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HomeMy WebLinkAboutResolution 2712 Revising SID policy: 9-06-88 --- --...- ..-.. ~.,.,. .--- -'-......;:: 1- · ...., it .' .- COMMISSION RESOLUTION NO. 2712 A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA AMENDING RESOLUTION NO. 2654 WHICH ESTABLISHED THE CITY OF BOZEMAN'S SPE- CIAL IMPROVEMENT DISTRICT POLICY BY ADDING PARAGRAPH 1. 02 (g) AND (h) TO SECTION 1 , BY ADDING A NEW SECTION 9 AND 10, AND BY RENUMBERING FORMER SECTION 9 AS SECTION 11. Be It Resolved By The City Commission (the Commission) of the City of Bozeman (the City) : Section 1. Recitals. 1.01. Proposed Objectives of Policy. It is the intent of the City of Bozeman, Montana, to estab- lish a policy regarding the creation of special improvement dis- tricts within the City and the issuance of special improvement district bonds therefor so as to provide for the orderly and eco- nomical construction and financing of necessary public improve- ments within the City and to minimize the risks to the taxpayers in the City as a result of unpaid or delinquent assessments. 1.02. Findings. The Commission hereby finds that: (a) The use of special improvement districts is an impor- tant and necessary method of constructing improvements in the City of Bozeman in existing fully developed neighborhoods and business districts, as well as in new residential and commercial subdivisions; and (b) Over the past 15 years, special improvement districts have been extensively used by real estate developers to finance the entire costs of wa ter, sewer, curbs and gutters, streets, road and park improvements associated with the development of residential and commercial subdivisions within the City; and (c) Such use of special improvement districts and the issu- ance of special improvement district bonds secured by the City's Revolving Fund have provided a significant economic benefit to the developers of such subdivisions; and (d) That the rate of delinquent special improvement assess- ments for undeveloped special improvement districts is signifi- cantly greater than that for developed special improvement dis- tricts; and ..----- . --. ---..-- on. _. ....~- ....--.-.--- ------ -- .--. --- ',", " ',") " . . (e) The high incidence of the failure or inability of such developers to pay assessments levied against the pro perty within such subdivisions while in their ownership has exposed the City's Revolving Fund and ultimately the City's General Fund and taxpay- ers to risks that are not warranted under the circumstances; and (f) In order to establish a policy that allows the use of special improvement districts and special improvement district bonds, and at the same time provide protection for the City's Revolving Fund, it is necessary to establish a policy that dis- tinguishes between, and establishes different standards for, spe- cial improvement districts created within existing developed neighborhoods and special improvement districts created for unde- veloped residential and commercial subdivisions. Furthermore, it may, in some instances be in the City's interest to permit creation of special improvement districts on undeveloped prop- erties not secured by the City's Revolving Fund. ( g) Section 7-12-4190 MCA allows the city to assess the cost of SID improvements over a period of 20 years or less. This section states in part: "The payment of assessments to defray the cost of acquiring or constructing any improvements in special improvement districts may be spread over a term not to exceed 20 years... " Assessing the costs over a period less than the 20 year max- imum could facilitate the sale of the bonds under more advanta- geous terms or with lower interest rates in certain instances, such as a relatively small bond issue or a period of volatile interest rates. It is recognized, however, that shorter term , bonds will result in higher required semi-annual payments by property owners. . (h) Section 7-12-4193 MCA authorizes the city to pool bonds of more than one SID district. This section states in part: "If the city council determines by resolution that the pooling of bonds of more than one special improvement dist.rict of the city is in the best interest of the city and the respective districts and will facilitate the sale of the bonds under more advantageous -2- ..-.-------- -- "'- - -- _.~. ____........___._n .- -...-.- .- ...-.-.... ...-..---.- -....-..--- ---:::o.:-~ -----. - .. ,- \~"""."l '.j terms or with lower interest rates, the city may issue bonds of the districts combined in a single offering..." Section 2. Definitions. All capitalized terms used herein shall have the meanings given to them in this section, unless otherwise indicated; or, if not defined herein, the meanings given to them in Title 7 , Chap- ter 12, Parts 41 and 42. Code shall mean the Internal Revenue Code of 1986, and any regulations and rulings promulgated thereby. Costs of Improvements shall mean those incidental expenses described in Section 7-12-4104, M.C.A. and those costs described in Section 7-12-4169, M.C.A. Costs of Issuance shall mean all items of expense directly or indirectly payable by or reimbursable to the City and related to the authorization, sale, and issuance of bonds including the City's fees, costs of preparation and reproduction of documents, initial fees and charges of Trustee, (if any ) legal fees and charges, fees and charges for preparation, execution and sa fe- keeping of the bonds. Developed District shall mean a special improvement district in which more than 50% of the lots have occupiable structures built thereon. Developer shall mean an individual or a group of individu- als, corporation or partnership requesting the creation of a spe- cial improvement district. Community Facility Improvements shall mean those improve- ments that are designed to be part of the community wide system of city service or improvement facilities and which are not de- signed to provide city services or access to individual lots or properties. Improvements shall mean public improvements authorized by Section 7-12-4102, M.C.A. to be constructed and financed through the creation of special improvement districts. On-Site Improvements shall mean those improvements located within the boundaries of a Special Improvement District. -3- ( - --.. .-.- _..._.~ ---.-- --- ,.."." ";. ~. , , Off-Site Improvements shall mean those improvements located outside the boundaries of a special improvement district but of special benefit to the properties within the district. Revolving Fund shall mean the fund established by the City pursuant to Section 7-12-4321 et. seq. Undeveloped District shall mean a special improvement dis- trict in which less tha,n 50% of the lots have occupiable struc- tures built thereon. Special Improvement Districts shall mean those districts established pursuant to Title 7 , Chapter 12, Parts 41 and 42, M.C.A. for the purpose of constructing and installing improve- ments for the special benefit of properties located within such districts. Special Improvement District Bonds shall mean bonds issued by the City pursuant to Title 7 , Chapter 12, Parts 41 and 42, M.C.A. for the purpose of financing improvements within special improvement districts and paying incidental costs as defined in Section 7-12-4101, M.C.A. related to the creation of the dis- tricts and the issuance of the Bonds. Section 3. Special Improvement Districts Secured By The Revolving Fund. 3.0l. Creation of Special Improvement Districts and Issu- ance of Bonds Secured by the Revolving Fund. In accordance with the provisions of Title 7, Chapter 12, Parts 41 and 42, the City may create special improvement dis- tricts for financing improvements only upon a determination that the creation of the district and the installation of the improve- ments is in the public interest. The City may issue special improvement district bonds for financing the costs of constructing and installing the improve- ments and paying incidental costs relating thereto. The City will not pledge the Revolving Fund to such bonds unless one of t.he additional following circumstances exist: a) The district is a developed district. -4- ~_..n___ I'~' ~~'~~ .~ . . . b) The district is being created and the bonds are being issued for the purpose of financing Community Facility Improve- ments in either developed or undeveloped districts. c) The district is undeveloped and the developer complies with 3.02 hereof. 3.02. Standards Applicable To Undeveloped Districts. a. Costs of Improvements. Costs of the improvements, in- cluding design engineering and inspection, survey and legal work incurred relating to the issuance of the special improvement dis- trict bonds, may be eligible for financing by the district and included in the bond issue, beginning at the point when the City Commission creates the special improvement district. b. On-Site Improvements to be Financed. Special Improve- ment Districts may be created to finance the costs for street improvements of on-site improvements proposed for an undeveloped district. Approval of a special improvement district is contin- gent upon: 1 ) developers financing the cost of improvements for water and sewer services; and 2) developers remitting to the City a five percent (5 %) Re- volving Fund fee and a three percent (3 %) administrative fee, in cash prior to the sale of the bonds, for the street improvement SID in accordance with Section 5 and 6 of this policy. Developers are fully responsible for financing, contracting, and installing water and sewer improvements. Plans for water and sewer improvements must be approved in advance by the City. Ac- tual construction must be certified by a professional engineer that the improvements were installed in accordance with City standards. Prior to Commission approval of the creation of a district for street improvements, the developer must secure a performance bond naming the City as beneficiary for the installation of the water and sewer improvements. The performance bond will remain in place until water and sewer utilities are accepted and turned over to ownership of the City, unencumbered. No building permits -5- . -." .-- ----..--.-..---.-- ...._u.._..._ '~4j L 4"'1-~~4. . . will be issued until all improvements are installed and accept- able and in the ownership of the City, unencumbered. c. Amount of Off-Site Improvements to be Financed. The cost of off-site improvements, which are assessable against any district, may be financed through a special improve- ment district upon a determination that the proposed off-site improvements are consistent with the City's public improvement goals. d. Posting Additional Security. Application of this section is contingent upon bond coun- sel's approval and concurrence. Notwithstanding other provisions of this section, the City may in its discretion create special improvement districts for undeveloped districts to finance water, sewer, and street im- provements and issue bonds for financing such improvements secured by the Revolving Fund if: 1) The developer posts with the City, prior to the sale of bonds: cash, and/or some other acceptable form of credit or security obligating the developer to pay principal and in- terest on the bonds for all assessments for the first five (5 ) years. The credit will be estimated prior to the sale of the bonds and finalized upon awarding of bids. The cred- it posted will separately identify each individual property in the district and act as its security. The credit will be used as security for special improvement district assess- ments for a minimum of 80% of the properties within the dis- trict. A separate written agreement will be made between the developer and the City regarding the credit and how it will be applied in instances of default and/or transfers of property. 2) The credit will not be released prior to five (5) years, unless (i) over 50% of the lots in the district become developed, and (ii) the district has a delinquency rate of less than 10% for the most recent two consecutive years. 3) That portion of credit relating to parcels not partic- ipating in credit escrow will be provided in cash for five -6- ."~' , . :11:1. . . , (5) years of principal and interest coverage by those par- ticipating. e. Pre-existing Undeveloped City Subdivisions. This sec- tion will apply to areas previously subdivided by the City prior to 1978 which are presently undeveloped. Special Impr ovement Districts may be approved and created on undeveloped properties for all improvements with guarantee by the City's Revolving Fund. In order to be approved, all of the following conditions must be met: 1) The developer posts with the City, prior to the sale of the bonds, a Certificate of Deposit or a cash escrow amounting to 10% of the total principal and interest payments on the bonds, for the entire special improve- ment district(s) assessments. The cash will be used as security for the special improvement district assess- ments for a minimum of 80% of the properties within the district. A separate written agreement will be made between the developer and the City regarding the credit and how it will be applied in instances of default and/or transfers of property. 2) Any remaining credit will not be released prior to five (5) years, unless (i) 60% or more of the lots in the district become d eveloped, and (ii) the district has a delinquency rate below 10% in each year for the most recent two consecutive years. 3) The five percent (5%) Revolving Fund fee and a three percent (3 %) Administrative fee will be charged against the entire bond issue and paid from the bond proceeds, in accordance with Sections 5 and 6 of this policy. 4) More than 60% of the district must be owned by indi- vidual property owners. An "individual property owner" is defined as a person who has an ownership interest in a lot, whether as an individual, partner, joint tenant, tenant in common, or stockholder in a corporation own- ing a lot in the district, who has a recorded interest in less than 10% of the lots in the proposed district -7- . -- ----. - .-. --------------------- -- ------ -, .......",. I,. I .)'\! ~I . . . . , pre-dating the application hereunder by at least ninety (90) days and who is neither related by blood or marriage to other individual property owners within the proposed district nor who has any ownership interest, whether as an individual, partner, joint tenant, tenant in common, or as a stockholder of a corporation owning a lot in the district with other individual property owners within the proposed improvement district. Section 4. Special Improvement Districts Not Secured by the Revolving Fund. 4.0l. Districts Not Secured by the Revolving Fund. Special Improvement Districts may be approved and created on undeveloped properties for all improvements without guarantees by the Revolving Fund. In such instances, all costs of issuance including engineering fees, bond counsel fees, etc. will be paid by the developer, prior to sale of bonds. Section 5. Revolving Fund. 5.0l. Deposit to the Revolving Fund. For districts which the City issues bonds secured by the Revolving Fund, the costs of the improvement shall include a de- posit to the Revolving Fund of five percent (5%) of the principal amount of the bonds to be issued. Section 6. Administrative Fee. 6.0l. Three percent (3%) administrative fee shall be as- sessed against all special improvement districts. Section 7. Requirements for Approval. 7.0l. It is hereby declared to be in the best interests of the City of Bozeman that any person, firm, partnership, orga- nization or corporation requesting the creation of a special im- provement district shall, as a condition of approval of said spe- cial improvement district, have paid and brought current all ex- isting special improvement district assessments for which said person, firm, corporation or partnership is responsibl~e on all properties owned by said person, firm, corporation or partnership or in which said person, firm corporation or partnership has an interest therein. -8- ~---_.~-"_.~ -_.~ ----- ____.__ ___...______ _.__ _.__...___..____._____._.. _n__.___.. _... .... . '. "....,.,.. '.. .' . '. . . . . , EXCEPTION: This section shall not apply to existing res- idential neighborhoods or commercial districts applying for spe- cial improvement districts, such as lighting and sprinkling, and various maintenance districts. Section 8. Private Activity Bonds. 8.0l. Under the Code, it is possible that bonds issued to finance improvements in an undeveloped district, pursuant to the resolution, may be considered private activity bonds, and if such bonds can be considered exempt facility bonds, such bonds may be issued as taxable bonds, subject to the provisions of the Code. 8.02. Costs of Issuance. If special improvement district bonds are determined to be private activity bonds, the developer of the district for which the bonds are to be issued shall be responsible for costs of issuance in excess of the amount allowed by the Code to be financed from bond proceeds. Section 9. Term of the Special Improvement District. The term of SID assessments and the corresponding bond issue shall be established at a period (years) which will be in the best interests of the property owners, taking into consideration the expected interest rate and the property owners' ability to ~ Section 10. Pooling of SID Bonds. If the city commission determines that the pooling of bonds of more than one special improvement district of the city is in the best interest of the city and the respective districts and will facilitate the sale of the bonds under more advantageous terms or with lower interest rates, the city will issue bonds of the districts combined in a single offering. Section 9;...!.!. Severability Clause. 9":'e~ 11.0l. Severability. If any part of this policy is held to be unconstitutional or void such part shall be deemed severable from the other parts, and the invalidity thereof shall not affect the remaining parts of this pOlicy. -9- --~--_..- --_.~ ----..- - n._ ~...... 1';',"'.... .Jt""r'- ~~ , , """ !.,.., 1 .,~ It . PASSED AND ADOPTED by the City Commission of the City of Bozeman this ~ day of SeT?tember , 1988. ATTEST: 'f~ ~t ~IL~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: L Q~ - BRUCE E. BECKER City Attorney . ., ~)- " . . , . .. , I \. 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