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HomeMy WebLinkAboutResolution 4867 Intent to Create SID 741, 2018 Street Reconstruction Project, South Tracy Avenue 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 Page 1 of 8 Resolution 4867, Resolution of Intent to Creale S1D 741 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 in Page 2 of 8 Resolution 4867, Resolution of Intent to Create SID 741 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 PropertX. 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 Page 3 of 8 Resolution 4867, Resolution of Intent to Crenle SID 741 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. Page 4 of 8 Resolution 4867,Resolution oflntent to Create SID 741 7.3. Assessment Methodology quitable 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. The 2017 taxable market value of the lots, parcels or tracts in the District, as shown on the rolls of the Montana Page 5 of 8 Resolution 4867, Resolution gI'Intent to Create VD 741 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 Page 6 of 8 Resolution 4867,Resolution oflntent to Create SID 741 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. Page 7 of 8 Resolution 4867, Resolution oflntent to Create SID 741 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,Montana, at a regular session thereof held on the 22nd d anuary, 2018. YN D US Mayor ATTEST: "" ' 2 . rxvl� ROBIN CROUGH City Clerk 188' y' 1 • H. N APPROVED AS TO FORM: /�/7;4�/S/ GR&SULLIVAN City Attorney Page 8 of 8 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the "City"), hereby certify that the attached resolution is a true copy of Resolution No. 4867,entitled: "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." (the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on January 22, 2018, and that the meeting was duly held by the City Commission and was attended throughout by a quorum,pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: t6Wor— ptoaUS .!7Mjrt1 MiAm =hAttVL "21 AA-,S, 'wKM1to �N-ttM ; voted against the same: abstained from voting thereon:_; or were absent: WITNESS my hand officially this 23rd day of January, 2018. B 02'', ;,of• " • .�' Robin Crough City Clerk City of Bozeman �8,83 «" � BOZ E MAN MT City Clerk January 26, 2018 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, via Resolution 4868, 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: 1 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 Resolution 4868 is adopted and the District is 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. 121 North Rouse Aveiiue P.O. Box 1230 o • ' TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZE MAN MT City Clerk 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 5:00 pm 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, ® B O� Ake ° Robin Crough City Clerk ���♦° 883 City of Bozeman IN Cp. 1� Enc. Notice of Passage of Resolution 4867 Protest Forms Exhibit A-SID Boundary Map Exhibit C-SID Assessment Amounts by parcel Exhibit D-Engineer's Estimate of Improvements O121 North Rouse © P.O. Box 1230 Bozeman, • 1 Q 16 © 41. : •• • TDD: 406-582-2301 THE MOST LIVABLE PLACE. 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 benefited 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. 4868, A Resolution of the City Commission of the City of Bozeman to Create Special Improvement District 741 for the Purpose of Undertaking Certain Local Improvements to South Tracy Avenue between Olive Street and One Half Block South of Harrison Street, and Resolution No. 4879, A Resolution of the City Commission of the City of Bozeman to Levy a Special Assessment Upon All Benefited 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 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 26t', 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 4868 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 benefited 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 this 23rd day of January, 2018. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA. , , . . , Robin trough City Clerk City of Bozeman off• 1883 Legal Ad Publication Dates: Sunday, January 28, 2018 Sunday, February 4, 2018 AFFIDAVIT OF MAILING COMMISSION RESOLUTION NO. 4867 Resolution of Intent to create SID no. 741 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. STATE OF MONTANA ) : ss County of Gallatin ) Robin Crough,Bozeman City Clerk, being first duly sworn, says: That I caused to be mailed first class,on the 20h 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". �pF Bo Robin Crough City Clerk --�� •,t 1883 Subscribed and sworn to before me this 26th day of January, 2018. " al. S f ENDA SWEENEY tp . Notary Public 1 a me'NOTARI.4 �;for the state of MontanaZ. Residing at: Printed name .SEAL.�Q; Bozeman, Montana my co issio2,of s s Notary Public for the State of Monta a Residing at Bozeman,Montana My Commission expires: 10,41. 2bi 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. 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. 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. 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 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 Printed Name: Property address: (Check one) Date: signature: Protest _Support Condo owner Printed Name: Property address: (Check one) Date: signature: _Protest _Support Condo owner Printed Name: Property address: (Check one) Date: signature: Protest Support 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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"ram t I ..-__ ___ ,d - J - iFF IW, i r E DICKERSON ST - L 6m,' •. t .f�•`3 1 nd ' A 'W N W AL'DERSO ._. � 0 W COLLEGE ST E COLLEGE ST - " W HARRISON ST a _ r _ E HARRISON ST ab \ LU • • --Y �� ��-,. ice•. -"s � 3 , ��(' + V - r _ Wit EXHIBIT C Assessable LotKAsuses-sment 2017 Property Address Property0tyner Property Owner Mailing Address City State Zlp Code Frontage-LFount MarketValue STracy/Olive Stlames Parish Barbara Lyons 5 Mallard Ln Bozeman MT 59718-9445 US393.05 $ 300,760.00 211STracy Crawford,Kathleen A 211 S Tracy Ave Bozeman MT 59715-4603 45131.02 $ 355,829.00 217STracy Clingner,Doughlas&Cynthia 217 S Tracy Ave Bozeman MT 59715-4603 60941.36 $ 428,800.00 221STracy Charlie Management LLC 950 NE Sth Ave Boca Raton FL 33432.2930 60841.36 $ 802,644.00 202-208STracy Piva,Orlando,Gary& Sandra 128S Sth StE Missoula MT 59901-2720 90262.03 $ 456,600.00 212STncv Smith,Thella Revocable Trust Culbertson,Barry Revocable Trust 212 S Tracy Ave Bozeman MT 59715-4604 60841.36 $ 392,200.00 216STracy City of Bozeman PO Box 1230 Bozeman MT 59715 90 $ 4,262.03 $ 332,914.00 222 S Tracy Lee,Barbara 222 STraN Ave Bozeman MT 59715 60$ 2,941.36 $ 405,100.00 3035Tracy Harris,Nicholas Dawood Andleeb Rev Living Trust 303 S Tracy Ave Bozeman MT 59715-4605 60$ 2,941.36 $ 540,200.00 307-309STracy Beall,Sharon 307 S Tracy Ave Bozeman MT 59715-4605 60$ 2,841.36 $ 374,300.00 3115Tracy Lavin,Matthew&Kristi 311 S Tracy Ave Bozeman MT 59715-4605 55 $ 2,604.58 $ 387,600.00 3155Tracy Sorensen,M Beth PO Box 995 Bozeman MT 59771-0985 55 $ 2.604.58 $ 546,200.00 SW Koch St Carmel Sky Properties LLC PO Box 5258 Bozeman MT 59717-5258 70$ 3,314.91 $ 521,500.00 304STacy South Tracy Limited Liability Company 3045Tracy Ave Bozeman MT 59715-4606 56 $ 2,651.93 $ 565,700.00 308 S Tracy Nute,Robert&Joanna 308STracy Ave Bozeman MT 59715-4606 66.2 $ 3,134.96 $ 390,049.D0 Tracy Place Condo CEG LLC 120 Promintory LN Lafayette CA 94549-2149 73.93 $ 3,496.29 $ 209,100.00 318 STracy Ave Totten,Charles&Alison 318STracy Ave Bozeman MT 59715-4606 69$ 3,267.56 $ 470,940.00 328STracyAve Kurowskl,Chris 3285 Tracy Ave Bozeman MT 59715-4730 87$ 4,119.97 $ 667,452.00 404 S Tracy Ave Blue Steel Partners LLC PO Box 1594 Bozeman MT 59771-1594 94.04$ 4,453.35 $ 447,629.00 4J2STracy Ave Horswill,Richard&Beatrice 412 S Tracy Ave Bozeman IMT 59715-5276 42 $ 1,988.95 $ 400,700.00 4165Tracy Ave 416 Tracy LLC 428 N7th Ave Bozeman MT 59715-3310 42 $ 1,988.95 $ 361,900.00 4205TraNAve Clad Kate Regan Rev Living Trust 420S Tracy Ave Bozeman MT 59715-5276 42 $ 1,988.95 $ 469,937.00 424 STraN Ave Talbot,George 4245 Tracy Ave Bozeman MT 59715-5276 71.45 $ 3,383.58 $ 926,800.00 430STracy Ave Kempisty,Brian 7335 Tracy Ave Bozeman MT 59715-5323 53.46 $ 2,531.65 $ 199,162.00 4365Tacy Ave Turrentine,Marilou Wilson,David 4365 Tracy Ave 81 Bozeman MT 59715-5276 74.95 $ 3,549.33 $ 430,500.00 401STracy Ave Sheedy,Theodore&Cheryl 233 Alta Vista Dr Bozeman MT 597154106 50.14 $ 2,374.43 $ 658,200.00 405 S Tracy Ave Comaratta,Mark&Kathleen 4055 Tracy Ave Bozeman MT 59715-5277 40.27$ 1,907.02 $ 839,334.00 407STracy Ave Pocock,Lisa&Matthew 407STracy Ave Bozeman MT 59715-5277 60.28$ 2,854.62 $ 574,800.00 415STacy Ave Bell,William&CHristlne 415 S Tracy Ave Bozeman MT 59715-5277 50.2$ 2,377.27 $ 354,500.00 419STracy Ave Hohne,Richard&Hilary Fetter 408S Black Ave [Bozemn an MT 59715.4&M 50.1$ 2,372.53 $ 350,000.00 423STraNAve Scott,David&Teri 4235Tracy Ave an MT 59715-5277 50$ 2,367.90 $ 501,010.00 501STraNAve Hodgson,Mark&Christine 5015 Tracy Ave an MT 59715-5279 50$ 2,367.90 $ 690,340.00 5055TraNAve Maxted,Frederick)III Albrecht,Denise R SOS STracy Ave man MT 59715-5279 50$ 2,367.80 $ 521,900.00 509STacy Ave Malloy,Robert&Denise 30 South St ord NY 14534-2045 50$ 2,367.80 $ 717,500.00 5135Tracy Ave Ward,Margaret 513 STraN Ave an MT 59715-5279 75 $ 3,551.69 $ 654,700.00 5195TraNAve Strich-Westphal,Pamela 519STracy Ave an MT 59715-5279 75 $ %551.69 $ 582,193.00 601STracy Ave Carpenter,Scott Turner,Barbara PO Box 121 rtal CA 95318-0121 60$ 2.841.36 $ 684,400.D0 607STracy Ave Donaghy Family Bypass Trust 1604 Briarwood Dr boro All 72401-4631 60$ 2,941.36 $ 457,300.00 611S Tracy Ave Kathy Elliott Trust 105 Bosenberry Dr nd TX 75044-2650 52.5$ 2,486.19 $ 494,500.00 6155TaNAve Meier,Albert&Martha Matia Ellis 615STraNAve an MT 59715-5321 52.5$ 2,486.19 $ 613,800.00 619STracy Ave Bond,Aaron 619STracy Ave an MT 59715-5321 75$ 3,551.69 $ 462,000.00 705 STraN Ave Evans,Andrea&Dane 705 STraN Ave an MT 59715 60$ 2.841.36 $ 528,700.00 709STracy Ave Wirth,Jonathan&Jennifer 709 S Tracy Ave Bozeman MT 59715-5323 60$ 2,841.36 $ 375,100.00 717STracy Ave Rutherford,William 717 STraN Ave Bozeman MT 59715-5323 70$ 3,314.91 $ 588,600.00 721STacyAw Weaver,David&Jill PO Box 335 Rozeman MT 59771-0335 60$ 2,841.36 $ 622,100.00 725STracy Aw Elhard,Ellen 725 STracy Ave Bozeman MT 59715-5323 60$ 2,941.36 $ 462,200.00 733STaNAW Kempisty,Brian 733STaNAve Bozeman MT 59715-5323 78.14$ 3,700.39 $ 549,100.00 5025T"WAve Bossenbrook,Mark 502STacy Ave Bozeman MT 59715-5278 5D$ 2,367.80 $ 420,800.00 509S Tracy Ave Bozeman School District 07 PO Box 520 Bozeman MT 59771-0520 51D$ 24,151.52 $ 1,011,952.00 7065 Tracy Ave Anton Revocable Family Trust 414 Hodgeman Canyor Bozeman MT 59718-7321 50$ 2,367.80 $ 339,400.00 712S TracyAve Lange,Eric&Connie 712STracy Ave Bozeman MT 59715-5324 62.5 $ 2,959.75 $ 390,600.00 7165TaNAve Shellenberg,Kathryn 716 STraN Ave Bozeman MT 59715-5324 62.5 $ 2,959.75 $ 363,700.00 720STraNAve Raffensperger,Dennis&Marilyn 720 S Tracy Ave Bozeman MT 59715-5324 50 $ 2,367.80 $ 728,Bo0.D0 7245TraNAve Tillack,Peter&Nuriko 7245 Tracy Ave Bozeman MT 59715-5324 50 $ 2,367.80 $ 436,900.00 728STaNAve Boyle,Robert&Christana 1315 N Murray In Liberty Lake WA 99019-8567 50 $ 2,367.80 $ 330,000.00 732 S Tracy Ave Dimitrelos,Konstantlnos&Jennifer 732 STraN Ave Bozeman MT 59715-5324 50 $ 2,367.80 $ 688,ODO.00 901STracy Ave Winkelman,Brandt e01STraNAve Bozeman MT 59715-5325 55 $ 2,604.58 $ 394,100.00 8075Tracy Ave Kozickl,David&Rachelle 907STracy Ave Bozeman MT 59715-5325 62.5 $ 2,959.75 $ 425,900.00 811STacy Ave Koopman,Roger&J Ann 811STraNAve Bozeman MT 59715-5325 50 $ 2,367.80 $ 369,000.00 815STracy Ave Goldman,Jennifer PO Box 6642 Bozeman MT 59771-6642 62.5 $ 2,959.75 $ 374,800.00 821STraNAve Patencio,Alycia 821STracy Ave Bozeman MT 59715-5325 50 $ 2,367.90 $ 453,600.00 825STracy Ave Olsen,William 1755 Va Lucia Alamo CA 94507-1834 50 $ 2,367.80 $ 382,700.00 8025Tacy Ave Davant,John&Roxanna 802STracy Ave Bozeman MT 59715-5326 55 $ 2,604.58 $ 376,500.00 8065Tracy Ave Henning Family Living Trust 806STracy Ave Bozeman MT 59715-5326 50$ 2,367.80 $ 412,000.00 8105TracyAve Barton,John&Karen 81D STracy Ave Bozeman MT 59715-5326 50$ 2,367.80 $ 434,300.00 814STracy Ave Thompson,James&Victoria 814STracy Ave Bozeman MT 59715-5326 50$ 2,367.80 $ 348,100.00 820STracy Ave Warthln 2013 Trust PO Box 401 Yellowstone N WY 9219G-0401 40$ 1,894.24 $ 428,300.00 922STacy Ave Benincasa,Dominic 822 STracy Ave Rozeman MT 59715-5326 40$ 1,8:4.1 $ 345,300.00 9245TraNAve Barker,Eric Roche,Eleanor 8245TraN Ave Bozeman Mi 59715-5326 50$ 2,367.80 $ 344,600.00 9 W Harrison St Taylor,Carson&Deborah 8 W Harrison St Bozeman IMT 59715-5336 1 150$ 7,103.39 $ 617,891.00 908STraNAve IMary Rauch Investments LLC PO Box 1794 Bozeman IMT 59771-1794 1 150$ 7,103.39 $ 2,434,800.00 TOTALS 4861.06$ 230,200.00 $ 36,507,836.00 Total Assessment $ 230,200.00 Assessment/footofProntage $ 47.36 EXHIBIT D 2018 S Tracy Avenue Reconstruction -Engineer's Estimate Schedule 1:Street Improvements Engineers Estimate Item Description Unit Est.Quantity Unit Price Total Price 101 Taxes,Bonds,Insurance L.S. 1 $ 25,000.00 $ 25,000.00 102 Mobilization L.S. 1 $ 50,000.00 $ 50,000.00 103 SWPPP Submittal L.S. 1 $ 6,000.00 $ 6,000.00 104 SWPPP Implementation L.S. 1 $ 14,000.00 $ 14,000.00 105 Unclassified Excavation Above Subgrade C.Y. 6,871 $ 18.00 $ 123,678.00 106 Remove Existing Concrete Curb L.F. 5,451 $ 5.50 $ 29,980.50 107 Remove Existing Concrete Sidewalk,Ped Ramps,and Drive S.F. 5,952 &Alley Approaches $ 2.75 $ 16,368.00 108 Geotextile Separation Fabric S.Y. 13,415 $ 1.05 $ 14,085.75 109 3"Minus Uncrushed Subbase C.Y. 4,082 $ 30.00 $ 122,460.00 110 1"Minus Crushed Base Course C.Y. 2,041 $ 37.00 $ 75,517.00 111 Asphalt Concrete Pavement 3"Thickness S.Y. 10,197 $ 15.00 $ 152,955.00 112 Concrete Curb and Gutter L.F. 5,403 $ 16.00 $ 86,448.00 113 Concrete Vertical Curb L.F. 48 $ 25.00 $ 1,200.00 114 Ped Ramps,Drive and Alley Approach,and Sidewalk(6" S.F. 5,050 De th $ 8.50 $ 42,925.00 115 Concrete Fillet&Valley Gutter S.F. 598 $ 10.00 $ 5,980.00 116 Concrete Sidewalk 4"Depth S.F. 1375 $ 7.50 $ 10,312.50 117 ADA Detectable Warning Panel S.F. 256 $ 50.00 $ 12,800.00 118 At Grade Crosswalk S.F. 768 $ 15.00 $ 11,520.00 119 4"Sch 80 PVC Utility Conduit L.F. 445 $ 15.00 $ 6,675.00 120 Topsoil&Sod L.S. 1 $ 15,000.00 $ 15,000.00 121 Boulevard Topsoil Excavation C.Y. 50 $ 20.00 $ 1,000.00 122 Traffic Control L.S. 1 $ 30,000.00 $ 30,000.00 123 2"Square Tube Metal Posts L.F. 336 $ 40.00 $ 13,440.00 124 Aluminum Signs S.F. 37.00 $ 35.00 $ 1,295.00 125 Preformed Plastic Tape Pavement Markin White 8" L.F. 224 $ 10.00 $ 2,240.00 126 preformed Plastic Tape Pavement Marking White 24" L.F. 354 $ 28.00 $ 9,912.00 127 Epoxy Pavement Marking Curb,To &Face) GAL 22 $ 260.00 $ 6,720.00 128 Preformed Plastic Tape Sharrow Symbol EA 8 $ 200.00 $ 1,600.00 129 Seed Sign&Electrical Work L.S. 1 $ 5,000.00 $ 5,000.00 130 Construction Staking&Quality Assurance L.S. 1 $ 38,000.00 $ 38,000.00 [7-37,Miscellaneous Work EA 50,000 $ 1.00 $ 50,000.00 TOTAL SCHEDULE 1 BID $ 981,111.76 Schedule 2:Storm Drain Improvements Engineers Estimate Item Description Unit Est.Quantity Unit Price Total Price 401 Remove Existing Stomr Sewer Inlet EA 30 $ 400.00 $ 12,000.00 402 Remove Existing Storm Sewer Manhole EA 5 $ 800.00 $ 4,000.00 403 Remove Existing Storm Sewer Pie EA 2461 $ 6.50 $ 15,996.50 404 12"SDR 35 PVC Storm Sewer Pie L.F. 806 $ 50.00 $ 40,300.00 405 15"SDR 35 PVC Stonn Sewer Pie L.F. 1879 $ 52.00 $ 97,708.00 406 18"SDR 35 PVC Storm Sewer Pie L.F. 724 $ 57.00 $ 41,268.00 407 4'Diameter Storm Sewer Manhole EA 12 $ 3,200.00 $ 38,400.00 408 5'Diameter Storm Sewer Manhole EA 2 $ 4,200.00 $ 8,400.00 409 Standard Storm Drain Inlet EA 21 $ 2 700.00 $ 56,700.00 410 4'Diameter Combination Storm MHllniet EA 6 $ 3,500.00 $ 21,000.00 411 Connection to Existing Storm Manhole EA 1 $ 1,500.00 $ 1,500.00 412 Miscellaneous Costs EA 10000 $ 1.00 $ 10,000.00 TOTAL SCHEDULE 2 BID $ 347,272.60 Subtotal $ 1,328,384.25 15%Contingency $ 199,257.64 TOTAL $ 1,528,000.00 SID Amount $ 229,200.00