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HomeMy WebLinkAboutResolution 3227 Intent to create SID 665, northwest water line __u .______. _._____ 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 - 2 - ~ --. -----..-- - ...-- --...--. - 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 - 3 - -. .-.-- 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. - 4 - .. --.. -----...-.--- _...- 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 - 5 - ___________..._____._ __..__.._. __ _ ..._____ .__n -- ---...----. 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 - 6 - ---- EXHIBIT A BOUNDARY MAP FOR NORTHWEST WATER LINE S.I.D. 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W G ~t(ll'l~ of &14.04 r.,I, N onll<4J. E: a d'.ton~. (It 1301,M reet tltid ~~ WlJ. ~c~~-C:~~.~: :t:itth~t31~~.,.t~~tl~ j ~r~::L:."d~:/~ ~~2'~;;:!I~0 ::;~orh.2 1I~11~:':;~ :~Ion Hi J. I~.. 0' toCIld Section '" OfId ,,,. ...t 111'1" of .ald l,(lt 3 III 00" !'f2" E: 0 dr.talle. of Ze:!5<J.1S felllt to !I pDi-lt being tl'!. - c.,..,.,. ~ lIIuld SlIIIItlori J5: -n-.",,(.. cOI'IUnutllg 1II0llIjI ~Id ",!d-MoeUort IIn. !lnd 1h., \II,st tll't. \)f 8dld Lot J N OO'1Je'JS- W ~. - - a dhrtmetl of 285e.f7 '-"t to the Pa~t of Be;lnn~'iI- Sold MD, BC)uhdcry bmnl~ 4;,J4 ottee. ~~ , Jlli'A , tm I ~~ , ~, ~,' .u :;r;: '"'" >.:11I'.11II :r:~ I "'ACT 7 I..IIr 1 I.,~ III\- Ul,.l ~~J NaII'JtIIIO'TWA'IDUH!. ~tD. ......... .t ~ ""ACt ~ ~'}t .'11), 111.\ IWJ. 11\'.t ,,' 0'I:~2 Jo" ~ ~~ ~. --~-r~ c.(I..!!. ,~ ~ ~ i~ ~.lIjtjA I w..,,, ...... ~!'i " ---I ..m~ 5;.) );~ ..~.. - ~~ 131M:- ".- z ~ I ~o,'TV..II!1~ ________ r -- : I ~~.. L ~u~~-.r 101 : ~. M;. _------..........~ ~ ~ '!:1~ I "If C,Q.iI.~.. 11'111II C,D,I,Iit. tZitwl 110M Ae. ~, -~ -~ ,,- I ~ , ..':::'" I'I.M....'1'11 : I D.1IIoK. I I NQIIrTWw[$T WA1UUNE/ I II"" .. !.r.D. 1IoIJNDM'I' ~; I.. ., ~,- '" ~M '"" I - ~S I ,..~ z I VI GoO.s. Na. 1240--l \ _Ie t;;t I \ II : ~I I, I~, I I ----~ il I ~ : OM::, ;><<>-' CITY '" """"." '\~ GA8I'ON ENGINEERING k SIJRVEYING ~"iDM~.utftII~_*,l!I(JII.ttI3'i'U<<J I aobKAM, MGJIT'-"'... ',"'- 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 -...- . .----.-- 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 -- ------ ._-- .. ~.,~""'-- 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