HomeMy WebLinkAbout06-03-19 City Commission Packet Materials - A6. Decision on Method of Creating a Parks and Trails Special District and Res 50531
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mitch Overton, Parks and Recreation Director
Kristin Donald, Finance Director
Greg Sullivan, City Attorney
Chuck Winn, Assistant City Manager
Andrea Surratt, City Manager
SUBJECT: Decision on Method of Creation of a Parks and Trails Special District and
Adoption of Resolution 5053 Submitting the Question of a Citywide Parks and Trails Special
District to the Electorate at the Regular School Election in May 2020 or at a Special Election
during Fiscal Year 2020.
MEETING DATE: June 3, 2019
AGENDA ITEM TYPE: Action
STRATEGIC PLAN: This project aligns with Vision Statement 4, A Well Planned City which
states, “We consistently improve our community’s quality of life as it grows and changes,
honoring our sense of place and the ‘Bozeman feel’ as we plan for a livable, affordable, more
connected city”. Strategy 4.3 Strategic Infrastructure Choices – Prioritizing long-term investment
and maintenance for existing and new infrastructure, lists Action Item: “a) Develop a
Comprehensive Parks Maintenance and Facilities Funding Program.”
CITY MANAGER’S RECOMMENDED MOTION: The City Manager recommends the City
complete the process of creation of the Parks & Trails Special District prior to the end of
calendar year 2019. To do so, at this time (explained below) the City Manager recommends the
Commission adopt the following motion: I move to direct the City Manager to bring to the City
Commission a resolution of intent to create a park and trails special district by resolution and
protest in time for the district to be created prior to the end of calendar year 2019 .
We are currently working with the Gallatin County Elections Administrator to determine
whether the City may conduct a special election to create the Parks & Trails Special District by
referendum this fall. As of the date of publication of this memo we do not have a final resolution
on this issue but will prior to the Commission meeting on June 3rd. If the County agrees with us
432
2
that the City can conduct a referendum by special election this fall the City Manager’s
recommendation will change to conducting a referendum to be completed prior to the City’s
general election.
As discussed below, Montana law does not authorize the City Commission to call for a vote on
the creation of a special purpose district on the same day as the general city election this coming
fall. As a result, and as discussed below, we suggest the Commission revisit the method of
creation of a Parks & Trails Special District (the District) and, rather than having the method of
creation drive the date of creation we suggest the date of creation be the most important
consideration. Hence, because of the current uncertainty of a special election this fall, the
recommendation is to create the district by resolution with protest. However, if the Commission
determines to create the District by referendum rather than through resolution and protest, at this
time, the clearest path forward is to do so at the school district election in May 2020. As such,
this action item authorizes the City Commission to take alternative actions. These are explained
below.
First, if the Commission determines to stay with the previously adopted approach of sending the
question of creation directly to a referendum, the Commission may pass the alternative motion
#1, below, adopting Resolution 5053 as currently drafted. If the County agrees a special election
is authorized this fall, the Commission may set the date for a special election by adopting the
alternative motion #2, below.
Second, as recommended by the City Manager, if the Commission determines to change course
and instead create the District by resolution subject to protest by owners of property in the
District, the Commission should adopt the recommended motion above.
Alternative Motion #1 (May 2020 Election):
I move to adopt Resolution 5053 submitting the question of a citywide park and trails special
district to the voters and direct the City Manager to proceed with the necessary steps to place the
question on the May 5, 2020 ballot.
Alternative Motion #2 (Special Election if County Agrees):
This motion will have two parts: one to adjust the dates from the May 5, 2020 school district
election to the date the City and County’s Elections Administrator agree upon to conduct a
special election and to replace the ballot language currently in Resolution 5053 with the ballot
language included below. As such, we suggest the Commission adopt the following motions:
1. I move to amend all references to a May 5, 2020 election in Resolution 5053 to [insert
date];
2. Include references to a special election as appropriate including references that clearly
indicate the City will ask a question affecting district funding; and
433
3
3. I move to replace Section 9 with the ballot language identified in the Staff memorandum
for a mail ballot special election to occur on [insert same date as #1].
The alternative ballot language is below:
“Section 9
Required Ballot Language.
The question to be placed on the [insert date] ballot, shall read as follows:
Shall the proposition to organize the City of Bozeman Parks and Trails Special
District No. 1 be adopted and in doing shall the City of Bozeman be authorized to
annually levy assessments against real property for the costs and expenses of the
District in an amount not to exceed $0.018 per square foot for Fiscal Year 2021,
$0.021 per square foot for Fiscal Year 2022, and annually thereafter in an amount to
be determined each year by the City Commission?
○ Yes
○ No
(By voting yes, you support creation of City of Bozeman Parks and Trails Special
District No. 1 and authorize the City to annually levy assessments for the purpose of
providing maintenance, purchasing, and improving services for City-owned
facilities, land, personnel, supplies and equipment under the responsibility and care
of the City of Bozeman Parks & Recreation Department and providing for other
matters properly relating thereto.)”
BACKGROUND ON PARK & TRAIL DISTRICT: A citywide Park and Trail Special
District or equivalent has been anticipated, planned and recommended since roughly 1996. At
that point, the City was experiencing rapid growth in the development of new subdivisions and
the required dedication of public parkland to meet the recreational needs of the increase in
developments and population. However, the City was unable to keep up with the funding,
management and maintenance requirements of the rapid increase in public parkland. By 2004, it
became standard practice for the City to require property owners associations to maintain their
dedicated parkland until which time a citywide parks maintenance district was created to do the
same. This requirement is indicated on the subdivision final plat.
The 2007 Parks, Recreation, Open Space and Trails (PROST) Plan 10.2 Top Ten Non-Facility
Recommendations calls to “Evaluate and implement a citywide Parks Maintenance District or
some equivalent alternative.” The item ranked as priority number 4 based on survey results,
public input and level of service analysis. Subsequently, in 2011 and 2013 two different
434
4
Montana State University (MSU) students conducted research papers on the potential creation of
a parks maintenance district in Bozeman.
In 2015, the City implemented a work order and asset management solution (Cityworks) to
record all costs associated with Park Division operations and maintenance. This information was
used to compile current and future cost estimates, based on an extensive asset inventory. Three
years of operations data including labor, equipment and material costs for all crews were
averaged to determine a baseline for current operations (11/8/15 – 12/3/18). Approximately
23,108 Cityworks work orders were completed for 223 different work activities across 39 asset
classes (1,234 individual assets).
In 2016, the City of Bozeman received a grant to contract with the Trust for Public Land (TPL)
to perform a Conservation Finance Feasibility Study that showed examples of how the city could
create a Park and Trail Special District similar to the City’s Tree Assessment or Street
Maintenance Assessment. The following year the City contracted with Peaks to Plains Design
and PROS Consulting to conduct a Park and Trail District Feasibility Study. This team
presented to the City Commission in February and July of 2018. At the February 26, 2018
meeting, the City Commission voted to pursue creation of a citywide Park and Trail Special
District and at the July 23, 2018 meeting, voted on the desired level of service in which to plan
such a special district.
The Recreation and Parks Advisory Board voted unanimously (9-0) at their February 14, 2019
meeting to “recommend that the City Commission take the necessary steps to enact a Park and
Trail Special District generally utilizing the Strategic Implementation Schedule identified within
the Park and Trail District Implementation Plan”.
On March 4, 2019 the City Commission voted to direct the City Manager to take the necessary
steps to implement a city-wide Parks and Trails District over a five year period and to create the
District by referendum at the November 2019 General Election.
A citywide park and trail district is attempting to solve three major issues:
1. Deferred Maintenance: The cost of deferred maintenance in our parks and trails is
currently ~$6.8 million. This includes assets that need repaired or replaced because they
are beyond their useful life. All three start-up options fund deferred maintenance. Once
the catch-up period is completed, the Capital & Deferred Maintenance Budget can be
reduced immediately.
2. Operations and Maintenance: Our current level of service for park and trail maintenance
is reactionary in nature. In July 2018, the Commission chose a level of service that
creates a more proactive operation. This will result in less deferred maintenance over
time and a better user experience across all city-owned parks and trails. The District will
provide a funding source for current city parks and trails, new park projects coming on-
435
5
line soon (Story Mill Park, Sports Park, Path to the M, etc.) and 235 acres of
neighborhood parks and trails throughout the city that property owners associations are
currently maintaining.
3. Equity:
a. The District includes City maintenance responsibility for all City dedicated parks
and trails. This creates a minimum standard to which all public parks and trails
can be maintained, ensuring that all Bozemanites have access to quality parks and
trails.
b. A citywide district eliminates the need for homeowner associations (HOAs) to
maintain city parks and trails in their subdivision through HOA fees. These
property owners who currently pay both general taxes and HOA fees for park and
trail maintenance will no longer be paying a higher share of the total system costs.
All property owners will pay an annual assessment for park and trail maintenance.
BACKGROUND/ELECTION TIMING: The following provides background information on
the recommended motion and the alternative motions discussed above. As mentioned above, at
the March 4, 2019 City Commission Meeting, the Commission voted to direct the City Manager
take the necessary steps to implement a city-wide Parks and Trails Special District over a five
year period and to create the District by referendum at the November 2019 General Election.
You can find more background information on this decision here (link to 3/4/19 packet
materials).
However, while taking the necessary steps to place the Special District question on the ballot the
City Attorney’s Office determined a special purpose district election may not be held on the
same day as the general city election pursuant to changes in state law that became effective in
2015. State law authorizes creation of a special purpose district election on either the same day
as the general school election (first Tuesday after the first Monday in May) or, if in addition to a
referendum to create the district the Commission asks a question related to district funding, such
as assessments, the election may be held as a special election. A special election cannot be held
on the same day as a general election or a primary election but may be held on any other day as
agreed to by local election administrators.
The City Attorney’s Office has been in discussions with officials from Gallatin County regarding
the mechanics of a special election. As noted above, as of the date of publication of this
memorandum, we have not obtained finality on the County’s position concerning whether a
special election can be conducted to create a special purpose district. If additional information is
made available that indicates, as we believe, the City is authorized by Montana law to conduct a
special election to create and address district funding, the City Manager’s recommendation will
change. As more information is made available, we will provide it to you.
Again, as the City Manager’s recommendation at this time is to take all steps necessary to
create the District prior to the end of 2019, the method clearly available to the City at this
436
6
time is to create the District by resolution with protest. As such, we again provide
information on the resolution and protest process.
The City Commission may create a special district by resolution subject to protest, order a
referendum on the creation of the District, or use a process that would require both a resolution
with protest and a referendum. The creation of a special district by Commission resolution
includes several steps. First, the Commission must adopt a resolution of intent to create the
special district. 7-11-1007, MCA. The resolution, among other things, must describe the general
character of the improvements and the estimate cost and method of financing and assessing for
the costs of the proposed program or improvements. Upon adoption of the resolution of intent,
the Commission must publish notice of passage of the resolution and mail a copy of the notice to
each owner of properties to be assessed. For a Parks and Trails Special District, this would mean
mailing to owners of almost every property within the City (some tracts of real property will not
be included in the District including parkland).
The mailing commences a protest period. Owners of property that will be assessed have the right
to protest the creation of the District. The protest period is sixty (60) days from the date of
publication/mailing of the notice. The City is required to send each property owner a
protest/support form. At the end of the protest period, the Commission must conduct a hearing to
consider all protests. Two thresholds are important in determining the Commission authority at
the end of the protest period. First, if owners representing properties to be assessed for more than
10% but less than 50% of the cost of the improvements protest, the Commission cannot create
the district absent ordering a referendum. If protest is made by the owners of property to be
assessed for 50% or more of the costs of the improvements the Commission may not take any
further action for at least 12 months.
As noted in the information for the March 3, 2019 Commission packet material, if protests are
received by owners representing more than 10% of the total assessments the Commission can
only create the District by ordering a referendum. As such, if the Commission desires to create
the District by the resolution of intent/protest process and desires to conduct a referendum if the
protest threshold of 10% is met, the recommendation is that the Commission complete the
resolution of intent/protest process prior to the end of this current calendar year. Doing so will
allow sufficient time to adopt a resolution ordering a referendum in January 2020 to ensure the
referendum can be placed on the May 5, 2020 ballot. As the resolution of intent/protest is a three
to four month process, we suggest the Commission adopt the resolution of intent no later than
mid-September.
SNAPSHOT OF PROTEST PERIOD:
Significant staff time during 60-day protest period will be required. During this time, we need to
have "all hands on deck" in the following offices to answer questions from the public and
process returned protest/support forms.
• City Clerk's Office - Publishes notices and mails notices and forms to all property
owners. Primary point of contact for protest forms. Fields questions from owners about
437
7
impacts of district creation, deadlines, and technicalities of protesting requirements
(condo ownership, property with waivers). Receives and records protest forms in the
mail and from walk-in customers.
• Legal Office - Validates protest forms as to whether they meet statutory requirements
and/or waiver exclusion. Answers more difficult questions about condo protest
processes, waivers, etc. Prepares District creation documents.
• Finance Office - Tracks all protest forms as to % of district area/dollar value protested.
Tracks multiple scenarios: Those meeting statutory requirements, those not meeting
statutory requirements, those condominium owners not meeting statutory requirements,
and those indicating that they "support" the measure. Validates final % of protest for
creation Resolution. Fields questions from owners about the impacts of district creation
and their annual assessment bills.
• Parks Office - Receives questions from the public about District creation. Answers
questions about district phasing and elements included in the district.
• City-wide - assist members of the public with the questions that would be coming up as a
result of the mailing. We had general training for department administrative assistants
and front-of-office personnel across the organization for the Arterial and Collector
District formation.
• Strategic Services – Compile all previously filed waivers of right to protest the creation
of a park maintenance district and create database for tracking protests during the protest
period. This will require significant research into annexation agreements and recorded
plats, which will require hiring temporary staff and may result in the delay of other
previously scheduled work projects.
In determining which method of creation to use and the timing of such creation, the Commission
should consider other issues. First, creation of the District by the end of this current calendar year
will provide the City Manager and Commission the ability to develop a budget for FY21 without
having to prepare alternative proposed general fund budgets for FY21. The creation of
alternative general fund budgets would be necessary because no final determination on creation
will be made prior to introduction of the proposed FY21 budget. The City develops its budget for
the coming fiscal year beginning with capital planning in the fall, and then operations budgets
are prepared beginning in January through March. In April the City Manager’s proposed budget
is finalized and presented to the Commission in early May – the same time as a possible
referendum. From our view, this is a critical issue to consider.
Second, creation of a special district by referendum requires the City to pay the costs of the
election. Because, unfortunately, the legislature now prohibits the City from conducting a special
purpose district election on the same day as the city’s general election any election will require
the City to pay for the election. An election shared with the School District in May of 2020 will
be less expensive (approximately $50,000.00) than a stand-alone special mail ballot election
which could costs upwards of $100,000.00. Staff has tentatively identified capital projects,
including the PROST Pan Update and Commission Room Remodel, which can be delayed or cut
from the CIP to provide the necessary funding for a referendum.
438
8
Next, creation of a special district through the resolution and protest process may certainly be
less expensive in terms of direct cash outlay for a referendum but there are costs. Under this
process, as noted above, the City must mail notices of passage of the resolution of intent to create
to all property owners. We estimate this could costs upwards of $10,000 in mailing and noticing.
In addition, as we’ve indicated in the past, administering the protest process will take significant
staff time from the following departments: Administration, City Clerk, Finance, City Attorney’s
Office, Parks and Recreation, and Strategic Services. It is difficult for us to quantify these costs
but during the time leading up to the resolution of intent and the end of the protest significant
staff time from these departments will be required. This will require an adjustment in the
timelines of certain projects identified for completion this fall/winter in the Strategic Plan/Work
Plan. A complete listing of those project adjustments can be shared with the Commission if this
path is selected.
FISCAL EFFECTS:
In addition to the issues of creation identified above, we identify the need to address financial
issues related to the creation of the District for purposes of public education. At a point to be
determined in the future, City Commission needs to provide the City Manager direction on how
the general fund will be adjusted to account for the new Parks and Trails Special District
implementation.
NEXT STEPS:
If the Commission adopts the recommended motion we will work this summer to bring a
resolution of intent to the Commission after Labor Day. If the Commission approves the
alternative motion for a resolution ordering a referendum (regardless of the date of the election)
the City will need to establish an incidental political committee through the Montana
Commissioner of Political Practices and report expenditures on the educational effort.
UNRESOLVED ISSUES: How to best re-allocate the existing General Fund Dollars currently
used to fund the Parks Division.
ALTERNATIVES: As suggested by the City Commission.
Attachments:
Resolution 5053
439
Page 1 of 8
RESOLUTION NO. 5053
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING A REFERENDUM ON THE QUESTION OF CREATING A
PARKS AND TRAILS SPECIAL DISTRICT WITHIN THE INCORPORATED LIMITS
OF THE CITY OF BOZEMAN, MONTANA FOR AN ELECTION TO BE HELD ON THE
SAME DAY AS THE REGULAR SCHOOL ELECTION DAY IN MAY OF 2020
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
Legislative Findings/Necessity for the District:
In addition to oral findings made by the City Commission during adoption of this Resolution, the
Commission hereby finds:
1. The City of Bozeman, Montana (the “City”) is a self-governing municipality organized and
existing pursuant to its Charter and the laws of the State of Montana.
2. The Bozeman City Commission (the “Commission”) is authorized by Montana Code
Annotated (“MCA”) Title 7, Chapter 11, Part 10, to create special districts to serve the
inhabitants of the special district.
3. Pursuant to 7-11-1003(1)(a)(ii), the Commission may order a referendum on the question
of creation of a special district.
4. On June 3, 2019, the Commission conducted a public hearing to hear comment on the
question of whether to order a referendum on creation of the District.
440
Resolution 5053, Calling for a Referendum on the Creation of Parks & Trail Special District No. 1
Page 2 of 8
5. The Commission determines the public convenience and necessity require the creation of
the District because the funding requirements for city park and trail maintenance exceeds
available funds in the General Fund, significant new park and trail facilities come on-line
in fiscal years 2019 and 2020 and with the construction funded by the voter approved Parks
and Trails Bond of 2012, no funds were allocated for maintenance of said facilities. The
Special District will address park and trail deferred maintenance currently valued at over
$6.8 million. Finally, the Special District creates one consistent level of service and point
of contact for all city-owned parks and trails, thereby eliminating the need for individual
homeowner associations to maintain city parks and trails.
Section 2
Ordering of Referendum/Name of District.
The City Commission hereby orders a referendum be conducted on the question of creating the
City of Bozeman Parks and Trails Special District No. 1 (“District” or “Special District”) with
such referendum to be held on May 5, 2020. The Gallatin County Elections Administrator is hereby
requested to take all steps necessary to place the ballot language as provided for in Section 9,
below, on said election ballot.
Section 3
Type and Maximum Rate of Assessments.
Beginning in fiscal year 2021, the cost of the services to be performed in the District is estimated
to be $3,920,799. The costs of the District in Fiscal Year 2022 is currently estimated to be
$4,546,639 and in Fiscal Year 2023 estimated to be $4,781,017. If approved, the City will continue
the District beyond Fiscal Year 2023 with costs for each year to be determined by the Commission
during its annual budget process. Notwithstanding the above estimates, each year, as part of its
regular budget process, the City will estimate the total costs of the District for the following fiscal
year. In establishing the annual assessment of costs to property owners, the City will incorporate
441
Resolution 5053, Calling for a Referendum on the Creation of Parks & Trail Special District No. 1
Page 3 of 8
any other District revenues that may be available, including those from fees for park rentals, etc.
The City shall base the annual assessment on the square footage of each parcel within the Special
District with the maximum assessable area being 15,000 square feet per parcel.
This method of assessment shall be made pursuant to 7-11-1024(3)(a)(i) which states:
The governing body shall assess the percentage of the cost of the program or
improvements (a) against the entire district as follows: (i) each lot or parcel
of land within the special district may be assessed for that part of the cost that
its assessable area bears to the assessable area of the entire special district,
exclusive of roads, streets, avenues, alleys, and public places.
In accordance with 7-11-1021, MCA, and 7-11-1025, MCA, prior to annually levying assessments
necessary to carry out the services to be performed in the District, each year the City Manager
shall prepare, or cause to be prepared, for Commission approval, a work plan, budget, and estimate
of expenses for the services to be performed in the District and the Commission shall specify the
method of assessment for the lots and parcels of land located in the District, provide for any
methods of financing such services, publish notice and conduct a public hearing on such
assessments before finally adopting a resolution levying assessments against the lots and parcels
of land in the District. The Commission must annually adopt a resolution establishing the annual
assessment for the District.
The special assessment for the costs of providing services in the District shall be payable as
provided in 7-11-1024, MCA through 7-11-1028, MCA.
Section 4
Types of Activities Proposed to be Financed.
The activities proposed to be financed by the District include maintenance of existing City-owned
parks and trails including those currently maintained by private entities such as a property owners
442
Resolution 5053, Calling for a Referendum on the Creation of Parks & Trail Special District No. 1
Page 4 of 8
association. This includes but is not limited to parks and park facilities such as Bogert Park, Cooper
Park, the Bozeman Sports Park, Story Mill Park, the Path to the M, Bronken Park, linear parks,
and any trail or other parks owned by or managed by the City. In addition, the maintenance, repair,
or construction of any other park and park related facilities owned by, managed by or to be owned
by the City which may be managed by the City’s Parks and Recreation Department such as but not
limited to facilities at Glen Lake Rotary Park, the Path to the M, and facilities such as Beall Center,
for example, may be paid for using District funds.
Other activities the City proposes to finance using assessments levied against properties in the
District include maintenance and acquisition of City owned land, personnel, capital improvements,
materials and equipment under the responsibility and care of the Bozeman Parks and Recreation
Department.
Section 5
Benefitted Property.
The territory included within the limits and boundaries described in Section 6 and as shown on
Exhibit A and described in Exhibit B, is hereby declared to be the territory which will benefit
from and be benefitted by the types of activities proposed to be financed and will be assessed for
the costs of such as described in this Resolution.
Section 6
Description of the Areas Included within the Proposed District.
The limits and boundaries of the District are declared to be the incorporated boundary of the City
of Bozeman as amended from time to time by annexation. The current boundaries of the City are
depicted on a map attached hereto as Exhibit A and described in Exhibit B.
443
Resolution 5053, Calling for a Referendum on the Creation of Parks & Trail Special District No. 1
Page 5 of 8
Section 7
Administration of the Proposed District.
The District shall be governed by the Bozeman City Commission pursuant to the general respective
exercise of its duties, responsibilities, and powers as respectively set forth in the City Charter, the
Bozeman Municipal Code, and Montana law. The City Commission shall exercise ultimate
authority over the District and may exercise all powers on behalf of the District enumerated in 7-
11-1021(3), MCA and any other power it determines necessary to carry out the purposes of the
District not otherwise prohibited by law. The annual financial planning for the District will be
carried out as part of the City’s regular annual budget processes.
Section 8
Conduct of the May 5, 2020 Election and Transmittal of Resolution to Gallatin County Election
Administrator.
The Commission hereby requests that the City Clerk transmit a certified copy of this Resolution
to the Gallatin County Elections Administrator within ten (10) days of the Commission’s
adoption of this Resolution. The City Commission request the Gallatin County Elections
Administrator conduct the election called for by this Resolution by mail pursuant to 13-1-504(5),
MCA and take all necessary steps to properly notice this election pursuant to law.
Section 9
Required Ballot Language.
The question to be placed on the May 5, 2020 ballot, shall read as follows:
Shall the proposition to organize the City of Bozeman Parks and Trails Special District
No. 1 be adopted?
444
Resolution 5053, Calling for a Referendum on the Creation of Parks & Trail Special District No. 1
Page 6 of 8
○ Yes
○ No
(By voting yes, you support creation of City of Bozeman Parks and Trails Special
District No. 1 and authorize the City to annually levy assessments for the purpose of
providing maintenance, purchasing, and improving services for City-owned facilities,
land, personnel, supplies and equipment under the responsibility and care of the City
of Bozeman Parks & Recreation Department and providing for other matters properly
relating thereto.)”
Section 10
Individuals Entitled to Vote.
An individual is entitled to vote if the individual is a registered elector of the state of Montana and
a resident of, or owner of, taxable real property within the limits of the City of Bozeman.
Section 11
Requirements if Proposition is Approved.
1. Pursuant to 7-11-1011(6), MCA, if the referendum called for in Section 1, above, is
approved, the City requests the Gallatin County Elections Administrator: (i) immediately
file with the Montana Secretary of State a certificate stating that the referendum was
adopted; (ii) record the certificate in the office of the Gallatin County Clerk and Recorder;
and (iii) immediately notify the Bozeman City Clerk of the passage of the referendum.
2. The City also requests the Montana Secretary of State, within ten (10) days of receipt of
the above described certificate from the Gallatin County Elections Administrator, issue a
certificate reciting that the City of Bozeman Parks and Trails Special District Number 1
445
Resolution 5053, Calling for a Referendum on the Creation of Parks & Trail Special District No. 1
Page 7 of 8
has been established according to the laws of the state of Montana and transmit such
certificate to and file with the Gallatin County Clerk and Recorder.
3. If the referendum is adopted, the City Commission must within 30 days after approval of
the referendum issue an order by resolution creating the district in accordance with the
terms of the referendum.
4. Within sixty (60) days after the election the City Manager must provide the following to
the Montana Department of Revenue:
a. A legal description of the District;
b. A map of the District boundaries;
c. A list of the property taxpayers or owners of real property within the District
boundaries;
d. A copy of the resolution establishing the District pursuant to subsection 3 of this
Section.
The City requests upon submittal of the resolution described in this subsection, that the
Montana Department of Revenue review the information provided and work with the City
to identify and correct any discrepancies before the information is recorded by the
Department.
Section 12
Duration and Dissolution of District.
The District shall endure until the time it is formally dissolved pursuant to law. Should the District
be created, the District may be dissolved if the Commission determines dissolution of the District
to be in the best interest of the City or the inhabitants of the City or if the purpose for creating the
district has been fulfilled and the District is not needed in perpetuity. Should the District be
dissolved, the City Commission will deposit any assets remaining after all debts and obligation of
446
Resolution 5053, Calling for a Referendum on the Creation of Parks & Trail Special District No. 1
Page 8 of 8
the District have been paid, discharged, or irrevocably settled into the general fund of the City and
any such assets or funds may be spent for the purposes established herein.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 3rd Day of June, 2019.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
447
Service Layer Credits: Esri, HERE, Garmin,(c) OpenStreetMap contributors, and the GISuser community
Service Layer Credits: Esri, HERE, Garmin,(c) OpenStreetMap contributors, and the GISuser community
INTERSTATE 90 HWY
S 19TH AVEDURSTON RD
STUCKY RD
FRONTAGE RD
S 11TH AVEW MAIN ST
COTTONWOOD RDGOOCH HILL RDBAXTER LN
W BABCOCK ST
W OAK ST
N 7TH AVEHUFFINE LN DAVIS LNE VALLEY CENTER RD
N19THAVES3RDAVEW COLLEGE STHARPERPUCKETTRD E MAINST
SOURDOUGHRDW KAGY BLVD N ROUSE AVEBRIDGER DR
HIGHLANDBLVDSPRINGHILL RDGRAF ST
B R IDG E R C A N YON RD
EKAGYBLVD
W PEACH ST
GOLDENSTEIN LNS 3RD AVEFRONTAGE RD
S 11TH AVELegend
Parks & Trails Special District Boundary´0 1 2½Miles
Parks & TrailsSpecial District Boundary
Display created by the City of BozemanStrategic Services DivisionCreated: 5/7/2019
Exhibit A
448
Exhibit B to Resolution 5053
CITY OF BOZEMAN PARKS AND TRAILS SPECIAL DISTRICT NO. 1 BOUNDARIES
The boundary of the City of Bozeman Parks and Trails Special District No. 1 is described as all
land within the incorporated boundary of the City of Bozeman, Gallatin County, Montana, in
accordance with City Commission municipal annexation resolutions and municipal annexation
ordinances filed in the Bozeman City Clerk’s public records as well as all properties later annexed
thereto, Parcels within the boundary are the current parcels subject to City of Bozeman property
taxes as shown in the tax rolls of the Montana Department of Revenue and inclusive of those
parcels that are exempt from property taxes except park land, common areas and greenways, open
space lands, and parcels used as a public street, and alley right-of-ways.
449