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Home My WebLink AboutResolution 5249 Creating SID No. 762 for Local Improvements to South 6th StreetVersion April 2020 RESOLUTION 5249 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 762 FOR LOCAL IMPROVEMENTS TO SOUTH 6TH AVENUE; 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 MUNICIPAL WARRANTS. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Proposed Improvements; Intention To Create District. The City proposes to undertake certain local improvements (the “Improvements”) to benefit certain property located in the City limits. The improvements consist of roadway improvements to South 6th Avenue between Babcock Street and Cleveland Street, including: repaving of the road, replacement of curbing, installation of storm drainage improvements, and pedestrian ramps, as more particularly described in Section 5. The total estimated costs of the Improvements are $2,192,200. Pursuant to Resolution 5174, $1,410,870.02 will be paid from the City’s Street Maintenance District fund, leaving $781,129.98 of the costs of the Improvements to be funded through the District (hereinafter referred to as the “District's Share of the Improvements”). It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, a special improvement district (the “District”) for the purpose of financing the District's Share of the Improvements and paying costs incidental thereto, including any costs associated with issuance of warrants drawn against special assessments to be paid by benefitted properties in the District (the “Warrants”), the creation and administration of the District, and the funding of an administrative charge to the General Fund for costs associated with financing of the Improvements (collectively the "Incidental Costs"). The DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Version April 2020 total estimated cost of the District's Share of the Improvements, including such Incidental Costs, to be financed is $782,129.98. The City Commission intends to provide the funds to pay the District’s Share of the Improvements and the Incidental Costs through a transfer of excess funds in the City’s Special Improvement District Revolving Fund (the “Revolving Fund”) to the City’s General Fund with such funds to be applied by the General Fund to finance the District’s Share of the Improvements and Incidental Costs. The City Commission intends to direct that the funds so applied will be evidenced by and will purchase the Warrants issued against the SID 762 South 6th Avenue Fund into which special assessments paid by owners of benefitted properties in the District will be deposited. The properties in the District subject to assessment will be specially benefited by the Improvements in an amount not less than $782,129.98. 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. 762 of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted by the continuous line circumscribing the exterior boundaries of the properties shown on the map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof) and includes all those lots and parcels on South 6th Avenue between Babcock Street and Cleveland Street which front directly on South 6th Avenue, legal descriptions of which are contained in Exhibit B hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. Section 4 Benefitted Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A and Exhibit B are hereby declared to be the special improvement district and the territory that will benefit from and be benefitted 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 benefitted by the Improvements. Section 5 General Character of the Improvements. The Improvements to be constructed DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Version April 2020 generally consist of removing the existing street pavement and curbing, installing a 33- foot-wide street section on South 6th Avenue with gravel base course material, asphaltic cement surfacing, City standard curbs and gutters, pedestrian ramps, traffic control signage and pavement striping, storm drains, and all related improvements on these streets. The Improvements shall include the engineering design, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage, and all necessary permits and appurtenances to complete the road installation. Each lot, parcel, or tract abutting such portion of South 6th Avenue, as set forth on the attached Exhibit B, will be improved with or benefitted by such Improvements. Section 6. Engineer and Estimated Cost. The City, acting through its City Engineer, shall be the engineer for the District. The Engineer has estimated the costs of the Improvements to be $2,192,000, as shown on Exhibit C, attached hereto (and hereby incorporated herein and made a part hereof). The City has committed $1,410,870.02 in Street Maintenance District funds, in accordance with Commission Resolution No. 5174, to the costs of the Improvements. The District's Share of the Improvements, plus the Incidental Costs, are $782,129.98. The District’s Share of the costs of the Improvements to be financed by the proceeds of the Warrants are shown on Exhibit B (which is hereby incorporated herein and made a part hereof). Section 7 Assessment Methods. 7.1. Property To Be Assessed. All properties in the District will be assessed for their proportionate share of the costs of the District's Share of the Improvements plus the Incidental Costs from which they derive a benefit as determined and set forth herein. The District's Share of the Improvements plus the Incidental Costs shall be assessed against the property in the District benefitting from these Improvements, based on the method as authorized by Section 7-12-4163, M.C.A., as particularly applied and set forth in Section 7.2 hereof. 7.2. Lot Frontage. The District's Share of the Improvements plus the Incidental Costs will be assessed using the lot frontage method of assessment. The Engineer has determined the lineal feet of the frontage on North Tracy Avenue of each lot, tract or parcel, based on current recorded plats and certificates of survey for each lot, tract or parcel of land, on file at the Clerk and Recorder’s office. The total lineal feet frontage of the District DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Version April 2020 to be assessed, exclusive of streets, roads, and rights-of-way, is 5,537.18 feet. The total estimated cost of the District's Share of the Improvements, including Incidental Costs, to be funded through the District is $782,129.98 and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs of the District's Share of the Improvements that the frontage of such lot, tract or parcel bears to the total frontage of all lots, tracts or parcels of land in the District, exclusive of streets, roads, and rights-of-way. The District's Share of the Improvements plus the Incidental Costs per lineal foot of frontage, exclusive of interest, shall not exceed $138 plus $3.07 for traffic calming additions. The estimated principal assessment for each lot, tract or parcel of land for the District's Share of the Improvements is shown on Exhibit C hereto. 7.4. Principal Amount Only; Interest Rate. The estimated dollar amount 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, pursuant to 7-12-4189(1), MCA, all unpaid special assessments will bear interest at a rate equal to the sum of the average interest rate payable on the outstanding Warrants 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 method of assessment described above and the assessment of costs of the District's Share of the Improvements against the properties benefitted thereby as prescribed in this Section 7 are equitable and in proportion to and not exceeding the special benefits derived from the Improvements by the lots, tracts and parcels to be assessed therefore within the District. Section 8 Payment of Assessments. The special assessments for the costs of the District's Share of the Improvements plus the Incidental Costs shall be payable over a term not exceeding (20) twenty years, each in equal semi-annual installments of principal, plus interest, or equal semi-annual payments of principal and interest, as this Commission shall prescribe in the resolution authorizing the issuance of the Warrants. 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 Warrants are issued, and excess Revolving Fund monies transferred to the City’s General Fund to purchase the Warrants thereby making available funds to finance the District’s Share of the Improvements including the Incidental Costs, 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. DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Version April 2020 Section 9 Method of Financing. The City on behalf of the District will issue the Warrants payable to the General Fund in an aggregate principal amount not to exceed $782,129.98 in order to finance a portion of the costs of the Improvements and all Incidental Costs. The City Commission intends to use excess monies of the Revolving Fund transferred to the General Fund to purchase the Warrants to make funds available to finance the District’s Share of the Improvements including the Incidental Cost, such Warrants to be held by the General Fund and drawn against the SID 762 South 6th Avenue Fund. Principal of and interest on the Warrants will be paid from special assessments levied against the benefitted properties in the District. In determining it intends to authorize a loan from the General Fund to the SID 762 South 6th Avenue Fund, this Commission has taken into consideration the following factors: (a) Diversity of Property Ownership. There are 84 (eighty four) separate parcels of land in the District, with 78 separate owners. (b) 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. (c) 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. (d) Delinquencies. The records of the County Assessor show that of the 28 taxable properties in the District, nine (9) properties have delinquent property taxes or annual city assessments. The total value of delinquent property taxes within the district equals $18,653.09 and the total delinquent city assessments equal $1,097.21. (e) The Public Benefit of the Improvements. The planned Improvements will preserve public safety by providing through lanes and drive approaches for DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Version April 2020 those who reside along this street or use the street to access their residences and businesses. Safety will be improved, especially for those properties within the District, by reconstructing roadway that has deteriorated beyond the point where it can be maintained and by installing pedestrian ramps and traffic control signage. The planned storm water collection improvements will benefit properties within the district by improving drainage and reducing the risk of flooding caused by major storm events. Section 10 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 (February 24, 2021) written protest against the proposed Improvements, or against the creation of the District. Such protest must be in writing, identify the property in the District owned by the protestor and be signed by all owners of the property. The written protest must be delivered to the City Clerk, who shall endorse thereon the date and hour of its receipt. 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 Commission will at its next regular meeting after the expiration of the protest period, on March 2, 2021, proceed to hear and pass upon all such protests so made and filed. Section 11 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution 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 the agent of such person, firm, or corporation having real property within the District listed in the owner's name upon the last completed assessment roll for state, county, and school district taxes, at the owners last- known address, on or before the same day such notice is first published. DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Version April 2020 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 February, 2021. _____________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Version April 2020 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. 5249, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 762 FOR LOCAL IMPROVEMENTS TO SOUTH 6TH AVENUE; 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 MUNICIPAL WARRANTS” (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 February 2nd, 2021, 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: Mayor Andrus, Deputy Mayor Cunningham, Commissioner Pomeroy, Commissioner Wallner, Commissioner Madgic; voted against the same: None_____________________________; abstained from voting thereon: None_______; or were absent: None________________________. WITNESS my hand officially this 3rd day of February, 2021. _______________________________________ City Clerk DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 S 6th Ave SID #762 ¯ Exhibit AW Babcock St toW Cleveland St S 6th AveS 5th AveS 7th AveS 7th AveW Babcock St W Olive St W Curtiss St W Koch St W Story St W Dickerson St W Alderson St W College St W Harrison St W Cleveland St W Harrison St W College St W Alderson St W Dickerson St W Story St W Koch St W Curtiss St W Olive St LegendParcels SID BoundaryS 8th AveDocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 EXHIBIT BProperty Address Property Owner Property Owner 2 Mailing Address City State S 6th Frontage (LF) Assessment Amt Zip Code522 W Babcock St Lohss, Sharon S 6450 S 3rd Ave Bozeman MT 127.8 18,028.75$ 59715‐8352114 S 6th Ave Papera, Brenda F 114 S 6th Ave Bozeman MT 75 10,580.25$ 59715‐4557521 W Olive St 521 West Olive LLC 171 Duane St Apt #2 New York NY 100 14,107.00$ 10013‐3354522 W Olive St Cosgrove, Patricia A Pessl, Erich 522 W Olive St Bozeman MT 124.7 17,591.43$ 59715‐4550214 S 6th Ave Harvey, Tim L 214 S 6th Ave Bozeman MT 70.27 9,912.99$ 59715‐4559218 S 6th Ave Bullock, Robert E & Deborah L 218 S 6th Ave Bozeman MT 54.73 7,720.76$ 59715‐4559224 S 6th Ave Reetz, Kevin & Chelsea 224 S 6th Ave Bozeman MT 50 7,053.50$ 59715302 S 6th Ave Adams, Michael C 11 Embarcadero W Oakland CA 62.5 8,816.88$ 94607‐4578308 S 6th Ave Smith, Stacie A & Petersen, Bryan 308 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4561312 S 6th Ave Johnson, Margaret Lakey Johnson Trust 312 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4561316 S 6th Ave Hartnett, Brett A & Sallie Jane 316 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4561320 S 6th Ave Brennan, Scott R & Angela L 320 S 6th Ave Bozeman MT 37.5 5,290.13$ 59771‐0685517 W Koch St Laurelli, Alexandra 517 W Koch St Bozeman MT 50 7,053.50$ 59715‐4571404 S 6th Ave Prugh, W Lisa 404 S 6th Ave Bozeman MT 75 10,580.25$ 59715‐4562408 S 6th Ave Schroeder, Richard & Joy 408 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4562412 S 6th Ave Macevicz, Stephen C Phillips, Cynthia 1114 S 3rd AveBozeman MT 50 7,053.50$ 59715‐5265416 S 6th Ave Johnson, Martin & Gulbranson, Lexi 416 S 6th Ave Bozeman MT 62.5 8,816.88$ 59715‐4562422 S 6th Ave Pohl, Richard & Mary Sue 422 S 6th Ave Bozeman MT 62.58,816.88$ 59715‐4562502 S 6th Ave Stanley, Laura Living Trust 502 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4549521 W Olive Stra Living Trust (Unaddressed Parcel s. of 502 S 6th?) 521 W Olive St Bozeman MT 50 7,053.50$ 59715510 S 6th Ave Sylvis, Russell Atkinson, Kathryn 510 S 6th Ave Bozeman MT 62.5 8,816.88$ 59715‐4564516 S 6th Ave Kirchhoff, Steve & Colette 516 S 6th Ave Bozeman MT 7510,580.25$ 59715‐4564522 S 6th Ave Burrows, Susan 522 S 6th Ave Bozeman MT 62.5 8,816.88$ 59715‐4564602 S 6th Ave Smith, Billy G Maskiell, Michelle 602 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4566606 S 6th Ave Farrington, Clifford A c/o Charles Farrington 606 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4566610 S 6th Ave Mercer, David & Serena 922 S 3rd Ave Bozeman MT 50 7,053.50$ 59715‐5261614 S 6th Ave Breuckman, Zebadiah 614 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4566620 S 6th Ave Reichmuth, Ediltrudis 622 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4566622 S 6th Ave Reichmuth, Ediltrudis 622 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4566702 S 6th Ave Hannan, Erich & Molly 702 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4568706 S 6th Ave Cheever, Daniel & Karen Rev Living Trust 16044 NW Telshire Dr Beaverton OR 50 7,053.50$ 97006‐7273712 S 6th Ave Oleary, Martha Ann 1550 Meadow Ln Steamboat Spr CO 51 7,194.57$ 80487‐1729716 S 6th Ave Frost, Mary L Kerin, Richard T 609 S 6th Ave Bozeman MT 49 6,912.43$ 59715720 S 6th Ave Stucky, Roger 720 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4568726 S 6th Ave Spinelli, Michael & Cindi 726 S 6th Ave Bozeman MT 103.17 14,554.19$ 59715‐4568522 W College St Ramseth, Mark & Carol Fleming, Jeni 522 W College St Bozeman MT 42.5 5,995.48$ 59715‐5126806 S 6th Ave Nelson, Faye & Wyatt 806 S 6th Ave Bozeman MT 37.5 5,290.13$ 59715‐5132808 S 6th Ave Noyes, Eric & Shaw, Juliette 808 S 6th Ave Bozeman MT50 7,053.50$ 59715‐5132814 S 6th Ave Kollin, Susan & Flory, Daniel 814 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐5132818 S 6th Ave Johnson, Erick & Dunlop, Catherine 818 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐5132525 W Harrison St Scharf, Danielle 1311 Wildflower Way Bozeman MT 100 14,107.00$ 59715‐9564902 S 6th Ave Mitchell, Dana 3322 S 29th Ave Bozeman MT 37.5 5,290.13$ 59718‐3711DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 906 S 6th Ave Crayton, Robert & Cynthia Rev Living Trust 4027 Bridger Canyon Rd Bozeman MT 37.5 5,290.13$ 59715‐8433910 S 6th Ave Musselman, Jeffrey & Heather 910 S 6th Ave Bozeman MT75 10,580.25$ 59715‐5134521 W Cleveland St Davenport, Stephen & Nancy 2820 Arcona Rd Mechanicsburg PA 135.91 19,172.82$ 17055‐5905MSU MSU ‐ CDPC ‐ Plew Building & Grant St; Attn: Richard RudnPO Box 172760 Bozeman MT 300 42,321.00$ 59717‐2760823 S 6th Ave L & C Holdings LLC PO Box 1342 Belgrade MT 75 10,580.25$ 59714‐1342819 S 6th Ave Wunsch, Andrew & Michele 819 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐5131815 S 6th Ave Perkins, Steven 3107 Summer View Ln Bozeman MT 50 7,053.50$ 59715‐8255811 S 6th Ave Timmer, James & Joanne 811 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐5131807 S 6th Ave Sands, Claire & Baker, Benjamin 807 S 6th Ave Bozeman MT 53 7,476.71$ 59715‐5131801 S 6th Ave Taylor, Leslie 801 S 6th Ave Bozeman MT 47 6,630.29$ 59715‐5131725 S 6th Ave Merrell Family LLC 7505 Central Ave Indianapolis IN 53.2 7,504.92$ 46240‐2854721 S 6th Ave Paxton, John T 721 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4567719 S 6th Ave Ekey, Robert & Thomas, Kristine 719 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4567715 S 6th Ave Selby, Corrine J 709 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4567709 S 6th Ave Selby, Corrine J 709 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4567705 S 6th Ave Smith, Gordon 705 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4567701 S 6th Ave Frostic, Peter & Maria PO Box 6009 Bozeman MT 50 7,053.50$ 59771‐6009621 S 6th Ave Keith, Garnett L Jr Attn: G Choong PO Box 500 Lexington MA 50 7,053.50$ 02420‐0005617 S 6th Ave Moore, Colleen 617 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4565613 S 6th Ave Donahoe, Patrick 613 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4565609 S 6th Ave Kerin, Richard & Frost, Mary 609 S 6th Ave Bozeman MT50 7,053.50$ 59715‐4565605 S 6th Ave Macevicz, Stephen C Phillips, Cynthia 1114 S 3rd AveBozeman MT 50 7,053.50$ 59715‐5265601 S 6th Ave Vallor, Gregory & Rosanna 601 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4565521 S 6th Ave O'Neill, Stephen & Sally 521 S 6th Ave Bozeman MT 75 10,580.25$ 59715‐4563515 S 6th Ave Bishop, Lila M 515 S 6th Ave Bozeman MT 75 10,580.25$ 59715‐4563602 W Story St Colon, Suzanne 602 W Story St Bozeman MT 130 18,339.10$ 59715‐4401Cooper Park City of Bozeman PO Box 1230 Bozeman MT 300 42,321.00$ 59771321 S 6th Ave Fuller, Holly 321 S 6th Ave Bozeman MT 54.5 7,688.32$ 59715‐4560317 S 6th Ave Running, Alice 317 S 6th Ave Bozeman MT 54 7,617.78$ 59715‐4560313 S 6th Ave Landis, David & Jacquelyn 313 S 6th Ave Bozeman MT 66 9,310.62$ 59715‐4560309 S 6th Ave Hamilton, Marty & Mary Rev Living Trust 309 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4560303 S 6th Ave Bode, Dwight & Pamela PO Box 1078 Jackson WY 75 10,580.25$ 83001221 S 6th Ave Kasper, Karl & Deborah 221 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4558217 S 6th Ave Haggerty, Mark & Julia 217 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4558215 S 6th Ave Haggerty, Mark & Julia 217 S 6th Ave Bozeman MT 50 7,053.50$ 59715‐4558209 S 6th Ave Ryen, Joyce 209 S 6th Ave Bozeman MT 75 10,580.25$ 59715‐4558201 S 6th Ave Dalton, Joseph & Lora 201 S 6th Ave Bozeman MT 75 10,580.25$ 59715‐4558125 S 6th Ave Pickard, Cory & Ronda & Finch, Sharon 210 W Curtiss St Bozeman MT 50 7,053.50$ 59715119 S 6th Ave Peterson, Gregory & Ann PO Box 6725 Bozeman MT 85 11,990.95$ 59771‐6725113 S 6th Ave Eller, Scott Hamilton, Katrina 113 S 6th Ave Bozeman MT 45 6,348.15$ 59715‐4556101 S 6th Ave Harris Brothers LLC PO Box 1732 Bozeman MT 127.9 18,042.85$ 59771‐1732Total Accessable LF 5537.18Assessement Amount 141.07$ Total Assessment 781,129.98$ DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Exhibit C Item Description Unit Est. Quantity Unit Price Total Price 101 Taxes, Bonds, Insurance L.S. 1 50,000.00$ 50,000.00$ 102 Mobilization L.S. 1 100,000.00$ 100,000.00$ 103 Unclassified Excavation Above Subgrade C.Y. 8,740 20.00$ 174,800.00$ 104 Remove Existing Concrete Curb L.F. 6,207 6.00$ 37,242.00$ 105 Remove Existing Concrete Sidewalk, Ped Ramps, and Drive & Alley Approaches S.F. 8,576 3.00$ 25,728.00$ 106 Geotextile Separation Fabric S.Y. 13,780 1.05$ 14,469.00$ 107 3" Minus Uncrushed Subbase C.Y. 7,046 33.00$ 232,518.00$ 108 1" Minus Crushed Base Course C.Y. 3,504 39.00$ 136,656.00$ 109 Asphalt Concrete Pavement 3" Thickness S.Y. 15,076 18.00$ 271,368.00$ 110 Concrete Curb and Gutter L.F. 6,207 16.00$ 99,312.00$ 111 Ped Ramps, Drive and Alley Approach, and Sidewalk (6" Depth)S.F. 9,079 9.00$ 81,711.00$ 112 Concrete Fillet & Double Gutter S.F. 1,876 11.00$ 20,636.00$ 113 Concrete Sidewalk 4" Depth S.F. 2079 8.00$ 16,632.00$ 114 ADA Detectable Warning Panel S.F. 799 50.00$ 39,950.00$ 115 Trench Restoration L.F. 607 25.00$ 15,175.00$ 116 Asphalt Surface Restoration S.Y. 501 22.00$ 11,022.00$ 117 Traffic Calming Additions L.S. 1 17,000.00$ 17,000.00$ 118 4" Sch 80 PVC Utility Conduit L.F. 779 15.00$ 11,685.00$ 119 Topsoil, Sod & Site Restoration L.S. 1 25,000.00$ 25,000.00$ 120 Boulevard Topsoil Excavation C.Y. 30 20.00$ 600.00$ 121 Traffic Control L.S. 1 80,000.00$ 80,000.00$ 122 2" Square Tube Metal Posts L.F. 1,665 40.00$ 66,600.00$ 123 Aluminum Signs S.F. 855 35.00$ 29,925.00$ 124 Epoxy Pavement Marking (Curb, Top & Face)GAL 43 260.00$ 11,180.00$ 125 Construction Staking & Quality Assurance L.S. 1 50,000.00$ 50,000.00$ 126 Exploratory Excavation HR 20 150.00$ 3,000.00$ 127 Miscellaneous Work EA 50,000 1.00$ 50,000.00$ TOTAL SCHEDULE 1 ESTIMATE 1,672,209.00$ Item Description Unit Est. Quantity Unit Price Total Price 401 Remove Existing Storm Sewer Inlet EA 28 500.00$ 14,000.00$ 402 12" SDR 35 PVC Storm Sewer Pipe L.F. 750 60.00$ 45,000.00$ 403 15" SDR 35 PVC Storm Sewer Pipe L.F. 1850 65.00$ 120,250.00$ 404 4' Dia. Storm Manhole EA 12 3,000.00$ 36,000.00$ 405 Standard Storm Drain Inlet EA 24 3,000.00$ 72,000.00$ 406 Combo 4' Dia. Storm Inlet/Manhole EA 2 3,500.00$ 7,000.00$ 407 Connection to Existing Storm Manhole EA 3 2,000.00$ 6,000.00$ 408 Miscellaneous Costs EA 20000 1.00$ 20,000.00$ TOTAL SCHEDULE 4 ESTIMATE 320,250.00$ TOTAL COMBINED SCHEDULE 1, 2, 3 AND 4 BID 1,992,459.00$ W/ 10% Contingency 2,191,704.90$ Engineers Estimate Schedule 4: Installation of new storm drain and inlets on South 6th Avenue 2021 South 6th Avenue Street Reconstruction Engineers Estimate Schedule 1: Reconstruction of South 6th Avenue from Babcock to Cleveland including: removing the existing road section from curb-to-curb an constructing a new road section, installation of storm sewer, new signage, spot replacement of existing sidewalks, replacing drive approaches, adjusting existing utilities to accomodate the new roadway, restoring boulevards to pre-existing conditions, and all related work incidental to construction. DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 City of Bozeman Special Improvement District Creation Protest/Support Form Information & Instructions The City of Bozeman provides this form to owners of real property for purposes of official protest against the creation of Special Improvement District No. 762 (financing improvements to South 6th Avenue between Babcock Street and Cleveland Street). SPECIAL IMPROVEMENT DISTRICT (SID) CREATION AND PROTEST A Special Improvement District (SID) is created by administrative action of the Bozeman City Commission. The City Commission’s authority to create a SID and the purposes for which a SID may be created are provided for in Title 7, chapter 12, parts 41 and 42, Montana Code Annotated. To create a SID, the City Commission must first adopt a resolution of intent. If the Commission adopts the resolution of intent the City Clerk will then mail a copy of the Notice of Passage of the Resolution of Intent to create the SID to property owners within the proposed SID. At the same time, the City Clerk will publish the Notice of Passage of the Resolution of Intent in a local newspaper. Owners of property liable to be assessed for the cost of the improvements under the SID may protest its creation pursuant to 7-12-4110, MCA. The protest period begins after the date of the first publication of the notice of the passage of the resolution of intent. OFFICIAL PROTEST PERIOD The protest period for the creation of Special Improvement District No. 762 begins February 8, 2021 and ends at 5 p.m. on Wednesday, February 24, 2021. Official protests must be signed; therefore, the City will not count emails or telephone calls as formal protest. INSTRUCTIONS TO PROTEST OR SUPPORT THE DISTRICT In order to be counted as the official protest, protests against the district must be: • Signed by all the record owners of fee simple title to the property; • Identify the property in the district owned by the protestor; and • Be submitted in writing to the Bozeman City Clerk no later than February 24th, at 5 p.m. Mountain Standard Time. For purposes of protesting a SID, an “Owner” means as of the date a protest is filed, the record owner of fee simple title to the property or a contract buyer on file in the records of the Gallatin County Clerk and Recorder. The term “owner” does not include a tenant of or other holder of a leasehold interest in the property. If you are unsure about who is listed on the deed to your property, Gallatin County has property ownership records and can be contacted at www.gallatin.mt.gov. You are not required to return the form if you support creation of the SID. A protest/support form is enclosed for your convenience. The form contains separate parts for different types of ownership. Only one form need be completed per property: DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 Part 1. To be completed for property owned by individuals. Part 2. To be completed for property owned by corporations, trusts, LLC’s, or other entities. Part 3. To be completed for property designated as condominium. If you are interested in protesting, please complete the part(s) that apply to your particular ownership. If you own multiple properties, please use a separate form for each property. PLEASE MAIL THE COMPLETED FORM TO: City of Bozeman C/O City Clerk Office P.O. Box 1230 121 North Rouse Avenue Bozeman, MT 59771-1230 Alternately, property owner(s) may sign the completed form, scan it and e-mail it to agenda@bozeman.net. EFFECT OF PROTEST Pursuant to 7-12-4113, MCA, the City Commission may not take further action on the proposed district for a period of six (6) months if the City receives validated protests from the owners of property in the proposed district to be assessed for more than 50% of the cost of the proposed work, in accordance with the methods of assessment described in the resolution of intent. DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 City of Bozeman Special Improvement District Creation Protest/Support Form PART 1 - Property owned by individuals, please complete this section. Property address or legal description: I/We the undersigned owner(s) of property described above want to: (check one) Protest Support the creation of Special Improvement District No. 762 proposed to be established for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. Signature: Printed Name: Date: Signature: Printed Name: Date: Signature: Printed Name: Date: Signature: Printed Name: Date: FOR CITY CLERK’S OFFICE USE ONLY Protest/Support Form received by City Clerk on _____/______/2021 at _____:____ AM/PM. DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 PART 2 - Property owned by corporations, LLC, trusts or other organizations please complete this section. Entity/Owner Name: Property address or legal description: I/We the undersigned as legally authorized representative(s) of the organization that owns the above listed property want to (check one) Protest Support the creation of Special Improvement District No. 762 proposed to be established for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: FOR CITY CLERK’S OFFICE USE ONLY Protest/Support Form received by City Clerk on _____/______/2021 at _____:____ AM/PM PART 3 - Property owned as a condominium. DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492 A special note for condominium owners: An owner of property created as a condominium may protest the creation of the district only through the president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the City Clerk the following information: (a) a written identification of the condominium property (b) the condominium declaration or other condominium document that shows how votes of unit owners in the condominium are calculated; (attach the declaration to this form) (c) original signatures of owners of units in the condominium having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under the condominium declaration; and (d) a certificate signed by the president, vice president, secretary, or treasurer of the condominium owners' association certifying that the votes of the unit owners, as evidenced by the signatures of the owners, are sufficient to constitute an affirmative vote of the condominium owners' association to protest against the creation of the district and its improvements. PART 3 - Property owned as part of a condominium, please complete this section. Name of condominium: Street address or legal description of condominium: We the undersigned owners have an undivided ownership interest in the common elements of the above named condominium present the following original signatures to the Bozeman City Commission indicating our protest of the creation of Special Improvement District No. 750 proposed to be established for the purpose of financing local improvements to North Tracy Avenue between Villard Street and Peach Street. Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Certificate of Condominium Officer I certify that the above listed signatures of the owners having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under our condominium declaration hereby (check one) __ Protest __ Support the creation of Special Improvement District No. 762 proposed to be established for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. Signature of condo officer: Title: FOR CITY CLERK’S OFFICE USE ONLY Received by City Clerk on _____/______/2021 at _____:____ AM/PM. DocuSign Envelope ID: CF3CED2A-0AF5-4D3F-8F03-D486BBEFD492