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HomeMy WebLinkAbout01-14-19 City Commission Packet Materials - A1. Res 4954, Intent to Create SID 747 for Manley RoadPage 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Shawn Kohtz, City Engineer Andrea Surratt, City Manager Kristin Donald, Finance Director Greg Sullivan, City Attorney SUBJECT: Adoption of Resolution 4954, Intent to Create Special Improvement District (SID) 747 for Manley Road MEETING DATE: January 14, 2019 AGENDA ITEM TYPE: Action RECOMMENDED MOTION: Incorporating the information and findings in the staff memorandum, oral findings made by the Commission during this public hearing, information and findings contained in the proposed resolution, and public comment, I hereby move to adopt Resolution 4954, Intent to Create Special Improvement District 747 for Manley Road. BACKGROUND: Development along Manley Road during the past few decades has created a need for improvements to its transportation infrastructure. The Bozeman Transportation Master Plan (2017) identifies the need to improve Manley Road to an urban collector street standard from Griffin Drive to Gallatin Park Drive North identified as Major Street Network Project Number MSN-36. As described in more detail in the Fiscal Effects section below, the total cost of the proposed construction project excluding sewer improvements is estimated to be approximately $4,242,000. The proposed improvements to be paid for by the proposed special improvement district (SID) include a new street surface and subsurface, curb and gutter, bike lanes, sidewalks, storm drainage improvements, lighting, and increased parking. Sewer improvements will be made during the construction of the project but will be financed using wastewater impact fees. 103 Page 2 Proposed Resolution No. 4954, a Resolution of Intent to Create SID 747, is the first step in the process of creating a SID pursuant to the City’s authority under 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 and property owners of the City's intention to create a SID to raise funds from adjacent property owners through special assessments to pay for a portion of the proposed improvements and provide for an opportunity to comment. This resolution does not create the SID. Should this resolution be approved, notice of passage of the resolution will be published and mailed to the property owners pursuant to state law. The City Commission will then hold a public hearing to pass upon any protest received and determine whether to adopt a resolution creating the proposed District. Waivers of right to protest: Gallatin Park Subdivision, Minor Subdivision Number 385 (Turtle Way), MAP Brewing, and Mergenthaler properties were developed in the past and were not required to upgrade Manley Road at the time of development. The developers of each of these properties, with the exception of the Mergenthaler property, were required to provide a waiver of right to protest a SID for Manley Road to allow cost sharing of road improvements upon future construction of the road. The same is true for Glen Lake Commerce Subdivision which received final plat approval on January 7, 2019 – a waiver of right to protest was required as part of the platting process for Glen Lake Subdivision. Bridger Vale provided a waiver of right to protest with its annexation. These waivers of right to protest were filed with the County Clerk and Recorder, so subsequent property owners would be aware of the waivers prior to purchasing property. If the Commission adopts the resolution of intent, the Commission will be provided these waivers for its consideration during the hearing on the resolution creating the proposed District. District Boundaries: The proposed SID will encompass the properties shown on the map attached to the Resolution of Intent as Exhibit A, “Manley Road Special Improvements District Boundary.” The total number of properties included in the proposed district is 63. Of these 63 parcels, the total number of assessable parcels is 58 as open space parcels located in Gallatin Park, Glen Lake, and Turtle Way will not be assessed but rather the assessment attributable to the square footage of these open space parcels will be allocated to the other parcels within each subdivision. The proposed SID also includes the Glen Lake Commercial Subdivision which received final plat on January 7, 2019. All properties are zoned either M1 or M2 except for the Turtle Way development (five homes) and the future Bridger Vale Subdivision. As noted above, waivers of right to protest creation of the district are available for all but the Glen Lake Rotary Park (GLRP), which is owned by Montana Fish, Wildlife & Parks (FWP), the Mergenthaler property, and the railroad right-of-way parcels. The proposed district includes a property owned by the City (described as parcel 3 (park) 104 Page 3 of Minor Subdivision 154A). The District also includes two railroad right-of-way parcels owned by Burlington Northern Santa Fe, LLC that are leased by Montana Rail Link. Assessment Methodology: Section 7 of the Resolution details the proposed methodology. Montana law provides several methods for assessing properties in a SID. These include street frontage, area, assessed value, or a combination of the above. The proposed assessment methodology is to allocate the SID’s share of costs based on a combination of street frontage and area. Properties that front along Manley Road would be assessed for the portion of the overall costs of improvements their frontage bears in relation to the entire frontage of the project. For Gallatin Park Subdivision, Minor Sub 385 (Turtle Way), and Glen Lake Commerce Subdivision the assessments would be based on the frontage of the lots within the subdivision that front on Manley Road (including open space parcels) and then split on an area basis between all lots within the subdivision. The assessment methodology and proposed estimated principal amount of the assessments are shown on Exhibit B to the resolution of intent. Section 7.4 of the Resolution states the Commission determines the combination method of assessment is equitable and in proportion to and does not exceed the special benefits to each lot derived from the improvements. The current proposal is to sell bonds to pay for the construction and assess properties over 20 years. As such, should the District be created, property owners will have 20 years to pay the principal amount of the assessments. Driver for Creating the SID on the proposed timeline: Glen Lake Subdivision obtained final plat approval from the City Commission on January 7, 2019. To address the condition of preliminary plat approval for Glen Lake Commercial Subdivision the developer provided the City a non-financial guarantee restricting the issuance of building permits on the Glen Lake Subdivision property until such time as the Commission creates this special improvement district. The developer of the Glen Lake Commercial Subdivision prepared the preliminary design, cost estimate, and SID analysis for Manley Road to assist the City in developing the SID and to advance the Glen Lake Commerce Subdivision to final plat. Glen Lake Rotary Park (GLRP): The property where the GLRP is located is owned by Montana Fish, Wildlife and Parks (FWP). The 1991 memorandum of understanding between the City as operator of the park and FWP states, “The Department (FWP) will pay any and all taxes required, if any, special assessments, including but not limited to payments in lieu of taxes, promptly before the penalty date.” Staff recently negotiated an updated 50-year lease with FWP. The City Commission approved this on October 15, 2018. The provision related to assessments 105 Page 4 states, “FWP will pay any and all taxes required, if any, and special local assessments including but not limited to assessments for special improvement districts, street and tree maintenance districts, arterial and collector special district assessments, etc.” City Parks Director Mitch Overton has communicated with local FWP staff that the creation of this district will be coming and the approximate amount of the assessments. The FWP State Parks and Recreation Board gave final approval to the 50-year lease at its December 19, 2018 meeting. The proposed assessment for FWP is $484,919.88. City-Owned Park Parcel: The City owns a parcel of land with approximately 348.77 feet of frontage along Manley Road. The total assessment to the City is estimated to be $234,880.22. If created, the City will need to budget for the assessment. Public Participation and Notification: Staff held a public meeting on October 17, 2018 at 5:30 PM in the Stiff Professional Building (20 E. Olive Street) second floor conference room to provide information to property owners that would be impacted by the proposed SID. At that meeting, Staff provided a summary of the project and fiscal effects. Property owners were provided a courtesy notice of this hearing. This courtesy notice was mailed December 28, 2018. Formal notices will be sent out to property owners in the proposed district should the Commission adopt the Resolution of Intent. PROPOSED FINDINGS: Should the Commission move to adopt Resolution 4954, staff suggests incorporating the following findings in addition to any oral findings entered into the record by the Commission at the public hearing: 1. Before 2000, Manley Road was relatively undeveloped. As development began, the City recognized the need for improvements to Manley Road including paving, curb and gutter, sidewalk and storm drainage facilities. The first annexation along this portion of Manley Road in 1998 included 29.69 acres along the West side of Manley for the Gallatin Park major subdivision. A waiver of right to protest the creation, size or area of an SID for improvements to Manley was executed two years later in 2000. 2. The area adjacent to Manley Road continued to develop when a tract of approximately 1.84 acres was annexed for minor subdivision 385 (Turtle Way) in 2005. The developers of this minor subdivision executed a waiver of right to protest creation of one or more SIDs for improvements to Manley Road in consideration of receiving approval for the annexation. 3. In 2008, developers annexed 15.41 acres of land at the northwest corner of the intersection of Manley Road and Griffin Drive (Glen Lake Commercial Subdivision). As with the subdivisions described above, the developers signed a waiver of right to protest creation of one or more SIDs for improvements to Manley Road. 106 Page 5 4. Development continued after a 1.62 acre parcel along the north side of Manley Road was developed in 2013 for the construction of MAP Brewing. A waiver of right to protest similar to the waivers described above was provided by the developer as consideration for a conditional use permit. 5. Manley Road has now developed to an extent that its character has changed substantially since 2000. 6. Each of the developments described above anticipated and agreed to the eventual reconstruction of Manley Road. 7. In addition to the developments already described, other property owners included in the proposed district will benefit. The proposed district includes land owned by Burlington Northern Sante Fe railroad and leased by Montana Rail Link. This property includes a privately-owned access road off of Manley Road for railroad maintenance and to access railroad facilities near the tracks. In addition, the proposed improvements will improve the safety of those desiring to use the Glen Lake Rotary Park not only for Park users travelling by car, but also for pedestrians and bicyclists. 8. Manley Road has been designated a collector street since the 2001 Bozeman Transportation Plan Update and the reconstruction of Manley Road to an urban collector road standard has been a recommended major project in each transportation plan update since that time. 9. All properties in the District specially benefit from the improvements to be assessed by the SID. The benefits include benefits to every property through the updating of deficient public infrastructure that serves the property, improved vehicle and pedestrian access to all lots and parcels to be assessed, improved lighting for safety of property owners, businesses, workers, and guests, and enhanced on-street parking on Manley Road. These benefits apply to all properties in the district. 10. The assessments to be levied on property within the District are proportional to the benefits received by the properties. FISCAL EFFECTS: The project total cost is $4,242,000, which includes street construction, engineering and administrative fees. See the attached Exhibit C to the Resolution of Intent, “Engineer’s Probable Construction Cost Estimate.” Assessments to each developed or developable property are identified in Exhibit B to the Resolution of Intent, “Lot, Parcels, and Tracts Included with the District/Assessment.” The proposed project does not include intersection upgrades to Manley Road and Griffin Drive. The City scheduled reconstruction of the intersection to begin in fiscal year (FY) 2020 as Street 107 Page 6 Impact Fee CIP number SIF110 ($2,000,000). The project also includes construction of sanitary sewer improvements within the Manley Road Right-of-Way ($457,000); however, the costs of these improvements are proposed to be paid for with sewer impact fee funds and are not included in the SID’s share of the costs of the overall project. The City will need to finance the project by selling bonds pursuant to its authority under MCA chapter 7-12, part 42. The proposed repayment on the bonds is 20 years. ALTERNATIVES: 1. Do nothing and continue to require waivers of right to protest special improvement districts as properties annex or develop along Manley Road. This alternative will require the City to address improvements to Manley Road through an alternative means prior to releasing Glen Lake Subdivision from the no-build restriction placed on the subdivision at final plat. 2. Re-prioritize impact fee funds or arterial and collector district funds to buy down the cost of the SID. This will require the City’s capital improvements program to be amended. 3. As determined by City Commission. Attachments: Resolution Number 4954, Resolution Relating to Special Improvement District Number 747 for Local improvements to Manley Road including the following exhibits to the resolution of intent: • Exhibit A: Map of the District • Exhibit B: Properties in the District/Assessments • Exhibit C: Initial Engineer’s Opinion of Probable Cost • Exhibit D: Existing Taxes and Assessments Report compiled on: January 9, 2019 108 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. 4954, entitled: “RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO.747 FOR LOCAL IMPROVEMENTS TO MANLEY ROAD; 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 THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND” (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 at a meeting on January ____, 2019, 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: ______________________________________ _____________________________________________________________________________; voted against the same: __________________________________________________________; abstained from voting thereon: ____________________________________________________; or were absent: ________________________________________________________________. WITNESS my hand officially this 15th day of January, 2019. _______________________________________ ROBIN CROUGH City Clerk 109 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 1 of 10 RESOLUTION NO. 4954 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 747 FOR LOCAL IMPROVEMENTS TO MANLEY ROAD; 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 THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1. Proposed Improvements; Intention to Create District. The City proposes to undertake certain local improvements (the “Improvements”) to benefit certain real property located in the City limits. The Improvements consist of the design, engineering, demolition, and construction of street, sidewalk, curbs, gutter, sanitary sewer, stormwater, and related improvements, as more particularly described in Section 5. Sanitary sewer improvements will be paid from funds of the City other than assessments attributable to the District. The total estimated costs of the Improvements and costs incidental thereto less the costs of sanitary sewer to be paid from sources other than the District are $4,242,000.00. The portion of the costs of the Improvements and costs incidental thereto that are to be paid from the special improvement district bonds hereinafter described is $4,242,000.00. 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 costs of the Improvements other than the sanitary sewer improvements, which are deemed capacity expansion improvements and are to be paid by sources other than a special assessment against properties located in the District, and paying costs incidental thereto, including costs associated with the sale and the security of special improvement district bonds drawn on the District (the “Bonds”), 110 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 2 of 10 the creation and administration of the District, and the funding of a deposit to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”). The total estimated costs of the Improvements, including such incidental costs, to be financed by the Bonds is up to $4,242,000.00. The Bonds are to be payable from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements in an amount not more than $4,242,000.00. 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. 747 of the City of Bozeman, Montana. Section 3. Boundaries of District. The limits and boundary of the proposed District are described and depicted by the continuous line circumscribing the exterior boundaries of the properties shown on the map attached as Exhibit A (which is hereby incorporated herein and made a part hereof), which boundary is identified as the “MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOUNDARY” on such map and designated and confirmed as the boundary of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4. Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibits A and B are hereby declared to be the special improvement district and the territory that will benefit from and be benefited by the Improvements and will be assessed for a portion of the costs of the Improvements as described herein. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5. General Character of the Improvements. The general character of the Improvements is design, engineering, reconstruction, and construction of street, sidewalk, curb, gutter, sanitary sewer, stormwater, and related improvements, including road demolition and excavation, road, curb, gutter, and sidewalk improvements, fire hydrants, manholes, pipes, detention ponds, culverts, landscaping, environmental mitigation, and lighting, on, under, or adjacent to that portion of Manley Road depicted on Exhibit A hereto. Each lot, parcel, or tract abutting or in the immediate vicinity of such portion of Manley Road, as set forth on the attached Exhibit B, will be improved with or benefited by such Improvements. 111 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 3 of 10 Section 6. Engineer and Estimated Cost. The City, acting through its City Engineer, shall initially consult with the engineering firm of Allied Engineering Services, Inc. (the “Initial Engineer”) to provide engineering work for the District. The Initial Engineer has estimated the total costs of the Improvements, less the costs of sanitary sewer improvements which are to be paid from other funds of the City, including all incidental costs, are $4,242,000.00 and the costs of the Improvements to be financed by the proceeds of the Bonds, including costs associated with the sale and security thereof, are $4,242,000.00. The total costs of the Improvements and the cost of the Improvements to be financed by the proceeds of the Bonds are shown on Exhibit C (which is hereby incorporated herein and made a part hereof). Section 7. Assessment Methods 7.1 Combination of Methods; Property to be Assessed. All properties within the District are to be assessed for a portion of the costs of the Improvements and incidental costs, as specified herein. The costs of the Improvements shall be assessed against the property in the District benefiting from the Improvements based on a combination of the lineal front footage and area assessment methodologies, as determined and applied and set forth in Section 7.2 and Exhibit B attached hereto. 7.2 Lineal Front Footage and Area Methodologies. To determine the amount of special assessments to be levied against each benefited lot, tract, and parcel in the District, the City will calculate the lineal front footage of all lots, tracts and parcels that abut Manley Road, or any portion thereof. With regard to all lots, tracts, and parcels in the District currently existing as legal lots, tracts or parcels, other than the lots in Gallatin Park Subdivision, Glen Lake Commercial Subdivision, and Minor Subdivision No. 385 (the lots accessed by Turtle Way) (the “Turtle Way Subdivision”) (collectively the Turtle Way Subdivision, Glen Lake Subdivision, and Gallatin Park Subdivision are referred to as “the Subdivisions”), the sum of the dollar amount of the per lineal foot cost appertaining to each such lot, tract, or parcel will be spread across the total square feet of each such lot, tract, or parcel, resulting in a principal amount of special assessment per square foot of each such lot, tract or parcel that varies based on the lineal front footage of each such lot, tract, or parcel and the total square footage of each such lot, tract, or parcel. The amount of the special assessments to be spread across each lot in each of the Subdivisions is determined by calculating the lineal front footage of each lot, tract, or parcel in each Subdivision that 112 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 4 of 10 abuts Manley Road or any portion thereof and spreading the total dollar cost of such lineal front footage across the total square footage of all the developed or developable lots in the respective Subdivision subject to special assessments to determine the principal amount of the assessment per square foot, such that the special assessments to be levied against each such lot in each Subdivision will vary based on the relative size of each such lot, tract, or parcel subject to special assessment. There are a total of 6,298.88 lineal feet of lots, tracts, and parcels that abut Manley Road or any portion thereof. The total estimated costs of the Improvements and all incidental costs to be financed by the proceeds of the Bonds are $4,242,000.00. Accordingly, the cost per lineal foot of the Improvements and all incidental costs to be financed by proceeds of the Bonds is $673.45 per lineal foot. Using the combination of assessment methodologies described above in this Section 7.2, which has the effect of spreading the lineal footage assessment amount across the square footage of each lot, tract, or parcel subject to assessment, the amount of each special assessment per square foot of each lot, tract, or parcel in the District subject to special assessments and the total principal amount of each special assessment against each lot, tract, or parcel in the District subject to special assessment are shown on the attached Exhibit B. 7.3 Principal Amount Only. The estimated dollar amount per square foot and in total of each special assessment against each lot, tract, or parcel in the District is only the principal amount of such special assessment. Notwithstanding any provision herein to the contrary, all unpaid special assessments will bear interest at a rate equal to the sum of the average interest rate payable on the outstanding Bonds at the time the assessment is levied plus not less than ½ of 1% per year. 7.4 Assessment Methodology Equitable and Consistent with Benefit. This Commission hereby determines that the combination method of assessment described above and the assessment of costs of the specific Improvements against the properties benefited thereby as prescribed in this Section 7 are equitable and in proportion to and not exceeding the special benefits derived from the respective Improvements by the lots, tracts and parcels to be assessed therefor within the District. This Commission declares that the contemplated Improvements are of more than local or ordinary benefit, such that this Commission may charge the expenses of the work or Improvements to properties not fronting on the Improvements as well as to properties fronting on the Improvements. This Commission further finds that the subdivisions currently existing and that may be proposed in the District do benefit 113 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 5 of 10 and will benefit from the Improvements in a similar manner to properties that front on the Improvements, and therefore it is in the best interests of the District to reduce the special assessments to a special assessment cost per square foot of each lot, tract, or parcel in the District subject to assessment. Section 8. Payment of Assessments. The special assessments for the costs of the Improvements shall be payable over a term not exceeding twenty (20) years, each in equal semiannual installments of principal, plus interest, or equal semiannual payments of principal and interest, as this Commission shall prescribe in the resolution authorizing the issuance of the Bonds. Property owners have the right to prepay assessments as provided by law. The estimated total principal amounts of special assessments against properties in the District are shown on the attached Exhibit B. Such amounts are estimates only and are exclusive of interest. In the event the District is created and the Bonds are issued, the special assessments levied against properties in the District will be stated as semiannual installments of principal and interest over a term of up to twenty (20) years. Section 9. Method of Financing; Pledge of Revolving Fund; Findings and Determinations. The City will issue the Bonds in an aggregate principal amount not to exceed $4,242,000.00 in order to finance a portion of the costs of the Improvements and all incidental costs. Principal of and interest on the Bonds will be paid from special assessments levied against the properties in the District. This Commission finds it is in the public interest, and in the best interest of the City and the District, to secure payment of principal of and interest on the Bonds by the Revolving Fund and hereby authorizes the City to enter into the undertakings and agreements authorized in Section 7-12-4225, M.C.A., in respect of the Bonds. In determining to authorize such undertakings and agreements, this Commission has taken into consideration the following factors: (a) Estimated Market Value of Parcels. The proposed District is in and surrounded by an area that has seen significant subdivision development and construction of commercial buildings and continues to have considerable commercial and residential appeal. The Commission has concluded the assessed value for property tax purposes of a number of lots, tracts, or parcels set forth on the attached Exhibit D is considerably less than the market value of such lots, tracts, or parcels, particularly as to those properties that are undeveloped or that enjoy an exemption to taxation or classification based on current use, or both. The City has considered 114 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 6 of 10 the estimated market value of the lots, parcels or tracts in the District as of the date of adoption of this resolution, as estimated by the County Assessor and in light of the growth of the area, as well as the estimated market value of the lots, parcels or tracts after the Improvements have been completed. The City has determined that the value of the properties will be enhanced by the Improvements. (b) Diversity of Property Ownership. Exhibit D shows that a number of properties are individually owned by numerous persons or businesses, unrelated to each other. The City finds that the diverse and unrelated property ownership makes it less likely that financial difficulties of one or a few owners will require recourse to the Revolving Fund. (c) Comparison of Special Assessments and Property Taxes and Market Value. The City has compared the estimated market value of each lot, tract, and parcel in the District after the Improvements are made to the amount of the proposed special assessments against each lot, tract, and parcel in the District. The estimated market value of each lot, tract, and parcel in the District after the Improvements are made is expected to be in excess of the proposed special assessments against each lot, tract, and parcel in the District. (d) Outstanding Special Assessments. As of the date of this resolution, the amount of special assessments against properties in the District is relatively low compared to the market value of the property. (e) Delinquencies. The records of the County Assessor show that there are approximately seven (7) properties with delinquencies now and historically for payment of outstanding special assessments or property taxes for those properties to be included in the District. Therefore, the likelihood that a revolving fund loan will be required is low. (f) The Public Benefit of the Improvements. The Improvements are of general benefit to the entire community and satisfy an important need to the City. Properly constructed curbs, gutters, sidewalks, and streets enhance safety and require less maintenance on an annual basis, improve property values, increase safety, and decrease dust for the community in general. 115 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 7 of 10 Section 10. Reimbursement Expenditures. 10.1 Regulations. The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 10.2 Prior Expenditures. Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iii) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Improvements have been paid by the City before the date 60 days before the date of adoption of this resolution. 10.3 Declaration of Intent. The City reasonably expects to reimburse the expenditures made for costs of the Improvements out of the proceeds of Bonds in an estimated maximum aggregate principal amount of $4,242,000.00 after the date of payment of all or a portion of the costs of the Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. 10.4 Budgetary Matters. As of the date hereof, other than funds set aside to pay for the costs of sanitary sewer, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Improvements, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to 116 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 8 of 10 be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 10.5 Reimbursement Allocations. The City’s Finance Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Improvements. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Improvements and shall specifically identify the actual original expenditure being reimbursed. Section 11. Public Hearing; Protests. At any time within fifteen (15) days (or such longer period if required by law) from and after the date of the first publication of the notice of the passage and approval of this Resolution, any owner of a lot, tract, or parcel within the District subject to assessment and taxation for the cost and expense of making 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 (or such longer period if required by law) written protest against the proposed Improvements, or against the creation of the District. For purposes of calculating protests under Section 7-12-4113, M.C.A., the sufficiency or insufficiency of protests, if any, as to the entire proposed District shall be based on the estimated total principal amount of special assessments made by valid protestors in the District as compared to the estimated total principal amount of special assessments to be levied against all properties in the District. The cost per square foot of each lot, tract, or parcel in the District shall equal the estimated per square foot dollar amount described in Section 7.2 and set forth in Exhibit B. This Commission will at its next scheduled meeting after the expiration of the protest period proceed to hear all such protests so made and filed. Section 12. 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 in the Bozeman Daily Chronicle, a newspaper of general circulation in the county 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 agent of such person, firm or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his or her last known address, on the same day such notice is first published. 117 Resolution 4954, Intent to Create SILD 747 for Manley Road Page 9 of 10 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this 14th day of January, 2019. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 118 119 EXHIBIT B 1/7/2019 LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTS MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA 1 C.O.S. 157 - REM TRACT (FUTURE BRIDGER VALE SUB.) BRIDGER VALE LLC PO BOX 930 MANHATTAN MT 59741-0930 000RFH7935 299.90 281,920.32 $201,968.57 $0.72 2 C.O.S. 1221 - TRACT GL2 (EAST GALLATIN REC. AREA) STATE OF MONTANA DEPT FISH WILDLIFE & PARKS CAPITOL STATION HELENA MT 59620 00RFH24348 720.05 1,297,739.52 $484,919.88 $0.37 GALLATIN PARK SUBDIVISION 1646.34 ($ 1,108,732.71 ) ($ - ) 3 BLK 1, LOT 1 BONIFACE TONY 4645 BROADWAY UNIT A4 BOULDER CO 80304 00RFG44037 19950.48 $23,912.88 $1.20 4 BLK 1, LOT 2 SANDS LLC 317 GALLATIN PARK DR #2 BOZEMAN MT 59715-7909 00RFG44038 18469.44 $22,137.69 $1.20 5 BLK 1, LOT 4A GPL4 LLC PO BOX 1173 BOZEMAN MT 59771-1173 00RFG44039 46217.16 $55,396.43 $1.20 6 BLK 1, LOT 5 ACUFF MICHAEL 407 RYAN DR BOZEMAN MT 59715-9278 00RFG44041 23217.48 $27,828.75 $1.20 7 BLK 1, LOT 6 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44042 14026.32 $16,812.11 $1.20 8 BLK 1, LOT 7 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44043 14026.32 $16,812.11 $1.20 9 BLK 1, LOT 8 K C HARVEY ENVIRONMENTAL LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44044 14026.32 $16,812.11 $1.20 10 BLK 1, LOT 9 CZC LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44045 14026.32 $16,812.11 $1.20 11 BLK 1, LOT 10 SPRATT SCOT 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7909 00RFG44046 35152.92 $42,134.70 $1.20 12 BLK 1, LOT 11 DOUBLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7928 00RFG44047 34978.68 $41,925.86 $1.20 13 BLK 1, LOT 12 OLD MARSH HOLDINGS LLC PO BOX 1167 BOZEMAN MT 59771-1167 00RFG44048 23261.04 $27,880.96 $1.20 14 BLK 1, LOT 13 BACKCHECK LLC MAIL TO: DENNIS STEINHAUER PO BOX 1167 BOZEMAN MT 59771 00RFG44049 23391.72 $28,037.59 $1.20 15 BLK 1, LOT 14 M532MT LLC 301 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44050 23391.72 $28,037.59 $1.20 16 BLK 2, LOT 1 MEGASPACE 3202 E FOOTHILL BLVD PASADENA CA 91107-3109 00RFG44018 43167.96 $51,741.63 $1.20 17 BLK 2, LOT 2-A B & G DEVELOPMENT LLC 2370 ARNICA DR BOZEMAN MT 59715-1603 00RFG44019 83452.248 $100,026.85 $1.20 18 BLK 2, LOT 3-A TRIPLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 101 BOZEMAN MT 59715-7928 00RFG44020 87712.416 $105,133.14 $1.20 19 BLK 2, LOT 4 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44021 21692.88 $26,001.34 $1.20 20 BLK 2, LOT 5 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44022 18817.92 $22,555.38 $1.20 21 BLK 2, LOT 6 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44023 18469.44 $22,137.69 $1.20 22 BLK 2, LOT 7A HC DEVELOPMENTS L L C PO BOX 1203 BOZEMAN MT 59771-1203 00RFG44024 36721.08 $44,014.32 $1.20 23 BLK 2, LOT 9 LOCK ENTERPRISES LLC 338 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44026 18556.56 $22,242.11 $1.20 24 BLK 2, LOT 10 KW & MW LLC 342 GALLATIN PARK DR BOZEMAN MT 59715 00RFG44027 18817.92 $22,555.38 $1.20 25 BLK 2, LOT 11 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44028 27312.12 $32,736.63 $1.20 26 BLK 2, LOT 12 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44029 87555.6 $104,945.17 $1.20 27 BLK 3, LOT 1 BRYAN VAN K 21 W BABCOCK ST BOZEMAN MT 59715-4662 00RFG44030 50442.48 $60,460.95 $1.20 28 BLK 3, LOT 2 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44031 18992.16 $22,764.23 $1.20 29 BLK 3, LOT 3 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44032 18992.16 $22,764.23 $1.20 30 BLK 3, LOT 4 WHITE TRUST LLC 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44033 19471.32 $23,338.55 $1.20 31 BLK 3, LOT 5 HITCHCOCK DAN & JULIE 322 W MENDENHALL ST BOZEMAN MT 59715-3447 00RFG44034 15202.44 $18,221.82 $1.20 PROP PER SQFT (3) COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE TOTAL PRINCIPAL AMOUNT (2) FRONT LINEAL FOOTAGE (LF) AREA (SF) 120 EXHIBIT B 1/7/2019 LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTS MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA PROP PER SQFT (3) COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE TOTAL PRINCIPAL AMOUNT (2) FRONT LINEAL FOOTAGE (LF) AREA (SF) 32 BLK 3, LOT 6 BON TON PARTNERS LLC PO BOX 1082 BOZEMAN MT 59771-1082 00RFG44035 15202.44 $18,221.82 $1.20 33 BLK 3, LOT 7 GALLATIN PARK DRIVE LLC 395 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44036 20298.96 $24,330.57 $1.20 34 OPEN SPACE A GALLATIN PARK OWNERS ASSOCIATION INC. 300 N WILLSON #400 BOZEMAN MT 59715 GPOPENMSTR 35 OPEN SPACE B GALLATIN PARK OWNERS ASSOCIATION INC. 300 N WILLSON #400 BOZEMAN MT 59716 GPOPENMSTR 36 OPEN SPACE C GALLATIN PARK OWNERS ASSOCIATION INC. 300 N WILLSON #400 BOZEMAN MT 59717 GPOPENMSTR GLEN LAKE COMMERCE SUB. 1335.62 ($899,477.37) 37 BLK 1, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 9761 $49,729.81 $5.09 38 BLK 1, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 13267 $67,591.99 $5.09 39 BLK 1, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 16056 $81,801.24 $5.09 40 BLK 1, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 16664 $84,898.84 $5.09 41 BLK 1, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 15063 $76,742.16 $5.09 42 BLK 1, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 11615 $59,175.47 $5.09 43 BLK 1, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 9761 $49,729.81 $5.09 44 BLK 2, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 27156 $138,352.92 $5.09 45 BLK 2, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09 46 BLK 2, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09 47 BLK 2, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09 48 BLK 2, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09 49 BLK 2, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09 50 BLK 2, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09 51 BLK 2, LOT 8 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 12081 $61,549.62 $5.09 52 BLK 2, LOT 9 (OPEN SPACE) GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 121 EXHIBIT B 1/7/2019 LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTS MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA PROP PER SQFT (3) COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE TOTAL PRINCIPAL AMOUNT (2) FRONT LINEAL FOOTAGE (LF) AREA (SF) MINOR SUBDIVISION NO. 154 53 LOT 2 (MERGENTHALER) MERGENTHALER FAMILY LLC 1414 N MONTANA AVE HELENA MT 59601-2962 00RFH34523 613.55 231521.4 $413,197.12 $1.78 MINOR SUBDIVISION NO. 154A 54 LOT 1B (MAP BREWING) MAP BREWING COMPANY LLC 510 MANLEY RD BOZEMAN MT 59715-8784 00RFH65113 903.72 70567.2 $608,613.00 $8.62 55 PARCEL 3: PARK CITY OF BOZEMAN PO BOX 1230 BOZEMAN MT 59771-1230 00RFH65112 348.77 30796.92 $234,880.22 $7.63 MINOR SUBDIVISION NO. 385 140.00 ($ 94,283.43 ) 56 LOT 1 DHEIN JUSTIN & MOYER KATHERINE 291 TURTLE WAY BOZEMAN MT 59715-8767 000RFH8782 5998.212 $15,929.85 $2.66 57 LOT 2 BLACKBURN JAMES W III 279 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54980 7440.048 $19,759.03 $2.66 58 LOT 3 PICKENS JARRED & SATHER KELSEY 257 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54981 7801.596 $20,719.22 $2.66 59 LOT 4 VARNAI CHRISTINE 563 BEAR CROSSING RD GALLATIN GATEWAY MT 59730-9641 00RFH54982 6908.616 $18,347.67 $2.66 60 LOT 5 WHEELER JACOB A 213 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54983 7352.928 $19,527.66 $2.66 61 OPEN SPACE SUNFISH PARK COMMUNITY ASSOCIATION INC. PO BOX 4480 BOZEMAN MT 59772-4480 MS385OPNSP 62 (1) Sec 31, T1S, R6E BURLINGTON NORTHERN SANTA FE, LLC LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131 215.57 445,517 $145,176.28 $0.33 63 (1) Sec 36, T1S, R5E BURLINGTON NORTHERN SANTA FE, LLC LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131 75.36 762,288 $50,751.42 $0.07 TOTALS 6,298.88 4,257,416.07 $4,242,000.00 (1) The platted front lineal footage for the Railroad Right-of-Way is as shown on the recorded plats. The property legal descriptions and areas are approximate. (2) Payable in semiannual installments of principal and interest over the term of the bonds. (3) In the event of future subdivision, the dollar amount per square foot of special assessments for properties subject to new subdivison, will be adjusted based on the square footage of the subdivided property subject to assessment. If the total square footage subject to assessment decreases as a result of future subdivision, the dollar amount of the special assessments per square foot will increase. 122 EXHIBIT C 1/7/2019 ENGINEER'S PROBABLE CONSTRUCTION COST MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA ENGINEER'S ENGINEER'S ENGINEER'S ENGINEER'S UNIT TOTAL ITEM DESCRIPTION QUANTITY UNIT PRICE PRICE 0001 Mobilization/Demobilization, Bonding, & Submittals (May not exceed 5%) 1 LS $175,000.00 $175,000 0002 Preparation, Implementation, & Administration of SWPPP 1 LS $25,000.00 $25,000 0003 Traffic Control 1 LS $200,000.00 $200,000 0004 Exploratory Excavation 1 LS $10,000.00 $10,000 0005 Miscellaneous Work 50,000 EA $1.00 $50,000 SUBTOTAL $460,000.00 1101 Existing Road Sign Salvage 19 EA $200.00 $3,800.00 1102 Existing Tree Relocation 10 EA $450.00 $4,500.00 1103 Existing Tree Removal 10 EA $600.00 $6,000.00 1104 Fence Removal 1100 LF $5.00 $5,500.00 1105 Topsoil Salvage & Re-Use (6" Assumed Thickness) 3,903 CY $22.33 $87,177.61 1106 Pavement Sawcut 506.3 LF $4.00 $2,025.04 1107 Asphalt Pulverization & In-Place Mixing w/Base Course 13,252.4 SY $5.00 $66,261.96 1108 Existing Curb & Gutter Removal & Disposal 392 LF $5.50 $2,156.00 1109 Existing Sidewalk Removal & Disposal 144 SY $18.00 $2,588.01 1110 Existing Asphalt Trail Removal & Disposal 575 SY $18.00 $10,352.03 1111 Excavation Above Subgrade - Native Soils 2,619 CY $15.00 $39,288.30 1112 Excavation Above Subgrade - Asphalt & Gravel 2,497 CY $15.00 $37,447.85 1113 Subexcavation/Replacement Below Subgrade 500 CY $53.00 $26,500.00 SUBTOTAL $293,596.80 1201 Asphalt (4" thick) 13,383 SY $18.00 $240,886.82 1202 Asphalt (3" thick) 1,333 SY $20.00 $26,664.46 1203 Base Course Gravel (1-1/2" Minus, 6" Thick) 2,966 CY $25.00 $74,151.40 1204.a Sub-Base (Salvaged Asphalt Millings & Gravel Mix) 2,470 CY $17.00 $41,990.00 1204.b Sub-Base Gravel (6" Minus) - Import 3,826 CY $20.00 $76,512.49 1205.a Embankment Placed from Onsite Material 6,523 CY $7.85 $51,203.16 1205.b Imported Non-structural Embankment 4,926 CY $7.85 $38,671.49 1206 Geosynthetic Fabric 17,796 SY $6.00 $106,778.02 1207 Curb & Gutter 7,276 LF $18.00 $130,974.58 1208 Median Concrete Curb Pin-Down 876 LF $20.00 $17,514.99 1209 Raised Median Concrete Cap (4" Thick) & Base 94 SY $47.00 $4,428.66 1210.a Mixed-Use Trail Asphalt (3" thick, 11' wide) 7,302 SY $15.00 $109,527.09 1210.b Mixed-Use Trail Base Course Gravel (1-1/2" Minus, 12" thick, 13' wide) 2,918 CY $25.00 $72,948.56 1211.a Pedestrian Ramp-COB Standard One Way 32 EA $800.00 $25,600.00 1211.b Pedestrian Ramp-COB Standard Two Way 2 EA $3,000.00 $6,000.00 1212 Valley Gutter 5,115 SF $13.00 $66,495.86 1213 Concrete Sidewalk Relacement 200 SF $6.00 $1,200.00 1214 Reinforced Concrete Drive Apron 5,261 SF $10.00 $52,609.62 1215 Topsoil Import 0CY $25.00 $0.00 1216.a Road Sign - R1-1 7 EA $200.00 $1,400.00 1216.b Road Sign - R2-1 6 EA $200.00 $1,200.00 1216.c Road Sign - R3-8b 1 EA $200.00 $200.00 1216.d Road Sign - R3-17 10 EA $200.00 $2,000.00 1216.e Road Sign - R4-7 2 EA $200.00 $400.00 1216.f5 Road Sign - R6-1 2 EA $200.00 $400.00 1216.g Road Sign - R7-1 6 EA $200.00 $1,200.00 1216.h Road Sign - D3-1 14 EA $200.00 $2,800.00 1217 Road Sign Post & Base 48 EA $200.00 $9,600.00 1218 Yellow Flex Delineator 9 EA $100.00 $900.00 1219.a Pavement Marking-Lane Symbol (White Thermoplastic) 20 EA $500.00 $10,000.00 1219.b Pavement Marking-Lane Word (White Thermoplastic) 4 EA $600.00 $2,400.00 1219.c Pavement Marking-Bicycle Symbol (White Thermoplastic) 30 EA $600.00 $18,000.00 1219.a Road Striping - 4" Wide Solid Yellow Epoxy Paint 3,825 LF $1.50 $5,737.50 EXHIBIT C 1/7/2019 ENGINEER'S PROBABLE CONSTRUCTION COST MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA ENGINEER'S ENGINEER'S ENGINEER'S ENGINEER'S UNIT TOTAL ITEM DESCRIPTION QUANTITY UNIT PRICE PRICE 1301 Valve Box Adjustment 10 EA $400.00 $4,000.00 1302 Fire Hydrant Adjustment - Horizontal 7 EA $2,800.00 $19,600.00 1303 Fire Hydrant Adjustment - Vertical 7 VF $1,100.00 $7,700.00 1308 Rigid Board Insulation, 4" Thick 400 LF $22.00 $8,800.00 SUBTOTAL $40,100.00 1401 SS Manhole Rim & Cover Adjustment 4 EA $500.00 $2,000.00 1402 Main - 36" dia. SDR35 PVC Pipe 950 LF $310.00 $294,500.00 1403 Manhole - 60" (Standard 5' Barrel Section) 4 EA $8,000.00 $32,000.00 1404 Manhole - Extra Vertical Feet 28 VF $600.00 $16,800.00 SUBTOTAL $345,300.00 1501 Storm Sewer Pipe - 12" PVC A-2000 250 LF $61.25 $15,312.50 1502 Storm Sewer Pipe - 15" PVC A-2000 200 LF $64.50 $12,900.00 1503 Storm Sewer Pipe - 18" PVC A-2000 1000 LF $68.00 $68,000.00 1504 Storm Sewer Pipe - 24" PVC A-2000 100 LF $70.00 $7,000.00 1505 Pipe Existing Ditch ~48" Class 5 RCP 950 LF $250.00 $237,500.00 1506 48" Storm Drain Manhole w/ Solid Storm Drain Manhole Cover 4 EA $4,333.33 $17,333.33 1507 48" Storm Drain Manhole and Combination Inlet 12 EA $4,500.00 $54,000.00 1508 Detention Pond Outlet Structure 1 EA $7,000.00 $7,000.00 1509 Detention Pond 1 LS $35,000.00 $35,000.00 SUBTOTAL $454,045.83 1601 Utility Culvert Crossing 12 EA $7,000.00 $84,000.00 1602 Reserved SUBTOTAL $84,000.00 1701 4" SCH40 Irrigation Sleeve 32 EA $400.00 $12,800.00 1702 Mulching/Composting & Hydroseeding 12,181 SY $5.00 $60,907.32 1703 Reserved SUBTOTAL $73,707.32 1801 Wetland Mitigation 1 LS $150,000.00 $150,000.00 1802 Reserved SUBTOTAL $150,000.00 1901 Structural Pole Foundations 19.7 CY $1,200.00 $23,640.00 1902 Conduit, 2.0" PVC Trench 4,630.0 LF $12.00 $55,560.00 1903 Conduit, 4.0" PVC, Sleeve 50.0 LF $15.00 $750.00 1904 Conduit, 2.0" PVC, Push 600.0 LF $25.00 $15,000.00 1905 Pull Box, Composite Type 1 15.0 EA $515.00 $7,725.00 1906 Conductor, Copper, #8 AWG 11,120.0 LF $1.00 $11,120.00 1907 Conductor, Copper, #10 AWG, Lighting & Ground 8,700.0 LF $0.75 $6,525.00 1908 Light Std. 30' Mount (Type 10-A) 28.0 EA $2,800.00 $78,400.00 1909 Luminaire, (type 3S 72w LED) 28.0 EA $1,400.00 $39,200.00 1910 Single Type C - Power Supply 1.0 EA $3,500.00 $3,500.00 SUBTOTAL $241,420.00 Estimated Construction Total (Schedule 0 - III & V - IX ) $3,017,673.65 15% Contingency (Schedule 0 - III & V - IX ) $452,651.05 Construction Total + 15% Contingency (Schedule 0 - III & V - IX ) $3,470,324.70 2101 Engineering Design (7% of Construction + Contingency) 1 LS $241,895.72 $241,895.72 2102 Construction Staking, Testing, & Inspection (7% of Construction + Contingency) 1 LS $241,895.72 $241,895.72 2103 Bond Counsel & Administrative Fees (1% of Construction + Contingency) 1 LS $75,783.87 $75,783.87 2104 Contribution to State Revolving Fund (5% of SID Total) 1 LS $210,045.97 $212,100.00 SUBTOTAL $771,675.31 SID TOTAL = $4,242,000.00 SCHEDULE III - WATER IMPROVEMENTS SCHEDULE IV - SANITARY SEWER IMPROVEMENTS* SCHEDULE V - STORM SEWER IMPROVEMENTS EXHIBIT D LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA DLQ PROPERTY TAXES 1 C.O.S. 157 - REM TRACT (FUTURE BRIDGER VALE SUB.) BRIDGER VALE LLC PO BOX 930 MANHATTAN MT 59741-0930 000RFH7935 $0.00 2 C.O.S. 1221 - TRACT GL2 (EAST GALLATIN REC. AREA) STATE OF MONTANA DEPT FISH WILDLIFE & PARKS CAPITOL STATION HELENA MT 59620 00RFH24348 $0.00 GALLATIN PARK SUBDIVISION 3 BLK 1, LOT 1 BONIFACE TONY 4645 BROADWAY UNIT A4 BOULDER CO 80304 00RFG44037 $749.52 4 BLK 1, LOT 2 SANDS LLC 317 GALLATIN PARK DR #2 BOZEMAN MT 59715-7909 00RFG44038 $0.00 5 BLK 1, LOT 4A GPL4 LLC PO BOX 1173 BOZEMAN MT 59771-1173 00RFG44039 $0.00 6 BLK 1, LOT 5 ACUFF MICHAEL 407 RYAN DR BOZEMAN MT 59715-9278 00RFG44041 $0.00 7 BLK 1, LOT 6 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44042 $304.25 8 BLK 1, LOT 7 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44043 $304.25 9 BLK 1, LOT 8 K C HARVEY ENVIRONMENTAL LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44044 $0.00 10 BLK 1, LOT 9 CZC LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44045 $0.00 11 BLK 1, LOT 10 SPRATT SCOT 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7909 00RFG44046 $0.00 12 BLK 1, LOT 11 DOUBLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7928 00RFG44047 $0.00 13 BLK 1, LOT 12 OLD MARSH HOLDINGS LLC PO BOX 1167 BOZEMAN MT 59771-1167 00RFG44048 $0.00 14 BLK 1, LOT 13 BACKCHECK LLC MAIL TO: DENNIS STEINHAUER PO BOX 1167 BOZEMAN MT 59771 00RFG44049 $1,329.45 15 BLK 1, LOT 14 M532MT LLC 301 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44050 $0.00 16 BLK 2, LOT 1 MEGASPACE 3202 E FOOTHILL BLVD PASADENA CA 91107-3109 00RFG44018 $0.00 17 BLK 2, LOT 2-A B & G DEVELOPMENT LLC 2370 ARNICA DR BOZEMAN MT 59715-1603 00RFG44019 $0.00 18 BLK 2, LOT 3-A TRIPLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 101 BOZEMAN MT 59715-7928 00RFG44020 $1,608.07 19 BLK 2, LOT 4 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44021 $0.00 20 BLK 2, LOT 5 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44022 $0.00 21 BLK 2, LOT 6 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44023 $0.00 22 BLK 2, LOT 7A HC DEVELOPMENTS L L C PO BOX 1203 BOZEMAN MT 59771-1203 00RFG44024 $0.00 PROP COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE 125 EXHIBIT D LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA DLQ PROPERTY TAXES PROP COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE 23 BLK 2, LOT 9 LOCK ENTERPRISES LLC 338 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44026 $0.00 24 BLK 2, LOT 10 KW & MW LLC 342 GALLATIN PARK DR BOZEMAN MT 59715 00RFG44027 $0.00 25 BLK 2, LOT 11 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44028 $0.00 26 BLK 2, LOT 12 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44029 $0.00 27 BLK 3, LOT 1 BRYAN VAN K 21 W BABCOCK ST BOZEMAN MT 59715-4662 00RFG44030 $0.00 28 BLK 3, LOT 2 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44031 $0.00 29 BLK 3, LOT 3 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44032 $0.00 30 BLK 3, LOT 4 WHITE TRUST LLC 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44033 $0.00 31 BLK 3, LOT 5 HITCHCOCK DAN & JULIE 322 W MENDENHALL ST BOZEMAN MT 59715-3447 00RFG44034 $0.00 32 BLK 3, LOT 6 BON TON PARTNERS LLC PO BOX 1082 BOZEMAN MT 59771-1082 00RFG44035 $0.00 33 BLK 3, LOT 7 GALLATIN PARK DRIVE LLC 395 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44036 $7,513.00 34 OPEN SPACE A GALLATIN PARK OWNERS ASSOCIATION INC. 300 N WILLSON #400 BOZEMAN MT 59715 GPOPENMSTR 35 OPEN SPACE B GALLATIN PARK OWNERS ASSOCIATION INC. 300 N WILLSON #400 BOZEMAN MT 59716 GPOPENMSTR 36 OPEN SPACE C GALLATIN PARK OWNERS ASSOCIATION INC. 300 N WILLSON #400 BOZEMAN MT 59717 GPOPENMSTR 126 EXHIBIT D LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA DLQ PROPERTY TAXES PROP COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE GLEN LAKE COMMERCE SUB. 37 BLK 1, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 38 BLK 1, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 39 BLK 1, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 40 BLK 1, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 41 BLK 1, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 42 BLK 1, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 43 BLK 1, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 44 BLK 2, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 45 BLK 2, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 46 BLK 2, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 47 BLK 2, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 48 BLK 2, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 49 BLK 2, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 50 BLK 2, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 51 BLK 2, LOT 8 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 52 BLK 2, LOT 9 (OPEN SPACE) GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 127 EXHIBIT D LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA DLQ PROPERTY TAXES PROP COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE MINOR SUBDIVISION NO. 154 53 LOT 2 (MERGENTHALER) MERGENTHALER FAMILY LLC 1414 N MONTANA AVE HELENA MT 59601-2962 00RFH34523 $0.00 MINOR SUBDIVISION NO. 154A 54 LOT 1B (MAP BREWING) MAP BREWING COMPANY LLC 510 MANLEY RD BOZEMAN MT 59715-8784 00RFH65113 $0.00 55 PARCEL 3: PARK CITY OF BOZEMAN PO BOX 1230 BOZEMAN MT 59771-1230 00RFH65112 $0.00 128 EXHIBIT D LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT BOZEMAN, GALLATIN COUNTY, MONTANA DLQ PROPERTY TAXES PROP COUNT LEGAL DESCRIPTION OF PROPERTY OWNER NAME OWNER ADDRESS ASSESSMENT CODE MINOR SUBDIVISION NO. 385 56 LOT 1 DHEIN JUSTIN & MOYER KATHERINE 291 TURTLE WAY BOZEMAN MT 59715-8767 000RFH8782 $0.00 57 LOT 2 BLACKBURN JAMES W III 279 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54980 $1,871.70 58 LOT 3 PICKENS JARRED & SATHER KELSEY 257 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54981 $0.00 59 LOT 4 VARNAI CHRISTINE 563 BEAR CROSSING RD GALLATIN GATEWAY MT 59730-9641 00RFH54982 $0.00 60 LOT 5 WHEELER JACOB A 213 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54983 $0.00 61 OPEN SPACE SUNFISH PARK COMMUNITY ASSOCIATION INC. PO BOX 4480 BOZEMAN MT 59772-4480 MS385OPNSP 62* Sec 31, T1S, R6E BURLINGTON NORTHERN SANTA FE, LLC LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131 63* Sec 36, T1S, R5E BURLINGTON NORTHERN SANTA FE, LLC LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131 TOTALS 129 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 747 CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on January 14, 2019 the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted Resolution No. 4954, a Resolution of Intention to create Special Improvement District No. 747 (the “District”) for the purpose of undertaking certain local improvements on and relating to Manley Road and financing the costs thereof and incidental thereto through the issuance of special improvement district bonds secured by the City’s special improvement district revolving fund. A complete copy of Resolution No. 4954 is on file with the Bozeman City Clerk. Resolution No. 4954 more specifically describes the nature of the improvements, the boundaries and the area included in the District, and other matters pertaining thereto and further particulars. The Resolution and accompanying exhibits may also be viewed on the City’s website at www.bozeman.net by following the steps provided: I want to button, view document center, Commission Documents, Resolutions, 2019 Resolutions, and by clicking on Resolution No. 4954. The City proposes to undertake certain local improvements that provide a special benefit to certain property located in the City and Gallatin County, Montana. The Improvements consist of the design, engineering, demolition, and construction of street, sidewalk, curbs, gutter, sanitary sewer, stormwater, and related improvements to Manley Road (the “Improvements”). Sanitary sewer improvements will be paid from funds other than assessments attributable to the District. The total estimated costs of the Improvements and costs incidental thereto not including the costs of sanitary sewer to be paid from sources other than the District are $4,242,000.00. The portion of the costs of the Improvements and costs incidental thereto that are to be paid from the special improvement district bonds is $4,242,000.00. 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 costs of the Improvements other than the sanitary sewer improvements, which are deemed capacity expansion improvements and are to be paid by sources other than a special assessment against properties located in the District and paying costs incidental thereto, including costs associated with the sale and security of special improvement district bonds drawn on the District (the “Bonds”), the creation and administration of the District, and the funding of a deposit to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”). The total estimated cost of the Improvements, including such incidental costs, to be financed by the Bonds is up to $4,242,000.00. The Bonds are to be payable from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements in an amount not less than $4,242,000.00. Subject to the limitations in Sect. 7-12-4222, MCA the general fund of the City may be used to provide loans to the 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. 130 The costs of the Improvements will be assessed against the benefitted properties in the district based on a combination of the lineal front footage and areas assessment methodologies. The special assessments for the costs of the Improvements shall be payable over a term not exceeding twenty (20) years, each in equal semiannual installments of principal, plus interest, or equal semiannual payments of principal and interest, as this Commission shall prescribe in the resolution authorizing the issuance of the Bonds. Property owners have the right to prepay assessments as provided by law. The estimated total principal amounts of special assessments against properties in the District are shown on the Exhibit B to Resolution No. 4954. Such amounts are estimates only and are exclusive of interest. In the event the District is created and the Bonds are issued, the special assessments levied against properties in the District will be stated as semiannual installments of principal and interest over a term of up to twenty (20) years. On Monday, February 11, 2019, 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 No. 4955 creating the District and pass upon all written protests against the creation of the District, or the Improvements. Written protests against the proposed work or against the extent or creation of the District may be filed by any owner of real property within the proposed District whose property is liable to be assessed for the Improvements. A protest must be in writing, identify the property in the District owned by the protestor, and be signed by all the owners of the property. Such protests must be delivered to the City Clerk at City Hall, 121 North Rouse Avenue, Suite 200, Bozeman, Montana not later than 5:00 p.m., M.T., on Wednesday, February 6, 2019. Further information regarding the proposed District or other matters in respect thereof may be obtained from Kellen Gamradt, PO Box 1230, Bozeman, Montana, 59771 or by telephone at (406) 582-2283. Dated this 16th day of January, 2019. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Robin Crough City Clerk Legal Ad Publication Dates: Sunday, January 20, 2019 Sunday, January 27, 2019 131 AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Robin Crough, Bozeman City Clerk, being first duly sworn, says: That I cause to be mailed first class in Bozeman, Montana, on the 18th day of January, 2019, a copy of the Notice of Passage of Resolution 4954, a resolution of intent to create the Manley Road SID (SID No. 747), to owners of real property located in Special Improvement District No. 747, as those properties are listed in Exhibit "B" of Resolution 4954, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Robin Crough City Clerk Subscribed and sworn to before me this 18th day of January, 2019. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: __________ 132 SCHEDULE VI - DRY UTILITY IMPROVEMENTS SCHEDULE VII - LANDSCAPE IMPROVEMENTS SCHEDULE VIII - ENVIRONMENTAL MITIGATION * Schedule IV - Sanitary Sewer Improvements have not been included in the total construction costs as part of this SID. Funding for Schedule IV will come from source other than SID. SCHEDULE IX - LIGHTING IMPROVEMENTS SCHEDULE X - ENGINEERING & ADMINISTRATIVE FEES 124 1219.b Road Striping - 4" Wide Striped Yellow Epoxy Paint (9' Stripe/15' Space) 4,425 LF $1.50 $6,637.50 1219.c Road Striping - 4" Wide Solid White Epoxy Paint 500 LF $1.50 $750.00 1219.d Road Striping - 4" Wide Solid White Epoxy Paint (9' Stripe/15' Space) 1,985 LF $1.50 $2,977.50 1219.e Road Striping - 8" Wide Solid White Inlaid Thermoplastic 582 LF $12.00 $6,984.00 1219.f Road Striping - 24" Wide Solid White Inlaid Thermoplastic 80 LF $36.00 $2,880.00 1219.g Median Bullnose Curb Paint - 24" Wide Solid Yellow Epoxy Paint 18 LF $10.00 $180.00 SUBTOTAL $1,220,803.70 SCHEDULE 0 - MISCELLANEOUS SCHEDULE I - ROAD DEMOLITION & EXCAVATION TO SUBGRADE SCHEDULE II - ROAD IMPROVEMENTS 123