐5336 RGH5293 Lot 1‐6, Block 7, Butte Addition $ ‐ $ ‐ $ ‐
908 S Tracy Ave Mary Rauch Investments LLC PO Box 1794 Bozeman MT 59771‐1794 RGH2063 Lot 20‐21, Block 7, Butte Addition $ ‐ $ ‐ $ ‐
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