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HomeMy WebLinkAboutResolutions 5647 - Intent to Create SID 789 for Wastewater Improvements to Annexed Properties of the Riverside Community RESOLUTION NO. 5647 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 789 (RIVERSIDE NEIGHBORHOOD); DECLARING IT TO BE THE INTENTION OF THE BOZEMAN 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 SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND; AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: WHEREAS, the wastewater treatment facilities of Riverside County Water and Sewer District No. 310 (“Riverside”) are out of compliance with applicable laws, rules, and regulations; and WHEREAS, the Board of Directors of Riverside concluded that the preferred alternative for addressing Riverside’s wastewater treatment shortcomings was to connect its sewer collection system to the City’s Water Reclamation Facility; and WHEREAS, as a condition to connecting to the City’s Water Reclamation Facility, the City required Riverside to be annexed into the City limits; and WHEREAS, Riverside, through its Board of Directors and a number of the owners of lots, tracts, and parcels within Riverside, voluntarily petitioned for annexation into the City and voluntarily petitioned for the creation of a special improvement district for the purpose of financing the costs of the public wastewater infrastructure that connects Riverside’s sewer collection system to the City’s Water Reclamation Facility; and 2 WHEREAS, as a part of the petition to annex and petition to create a special improvement district, the petitioners, among other things, consented to annexation and the creation of the special improvement district and waived their right to protest all matters pertaining thereto; and WHEREAS, the Riverside Neighborhood was annexed to the City pursuant to Resolution No. 5355; and WHEREAS, the City, pursuant to the request of Riverside and numerous owners of lots, tracts, and parcels therein, now seeks to create the special improvement district to finance the costs of the wastewater infrastructure that benefits Riverside and each lot, tract, and parcel in Riverside. Section 1 Proposed Improvements; Intention to Create District. The City proposes to undertake certain local improvements (the “Improvements”) to benefit certain real property located in the City limits known as the Riverside Neighborhood as described in Resolution No. 5355. The Improvements consist of the design, engineering, and construction of a sewer lift station, sewer force main, and associated improvements to deliver wastewater to the City's Water Reclamation Facility. The total estimated costs of the Improvements and all associated costs are $3,791,320, which 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 (the “Act”), a special improvement district (the “District”) for the purpose of financing the 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 Bonds are to be payable from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements in an amount not less than $3,791,320. 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. 789 of the City of Bozeman, Montana. Section 3 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), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District that are subject to assessment is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A and described on Exhibit B are hereby declared to be the special improvement district and the territory which will be benefited by the Improvements. The properties to be assessed for costs of the Improvements are listed on Exhibit B. Such properties included within said limits and boundaries are hereby declared to be the property benefited by the Improvements. Section 5 General Character of the Improvements. The general character of the Improvements is design, engineering and construction of certain sewer improvements in and serving the Riverside Neighborhood and related improvements. The Improvements consist of a new sewer lift station, approximately 4,000 lineal feet of 6-inch sewer force main to deliver wastewater to the City's Water Reclamation Facility, and associated improvements. Section 6 Engineer and Estimated Cost. DOWL, of Bozeman, Montana, is the City’s consulting engineer in connection with the Improvements. The Consulting Engineer has estimated that costs of the Improvements and all associated costs are $3,791,320, as shown on Exhibit C, which are to be paid from proceeds of the Bonds. Such estimates are subject to revision or to amendment. Section 7 Assessment Methods. 7.01. Method; Property To Be Assessed. The costs of the Improvements shall be assessed against all lots, parcels, and tracts located in the District benefitting from the Improvements as set forth in this Section 7. 4 7.02. Equal Amount Per Lot, Parcel, and Tract; Residential Equivalent Assessments. (a) Residential Equivalent Assessments. All lots, parcels, and tracts within the District will be assessed depending on whether the lot, tract, or parcel is used for residential or nonresidential purposes. There are currently 127 lots, tracts, and parcels in the District that are used or available to be used for residential purposes. There are currently 4 lots, tracts, and parcels in the District that are used for nonresidential purposes, all of which are attributable to the Riverside County Club and its golf course (collectively, the “Golf Course Properties”). For purposes of sewer use and benefit, three of the four Golf Course Properties (the maintenance building, the tennis parcel, and the restroom tract on the fairway) are each deemed to be equivalent to a property used or to be used as a residential dwelling unit, particularly taking into consideration the seasonal variation in use of those three Golf Course Properties. The tract on which the clubhouse and associated improvements are located (the “Clubhouse Tract”) has much higher sewer use as compared to a residential property and is benefited considerably more by and imposes considerably more of a burden on the Improvements as compared to a residential property. Each of the Golf Course Properties that is other than the Clubhouse Tract will be treated as the equivalent of one residential lot, tract, or parcel. The Clubhouse Tract will be treated as the equivalent of 12 residential lots, tracts, or parcels. (b) Estimated Total Principal Amount of Assessment. Based on the information in subparagraph (a) of this Section 7.2, there are a total of 142 residential equivalent lots, tracts, and parcels subject to special assessments. Assuming bonds are issued in a principal amount of $3,791,320, the total principal amount of the assessment for costs of the Improvements and incidental costs for each residential and residential equivalent lot, tract, parcel in the District is estimated to be $26,700. Accordingly, the total principal amount of the assessment against the Clubhouse Tract is estimated to be $320,400. 7.03. Future Subdivision; Consolidation. If an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the District during the term of the Bonds, or the number of lots, tracts, or parcels used for nonresidential purposes increases or the existing nonresidential use changes materially, the Commission will recalculate the amount assessable to 5 each lot, tract, or parcel; provided that the amount of the residential equivalent assessment does not increase. The recalculation will be based on the amount of the District’s outstanding principal of and interest on the Bonds for the current fiscal year in which the recalculation occurs and the City will spread the assessments across the District based on the number of benefited lots, tracts, or parcels within the boundaries of the District as of the July 1 following the action that resulted in the increase in or adjustment to the number of benefited lots, tracts, or parcels, or the increase in the number of lots, tracts, or parcels used for nonresidential purposes, all as provided in Section 7-12-4162(3)(b), MCA. In doing so, the Commission will comply with Sections 7-12-4176 through 7-12-4178, MCA. From and after creation of the District the lien of the special assessments to pay or finance the costs of the Improvements and incidental costs is not extinguished or diminished by the combination or consolidation of multiple lots, tracts, or parcels into fewer lots, tracts, or parcels; accordingly, the area consisting of a combined or consolidated lot, tract, or parcel or lots, tracts, or parcels will be assessed in an amount equal to the amount it would have been assessed had the combination or consolidation of lots, tracts, or parcels not occurred. 7.04. Assessments Stated as Principal Only. The dollar amounts of the special assessments stated above in this Section 7 and set forth in Exhibit B are stated only as total principal amounts. The special assessments, when levied, will include interest at the prevailing interest rate as prescribed by the Act, and such principal and interest will be amortized over the term of the Bonds and payable in semiannual installments. The term of the Bonds is expected to be not longer than twenty (20) years. 7.05. Assessment Methodology Equitable 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 benefited 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 therefor within the District. Section 8 Method of Financing; Pledge of Revolving Fund; Findings and Determinations. The City will issue the Bonds in an aggregate principal amount not to exceed $3,791,320 to finance costs of the 6 Improvements and costs incidental thereto. Principal of and interest on the Bonds will be paid from special assessments levied against properties in the District. This Commission finds it is in the public interest, and in the best interest of the City and the District, to secure payment of the 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, MCA, 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. As of July 2024, the estimated assessed value of the lots, tracts, and parcels, as improved, for property tax purposes in the District and using only the column headed “Total Assessed Market Value” on Exhibit B ranges from $215,400 to $5,887,816. The special assessments to be levied under Section 7 against each applicable lot, tract, or parcel in the District is less than the estimated increase in market value of the lot, tract, or parcel as a result of the construction of the Improvements. (b) Diversity of Property Ownership. There are 131 lots, parcels, and tracts in the District. Such lots, parcels, and tracts are owned by approximately 127 different owners. Approximately 4 owners own two or more lots, tracts, or parcels in the District, and the owner of the most lots, tracts, or parcels in the District owns 4 lots, tracts, or parcels in the District (i.e., the Golf Course Properties). The ownership of the properties within the District as reflected in the County’s property ownership records as of July 2024 is shown on Exhibit B. (c) Undeveloped Lots or Tracts. Of the 127 residential lots, tracts, and parcels in the District to be assessed for the Improvements, roughly one is undeveloped and 126 are developed. (d) Comparison of Special Assessments and Property Taxes and Market Value. Information showing market value information for properties within the District is set forth on Exhibit B. The assessed market value of each applicable parcel in the District is greater than the amount of the assessment to be levied against it. 7 (e) Amount of Outstanding Special Assessments. Special assessments are caused to be levied or are levied against properties in the District by various local governments, including Gallatin County, the City, and Riverside. For purposes of this resolution, outstanding special assessments are deemed to be special assessments due during fiscal year 2025. Based on information supplied by the County, Riverside, and the City, it is estimated that the amount of outstanding special assessments against property in the District totals approximately $201,302.61. This amount is only an estimate based on line items on property tax statements that are clearly delineated as or known to be special assessments; the amount excludes property taxes against property in the District and other charges that are not clearly special assessments. (f) Delinquencies. The historical rate of tax delinquencies in the District is not greater than the City as a whole. Zero or one of the 131 lots, tracts, and parcels in the District to be assessed for the Improvements have tax delinquencies as of October 2024. (g) The Public Benefit of the Improvements. The Improvements will result in uniform and reliable sewer within the City and are of general benefit to City residents as well as of special benefit to the District. Section 9 Reimbursement Expenditures. 9.01. Regulations. The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) in no event 8 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. 9.02. Prior Expenditures. Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iii) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Improvements have been paid by the City before the date 60 days before the date of adoption of this resolution. 9.03. Declaration of Intent. The City reasonably expects to reimburse the expenditures made for costs of the Improvements out of the proceeds of Bonds in an estimated maximum aggregate principal amount of $3,791,320 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. 9.04. Budgetary Matters. As of the date hereof, there are no City 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 determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 9.05. Reimbursement Allocations. The City Finance Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Improvements. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Improvements and shall specifically identify the actual original expenditure being reimbursed. Section 10 9 Public Hearing; Protests. At any time within seventeen (17) 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 only those subject to assessment for the cost and expense of making the Improvements may make and file with the City Clerk’s office until 5:00 p.m., M.T., on the expiration date of the 17-day period (December 10, 2024), written protest against the proposed Improvements, or against the extension or creation of the District or both. 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 protest must be delivered to the City Clerk’s office, who shall endorse thereon the date of its receipt by the City Clerk or the Deputy Clerk. This Commission will at its next regular meeting after the expiration of the seventeen (17) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which regular meeting will be held on December 17, 2024, at 6:00 p.m., at the Commission Meeting Room, City Hall, 35 N. Rouse Avenue in Bozeman, Montana. 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 City on November 23, 2024 and November 30, 2024, 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 its name upon the last completed assessment roll for state, City, and school district taxes, at its last-known address, on or before the same day such notice is first published. 10 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this 19th day of November, 2024. TERRY CUNNINGHAM Mayor ATTEST: MICHAEL MAAS City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney (SEAL) 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. 5647, entitled: “RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 789 (RIVERSIDE NEIGHBORHOOD); DECLARING IT TO BE THE INTENTION OF THE BOZEMAN 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 SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND; AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE” (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 November 19, 2024, 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 Commission Members voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 19th day of November, 2024. (SEAL) MICHAEL MAAS City Clerk EXHIBIT A A-1 EXHIBIT B B-1 EXHIBIT C C-1