HomeMy WebLinkAboutResolution 3669 Intent to recreate SID 674
COMMISSION RESOLUTION NO. 3669
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 674;
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO RE-
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.
WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 12th
day of May, 2003, the City Commission duly considered and passed Commission Resolution No. 3593,
creati~g Special Improvement District No. 674; and
WHEREAS, construction bids for said certain local improvements were received and opened by
the City of Bozeman on the 16th of March, 2004; and
WHEREAS, the lowest responsive bid received exceeded the funds available; and
WHEREAS, the affected property owners desire the construction of said certain local
improvements.
NOW, THEREFORE, BE IT RESOL VEO by the City Commission of the City of Bozeman (the
"City"), Montana, as follows:
Section 1. Prooosed Improvements: Intention To Re-create District. The City proposes to
undertake certain local improvements (the "Improvements") to benefit certain property located in the City.
The Improvements consist of the construction of new water lines, extension of an existing sewer line and
replacement of an existing sewage lift station, construction of street improvements, and construction of
storm drainage collection and treatment facilities generally within the Bridger Center Subdivision, as more
particularly described in Section 5. The total estimated costs of the Improvements are $434,564.00. 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 re-create and re-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, re-creation and administration of the District, 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
$494,000.00. The Bonds are to be payable 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
$494,000.00.
Section 2. Number of District. The District, if the same shall be re-created and re-established,
shall be known and designated as Special Improvement District No. 674 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, and those Improvements benefitting each property, is shown on Exhibit C hereto
(which is hereby incorporated herein and made a part hereof).
Section 4. Benefitted Prooertv. 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 the costs of the Improvements as described in Section 1. The property included within
said limits and boundaries is hereby declared to be the property benefitted by the Improvements.
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Section 5. General Character of the Improvements. The Improvements consist of "Water
Improvements," "Sewer Improvements," and "Street and Storm Drainage Improvements" as hereafter
described. The Water Improvements generally consist of installing 8-inch ductile iron waterline, valves,
fire hydrants, water services and other appurtenances in or along Bridger Center Drive and Commercial
Drive within Bridger Center Subdivision at an estimated cost of $93,900. The Sewer Improvements
generally consist of extending an existing 8-inch PVC sanitary sewer, installing manholes and services in
Commercial Drive within Bridger Center Subdivision, and replacing an existing sewage lift station at an
estimated cost of $145,500. The Street and Storm Drainage Improvements generally consist of installing
a 28-foot-wide street section with gravel sub-base and base course materials, asphaltic cement surfacing,
City standard curbs and gutters, valley gutters, traffic control signage, and installing storm drains,
treatment basins and appurtenances as required, on Bridger Center Drive and Commercial Drive within
Bridger Center Subdivision at an estimated cost of $254,600.
Section 6. Engineer and Estimated Cost. Morrison-Maierle, Inc., Bozeman, Montana, shall be
the engineer for the District. The Engineer has estimated that the costs of the Improvements, including
all incidental costs, are $494,000.00, as more specifically shown on Exhibit 0 hereto (which is hereby
incorporated herein and made a part hereof).
Section 7. Assessment Method.
7.1. Property To Be Assessed. All properties within the District are to be
assessed for a portion of the costs of the Improvements, as specified herein. Multiple
Improvements are being constructed by the District and not all properties will be
assessed for all Improvements as authorized in Section 7-12-410, M.C.A. The costs
of the Improvements shall only be assessed against the property in the District
benefitting from the particular Improvement as provided in Section 7.2 hereof, based
on the assessable area method of assessment described in Sections 7-12-4162,
M.C.A., as particularly applied and set forth in this Section 7.
7.2. Assessable Area. All properties in the District will be assessed for their
proportionate share of the costs of the particular Improvement. For the purposes of
equitably apportioning special benefit to each lot, tract or parcel of land in the District,
the Engineer has assigned an "assessable area" to each lot, tract or parcel as set forth
in Exhibit C hereto. The assessable area for all lots in the District, other than Tract
A, cas 27a will be the actual area of such lots. The assessable area of Tract A, cas
27a shall be 52,315.56 square feet. The total estimated costs of each particular
Improvement shall be assessed against each lot, tract or parcel of land in the District
benefitting from that Improvement for that part of the costs of the particular
Improvement that the assessable area of such lot, tract or parcel bears to the total
assessable area of all lots, tracts or parcels of land in the District benefitting from that
Improvement, exclusive of streets, avenues and alleys. The lots to be assessed, and
the assessment for each lot, for the Water Improvements, Sewer Improvements and
Street and Storm Drainage Improvements are shown on Exhibit C hereto.
7.2.1 The total estimated cost of the Water
Improvements is $93,900.00 and shall be assessed against each
lot, tract or parcel of land in the District benefitting from such
Water Improvements for that part of the costs of the Water
Improvements that the assessable area of such lot, tract or parcel
bears to the total assessable area of all lots, tracts or parcels of
land in the District benefitting from the Water Improvements. The
total assessable area of the lots, tracts or parcels benefitting from
and to be assessed for the Water Improvements is 367,225.92
square feet. The costs of the Water Improvements shall not
exceed $0.2557 per square foot of assessable area. The
assessment for each lot, tract or parcel of land benefitted by the
Water Improvements is shown on Exhibit C hereto.
7.2.2 The total estimated cost of the Sewer
Improvements is $145,500.00 and shall be assessed against
each lot, tract or parcel of land in the District benefitting from
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such Sewer Improvements for that part of the costs of the Sewer
Improvements that the assessable area of such lot, tract or parcel
bears to the total assessable area of all lots, tracts or parcels of
land in the District benefitting from the Sewer Improvements. The
total area of the lots, tracts or parcels benefitting from and to be
assessed for the Sewer Improvements is 170,944.56 square feet.
The costs of the Sewer Improvements shall not exceed $0.8512
per square foot of assessable area. The assessment for each
lot, tract or parcel of land benefitted by the Sewer Improvements
is shown on Exhibit C hereto.
7.2.3 The total estimated cost of the Street and Storm
Drainage Improvements is $254,600.00 and shall be assessed
against each lot, tract or parcel of land in the District benefitting
from such streets for that part of the costs of the Street and
Storm Drainage Improvements that the assessable area of such
lot, tract or parcel bears to the total assessable area of all lots,
tracts or parcels of land in the District benefitting from the Street
and Storm Drainage Improvements. The total assessable area
of the lots, tracts or parcels benefitting from and to be assessed
for the Street and Storm Drainage Improvements is 435,615.12
square feet. The costs of the Street and Storm Drainage
Improvements shall not exceed $0.5845 per square foot of
assessable area. The assessment for each lot, tract or parcel of
land benefitted by the Street and Storm Drainage Improvements
is shown on Exhibit C hereto.
7.3. Assessment Methodolooy Eauitable and Consistent with Benefit. This
Commission hereby determines that the method of assessment and the assessment
of costs of the Improvements against the properties benefitted thereby as prescribed
in this Section 7 is 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
Improvements shall be payable over a term not exceeding nineteen years, each in equal semiannual
installments of principal, plus interest, or equal semiannual 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: Pledoe of Revolvino Fund: Findinas and Determinations. The
City will issue the Bonds in an aggregate principal amount not to exceed $494,000.00 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
shown on the tax rolls maintained in the office of the Gallatin County Assessor for
property tax purposes, is set forth in Exhibit C hereto. With the exception of Tract A
of C.O.S. 27a, the market value of each lot, tract or parcel of land in the District is
significantly in excess of the amount of assessments to be levied against such parcels.
The amount of the assessment to be levied against Tract A of C.O.S. 27a is
$20,877.09 greater than the 2003 market value of said tract. It is estimated the special
assessments to be levied under Section 7 against each lot, parcel or tract in the District
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are less than the increase in estimated market value of the lot, parcel or tract as a
result of the construction of the Improvements.
(b) Diversity of prooerty Ownership. The 13 properties within the District,
11 of which are improved and contain established businesses, are owned by 10
different property owners.
(c) Comparison of Soecial Assessments and Property Taxes and Market
Value. The total estimated market yalue of the properties within the District is
$2,404,750.
(d) Delinauencies. At the present time, there are no delinquencies in the
payment of special assessments, and one delinquency in the payment of property
taxes levied against the property, totaling $3,094.43.
(e) The Public Benefit of the Imorovements. The Improvements will
enhance the safety of the property owners in the District and the general public by
providing City water for domestic and fire protection purposes, more reliable sanitary
sewer collection, defined vehicle traffic lanes, and improved storm drainage water
quality.
Section 10. Public Hearina: 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.D.T., on the
expiration date of said 15-day period (April 22, 2004), written protest against the proposed Improvements,
or against the re-creation of the District, 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, the 26th day of
April, 2004, at 7:00 p.m., in the Commission Room, Municipal Building, 411 East Main Street, Bozeman,
Montana.
Section 11. Notice of Passage of Resolution of Intention. The Clerk ofthe 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 Gallatin County on
Wednesday, April 7, and Wednesday, April 14, 2004, 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 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 Ci of Bozeman, Montana, at a regular
session thereof held on the 5th day of April 2004.
ATTEST:
~ ,y b~~_
R IN L. SULLIVAN -
Clerk of the Commission
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EXHIBIT A - BRIDGER CENTER SUB. SID NO. 674
A SPECIAL IMPROVEMENT DISTRICT LOCATED IN THE SOUTHEAST QUARTER
OF SECTION 31, T1S, R6E, P.M.M., GALLA TI N COUNTY, MONTANA
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LEGEND
- " District Boundary
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PROJECT AREA
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I~~ VICINITY MAP
~bo NOT TO SCALE
EAST X. COIlNER
WEST X. COIlNER OFTHESE~ ~
OF THE SE ~ OF SECTION 31
OF SECTION 31
$88'35' 12.W
1786.80' 'v
LOT 1 I.OT 5 . P.O.B.
LOT 2 LOr 4 BLOCK 1
:z: aLOCK 1 tOT 3
BI.OCK 1 BLOCK 1 AMENDED
'" AMENDEO BLOCK 1 AMENDE;:Q
SUBDlvSION AMENOED AMENDED SUBDIVSI;r
SUBDIVSION SUBurVSION J=lLA T H-37
TRACT A PLAT H-37A SUBDIVStON
COS 2" 0.711 AC. PLAT H-37 A PLAt H-37A PLAT H-37';;" ; 0,451 AC.]
2109 AC 0.489 AC. 0.514 AC. 0.559 AC.'
COMMERCIAL DRIVE
.. \1:61';,,:; LOT lB-l
I BLOCK 3 BtoCK 3
i jBRIDGE;R BRIOGER C~NT~R
ICENTER
\ AMENDE;O lOT AME:.NDEO LOT 1A & 1B
H-37-B
; 1A)& 1B H-37.8 0.598 AC. ell
i.J~_39AC ~
Q
Gl -
LOT 2 m
^'
SLOCK 3 (")
BRIDGER CENT~R SUBDIVSION m
1.000 AC. Z
--i
m BtOCK 2
:;0 SRIOGER
LOT 3 Q CENT~R
BLOCK J ^' SUBDIVSION
BRIDGER C~NTER SUBOIVSION <: 1.569 AC
1.000 AC. m
N70'06'OO.W 12.80' LOT 4
BLOCK J
aRlDGER CENTER SUBDIVSIQN
1.000AC.
LOT 5
~
NORTH cffiMORRISON -
--
MAIERLE,INC. --
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0 100 200 400 -,..
..--
. . ..A..lltlliII~.......-.III..".._.......,..~""'e_.....lf'lII
PROJECT NO: H'\3818\OOl\dwa\
SCALE: 1"=200' AElD WORK' DAlE: ROY. 3/18/03 GAl.lAllN COUNTY
DRA'Mol BY: MCW SCAlE; 1.-200' PRINCIPAl MERIDIAN, MONTANA
CHECKED BY:....BIE....-.. CUENT' KFARN!': SHEET --1...... --1...... OF
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EXHIBIT B
BRIDGER CENTER SUBDIVISION
SPECIAL IMPROVEMENT DISTRICT NO. 674
LEGAL DESCRIPTION
Legal description of Bridger Center Subdivision Special Improvement District boundary:
That part of the southeast quarter of Section 31, Township 1 South, Range 6 East, Montana
Principal Meridian, Gallatin County, Montana, being more particularly described as follows:
Beginning at the East sixteenth comer of the southeast quarter of said Section 31; thence South
88035' 12" West along the east-west centerline of said southeast quarter, a distance of 1,786.80'
to the true Point of Beginning.
Thence South 00045'00" East along the east line of Bridger Center Subdivision, a distance of
668.27';
Thence South 50050'00" West along the north line of the "40' Frontage road" platted in the
Bridger Center Subdivision, a distance of 377.35';
Thence North 61047'00" West a distance of 255.22';
Thence North 03026'00" West a distance of 101.61' to the southeast corner of Tract A of
Certificate of Survey #27a;
Thence North 70006'00" West a distance of 12.80' to a point on the east bank of the East
Gallatin River;
Thence along said east bank, being the southerly boundary of said Tract A through the following
four courses:
North 01042'00" West a distance of 186.86';
Thence North 34034'00" West a distance of 96.17';
Thence North 78010'00" West a distance of 171.86';
Thence North 48030'00" West a distance of 1 02.61 ';
Thence North 01055'58" West a distance of 290.29' to the west one-sixteenth comer of said
southeast quarter;
Thence North 88035'12" East along the north lines of Tract A of Certificate of Survey #27a and
Bridger Center Subdivision, a distance of 842.03', to the true Point of Beginning.
Being 12.50 acres, more or less, inclusive of platted street rights-ofwway.
H:\36 J 6\00 I IDocslRevised EXHIBIT B.doc
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EXHIBIT C
SID #674 RECREA TION I
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H:I0417/0421DocsIrecreated SID ExI1ib~ C.xIs
Bridaer Center Subdivision 5.1.0. No, 674
Assessed , Estimated Value
Improved I Lot Area Area Street & Storm Total Esti mated After Outstand i ng SID Delinquent Taxes
OwlHlr 1 Owner 2 OwlHlr Address City State Zi D Lega I Descri DUon Unimproved Parcel No 2003 Marl<et Val ue (sq. ft.) (sq.ft.) Drain Water !lewer Assessment Improvements Assessments (As 01 3130104)
The Fulmont, LLC P.O. Box 3926 Bozeman, MT 59772-3926 ril er Center Subdivision, Block 1, Lot 1 Imoroved RFH4413 $185,340.00 30,982.00 30,982.00 $16,107.77 $7,922.13 $aJ.370.43 $52,400.32 $237,740.32 $0.00 $0.00
Lucile S. Yaney 1150 Canyon Tn T ooanoa, CA 90290-3604 ril er Center Subdivision. Block 1, Lot 2 I moroved RFH4410 $144,153.00 21,302.00 21 ,302.00 $12,450.19 $5,448.94 $1'8, t31.26 $36,028.39 $180,181.39 $0.00 $3,094.43
Voeoele's Moilile Home Pari<, Inc. 24727 F rontaQe Road Bozeman, MT 59718-8768 ril er Center Subdivision, Block 1, Lot 3 I moroved RFH6535 $245,473.00 22,391,00 22,391.00 $13,086,66 $5,725.40 $19,058.17 $37,870.23 $283,343.23 $0.00 $0.00
Uchlenbero 1 03 Com mercial Drive, LLC 1520 Gold Ave. Bozeman, MT 59715-2471 rio er Center Subdivision. Block 1, Lot 4 I moroved RFH4411 $164,420.00 24,330.00 24,330.00 $14,219.93 $6,221 ,20 $21}, 708.56 $41,149.69 $205,569.69 $0.00 $0.00
Donald G. F rve, III \/IIi~iam T. F rve 1270 StoFV Mil Road Bozeman, MT 59715-8708 rio er Center Subdivision. Block 1, Lot 5 I moroved RFH4412 $110,388.00 19,624.00 19,624.00 $11,469.46 $5,017.87 $ 2!, 703.D3 $33,190.36 $143,578.36 $0.00 $0.00
B & K HoIdioos, LL C P.O. Box 93 Bozeman, MT 59771-0093 Bri< er Center Subdivision, Bjock 2 Unimproved RFH4407 $166,805.00 68.345.64 68,345.64 $39,945.35 $17,476.04 $57,421.40 $224,226.40 $0.00 $0.00
The Fulmont, LLC P.O. Box 3926 Bozeman, MT 59772-3926 Bri er Center Subdivision, Bjock 3, Lot 1 A-l I moroved RFH3985 $125,483.00 14,766.64 14,766.84 $6,630.64 $3,775.89 $12,406.53 $137,889.53 $0.00 $0.00
Uchlenbero 109 Com mercial Drive, LL C 1502 Gold Ave. Bozeman, MT 59715-2473 Bri er Center Subdivision, Bjock 3, Lot 1 B-1 Imoroved RFH4408 $156,276.00 26,048.88 26,048.88 $15,224.55 $6.660.72 $21,665.27 $178,161.27 $0.00 $0.00
Steohens FamilY Trust Harold W. SlepherlS P.O. Box 624 Bozeman, MT 59771-0624 Bri k1er Center Subdivision, Bjock 3, Lot 2 ImPrOVed RFG5723 $230,984.00 43,560.00 43,560.00 $25,459.12 $11,138.33 ,. $36,597,45 $267,561.45 $0.00 $0.00
Harrinaton Co. P,O. Box 3178 Butte, MT 59702-3178 Bri< Iller Center Subdivision, Bjock 3, Lot 3 Imoroved RFH3249 $386,873.00 43,560.00 43,560.00 $25,459.12 $11,138.33 $36,597.45 5423,470.45 $0.00 $0.00
General DislriOOlioo Co. P.O. Box 2606 Great Falls, MT 59403-2606 Bri !ger Center Subdivision, Bjock 3, Lot 4 Imoroved RFH2242 $291,232.00 43,560.00 43.560.00 $25,459. 12 - $25,459.12 $316,691.12 $0.00 $0.00
\/IIiliam Hao:stoo 621 Bridoer Drive Bozeman, MT 59715-2205 Bri k1er Center Subdivision, Bjock 3, Lot 5 I moroved RFH4409 $129,718.00 24,829.20 24.829.20 $14,511.70 " - ~ $14,511.70 $144,229.70 $0.00 $0.00
Jay Fulwiler P.u. Box 3926 ozeman, MT 59772-3926 I '-'. ll.ti , 27a - Tract A Ummproved K~H::K:il1 ~I,605.00 94,481.64 52.315.56 :&30,576.40 13,377.14 ~8,482.09 $156,087.09 $0.00 W.OO
Totals: $2,404,750.00 477,781.20 435,615,12 $254,600.00 $93,900.00 $1~.500.00 $494,000,00 $2,898,750.00 $0.00 $3,094.43
Bi'~~'T_~ = noi benefrted; not assessed
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EXHIBIT D
SID #674 RECREATION
Sch. I Street & Storm $ 190,611
3% Contingencies 5,720
Engineering & Inspection 26,840
SID fees (adY., bond counsel,etc.)* 5,969
Bond Discount (2%) 5,092
City Administration (3%) 7,638
Revolving Fund (5%) 12,730
TOTAL: $ 254,600
BOND AMOUNT: $ 254,600
Sch. '" Water $ 66,393
5% Contingencies 3,320
Engineering & Inspection 12,200
SID fees (adv., bond counsel,etc.)* 2,597
Bond Discount (2%) 1,878
City Administration (3%) 2,817
Revolving Fund (5%) 4,695
TOTAL: $ 93,900
BOND AMOUNT: $ 93,900
Sch. " Sewer $ 114,020
5% Contingencies 5,700
Engineering & Inspection 9,760
SID fees (adv., bond counsel,etc.)* 1,470
Bond Discount (2%) 2,910
City Administration (3%) 4,365
RevolYing Fund (5%) 7,275
TOTAL: $ 145,500
BOND AMOUNT: $ 145,500
TOTAL BONDS AMOUNT: $ 494,000
* Note: Total SID fees for all three: $ 10,036
H:\0417\042\Docs\as bid bond requirements.xls 3/31/2004