HomeMy WebLinkAboutResolution 4907 Intent to Dissolve SID 740, North Ferguson Avenue and West Oak Street }
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COMMISSION RESOLUTION NO. 4907
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 740; DECLARING IT TO
BE THE INTENTION OF THE CITY COMMISSION TO DISSOLVE THE DISTRICT.
WHEREAS, the City Commission created Special Improvement District No. 740 ("SID
740" or "the District") on April 17, 2017 by Resolution No. 4772 for the purpose of undertaking
certain road improvements to North Ferguson Avenue between West Oak Street and Baxter Lane,
and to West Oak Street between Davis Lane and North Ferguson Avenue ("the Improvements")
pursuant to its authority under Montana Code Annotated, Title 7, Chapter 12, Part 41; and
WHEREAS,the Resolution of Intention to create SID 740,Resolution No. 4771,describes
the boundaries of the District and the particulars of the Improvements to be undertaken; and
WHEREAS, the District's share of the estimated cost of the Improvements as stated in
Resolution No. 4771 was $1,063,138.50; and
WHEREAS, the Improvements have been completed and the District's share of actual
costs of the Improvements are now known to be $902,424.65; and
WHEREAS, Gallatin County, owner of 100% of the property within the District
boundaries,protested the creation of the District; and
WHEREAS, the City Commission found Gallatin County's protest invalid because the
previous owner of the property within the District waived the right to protest creation of a special
improvement district in consideration of receiving approval for annexation of the property to the
Page 1 of 4
Resolution 4907, Resolution of Intention to Dissolve SID 710
City on October 19, 2001 and such waiver was a covenant running with the land and binding on
successors in interest including Gallatin County; and
WHEREAS,after the District was created Gallatin County filed a lawsuit in District Court
seeking a declaration the District was void ab initio and alleging defects in its creation; and
WHEREAS, SID 740 has accumulated no assets and no property owners within the
boundaries of the District have been assessed any fees pursuant to the creation of the District; and
WHEREAS, the Bozeman City Commission desires to dissolve SID 740 in order to
accurately assess the property within the District for the costs of the Improvements and to address
the alleged shortcomings in the creation of SID 740.
NOW, THEREFORE, BE IT RESOLVED by the City Commission (the
"Commission") of the City of Bozeman, Montana(the "City"), as follows:
Section 1
Intent to Dissolve. It is the intent of the Commission to dissolve SID 740; meaning, SID 740 will
no longer have any force or effect.
Section 2
Boundaries of District. The limits and boundaries of the District to be dissolved are depicted on a
map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof)
and includes all the properties within the boundaries of the District,the legal description of which
is contained 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. A listing of the
District Property is shown on Exhibit C hereto (which is hereby incorporated herein and made a
part hereof).
Page 2 of 4
Resolution 4907, Resolution of Intention to Dissolve SID 740
Section 3
General Character of Improvements; Estimated Cost; Method of Assessment. The general
character of the Improvements which were to be made pursuant to SID 740, the estimated cost
thereof, and the method of assessment by which the Improvements were to be assessed against
property in SID 740 is as described in Resolution No. 4771, the resolution of intention to create
SID 740.
Section 4
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 to be dissolved who was 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, June 11, 2018), written
protest against the dissolution of the District. Such protest must be in writing,identify the property
in the District owned by the protestor and be signed by all owners of the property. The written
protest must be delivered to the City Clerk, who shall endorse thereon the date and hour of its
receipt. The Commission will, at its next regular meeting after the expiration of the fifteen (15)
days in which such protests in writing can be made and filed, proceed to hear and pass upon all
such protests so made and filed; which said regular meeting will be held on Monday, the 18th day
of June, 2018, at 6:00 p.m., in the Commission Meeting Room, Bozeman City Hall, 121 N. Rouse
Avenue, in Bozeman, Montana.
Section 5
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 provided in
Section 7-12-4106, MCA, in the Bozeman Daily Chronicle, a newspaper of general circulation in
the county on May 27, 2018 and June 3, 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
Page 3 of 4
Resolution 4907, Resolution o/Intention to Dissolve S7D 7-10
such person,firm,or corporation having real properly within the District listed in the owner's name
upon the last completed assessment roll for state, county, and school district taxes, at the owners
last-known address, on or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day o y, 2018.
US
Mayor
ATTEST:
ROBIN CROUGH U ' ` •
City Clerk ' •
. � as •
LL ' • ° • ' �10 APPROVED AS TO FORM:
SULLIVAN
City Attorney
Page 4 of 4
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EXHIBIT B
Ferguscn Avenue&West Oak Street SID
OUTSTANDING$ID -pig-PROPERTY D_LO Cf7Y
ADDRESS OWNER OWNER2 OWNER ADDRESS CITYSTATS SIP PARCELNUMBER LEGAL DESCRIPTION ASSESSMENTS TAXES ASSESSMENTS
$03,TO2S,ROSE,CO627.020,Tract 3A•1
1705 Vag— Pk Galbtin Coun 311 W Maln Street Rm 304 Bozeman,MT54715-4574 RGG7622 Remainder GIs S
......,....._..............__.____........................................_...—_.y_......__........................_......................................................................................._.............._.........................................._...._..........................................................................................._........................... ..................................._............_................................. .................
EXHIBIT C
Ferguson Avenue&West Oak Street SID
ASSESSABLE LOT FRONTAGE ASSESSABLE LOT FRONTAGE
ADDRESS OWNER 1 OWNER 2 OWNER ADDRESS CITY STATE ZIP Ferguson Ave(Lineal Feet) West Oak St(Lineal Feetl Total Assessment
1705 Vaquero Pkwy Gallatin County 311 W Main Street,Rm 304 Bozeman,MT 59715-4574 2255.42 2529.59 $ 1,063,138.50
BOZ E MAN MT
City Clerk
May 25, 2018
Gallatin County
311 West Main Street, Room 304
Bozeman, MT 59715-4574
RE: Notice of passage of resolution of intent to dissolve Special Improvement District
740 and notice of public hearing and right to protest dissolution of SID 740; notice of
passage of resolution of intent to create Special Improvement District 745 and notice
of public hearing and right to protest creation of SID 745 on Monday,June 18, 2018
Dear Property Owner:
This letter and the attached notice informs you of two separate actions of the Bozeman City
Commission ("Commission") related to street reconstruction improvements and related
improvements made to West Oak Street between North Ferguson and Davis Lane and to North
Ferguson Avenue between West Oak Street and Baxter Lane. The City is mailing you this letter
and the accompanying notice because you are an owner of real property within the area
affected by these actions.
First, this notice informs you the Commission intends to dissolve Special Improvement District
("SID") 740 created in 2017 to fund the improvements, that the Commission will hold a public
hearing on the dissolution of SID 740 on June 18, 2018, and that Montana law requires the
Commission to hear and pass on protests related to this action.
Second, the attached notice informs you the Commission intends to create SID 745 to purchase
the completed improvements, that the Commission will hold a public hearing on the creation of
SID 745 on June 18, 2018, and that Montana law requires the Commission to hear and pass on
protests against the creation of SID 745.
Dissolution of Special Improvement District 740
On Monday, June 18, 2018 at 6:00 pm in the Commission Room at Bozeman City Hall, the
Commission will hold a public hearing to consider the dissolution of SID 740, which was created
on April 17, 2017 for the purpose of funding street reconstruction improvements and related
improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on
West Oak Street between Davis Lane and North Ferguson Avenue.
At a public hearing on May 21, 2018, the Commission adopted Resolution No.4907, a resolution
of intent to dissolve SID 740. Attached to this letter you will find a copy of the notice of passage
of Resolution No.4907. Resolution No.4907 is on file in the City Clerk's office located at City
Bozeman, MT 59771-1230
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
BOZ E MAN MT
City Clerk
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. 4907.
Owners of property have 15 days from May 27, 2018 to make a written protest against the
dissolution of SID 740. Protests are due no later than 5:00 pm on Monday,June 11, 2018.
On Monday, June 18, 2018, the Commission will conduct a public hearing at 6:00 pm in the
Commission Room at Bozeman City Hall, 121 North Rouse Ave., Bozeman, MT to consider the
resolution to dissolve SID 740. During this public hearing, the Commission will accept public
comment and consider all valid written protests submitted prior to the established deadline of
5:00 pm on Monday, June 11, 2018. For more information on the dissolution of the SID 740
please contact City Engineer Rick Hixson at 582-2284 or by email at rhixson@bozeman.net.
Creation of Special Improvement District 745
In addition to the public hearing on dissolution of SID 740, on Monday, June 18, 2018 at 6:00
pm in the Commission Room at Bozeman City Hall, the Commission will hold a public hearing to
consider the creation of SID 745 to fund the purchase of street and related improvements to
North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street
between Davis Lane and North Ferguson Avenue.
At a public hearing on May 21, 2018,the Commission adopted Resolution No.4892, a resolution
of intent to create SID 745.Attached to this letter you will find a copy of the notice of passage of
Resolution No. 4892. Resolution No.4892 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. 4892.
The District, if created, will comprise the area shown on Exhibit A of Resolution No. 4892.
If created, the costs of the improvements to be purchased by SID 745 will be assessed bi-
annually to all owners of real property within SID 745 based upon the area of each lot or parcel.
Total assessment amount by parcel can be found in Exhibit C to Resolution No.4982.
Owners of property within the proposed SID 745 have 15 days from May 27, 2018 to make a
written protest against the creation of SID 745. Protests must be submitted to the office of the
City Clerk by 5:00 pm on Monday, June 11, 2018. At the June 18, 2018 public hearing on
creation of the District, the Commission will accept public comment and consider all valid
written protests submitted prior to the established deadline of 5:00 pm on Monday, June 11,
2018. For more information on the creation of SID 745 please contact City Engineer Rick Hixson
at 582-2284 or by email at rhixson@bozeman.net.
121 North ROUse Avenue P.O. Box 1230 406-582-2321 406-582-2344 www.bozeman.net
Bozeman, NIT 59771-1230
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
BOZ E MAN MT
City Clerk
i`o OI�y"'
Sincerely, + �; •
U�
" * ■ r''e..-�.� fir
Robin Crough " �� �, 1883
Bozeman City Clerk `� ' • 1
Enc. Notice of Passage of Resolution No.4907 and Resolution No.4892
Bozeman, MT 59771-1230
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO DISSOLVE SPECIAL IMPROVEMENT DISTRICT NO. 740 AND
RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO.745
CITY OF BOZEMAN,MONTANA
NOTICE IS HEREBY GIVEN that on May 21, 2018 the City Commission ("Commission") of the City of
Bozeman, Montana ("City") adopted Resolution No. 4907, a Resolution of Intention to Dissolve Special
Improvement District No. 740 ("SID 740" or "Original District") created on April 17, 2017 by Resolution No.
4772.
NOTICE IS ALSO HEREBY GIVEN that on May 21, 2018 the Commission adopted Resolution No. 4892, a
Resolution of Intention to Create Special Improvement District No. 745 ("New District") for the purpose of
purchasing certain existing local improvements to Ferguson Avenue between West Oak Street and Baxter Lane
and to West Oak Street between Davis Lane and Ferguson Avenue and financing the costs thereof and incidental
thereto. If created, the Commission intends to levy a special assessment upon benefited property in the New
District by separate resolution.
Construction of the improvements that were subject to the Original District are now complete and final
costs are now known. The final cost of construction is significantly lower than the estimated costs when the
Original District was created. The Original District's share of actual costs is $902,424.65, or $160,713.85
lower than the estimate of$1,062,138.50 in Resolution No. 4771 (resolution of intent to create the Original
District). This is a reduction of more than 15%. Because of this significant difference in costs and other
factors,the Commission intends to dissolve the Original District and create the New District.
Complete copies of Resolution No. 4907 proclaiming the Commission's intent to dissolve the Original District
and Resolution No. 4892 proclaiming the Commission's intent to create the New District are on file with the
Bozeman City Clerk and may be also viewed on the City's website at www.bozeman.net. Resolution No. 4892
more specifically describes the nature of the improvements, the boundaries and the area proposed to be included
in the New District and other matters pertaining thereto and further particulars.
For the New District, the Commission on behalf of the New District proposes to purchase certain local
improvements to benefit certain property located in the city. The Improvements consist of roadway and related
improvements to North Ferguson Avenue between West Oak Street and Baxter Lane and on West Oak Street
between Davis Lane and North Ferguson Avenue, including: widening the road, installation of curbing, storm
drainage improvements,and pedestrian ramps,as more particularly described in Section 5 of Resolution 4892(the
"Improvements"). The total purchase price of the Improvements is $2,152,611.04; the share to be funded by the
New District (hereafter referred to as the New District's Share of the Improvements) is $902,424.65. It is the
intention of the Commission to create and establish in the city under Title 7, Chapter 12, Parts 41 and 42, MCA,
as amended, the New District for the purpose of financing the New District's Share of the Improvements and
paying costs incidental thereto, including costs associated with the creation and administration of the New District
(collectively the "Incidental Costs"). The total estimated cost of the New District's Share of the Improvements,
including such Incidental Costs, is $903,424.65.
The Commission, on behalf of the New District, intends to finance the acquisition costs of the New District's
Share of the Improvements using a special improvement district bond or warrant with a repayment term of three
(3) years as provided in Montana Code Annotated (MCA) sect. 7-12-4201 et seq. In doing so, the Commission
intends to levy assessments against each property in the New District pursuant to sect. 7-12-4162, MCA (area
assessment method) in an amount to equal the outstanding principal on the bond or warrant, plus simple interest
as allowed by sect. 7-12-4189,MCA, over the term of the bond or warrant.
On Monday, June 18, 2018, at 6:00 p.m., in the Commission Room of City Hall, 121 North Rouse Avenue,
Bozeman, Montana, the Commission will conduct a public hearing regarding adoption of a resolution
dissolving the Original District and pass upon all written protests against the dissolution of the Original
District. In addition, also on Monday, June 18", 2018, at 6:00 p.m., in the Commission Room of City Hall,
121 North Rouse Avenue, Bozeman, Montana, the Commission will conduct a public hearing regarding
adoption of a resolution creating the New District and pass upon all written protests against the creation or
extension of the New District, or the Improvements. Written protests against the dissolution of SID 740 may
be filed by an owner of real property within the District whose property was subject to assessment. 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,June 11,2018. Written protests against the creation of SID 745 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,June 11,2018.
Further information regarding dissolution of the Original District,the creation of the New 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 or email at rhixson@bozeman.net.
Dated: May 23, 2018
BY ORDER OF THE CITY COMMISSION ,
OF THE CITY OF BOZEMAN,MONTAN B 02
Robin Crough, City Clerk ''~ •
Legal Ad .r y��•„ 883- .'•�
Publication Dates: Sunday May 27 & Sunday June 3,2018 '9Tj'• ■ ••'®11
s'J9
AFFIDAVIT OF MAILING
STATE OF MONTANA )
ss
County of Gallatin )
Brenda Sweeney, Deputy City Clerk, acting on behalf of Robin Crough, Bozeman City Clerk, being first
duly sworn,says:
That I caused to be mailed first class at Bozeman, Montana, on the 250' day of May, 2018, a copy of the
Notice of Passage of Resolution No. 4907, a Resolution of Intention to Dissolve Special Improvement District
No. 740 to owners of real property located in Special Improvement District No. 740, as those properties are listed
in Exhibit "C" of Resolution No. 4907, directed to the owners at the addresses shown on Exhibit "B" of
Resolution No.4907;and
That the same Notice described above and mailed first class on the 25t'day of May, 2018, contains notice
of passage of Resolution 4892, a Resolution of Intent to Create Special Improvement District No. 745 to the
properties listed on Exhibit C of Resolution 4892, directed to owners at the addresses shown on Exhibit B of
Resolution 4892. �`- '`�'�j"'
00C
IL
Brenda Sweeney
:�y�•. +�a ,.' Deputy City Clerk
. L�q�jN C0 V1p�
Subscribed and sworn to before me this ffday of May,2018.
(Notarial Seal)
Printed name d(7 e `TLt1�
\\ETHOM,, CORIE THOMAS Notary Public for the State of Montana
J.• ''' •• ,; Notary Public
,t4o-fAR14 . for the state of Montana Residing at Bozeman, ontana
Residing at: My Commission e tress
.SEAI..zQ;= Belgrade, Montana
:.9 oF•M-,e, My Commission Expires:
June'19,2019