HomeMy WebLinkAboutResolution 5053 Ordering a Referundum on the Question of Creating a Parks and Trails Special District 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.
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 December 2, 2019, the Commission conducted a public hearing to hear comment on
the question of whether to order a referendum on creation of a Parks and Trails Special
District(the "District").
Resolution 5053, Calling for a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
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 facilities funded by
the Parks and Trails Bond. The District will address park and trail deferred maintenance
currently valued at over $6.8 million. Finally, the District creates one consistent level of
service and point of contact for all city-owned parks and trails, thereby eliminating over
time 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
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 costs of the District are 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
Page 2 of 10
Resolution 5053, Calling for a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
owners,the City will incorporate any other District revenues that may be available,including those
from fees for park rentals, etc.
The City will annually assess the costs of the District to all owners of real property within the
incorporated city limits upon the assessable area of each lot or parcel, expressed in square feet.
The lot or parcel area will be limited to the maximum square footage assessed for the zoning
designations as listed in the table below. This is the same method of assessment as is used for the
City's existing Street Maintenance District and Arterial and Collector District assessments. The
following table demonstrates the assessment methodology the City will use upon creation of the
District:
Zoning Maximum assessment square footage(Cap)
R-1 15,000 square feet
R-2 15,000 square feet
R-3 15,000 square feet
R-4;R-5 15,000 square feet
RMH 8,250 square feet/unit
RS 15,000 square feet
RO No Cap on developed parcels.
Cap of 15,000 square feet on undeveloped(parcels that
have no structures and have not received subdivision
review.)
PLI(including MSU, 25% of total square footage
Schools,Govt,
Hospital,&Public
Owned property)
REMU;NEHMU; No Cap on developed parcels
UMU
Cap of 15,000 square feet on undeveloped(parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square feet on undeveloped(parcels that
have no structures and have not received subdivision
review.)
All Manufacturing No Cap on developed parcels
Zones
Cap of 15,000 square feet on undeveloped(parcels that
have no structures and have not received subdivision
review.)
Page 3 of 10
Resolution 5053, Calling for a Referendum on the Creation of the City ofBozenian Parks&Trails Special District
For non-conforming residences located in business and manufacturing zoning district without any
business or manufacturing use attached,there shall be a maximum of 15,000 square feet assessed.
This method of assessment shall be made pursuant to 7-11-1024(3)(a)(i) and(vii)which states:
(i) 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; and (vii) any
combination of the assessment options provided in subsections (3)(a)(i)
through(3)(a)(vi) may be used for the special district as a whole.
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 budget, and estimate of
expenses for the work and 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 City Commission may change the method of assessment during
the annual budget process to a different method or combination of methods that comply with
Montana law.
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
Page 4of10
Resolution 5053, Calling for a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
or maintained parks and trails including those currently maintained by private entities such as a
property owners 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 park related facilities at Glen Lake Rotary
Park, and park related facilities at the Sports Park may be paid for using District funds.
The repair and maintenance of recreation facilities even if located within a park are not to be
financed by the District. These include structures primarily serving the City's aquatic and
recreation programs, including Beall Center, Lindley Center, the Bozeman Swim Center, Bogert
Pool, Story Mill Community Center, and Story Mansion.
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 related to City owned or managed parks and trails which are or will be
under the responsibility and care of the Bozeman Parks and Recreation Department.
Section 5
Benefitted PropertX.
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.
Page 5 of 10
Resolution 5053, Calling for a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
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.
Section 7
Administration of the Proposed District.
The District shall be governed by the Bozeman City Commission pursuant to the general exercise
of its duties,responsibilities,and powers as respectively set forth in the City Charter,the Bozeman
Municipal Code,and Montana law.As limited by the Bozeman City Charter,the City Commission
shall exercise ultimate authority over the District and may exercise all powers on behalf of the
District as described 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 requests 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. The notice must be in a form
substantially similar to that which is attached as Exhibit C.
Page 6 of 10
Resolution 5053, Calling for a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
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
be adopted?
o Yes
o No
(By voting yes, you support creation of City of Bozeman Parks and Trails Special
District and authorize the City to annually levy assessments for the purpose of
providing maintenance, purchasing, and improving services for City-owned or
managed parks, open space and trails, related amenities and facilities, 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 2, above, is
approved, the Commission 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
Page 7 of 10
Resolution 5053, Calling for a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
Clerk and Recorder; and(iii)immediately notify the Bozeman City Clerk of the passage of
the referendum.
2. The Commission 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 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 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; and
d. A copy of the resolution establishing the District pursuant to subsection three of
this Section.
The City requests upon submittal of the resolution described in subsection three of this
section, 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.
Page 8 of 10
Resolution 5053, Callingfor a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
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 Commission will deposit any assets remaining after all debts and obligation of 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.
Page 9 of 10
Resolution 5053, Calling for a Referendum on the Creation of the City of Bozeman Parks&Trails Special District
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman,Montana, at a regular session thereof held on the 2nd day of December, 2019.
/CYNT .ANDRUS
Mayor
ATTEST: 8 0 2�''•
■ �C
ROBIN CROUGH
as •
City Clerk •
`9?7N Co.
APPROVED AS TO FORM:
GRE6ShLIVAN
City Attorney
Page 10 of 10
= q
]Exhibit A �
Parks & Trails
Special District Boundary
a
q G�,1 YON RD
� 9GLR
W 0 Q BRIDGER-DR
BAXTER LN 0
W OAK ST
q
z a
z
DUR STON•RD W W PEACH ST.
Y Y D
x Fd
d W MAIN ST BOZemNNAIN Sr
W BABCOCKSTo
`l HUFFINE.LN W COLLEGE ST FRONTAGE RD
U x
O iW KAGY.BLVD Cx7
U a
q STUCKI RD
O q
z
00 GRAF ST G
x a
U or
x
104 --GOLDENSTEIN LN
co ❑
Miles
0 1/2 1 2
Legend
N Parks &Trails Special District Boundary
Display created by the City of Bozeman
Strategic Services Division
Created:5/7/2019
Exhibit B to Resolution 5053
CITY OF BOZEMAN PARKS AND TRAILS SPECIAL DISTRICT
The boundary of the City of Bozeman Parks and Trails Special District 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.
TO: Advertising, Bozeman Daily Chronicle
FROM: Eric Semerad, Gallatin County Cleric and Recorder and Election Administrator
MESSAGE: Please publish this notice as a DISPLAY AD on, [insert date], [insert date]
and [insert date], 2020. (Please make column 2 x 3 inch or necessary.)
E-mail proof to eric.semerad(&gallatin.mt.gov and casey.hayesAgallatin.mt. ov.
Send tearsheets and an affidavit with our invoice to: Gallatin County Election Dept.,
Account No. 24GCELEC.
The notice below includes the heading.
Thank you.
NOTICE OF SPECIAL DISTRICT ELECTION
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
May 5,2020
NOTICE IS HEREBY GIVEN that a special district election will be held on May 5,2020,for the
purpose of voting on the question of whether to create the City of Bozeman Parks and Trails
Special District.
The boundary of the City of Bozeman Parks and Trails Special District 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.
All persons who possess all of the qualifications required of electors under the general election
laws of the State of Montana and are residents of the proposed districts or owners of taxable real
property situated within the boundaries of the proposed district or as otherwise set forth in Title 7,
Chapter 13,Parts 22 and 23,MCA, shall be entitled to vote at this election.
The election will be conducted solely by mail ballot. Ballots will be mailed on or about April 14,
2020, to all eligible registered voters in the County, and must be returned by each voter, by mail
or in person to the County Election Administrator's Office, Gallatin County, 311 West Main
Street, Room 103, Bozeman, Montana, during regular business hours (8:00 a.m. — 5:00 p.m.),
weekdays,Monday through Friday.
On Election Day, May 5, 2020, the only place for deposit of voted ballots will be the County
Election Administrator's Office, Gallatin County, 311 West Main Street, Room 103, Bozeman,
Montana,which will be open from 7:00 a.m. to 8:00 p.m., and all ballots must be in that office by
8:00 p.m. in order to be counted. All ballots will be counted on May 5, 2020, in accordance with
Montana law with results being released after 8:00 p.m. on that day.
A qualified voter who will be absent from the District during the time the election is being
conducted may vote in person in the office of the County Election Administrator as soon as the
ballots are available which will be Monday, April 6, 2020. All ballots to be mailed will be
mailed no later than April 20,2020.
A person qualified to vote may obtain a replacement ballot if his ballot is destroyed, spoiled, lost
or, not received by the elector by personally appearing at the office of the County Election
Administrator and by:
(a) signing an affidavit form stating the reason for the request for replacement; and
(b) if the reason given for replacement is "spoiled ballot," by returning the spoiled
ballot to the office of the County Election Administrator.
DATED this day of , 2020.
Eric Semerad
Election Administrator