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HomeMy WebLinkAboutResolutions 5464 - Resolution Title Unknown DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 co ro RESOLUTION 5464 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 778 FOR LOCAL IMPROVEMENTS TO BOGERT PLACE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1. Proposed Improvements; Intention To Create District. The City proposes to undertake certain local improvements (the "Improvements")to benefit certain property located in the City limits. The improvements consist of roadway improvements to Bogert Place between South Church Avenue and East Story Street, including: repaving of the road, replacement of curbing, installation of storm drainage improvements, and pedestrian ramps, as more particularly described in Section 5. The total estimated costs of the Improvements are $499,000. Pursuant to Resolution 4507 and 5174,$331,936 will be paid from the City's Street Maintenance District fund, leaving $167,064 of the costs of the Improvements to be funded through the District (hereinafter referred to as the"District's Share of the Improvements"). It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, a special improvement district (the "District") for the purpose of financing the District's Share of the Improvements and paying costs incidental thereto, including any costs associated with issuance of warrants drawn against special assessments to be paid by benefitted properties in the District (the "Warrants"), the creation and administration of the District, and the funding of an administrative charge to the General Fund for costs associated with financing of the Improvements(collectively the "Incidental Costs"). The total estimated cost of the District's Share of the Improvements, including such Incidental Costs, to be financed is $168,064. The City Commission intends to provide the funds to pay the District's Share of the Improvements and the Incidental Costs through an interfund loan from the General Fund to the Bogert Place SID Fund. The City Commission intends to direct that the funds so applied will be evidenced by and will purchase the Warrants issued against the SID 778 Bogert Place Fund into which special assessments paid by owners of benefitted properties in the District will be deposited. The properties in the District subject to assessment will be specially benefited by the Improvements in DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1O47 an amount not less than$168,064. 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. 778 of the City of Bozeman, Montana. Section 3. Boundaries of District. The limits and boundaries of the District are depicted by the continuous line circumscribing the exterior boundaries of the properties shown on the map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof) and includes all those lots and parcels on Bogert Place between South Church Avenue and East Story Street which front directly on Bogert Place, legal descriptions of which are contained in Exhibit B hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. Section 4. Benefitted Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A and Exhibit B are hereby declared to be the special improvement district and the territory that will benefit from and be benefitted by the Improvements and will be assessed for a portion of the costs of the Improvements as described herein. The property included within said limits and boundaries is hereby declared to be the property benefitted by the Improvements. Section 5. General Character of the Improvements. The Improvements to be constructed generally consist of removing the existing street pavement and curbing, installing a 35-foot-wide street section on Bogert Place with gravel base course material, asphaltic cement surfacing, City standard curbs and gutters, pedestrian ramps, traffic control signage and pavement striping, storm drains, and all related improvements on these streets. The Improvements shall include the engineering design, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage, and all necessary permits and appurtenances to complete the road installation. Each lot, parcel, or tract abutting such portion of Bogert Place, as set forth on the attached Exhibit B, will be improved with or benefitted by such Improvements. Section 6. Engineer and Estimated Cost. The City, acting through its City Engineer, shall be the engineer for the District. The Engineer has estimated the costs of the Improvements to be $499,000, as shown on Exhibit C, attached hereto (and hereby incorporated herein and made a part hereof). The City has committed $331,936 in Street Maintenance District funds, in accordance with Commission Resolution No. 4507 and 5174,to the costs of the Improvements. The District's Share of the Improvements, plus the Incidental Costs, are $168,064. The District's Share of the costs of the Improvements to be financed by the proceeds of the Warrants are shown on Exhibit B (which is hereby. incorporated herein and made a part hereof). Section 7. Assessment Methods. 7.1. Property To Be Assessed. All properties in the District will be assessed for their proportionate share of the costs of the District's Share of the Improvements plus the Incidental Costs from which they derive a benefit as determined and set forth herein. The District's Share of DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 the Improvements plus the Incidental Costs shall be assessed against the property in the District benefitting from these Improvements, based on the method as authorized by Section 7-12-4163, M.C.A., as particularly applied and set forth in Section 7.2 hereof. 7.2. Lot Frontage. The District's Share of the Improvements plus the Incidental Costs will be assessed using the lot frontage method of assessment. The Engineer has determined the lineal feet of the frontage on Bogert Place of each lot,tract or parcel,based on current recorded plats and certificates of survey for each lot,tract or parcel of land,on file at the Clerk and Recorder's office. The total lineal feet frontage of the District to be assessed, exclusive of streets, roads, and rights- of-way, is 1,210.61 feet. The total estimated cost of the District's Share of the Improvements, including Incidental Costs, to be funded through the District is $168,064 and shall be assessed against each lot,tract or parcel of land in the District for that part of the costs of the District's Share of the Improvements that the frontage of such lot, tract or parcel bears to the total frontage of all lots, tracts or parcels of land in the District, exclusive of streets, roads, and rights-of-way. The District's Share of the Improvements plus the Incidental Costs per lineal foot of frontage, exclusive of interest, shall not exceed $138. The estimated principal assessment for each lot, tract or parcel of land for the District's Share of the Improvements is shown on Exhibit C hereto. 7.4. Principal Amount Only; Interest Rate. The estimated dollar amount of each special assessment against each lot, tract, or parcel in the District is only the principal amount of such special assessment. Notwithstanding any provision herein to the contrary, pursuant to 7-12- 4189(1), MCA, all unpaid special assessments will bear interest at a rate equal to the sum of the average interest rate payable on the outstanding Warrants at the time the assessment is levied plus not less than '/2 of 1%per year. 7.4. Assessment Methodology Equitable and Consistent with Benefit. This Commission hereby determines that the method of assessment described above and the assessment of costs of the District's Share of the Improvements against the properties benefied thereby as prescribed in this Section 7 are equitable and in proportion to and not exceeding the special benefits derived from the Improvements by the lots, tracts and parcels to be assessed therefore within the District. Section 8. Payment of Assessments. The special assessments for the costs of the District's Share of the Improvements plus the Incidental Costs shall be payable over a term not exceeding (20)twenty years, each in equal semi-annual installments of principal,plus interest,or equal semi- annual payments of principal and interest, as this Commission shall prescribe in the resolution authorizing the issuance of the Warrants. Property owners have the right to prepay assessments as provided by law. The estimated total principal amounts of special assessments against properties in the District are shown on the attached Exhibit B. Such amounts are estimates only and are exclusive of interest. In the event the District is created and the Warrants are issued, and an interfund loan from the City's General Fund is used to purchase the Warrants thereby making available funds to finance the District's Share of the Improvements including the Incidental Costs, the special assessments levied against properties in the District will be stated as semiannual installments of principal and interest over a term of up to twenty(20) years. Section 9. Method of Financing. The City on behalf of the District will issue the Warrants payable to the General Fund in an aggregate principal amount not to exceed $168,064 in order to DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 finance a portion of the costs of the Improvements and all Incidental Costs. The City Commission intends to use excess monies of the Revolving Fund transferred to the General Fund to purchase the Warrants to make funds available to finance the District's Share of the Improvements including the Incidental Cost, such Warrants to be held by the General Fund and drawn against the SID 778 Bogert Place Fund. Principal of and interest on the Warrants will be paid from special assessments levied against the benefitted properties in the District. In determining it intends to authorize a loan from the General Fund to the SID 778 Bogert Place Fund, this Commission has taken into consideration the following factors: (a) Diversity of Property Ownership. There are 7 (seven) separate parcels of land in the District, with 9 separate owners. (b) Comparison of Special Assessments and Property Taxes and Market Value. The City has compared the estimated market value of each lot, tract, and parcel in the District after the Improvements are made to the amount of the proposed special assessments against each lot, tract, and parcel in the District. The estimated market value of each lot, tract, and parcel in the District after the Improvements are made is expected to be in excess of the proposed special assessments against each lot, tract, and parcel in the District. (c) Outstanding Special Assessments. As of the date of this resolution, the amount of special assessments against properties in the District is $0.00. (d) Delinquencies. The records of the County Assessor show that of the 7 taxable properties in the District,nine(0)properties have delinquent property taxes or annual city assessments. The total value of delinquent property taxes within the district equals $0.00 and the total delinquent city assessments equal $0.00. (e) The Public Benefit of the Improvements. The planned Improvements will preserve public safety by providing through lanes and drive approaches for those who reside along this street or use the street to access their residences and businesses. Safety will be improved, especially for those properties within the District, by reconstructing roadway that has deteriorated beyond the point where it can be maintained and by installing pedestrian ramps and traffic control signage. The planned storm water collection improvements will benefit properties within the district by improving drainage and reducing the risk of flooding caused by major storm events. Section 10. Public Hearing, Protests. At any time within fifteen (15) days (or such longer period if required by law)from and after the date of the first publication of the notice of the passage and approval of this Resolution, any owner of a lot, tract, or parcel within the District subject to assessment and taxation for the cost and expense of making the Improvements may make and file with the City Clerk until 5:00 p.m., MT, on the expiration date of said 15-day period (March 1, 2023) written protest against the proposed Improvements, or against the creation of the District. Such protest must be in writing, identify the property in the District owned by the protestor and be DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 signed by all owners of the property. The written protest must be delivered to the City Clerk, who shall endorse thereon the date and hour of its receipt. For purposes of calculating protests under Section 7-12-4113, M.C.A., the sufficiency or insufficiency of protests, if any, as to the entire proposed District shall be based on the estimated total principal amount of special assessments made by valid protestors in the District as compared to the estimated total principal amount of special assessments to be levied against all properties in the District. The Commission will at its next regular meeting after the expiration of the protest period, on March 7, 2023, proceed to hear and pass upon all such protests so made and filed. Section 11. Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in the owner's name upon the last completed assessment roll for state, county, and school district taxes, at the owners last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of February , 2023 DocuSigned by: M'WTE ANDRUS Mayor ATTEST: DocuSigned by: DocuSigned by: oa oo2F NO- dtit.am MIKE MAAS City Clerk APPROVED AS TO FORM: DocuSigned by: l v j" dSVMVAN City Attorney DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE 1, 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. 5464, entitled: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 778 FOR LOCAL IMPROVEMENTS TO BOGERT PLACE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS" (the"Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on February , 2023, 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. Andrus,Cunningham, Pomeroy,& Madgic voted against the same: None abstained from voting thereon: None ; or were absent: Coburn WITNESS my hand officially this 9th day of February, 2023. DocuSigned by: s ` DocuSigned by: c� ).e; tty V,Ter DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 Bogert Place Exhibit A SID #778 E,12&FT LOT 10 ,. 1 LEY PL P ON �. \ f I S CAVE rC y,,T r 325 S o� CHURCH AVE' CH LOT 13 LINDLEY PL - GEOR DIXONS* PORTION GEORGE ` • AVE HALF ACRE REM. DIXONS HALF ACRE +`"' 1 • e. LOT 14 336 TR.1 325 S 'l 327 S AVE S CHURCH LOT 15 • CHURCH AVE*CHURCH A' • LOT 16 S1 \' S'CIfUffff AVE LOT 17 s.. • r N10FT LOT 18 E 62.8 FT. tt �� HALF ACRE 304 WOCH S - LOT 18 L T 3 • CHURCH 43.8 W W 75 FT.HALF ` HALF_ -FRACTIONAL ACRE LOT 4 T' 4 a LOTy 31 411S `F. Y4 • s F HURCH AV LOT 1 CHURCH AM ' 412 BOG T PL 418 RT PL • 48.5 FT I 432 S LOT 12 415 S415 CH CHURCH AVE CHURCH AVE AVE U 1 LOT 2 op 415 S CHURCH AVE 301E , 31 qw- ST Y ST P ION S TOI Y TAN 6 ACRE E LOT• 5'I 31 STORY ST F ' W417 421E 425E 429E i E LOT 5 STOP Y ST RY S — STORY ST •STORtgT STOR T STORY ST PORTIO PORTION • LOIN LOF-y • L0�3 ��0 FRACTIONAL FRACTIONAL LOT 9 LOT 4 n LOT C LOT = �� PORTION HALF- PORTIO -- ACRFJIaT 5 FRACTIONAL LOT C I TT Y • - B O Z E M A N MT Parcels SID Boundary Engineering Division DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 EXHIBIT B Property Address Property Owner 1 Property Owner 2 Property Owner 3 Mailing Address City Zip Code State Bogert PI Frontage(If) SID Assessment 411 S Church Ave Sinnay,Kenneth PO Box 42 Bozeman 59771 MT 150 $ 20,700.00 418 Bogert PI Williams,Natalie E PO Box 7324 Bozeman 59771 MT 63.36 $ 8,743.68 412 Bogert PI McCallum,Bruce D McCallum,Mary L 412 Bogert PI Bozeman 59715 MT 73 $ 10,074.00 406 Bogert PI McCallum,William L McCallum,Mariah A McCallum,Matthew B 406 Bogert PI Bozeman 59715 MT 190 $ 26,220.00 405 E Story St Kinsey,Margaret L 405 E Story St Bozeman 59715 MT 95 $ 13,110.00 Bogert Park City of Bozeman 20 E Olive Street Bozeman 59771 MT 422.5 $ 58,305.00 Bozeman Creek City of Bozeman 20 E Olive Street Bozeman 59771 MT 216.75 $ 29,911.50 Total Accessable Frontage 1210.61 Assessment/LF $ 138.00 Total Assessment $ 167,064.18 DocuSign Envelope ID:OAB4E787-B5BC-4E56-9E12-9DF7F67E1047 Exhibit C 2023 Bogert Place Street Reconstruction Schedule 1: Reconstruction of Bogert Place from Church to Story Street including: removing the existing road section from curb-to-curb an constructing a new road section, installation of storm sewer, new signage, spot replacement of existing sidewalks, replacing drive approaches, adjusting existing utilities to accomodate the new roadway, restoring boulevards to pre-existing conditions, and all related work incidental to construction. Engineers Estimate Item Description Unit Est.Quantity Unit Price Total Price 101 Taxes, Bonds, Insurance L.S. 1 $ 10,000.00 $ 10,000.00 102 Mobilization L.S. 1 $ 30,000.00 $ 30,000.00 103 SWPPP Implementation L.S. 1 $ 6,000.00 $ 6,000.00 104 Unclassified Excavation Above Subgrade C.Y. 1,650 $ 26.00 $ 42,903.85 Remove Existing Concrete Sidewalk, Ped 105 Ramps,and Drive&Alley Approaches S.F. 225 $ 4.55 $ 1,023.75 106 Remove existing wood post(bollards) EA 63 $ 250.00 $ 15,750.00 107 Remove existing Steel gate EA 1 $ 1,000.00 $ 1,000.00 108 Geotextile Separation Fabric S.Y. 2,599 $ 1.60 $ 4,158.37 109 3"Minus Uncrushed Subbase C.Y. 825 $ 40.00 $ 33,002.96 110 1"Minus Crushed Base Course C.Y. 413 $ 50.00 $ 20,626.85 111 Asphalt Concrete Pavement 3"Thickness S.Y. 1,845 $ 21.00 $ 38,752.00 112 Concrete Curb and Gutter L.F. 1,256 $ 24.00 $ 30,144.00 Ped Ramps, Drive and Alley Approach,and S.F. 113 Sidewalk(6"Depth) 676 $ 13.00 $ 8,788.00 114 Concrete Sidewalk 4"Depth S.F. 950 $ 11.00 $ 10,450.00 115 ADA Detectable Warning Panel S.F. 20 $ 60.00 $ 1,200.00 116 4"Sch 80 PVC Utility Conduit L.F. 80 $ 20.00 $ 1,600.00 117 Topsoil,Sod&Site Restoration L.S. 1 $ 20,000.00 $ 20,000.00 118 Traffic Control L.S. 1 $ 20,000.00 $ 20,000.00 119 2"Square Tube Metal Posts L.F. 72 $ 50.00 $ 3,600.00 120 Aluminum Signs S.F. 22 $ 50.00 $ 1,100.00 121 Epoxy Pavement Marking(Curb,Top&Face) GAL 5 $ 500.00 $ 2,500.00 122 Construction Staking&Quality Assurance L.S. 1 $ 12,000.00 $ 12,000.00 123 Exploratory Excavation HR 5 $ 300.00 $ 1,500.00 124 Miscellaneous Work EA 25,000 $ 1.00 $ 25,000.00 $ - TOTAL SCHEDULE 1 ESTIMATE $ 341,099.79 Schedule 4: Installation of new storm drain and inlets on Bogert Place Engineers Estimate Item Description Unit Est.Quantity Unit Price Total Price 401 12"SDR 35 PVC Storm Sewer Pipe L.F. 33 $ 86.00 $ 2,838.00 402 15"SDR 35 PVC Storm Sewer Pipe L.F. 118 $ 86.00 $ 10,148.00 403 Standard Storm Drain Inlet EA 2 $ 5,000.00 $ 10,000.00 404 Storm Drain Hydrodynamic Separator EA 1 $ 65,000.00 $ 65,000.00 405 Stream Bank Improvements L.S. 1 $ 15,000.00 $ 15,000.00 4061 Miscellaneous Costs 1EA 1 10000 $ 1.00 1 $ 10,000.00 TOTAL SCHEDULE 4 ESTIMATE $ 112,986.00 TOTAL COMBINED SCHEDULE 1 AND 4 BID $ 454,085.79 W/10%Contingency $ 499,494.37