HomeMy WebLinkAboutResolution 3227 Intent to create SID 665, northwest water line
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COMMISSION RESOLUTION NO. 3227
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 665;
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE
AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 665 FOR THE PURPOSE
OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE
COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF
SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL
IMPROVEMENT DISTRICT REVOLVING FUND.
BE IT RESOLVED by the City Commission of the City of Bozeman (the "City"),
Montana, as follows:
Section 1. Pro Dosed ImDrovements: Intention To Create District. The City proposes
to undertake certain local improvements to benefit certain property located in the city. The
Improvements consist of engineering, design, construction, installation and inspection of 10-
inch and 12-inch water mains and all necessary appurtenances, generally along North 19th
Avenue, north of West Oak Street and south of the North 19th Avenue 1-90 Interchange, to
include, but not be limited to, trench excavation and backfill, bedding material, ductile iron
water mains, valves, fire hydrants and fittings, and other necessary appurtenances thereto
(the "Improvements"). The total estimated costs of the Improvements are $1,706,000. The
costs of the Improvements are to be paid from the special improvement district bonds
hereinafter described. 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 costs of the
Improvements and paying costs incidental thereto, including costs associated with the sale
and the security of special improvement district bonds drawn on the District (the "Bonds"),
the creation and administration of the District and the funding of a deposit to the City's
Special Improvement District Revolving Fund (the "Revolving Fund"). The total estimated
costs of the Improvements, including such incidental costs, to be financed by the Bonds are
$1,706,000. The Bonds are to be payable primarily from special assessments to be levied
against property in the District, which property will be specially benefitted by the
Improvements in an amount not less than $1,706,000.
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. 665 of the
City of Bozeman, Montana.
Section 3. Boundaries of District. The limits
and boundaries of the District are
depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and
made a part hereof) and more particularly described on Exhibit B hereto (which is hereby
incorporated herein and made a part hereof), which boundaries are designated and confirmed
as the boundaries of the District. A listing of each of the properties in the District is shown
on Exhibit C hereto (which is hereby incorporated herein and made a part hereof).
Section 4. Benefitted ProDertv. The District and territory included within the limits and
boundaries described in Section 3 and as shown on Exhibits A, Band C are hereby declared
to be the special improvement district and the territory which will benefit and be benefitted
by the Improvements and will be assessed for a portion of the costs of the Improvements
as described in Section 7. The Improvements, in the opinion
of this Commission, are of
more than local and ordinary benefit. 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 Imorovements.
The general character of the
Improvements is to provide the following improvements: engineering, design, construction,
installation and inspection of
10.inch and 12-inch water mains and all necessary
appurtenances to provide trunk water mains for service to lots and tracts generally lying
along North 19th Avenue, north of West Oak Street and south of the North 19th Avenue
1-90 Interchange, to include, but not be limited to, trench excavation and backfill, bedding
material, ductile iron water mains, valves, fire hydrants and fittings, and other necessary
appurtenances thereto.
Section 6. Engineer and Estimated Cost.
Gaston Engineering and Surveying,
Bozeman, Montana 59715 shall be the Engineer for the District. The Engineer has estimated
that the costs of the Improvements, including all incidental costs, is $1,706,000.00.
Section 7. Assessment Methods.
7.1. Prooertv To Be Assessed. All properties within the District
are to be
assessed for a portion of the costs of the Improvements, as specified herein.
The costs of the Improvements shall be assessed against the property in the
District benefitting from the Improvements, based on the area methods of
assessment described in Section 7-12-4162, M.C.A., as particularly applied and
set forth in this Section 7.
7.2. Actual Area. All properties in the District will be assessed
for their
proportionate share of the costs of the Improvements. Each lot, block, tract or
parcel of land within the District will be assessed for that portion of the whole
cost which its area bears to the area of the entire District, exclusive of streets,
avenues, alleys and public places. The total area of the District to be assessed
is 18,739,947.6 square feet and is the area on which all protests will be
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received, considered and determined. The estimated cost of Improvements,
exclusive of interest, is $0.09104 per square foot.
7.3. Assessment Methodologies Eauitable and Consistent with Benefit.
This Commission hereby determines that the method of assessment and the
assessment of costs of the specific 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 respective
Improvements by the lots, tracts and parcels to be assessed therefor within the
District.
Section 8. Pavment of Assessments. The special assessments for the costs of the
Improvements shall be payable over a term not exceeding 15 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
Bonds. Property owners have the right to prepay assessments as provided by law.
Section 9. Method of
Financina: Pledge of Revolvina Fund:
Findinas and
Determinations. The City will issue the Bonds in an aggregate principal amount not to
exceed $1,706,000 in order to finance the costs of the Improvements. Principal of
and
interest on the Bonds will be paid from special assessments levied against the property in
the District. This Commission further finds it is in the public interest, and in the best interest
of the City and the District, to secure payment of principal of and interest on the Bonds by
the Revolving Fund and hereby authorizes the City to enter into the undertakings and
agreements authorized in Section 7-12-4225 in respect of the Bonds.
In determining to authorize such undertakings and agreements, this Commission has
taken into consideration the following factors:
(a) Estimated Market Value of Parcels. The estimated market value of the
lots, parcels or tracts in the District as of the date of adoption of this resolution,
as estimated by the Gallatin County Assessor's office for property tax purposes,
is set forth in Exhibit D hereto, which is hereby incorporated herein and made a
part hereof, as well as the estimated market value of the lots, parcels or tracts
after the Improvements have been completed, as estimated by the sum of the
estimated market value of the lots, parcels or tracts in the District as of the date
of the adoption of the resolution and the cost of the proposed Improvements.
The special assessments to be levied against each lot, parcel or tract in the
District is less than or equal to the increase in estimated market value of the lot,
parcel or tract as a result of the construction of the Improvements.
(b) Diversity of ProDertv Ownership. Of the 49 lots, parcels or tracts in
the District, approximately 16 lots, parcels or tracts are vacant. Several of the
lots, parcels or tracts of the total area upon which costs are being assessed are
in multiple ownership, as follows: one owner holds five lots, parcels or tracts,
representing 33.8 percent of the District; two owners hold two lots, parcels or
tracts each, representing 9.1 percent each of the District; one owner holds two
lots, parcels or tracts, representing 7.8 percent of the District; one owner holds
two lots, parcels or tracts, representing 4.8 percent of the District; one owner
holds five lots, parcels or tracts, representing 4.2 percent of the District; one
owner holds two lots, parcels or tracts, representing 4.1 percent of the District;
three owners hold three lots, parcels or tracts each, representing 1.5 percent
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each of the District; one owner holds three lots, parcels or tracts, representing
1 .4 percent of the District; and two owners hold two lots, parcels or tracts each,
representing 1 .0 percent each of the District. All of the remaining lots, parcels,
or tracts in the District are owned by separate or different individuals.
(c) ComDarison of 50ecial Assessments and prooerty Taxes and Market
Value. The estimated market value of the lots, parcels or tracts in the District
exceeds the sum of the delinquent property taxes and current property taxes.
There are no mortgage backed bonds of record against properties in the District.
There are $133,739.54 of rural improvement district assessments levied against
the properties in the county.
(d) Delinauencies. As noted in Subparagraph c above,
there are no
delinquent outstanding City special assessments against the property in the
District. However, there are a total of $19,800.22 in delinquent outstanding
County rural improvement district assessments. There are also $15,501.76 in
delinquent property taxes. The estimated market value of the lots, parcels or
tracts in the District exceeds the sum of the delinquent and current property
taxes.
(e) The Public Benefit of the Imorovements. The public benefit resulting
from the Improvements will be the availability of a trunk water main system that
will allow for properties in the District to connect to a public water system that
delivers treated water that is regulated by the state and federal governments.
As the area is further developed, the water system will become a critical
component of fire protection within the District.
(f) Newlv Platted Subdivision. The District includes Minor Subdivision No.
210, also known
as the Gallatin Center Subdivision,
a 145-acre
commercial/residential mixed use subdivision which was recently platted and in
which development is just beginning. At the present time, the Costco
Warehouse store has been open for approximately five months. Plans for
subdivision and development of other vacant lands within the District are now
entering the planning process, with development anticipated to begin during the
upcoming construction season. The property owners are not contributing to the
costs of the Improvements, other than through the assessments to be levied
against their land, nor are they providing any security to secure payment of
special assessments levied in the District other than that required by law.
(g) Installed Imorovements. Costco Wholesale has installed a portion of
the trunk water line improvements as part of its development of Lot 1, Minor
Subdivision No. 205. The District will credit the cost of the improvements
installed by Costco Wholesale, to the extent that they benefit the District,
against its assessment. The amount that will be credited shall be the lesser of
(a) the cost that the District would incur installing the improvements as part of
the Improvements based on bid unit prices or (b) the actual documented and
certified costs incurred by Costco Wholesale when the improvements were
installed.
Section 10. Reimbursement of Costs Paid Before Bonds Are Issued.
(a) The United States Department of Treasury has promulgated final
regulations governing the use of proceeds of tax-exempt bonds, such as the
Bonds, all or a portion of which are to be used to reimburse the City for
Improvements expenditures paid by the City prior to the date of issuance of the
Bonds. Those regulations (Treasury Regulations,
Section 1 .150-2) (the
"Regulations") require that the City adopt a statement of official intent to
reimburse the Revolving Fund from proceeds of the Bonds for an original
expenditure not later than 60 days after payment of the original expenditure.
The City Engineer has advised the City that the District may undertake the
Improvements and pay costs thereof before the Bonds are issued, recognizing
the preliminary and conditional nature of the commitment of the City to issue the
Bonds.
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The Regulations also generally require that the Bonds be issued and the
reimbursement allocation be made from the proceeds of the Bonds within 18
months after the later of (i) the date the expenditure is paid or (ii) the date the
Improvements is placed in service or abandoned, but in no event more than three
years after the date the expenditure is paid. The Regulations generally permit
reimbursement of capital expenditures and costs of issuance of the bonds.
(b) By this resolution, the City declares its official intent to reimburse the
expenditures made for costs of the Improvements from proceeds of the Bonds
after the date of payment of all or a portion of the costs of the Improvements.
All reimbursed expenditures shall be capital expenditures, a cost of issuance of
the Bonds or other expenditures eligible for reimbursement under Section
1 .150-2(d)(3) of the Regulations.
(c) Other than (i) expenditures to be paid or reimbursed from sources other
than the Bonds, (ii) expenditures permitted to be reimbursed under the
transitional provision contained in Section 1.150-2(j)(2) of the Regulations,
(iii) expenditures constituting preliminary expenditures within the meaning of
Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus"
amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures
for the Improvements have heretofore been paid by the City.
(d) There are no City or District funds reserved, allocated on a long-term
basis or otherwise set aside (or reasonably expected to be reserved, allocated on
a long-term basis or otherwise set aside) to provide permanent financing for the
expenditures related to the Improvements, other than pursuant to the issuance
of the Bonds. The statement of intent contained in this resolution, therefore, is
consistent with the City's budgetary and financial circumstances as they exist
or are reasonably foreseeable on the date hereof.
Section 11. Public Hearing: Protests. At any time within fifteen (15) days from and
after the date of the first publication of the notice of the passage and approval of this
resolution, any owner of real property within the District subject to assessment and taxation
for the cost and expense of making the Improvements may make and file with the Clerk of
the Commission until 5:00 p.m., M.S.T., on the expiration date of said 15-day period
(February 24, 1998), written protest against the proposed Improvements, or against the
extension or creation of the District or both, and this Commission will at its next regular
meeting after the expiration of the fifteen (15) days in which such protests in writing can
be made and filed, proceed to hear all such protests so made and filed; which said regular
meeting will be held on Monday, March 2, 1998, at 7:00 p.m., in the Commission Room,
Municipal Building, 411 East Main Street, Bozeman, Montana.
Section 12. Notice of Passaae of Resolution of Intention. The Clerk
of the
Commission 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 city on February 9 and February 16, 1998, 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
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within the District listed in his or her name upon the last completed assessment roll for state,
county, and school district taxes, at his last-known address, on or before the same day such
notice is first published.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
this 2nd day of February, 1998.
~~,~-~
ATTEST:
~ /~/t~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
'J ' / I
~'.r ~ /'. ,/(' "" :' i '~)
J{(t~I~/tC 1/
PAUL J.
City Att ney
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EXHIBIT A
BOUNDARY MAP FOR
NORTHWEST WATER LINE S.I.D.
BOZEMAN, MONTANA
HORm'lltn WA'fUU<<--"---
S.lo.~y
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~ c.o.S Nto. 18:7
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n;o.A(:,
P.O.
11I/4 ~ '" MEA
,- W.t;,' GROSS ARFA FOR SID BOUNDARY ~ ~69.34 ACRFS
NET AREA - 430,~' ACRES I
<AREA SHOWN IN LOTS IS NET AREA)
ROAD AREA ~ 39.13 ACRES
Lor, OF
~5I:~"'SlQHHa..:1'fI
,.I.!,] ~ DESCftfPl10N FOR HORrnwEst WAlER I.INE $.1.0. 8<JJNOARY
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N~/" of SlIctb'l 1 dnd II p~/otI or the WI!Z ttf Silcth,n ~, ClII ..'tuGll!ld "" T,tS., R,'E., I',i<(,M., Go~l(ltln Coullty;
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',"'- I NOR'J'H1rEST WATER LINE
"m,,,.~ 1-- J' S.I.D...!?~~ARY
I CIItA__ M:.I.A ~IOC~~.'''''
~v . _ _ _ ~ ~ II'! 4J': ...../010, ,,~~.5.~
tI/~t1JNJIRT:1 .-.., - ----c:;t""~~t ,Hfl 1 tJI' 2
EXHIBIT B
DISTRICT BOUNDARY DESCRIPTION
A tract of land situated in the SE1 /4 and a portion of the NE1 /4 of Section
35, the NE1/4 of Section 2, a portion of the NW1/4 of Section 1 and a
portion of the W1/2 of Section 36, all situated in T1 S, R5E, P.M.M.,
Gallatin County, Montana, and being further described as follows:
Beginning at a point being the N 1/4 corner of said Section 35, said point
also being the southwest corner of Tract A-1 of Certificate of Survey No.
1827; Thence along the west line of said Tract A-1 N 01006' 11" E a
distance of 1670.86 feet to a point on the westerly right-of-way line of
Valley Center Drive; Thence along said line S 53020'12" E a distance of
22.64 feet, S 54033'43" E a distance of 146.30 feet to a curve to the
right with a radius of 1839.86 feet a distance of 163.27 feet; Thence on
a line perpendicular to said right-of way N 43058'04" E a distance of
130.00 feet to a point being the northwest corner of Tract A-2 of
Certificate of Survey No. 1827; Thence along the north line of said Tract
A-2 N 43057'53" E a distance of 29.80 feet to a point on the westerly
right-of-way line of Montana Department of Transportation lands; Thence
along said line and the easterly lines of Tracts A-2, Tract B-1 and Tract D-1
of Certificate of Survey No. 1827 S 53053'09" E a distance of 563.41
feet, S 37003'20" E a distance of 130.97 feet to a non-tangent curve to
the right with a radial bearing of S 40041 '17" Wa radius of 1567.02 feet
a distance of 382.87 feet to a point of compound curve with a radius of
1075.92 feet a distance of 530.82 feet, S 07002'43" E a distance of
245.01 feet, S 06059'28" W a distance of 123.69 feet to a non-tangent
curve to the left having a radial bearing of N 82057'17" E with a radius of
890.29 feet a distance of 310.77 feet to a point of compound curve with
a radius of 672.96 feet a distance of 429.02 feet to a point on the
westerly right-of-way line of North 19th. Avenue, said point also being on
the westerly right-of.way of said Montana Department of Transportation
land; Thence along said line S 62018'47" E a distance of 234.49 feet to
a point on the easterly right-of-way line of said North 19th. Avenue;
Thence continuing along
said Department of Transportation
land
S 50021 '01" E a distance of 219.30 feet, S 67000'00" E a distance of
82.46 feet to a non-tangent curve to the right having a radial bearing of
S 37002'10" W with a radius of 884.93 feet a distance of 444.03 feet and
S 49055'01" E a distance of 75.48 feet to a point on the west right-of-
way line of Interstate 1-90; Thence along said line along a non-tangent
curve to the right having a radial bearing of S 77010'34" W with a radius
of 4187.50 feet a distance of 645.00 feet, S 03059'55" E a distance of
502.33 feet to a curve to the left with a radius of 4407.50 feet a distance
of 3348.88 feet to a point on the south line of Section 36; Thence along
said line N 87026'54" W a distance of 60.09 feet to a point on the
northerly right-of-way line of Baxter Lane; Thence along said line along a
non-tangent curve to the left having a radial bearing of S 24028'57" W
with a radius of
877.41 feet a distance of
331.55 feet and
N 87010'00" W a distance of 198.62 feet; Thence S 02050'00" W a
distance of 64.46 feet to the north line of Tract A of Certificate of Survey
No. 1215C, said point being on the south line of Section 36; Thence along
said line N 87026'54" W a distance of 880.68 feet to the corner common
to Sections 35, 36, 2 and 1; Thence along the south line of said Section 35
S 89022'30" Wa distance of 1075.47 feet to a point being the northeast
corner of a tract of land recorded in Film 124 page 1506 of Gallatin County
Records; Thence along the east line of said tract S 01016'40" W a
distance of 1325.94 feet to a point on the north line of Tract D of
Certificate of Survey No. 1240-F; Thence along said line and the westerly
line of said Tract
D S 89022'44" W a distance of
879.19 feet,
S 00037' 16" E a distance of 100.00 feet to a curve to the left with a
radius of 380.00 feet a distance of 385.41 feet, S 58043'58" E a distance
of 596.16 feet,
S 40057'28" W a
distance of 1 00.00 feet,
S 29042'26" W a distance of 284.62 feet, S 09029'00" W a distance of
B-1
147.93 feet and S 12016'48" E a distance of 95.49 feet to a point being
the northwest corner of Tract C of Certificate of Survey No. 1240-E;
Thence along the west line of said Tract C S 04035'55" W a distance of
602.68 feet to a point being the northeast corner of Tract 2-A 1 of
Certificate of Survey No. 1240-C; Thence along the north line of said Tract
2-A 1 and the north line of Tract E of Certificate of Survey No. 1240-F
S 89012'10" W a distance of 1163.59 feet to a point on the north-south
mid section line of said Section 2, said point also being on the east line of
Certificate of Survey No. 1302; Thence along said line N 00024'50" Wa
distance of 664.94 feet, N 01018'43" E a distance of 1301.55 feet and
N 01009'36" E a distance of 1325.85 feet to a point being the 1/4 corner
common to Section 2 and Section 35, said point also being the southwest
corner of Lot 3 of minor Subdivision No. 210; Thence along the north-
south mid section line of said Section 35 and the west lines of said Lot 3
N 00011'12" E a distance of 2650.75 feet to a point being the center of
said Section 35; Thence continuing along said mid-section line and the
west line of said Lot 3 N 00006'38" W a distance of 2656.17 feet to the
Point of Beginning.
Said boundary contains 469.34 acres, more or less, along with and subject
to any existing easements.
B-2
EXHIBIT C
LISTING OF PROPERTIES INCLUDED IN DISTRICT BOUNDARIES
Name and Mailina Address DescriDtion
Cape France Enterprise
2220 West Main St.
Bozeman, Montana 59715 Tract A-1, cas No. 1827
Cape France Enterprise
2220 West Main St.
Bozeman, Montana 59715 Tract A-2, cas No. 1827
Accola Ranch, Inc.
77 Centennial Trail
Bozeman, Montana 59715-8604 Tract E-1, cas No. 1827
Amerimont, Inc.
P.O. Box 990,
Manhattan, Montana 59741-0990 Tract B-1, cas No. 1827
Estate of Eugene Graf Jr.
& Genevieve S. Graf
c/o Eugene Graf III
P.O. Box 2529
Billings, Montana 59103-2529 Tract C-2, cas No. 1827
Estate of Eugene Graf Jr.
& Genevieve S. Graf
P.O. Box 2529
Billings, Montana 59103-2529 Tract D-1, cas No. 1827
Estate of Eugene Graf Jr.
& Genevieve S. Graf
P.O. Box 2529
Billings, Montana 59103-2529 Tract D-2, cas No. 1827
Gallatin Center Limited Partnership
220 West Lamme, Suite 1 F
Bozeman, Montana 59715 Lots 2 & 3, Minor Subdivision No. 210
Costco Wholesale Store
c/o Jim Stephens
101 North Hoffman Street
Belgrade, Montana 59714-3608 Lot 1, Minor Subdivision No. 210
United States Postal Service
c/o Postmaster
Bozeman, Montana, 59771 Tract C-1 B, cas No. 1979
Fae B. Rolfe & William A. Rolfe
2501 North 19th Street
Bozeman, Montana 59718-7952 CDS No. 331
American Simmental Assn., Inc.
1 Simmental Way
Bozeman, Montana 59718-9733 Tract 2, Lots 1-5, Gardner Simmental Subdivision
Boie & Kindt Partnership
1925 Dead Mans Gulch
Bozeman, Montana 59715-9700 Tract 3, Lot 1, Gardner Simmental Subdivision
Judith K. Close
3385 Springhill Road
Bozeman, Montana 59715-8474 Tract 3, Lot 2, Gardner Simmental Subdivision
Gibson Guitar Corporation
1818 Elm Hill Pike
Nashville, Tennessee 37210-3710 Tract 4, Lots 1-3, Gardner Simmental Subdivision
C-1
------
Timothy Jon Horton
P.O. Box 2035
Bozeman, Montana 59771-2035 Tract 4, Lot 4, Gardner Simmental Subdivision
Mac Land Company
800 Parker Drive
Belgrade, Montana 59714-9062 Tract 5, Lots 1-2, Gardner Simmental Subdivision
Gary T. Holkup
P.O. Box 104
Bozeman, Montana 59771 Tract 6, Lot 1, Gardner Simmental Subdivision
MacLand Comp
802 Parker Drive
Belgrade, Montana 59714-9062 Tract 6, Lot 2, Gardner Simmental Subdivision
Frank & Lois Armknecht
9748 Cougar Drive
Bozeman, Montana 59718-8303 Tract 6, Lot 3, Gardner Simmental Subdivision
Thomas E. & Sharon K. Reiner
1711 Willow Way
Bozeman, Montana 59715-7302 Tract 6, Lot 4, Gardner Simmental Subdivision
Thomas E. & Sharon K. Reiner
1711 Willow Way
Bozeman, Montana 59715-7302 Tract 7, Lot 2, Gardner Simmental Subdivision
Anthony Wayne Oil Corporation
702 Commerce Building
Fort Wayne, Indiana 46802 Tract 5, Lots 3-4, Gardner Simmental Subdivision
Anthony Wayne Oil Corporation
8302 Starling Drive
Bozeman, Montana 59715-9561 Tract 7, Lot 1, Gardner Simmental Subdivision
Lentana Corporation
c/o Mortbill
P.O. Box 28606
Atlanta, Georgia 30358-0606 Tract 7, Lots 3-4, Gardner Simmental Subdivision
SKA, Inc.
5851 East Baxter Lane
Bozeman, Montana 59718-7930 Tract 8, Lots 1-3, Gardner Simmental Subdivision
D.R. Fisher Company
2251 9 Marine View Drive South
Des Moines, Washington 98198-6835 Tract 8, Lot 4, Gardner Simmental Subdivision
Donald D. Vaniman Trust and
Cecilia R. Vaniman Trust
5020 Westlake Road
Bozeman, Montana 59718 Tract 1, Lot 3, Gardner Simmental Subdivision
State of Montana
c/o Department of State Lands
1625 - 11 th Avenue
Helena, Montana 59620 Unplatted land adjacent to Interstate 90
Carl H. Vandermolen
6045 Shady Rest Street
Manhattan, Montana 59741-8435 Tracts 1 & 2, CDS No. 1256
Wallace E. & Doreen J. Arneson
5762 East Baxter Lane
Bozeman, Montana 59718-8805 124 F 1506, Gallatin County records
Roger H. & Rosalind Smith
2305 West Durston Road
Bozeman, Montana 59718-2615 Lot 3, Annie Subdivision, Phase II
C-2
____on. --..-.-..--.-
Roger H. & Rosalind Smith
2305 West Durston Road
Bozeman, Montana 59718-2615 Lot 5, Annie Subdivision, Phase II
Rose Park
c/o City of Bozeman
P.O. Box 640
Bozeman, Montana 59771 Portion of Annie Subdivision, Phase II
Rose Park
c/o City of Bozeman
P.O. Box 640
Bozeman, Montana 59771 Shown on CDS No. 1240-F
Saba Rock Holdings, Inc.
P.O. Box 1799
Bozeman, Montana 59771 Lot 4, Annie Subdivision, Phase II
C~3
PROPERTY OWNERSHIP AND AREA CALCULATIONS FOR
Revised: January 23, 1998
NORTHWEST WATERLINE S.I.D. BOUNDARY
GROSS NET
ESTIMATED ESTIMATED
ACRES ACRES
ASSESSED MARKET ASSESSMENT IMPROVED
PROPERTY OWNER LEGAL DESCRIPTION (TOTAL)
(ASSESSED) SQUARE FT. VALUE FROM SID
VALUE
Cape France Enterprise Tract A-1, CIS No. 1827 23.36
23.36 1,017,561.60 $1,117.00 $92,634.74
$93,751.74
Cape France Enterprise Tract A-2, CIS No. 1827 10.28
10.28 447,796.80 $424.00 $40,765.63
541,189.63
Accola Ranch, Inc. Tract E-1, CIS No. 1827 4.68
4.68 203,860.80 $2,493.00 $18,558.67
$21,051.67
Amerimont, Inc. Tract B-1, CIS No. 1827 4.24
4.24 184,694.40 $169.00 $16,813.84
$16,982.84
Estate of Eugene Graf Jr. & Genevieve S. Graf Tract C-2, CfS No. 1827 2.13
2.13 92,782.80 $345.00 $8,446.57
$8,791.57
Estate of Eugene Graf Jr. & Genevieve S. Graf Tract 0-1, CIS No. 1827 3.70
3.70 161,172.00 $1,437.00 $14,672.45
$16,109.45
Estate of Eugene Graf Jr. & Genevieve S. Graf Tract 0-2, CfS No. 1827 7.68
7.68 334,540.80 $4,427.00 $30,455.26
$34,882.26
Gallatin Center Limited Partnership Lots 2 & 3, Minor Subdivision No. 210 131.70
131.70 5,736,852.00 est. $4,650.00
$522,260.06 $526,910.06
Gostee Wholesale Store Lot 1 of Minor Subdivision No. 210 13.73
13.73 598,078.80 est. 56,400,000.00 $54,446.70
$6,454,446.70
United States ~ostal Service Tract C-1 S, CIS No. 1979 5.99 5.
53 240,886.80 est. $4,058,600.00 $21,929.37
$4,080,529.37
Fae B. Rolfe & William A. Rolfe CfS No. 331 20.33
20.33 885,574.80 $109,003.00 $80,619.19
$189,622.19
American Simmental Assn.., Inc. Tract 2, Lots 1-5 Gardner Simmental Subdivision 18.14
18.14 790,178.40 $1,077,137.00
$71,934.68 $1,149,071.68
Boie & Kindt Partnership Tract 3, Lot 1 Gardner Simmenta! Subdivision 4.14
4.14 180,338.40 $1,095,149.00
$16,417.29 $1,111,566.29
Judith K Close Tract 3, Lot 2 Gardner Simmental Subdivision 4.08
4.08 177,724.80 $350,062.00 516,179.35
$366,241.35
Gibson Guitar Corporation Tract 4, Lots 1-3 Gardner Simmental Subdivision 6.21
6.21 270,507.60 $1,343,621.00
$24,625.93 $1,368,246.93
Timothy Jon Horton Tract 4, Lot 4 Gardner Simmental Subdivision 2.17
2.17 94,525.20 $239,836.00 $8,605.20
$248,441.20
Mac Land Company Tract 5, Lots 1 & 2 Gardner Simmental Subdivision 3.95
3.95 172,062.00 $433,056.00
$15,663.84 $448,719.84
Mac Land Company Tract 6, Lot 2 Gardner Simmental Subdivision 2.37
2.37 103,237.20 $251,361.00 $9,398.30
$260,759.30
Gary T. Holkup Tract 6, Lot 1 Gardner Simmental Subdivision 1.57
1.57 68,389.20 $180,085.00 $6,225.88
$186,310.88
Frank & Lois Armknecht Tract 6, Lot 3 Gardner Simmental Subdivision 2.27
2.27 98,881.20 $245,430.00 $9,001.75
$254,431.75
Thomas E. & Sharon K. Reiner Tract 6, Lot 4 Gardner Simmental Subdivision 2.27
2.27 98,881.20 $245,430.00
$9,001.75 $254,431.75
Thomas E. & Sharon K. Reiner Tract 7, Lot 2 Gardner Simmental Subdivision 2.17
2.17 94,525.20 $694,036.00
$8,605.20 $702,641.20
Anthony Wayne Oil Corporation Tract 5, Lots 3 & 4 Gardner Simmental Subdivision 4.54
4.54 197,762.40 $1,552,060.00
$18,003.50 $1,570,063.50
Anthony Wayne Oil Corporation Tract 7, Lot 1 Gardner Simmenta! Subdivision 2.02
2.02 87,991.20 $229,308.00
$8,010.37 $237,318.37
Lentana Corporation Tract 7, Lots 3 & 4 Gardner Simmental Subdivision 4.19
4.19 182,516.40 $898,807.00
$16,615.56 $915,422.56
SKA, Inc. Tract 8, Lots 1-3 Gardner Simmental Subdivision 6.50
6.50 283,140.00 $1,446,751.00 $25,775.93
$1,472,526.93
D.R. Fisher Company Tract 8, Lot 4 Gardner Simmental Subdivision 2.44
2.44 106,286.40 $237,881.00 $9,675.89
$247,556.89
Donald D. Vaniman Trust & Cecilia Vaniman Trust Tract 1, Lot 3 Gardner Simmental Subdivision
5.71 5.71 248,727.60 $347,180.00 $22,643
.17 $369,823.17
State of Montana Unplatted Land Adjacent to Interstate 90 33.54
33.54 1,461,002.40 Exempt $133,003.81
$133,003.81
Carl H. Vandermolen Tract 1 & 2, CIS No. 1256 40.24
39.31 1,712,343.60 $46,458.00 $155,884.91
$202,342.91
Wallace E. & Doreen J. Arneson 124 F 1506 Gallatin County Records 7.54
7.37 321,037.20 $180,000.00 $29,225.94
$209,225.94 m
Roger H. & Rosalind Smith Lot 3 of Annie Subdivision Phase II 6.75
6.75 294,030.00 $4,586.00 $26,767.32
$31,353.32 ><
Roger H. & Rosalind Smith Lot 5 of Annie Subdivision Phase II 10.99
10.99 478,724.40 $7,471.00 $43,581.15
$51,052.15 I
tc
-I
CJ
GROSS NET
ESTIMATED ESTIMATED
ACRES ACRES
ASSESSED MARKET ASSESSMENT IMPROVED
PROPERTY OWNER LEGAL DESCRIPTION (TOTAL)
(ASSESSED) SQUARE FT. VALUE FROM SID VALUE
Rose Park Portion of Annie Subdivision Phase II 18.51
18.51 806,295.60 Exempt $73,401.93 $73,401.93
Rose Park Shown on CIS No. 1240-F 2.38
2.00 87,120.00 Exempt $7,931.06 $7,931.06
Saba Rock Ho!dings, Inc. Lot 4 of Annie Subdivision Phase II 9.64
9.64 419,918.40 $322,808.00 $38,227.69 $361,035.69
NET PROPERTY OWNERSHIP: 432.15 430.21
$22,011,178.00 $1,706,009.87 $23,717,187.87
ROAD AREA: 39.13
GROSS AREA FOR S.LD. BOUNDARY: 469.34
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE THE
DISTRICT FOR THE PURPOSE OF UNDERT AKING
CERT AIN LOCAL
IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL
THERETO THROUGH THE
ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT
DISTRICT REVOLVING FUND
CITY OF BOZEMAN, MONT ANA
NOTICE IS HEREBY GIVEN that on February 2, 1998, the City Commission of the
City of Bozeman, Montana (the "City"), adopted a Resolution of Intention to Create an
Extended Special Improvement District No. 665 (the "District") for the purpose of financing
the costs of certain local improvements (the "Improvements") and paying costs incidental
thereto, including costs associated with the sale and the security of special improvement
district bonds of the City drawn on the District (the "Bonds"), the creation and administration
of the District, and the funding of a deposit to the City's Special Improvement District
Revolving Fund (the "Revolving Fund"). The Improvements shall be constructed and installed
pursuant to plans and specifications prepared by Gaston Engineering and Surveying and
approved by the City Engineer.
A complete copy of the Resolution of Intention (the "Resolution") is on file with the
Clerk of the Commission which more specifically describes the nature of the Improvements,
the boundaries and the area included in the District, the location of the Improvements and
other matters pertaining thereto and further particulars. A map of the proposed District
accompanies this notice.
The Improvements consist of the following: engineering, design, construction,
installation and inspection of 10-inch and 12-inch
water mains and all necessary
appurtenances to serve lots and tracts generally lying along North 19th Avenue, north of
West Oak Street and south of the North 19th Avenue 1-90 Interchange, to include, but not
be limited to, trench excavation and backfill, bedding material, ductile iron water mains,
valves, fire hydrants and fittings, and other necessary appurtenances thereto.
The total
estimated costs of the Improvements, including all incidental costs, are $1,706,000.
The City proposes to issue the Bonds in an aggregate principal amount not to exceed
$1,706,000 in order to finance the costs of the Improvements. Principal of and interest on
the Bonds will be paid from special assessments levied against the property in the District
in the aggregate principal amount of $1,706,000 and such payment will be secured by the
Revolving Fund. Subject to the limitations of Montana Code Annotated, Section 7-12-4222,
the general fund of the City may be used to provide loans to the Revolving Fund or a general
tax levy may be imposed on all taxable property in the City to meet the financial
requirements of the Revolving Fund.
All properties in the District will be assessed for their proportionate share of the
costs of the Improvements. Each lot, block, tract or parcel of land within the District will
be assessed for that portion of the whole cost which its area bears to the area of the entire
District, exclusive of streets, avenues, alleys and public places. The total area of the District
to be assessed is 18,739,947.6 square feet and is the area on which all protests will be
received, considered and determined. The estimated cost of Improvements, exclusive of
interest, is $0.09104 per square foot.
On March 2, 1998 at 7:00 p.m., in the Commission Room, Municipal Building, 411
East Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and
pass upon all written protests against the creation or extension of the District, or the making
of Improvements that may be filed in the period hereinafter described.
Written protests against the creation or extension of the District and the making of
the Improvements may be filed by an agent, person, firm or corporation owning real property
within the proposed District whose property is liable to be assessed for the Improvements.
Such protests must be delivered to the Clerk of the Commission at the Municipal Building,
411 East Main Street Bozeman, Montana, not later than 5:00 p.m., M.S.T., on February 24,
1998.
Further information regarding the proposed District or the Bonds or other matters in
respect thereof may be obtained from the Clerk of the Commission at 411 East Main Street
or by telephone at (406) 582-2320.
Dated: February 2, 1998.
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONT ANA
~ ;:/~
Clerk of the Commission
Legal Ad
Publication Dates: Monday, February 9, 1998
Monday, February 16, 1998
-2-
u._ n._...____ ..-..-.---..---
COMMISSION RESOLUTION NO. 3227
Intent to create SID No. 665 - improvements consist of engineering, design,
construction, installation and inspection of 10-inch and 12-inch water mains and all
necessary appurtenances, generally along North 19th Avenue, north of West Oak Street and
south of the North 19th Avenue 1-90 Interchange, to include, but not be limited to, trench
excavation and backfill, bedding material, ductile iron water mains, valves, fire hydrants and
fittings, and other necessary appurtenances thereto.
Name and MailinQ Address DescriDtion
Cape France Enterprise
2220 West Main St.
Bozeman, Montana 59715 Tract A-1, CDS No. 1827
Cape France Enterprise
2220 West Main St.
Bozeman, Montana 59715 Tract A-2, CDS No. 1827
Accola Ranch, Inc.
77 Centennial Trail
Bozeman, Montana 59715-8604 Tract E-1, CDS No. 1827
Amerimont, Inc.
P.O. Box 990,
Manhattan, Montana 59741-0990 Tract B-1, CDS No. 1827
Estate of Eugene Graf Jr.
& Genevieve S. Graf
c/o Eugene Graf III
P.O. Box 2529
Billings, Montana 59103-2529 Tract C-2, CDS No. 1827
Estate of Eugene Graf Jr.
& Genevieve S. Graf
P.O. Box 2529
Billings, Montana 59103-2529 Tract 0-1, cas No. 1827
Estate of Eugene Graf Jr.
& Genevieve S. Graf
P.O. Box 2529
Billings, Montana 59103-2529 Tract 0-2, COS No. 1827
Gallatin Center Limited Partnership
220 West Lamme, Suite 1 F
Bozeman, Montana 59715 Lots 2 & 3, Minor Subdivision No. 210
Costco Wholesale Store
c/o Jim Stephens
101 North Hoffman Street
Belgrade, Montana 59714-3608 Lot 1, Minor Subdivision No. 210
United States Postal Service
c/o Postmaster
Bozeman, Montana, 59771 Tract C-1 B, cas No. 1979
Fae B. Rolfe & William A. Rolfe
2501 North 19th Street
Bozeman, Montana 59718-7952 COS No. 331
American Simmental Assn., Inc.
1 Simmental Way
Bozeman, Montana 59718-9733 Tract 2, Lots 1-5, Gardner Simmental Subdivision
Boie & Kindt Partnership
1925 Dead Mans Gulch
Bozeman, Montana 59715-9700 Tract 3, Lot 1, Gardner Simmental Subdivision
Judith K. Close
3385 Springhill Road
Bozeman, Montana 59715-8474 Tract 3, Lot 2, Gardner Simmental Subdivision
.- ..- ------
Gibson Guitar Corporation
1818 Elm Hill Pike
Nashville, Tennessee 37210-3710 Tract 4, Lots 1-3, Gardner Simmental Subdivision
Timothy Jon Horton
P.O. Box 2035
Bozeman, Montana 59771-2035 Tract 4, Lot 4, Gardner Simmental Subdivision
Mac Land Company
800 Parker Drive
Belgrade, Montana 59714-9062 Tract 5, Lots 1-2, Gardner Simmental Subdivision
Gary T. Holkup
P.O. Box 104
Bozeman, Montana 59771 Tract 6, Lot 1, Gardner Simmental Subdivision
MacLand Comp
802 Parker Drive
Belgrade, Montana 59714-9062 Tract 6, Lot 2, Gardner Simmental Subdivision
Frank & Lois Armknecht
9748 Cougar Drive
Bozeman, Montana 59718-8303 Tract 6, Lot 3, Gardner Simmental Subdivision
Thomas E. & Sharon K. Reiner
1711 Willow Way
Bozeman, Montana 59715-7302 Tract 6, Lot 4, Gardner Simmental Subdivision
Thomas E. & Sharon K. Reiner
1711 Willow Way
Bozeman, Montana 59715-7302 Tract 7, Lot 2, Gardner Simmental Subdivision
Anthony Wayne Oil Corporation
702 Commerce Building
Fort Wayne, Indiana 46802 Tract 5, Lots 3-4, Gardner Simmental Subdivision
Anthony Wayne Oil Corporation
8302 Starling Drive
Bozeman, Montana 59715-9561 Tract 7, Lot 1, Gardner Simmental Subdivision
Lentana Corporation
c/o Mortbill
P.O. Box 28606
Atlanta, Georgia 30358-0606 Tract 7, Lots 3-4, Gardner Simmental Subdivision
SKA, Inc.
5851 East Baxter Lane
Bozeman, Montana 59718-7930 Tract 8, Lots 1-3, Gardner Simmental Subdivision
D.R. Fisher Company
22519 Marine View Drive South
Des Moines, Washington 98198-6835 Tract 8, Lot 4, Gardner Simmental Subdivision
Donald D. Vaniman Trust and
Cecilia R. Vaniman Trust
5020 Westlake Road
Bozeman, Montana 59718 Tract 1, Lot 3, Gardner Simmental Subdivision
State of Montana
c/o Department of State Lands
1625 - 11 th Avenue
Helena, Montana 59620 Unplatted land adjacent to Interstate 90
Carl H. Vandermolen
6045 Shady Rest Street
Manhattan, Montana 59741-8435 Tracts 1 & 2, CDS No. 1256
Wallace E. & Doreen J. Arneson
5762 East Baxter Lane
Bozeman, Montana 59718-8805 124 F 1506, Gallatin County records
Roger H. & Rosalind Smith
2305 West Durston Road
Bozeman, Montana 59718-2615 Lot 3, Annie Subdivision, Phase II
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Roger H. & Rosalind Smith
2305 West Durston Road
Bozeman, Montana 59718-2615 Lot 5, Annie Subdivision, Phase II
Rose Park
c/o City of Bozeman
P.O. Box 640
Bozeman, Montana 59771 Portion of Annie Subdivision, Phase II
Rose Park
c/o City of Bozeman
P.O. Box 640
Bozeman, Montana 59771 Shown on COS No. 1240-F
Saba Rock Holdings, Inc.
P.O. Box 1799
Bozeman, Montana 59771 Lot 4, Annie Subdivision, Phase II
This is to certify that I did personally mail, on the 9th day of February 1998, postage
prepaid, a copy of the attached Notice in Re to the foregoing owners in Special Improvement
District No. 665.
vL.z ~
ROBIN L. SULLIVAN
Clerk of the Commission
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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
a Resolution entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 665;
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE AN
EXTENDED SPECIAL IMPROVEMENT DISTRICT NO.
665 FOR THE PURPOSE OF
UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF
AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED
BY THE CITY'S SPECIAL
IMPROVEMENT DISTRICT
REVOl VING FUND" (the "Resolution"), on file in the original records of the City in my legal
custody; that the Resolution was duly adopted by the City Commission of the City at a
meeting on February 2, 1998, 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: Commi ss i oners Smil ey. Rudberq.
Frost and Younqman and Mayor Stiff
; voted
against the
same: None ; abstained from voting thereon:
None
; or were absent:
None
WITNESS my hand officially this 3rd
day of February, 1998.
()~
oIk
Clerk of the Commission