HomeMy WebLinkAboutResolution 4520 Intention to create Special Improvement District 718, Story Street co
COMMISSION RESOLUTION NO. 4520
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA RELATING TO SPECIAL IMPROVEMENT
DISTRICT NO. 718; 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 A LOAN TO THE DISTRICT FROM THE CITY'S SPECIAL
IMPROVEMENT REVOLVING FUND.
BE IT RESOLVED by the City Commission (the "Commission") of the City of Bozeman,
Montana(the "City"), as follows:
Section 1
Proposed Improvements; Intention To Create District. The City proposes to undertake certain
local improvements to benefit certain property located in the City. The Improvements consist of
roadway improvements to Story Street between South Church Avenue and South Tracy Avenue,
including repaving of the road, replacement of curbing, installation of storm drainage improvements,
and street lighting conduits, as more particularly described in Section 5 (the "Improvements"). The total
estimated costs of the Improvements are $618,376.00; the City has committed $309,188.00 from the
Street Maintenance District fund to reduce the costs to the special improvement district, leaving
$309,188.00 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 costs associated with the creation and
administration of the District (collectively the "Incidental Costs"). The total estimated cost of the
District's Share of the Improvements, including such Incidental Costs, to be financed by the Loan is
$310,188.00.
Page 1 of 6
Resolution 4520 Resolution of Intent to Create SID 718
The Loan 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
$310,188.00.
To fund the costs of the District's Share of the Improvements, the Commission intends to
provide the District a loan of approximately $310,188.00 from the City's special improvement district
revolving loan fund, the purpose of which is to the construction warrants related to the District's Share
of the Improvements and Incidental Costs. In doing so, the Commission intends to assess the district in
the manner described in Section 7, below, to reimburse the special improvement district revolving loan
fund in an amount to equal the principal of the loan of $310,188.00 to the district plus interest at
approximately 1.5% annually. Over the 20-year term of the loan from the revolving fund to the District,
interest earnings of up to $50,004 are estimated to be paid from the District property owners and
deposited to the special improvement district revolving fund. In addition to reimbursing the revolving
fund on interest the revolving fund would otherwise bear, these interest earnings are intended to satisfy
any revolving fund contribution from the District that may be required under 7-12-4222(1)(b), MCA.
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. 718 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 includes
all the properties within the boundaries of the District, the legal description of which is all those lots and
parcels on Story Street between South Church Avenue and South Tracy Avenue which front directly on
Story Street, detailed 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. 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 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 which will 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.
Page 2 of 6
Resolution 4520 Resolution of Intent to Create SID 718
Section 5
General Character of the Improvements. The Improvements to be constructed generally
consist of removing the existing street pavement and curbing, installing a 31-foot-wide street
section with gravel subbase and base course materials, asphaltic cement surfacing, City standard
curbs and gutters, street lighting conduit, traffic control signage and pavement striping, storm
drains, and all related improvements on Story Street between and at its intersections with South
Church Avenue and South Tracy Avenue. 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. It is the intention of the city to allow parking on
both sides of Story Street once the Improvements have been constructed, which is a change from
its current use.
Section 6
Engineer and Estimated Cost. The City Engineer of Bozeman, Montana, shall be the
engineer for the District. The Engineer has estimated the costs of the Improvements to be
$618,376.00, as shown on Exhibit D, attached hereto (and hereby incorporated herein and made
a part hereof). The City has committed $309,188.00 in Street Maintenance District funds, in
accordance with Commission Resolution No. 4507, to the costs of the Improvements. The
District's Share of the Improvements to be financed from the Loan is $309,188.00 and the
Incidental Costs related to the district and the Bonds are estimated to be $1,000.00. The Loan is
to be issued in the principal amount of$310,188.00.
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 from which they derive a benefit as determined and set forth
herein. District's Share of the Improvements 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 will be
assessed using the lot frontage method of assessment. The Engineer has
determined the frontage 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
Page 3 of 6
Resolution 4520 Resolution of Intent to Create SID 718
Clerk and Recorder's office. The total lineal foot frontage of the District to be
assessed, exclusive of streets, roads, and rights-of-way, is 3.010.34 feet. The total
estimated cost of the District's Share of the Improvements to be funded through
the District is $309,188.00 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 per lineal foot
of frontage, exclusive of interest, shall not exceed $103.04. 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.
7.3. Assessment Methodology Equitable and Consistent with Benefit.
This Commission hereby determines that the method of assessment and the
assessment of costs of the District's Share 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 District's Share of
the Improvements 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 Loan from the
City's special improvement district revolving loan find. Property owners have the right to prepay
assessments as provided by law.
Section 9
Method of Financing, Findings and Determinations. The total approximate costs of the
District's Share of the Improvements and Incidental Costs will be financed by a loan to the
District from the City's special improvement district revolving loan fund in an amount of
$310,188.00, the repayment of which shall become an obligation of the District. The principal of
and interest on the Loan from the City's special improvement district revolving loan fund will be
paid from special assessments levied against the property in the District.
In determining to authorize such undertakings and agreements, this Commission has
taken into consideration the following factors:
Page 4 of 6
Resolution 4520 Resolution of Intent to Create SID 718
(a) 2013 Market Value of Parcels, Comparison of Existing Special
Assessments and Delinquent Property Taxes. The 2013 taxable market value of
the lots, parcels or tracts in the District, as shown on the rolls of the Montana
Department of Revenue for property tax purposes, is set forth in Exhibit C hereto.
The 2013 taxable market valuation for all the property in the District of $7.2
Million significantly exceeds the amount of assessments of $310,188.00. The
special assessments to be levied under Section 7 against each lot, parcel or tract in
the District is less than the increase in estimated market value of the lot, parcel or
tract as a result of the construction of the Improvements.
(b) Diversily of Property Ownership. There are 43 (forty-three) separate
parcels of land in the District, with 65 separate owners.
(c) Delinquencies. (c) Delinquencies. Of the forty-one taxable properties
in the district, only one property has delinquent property taxes in the amount of
$1,185. Of the forty-one assessable properties in the district, only one property
has delinquent annual city assessments totaling $161.00.
(d) 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.
Public Hearing, Protests. At any time within fifteen (15) days after the date of the first
publication of the notice of the passage and approval of this resolution, any owner as defined in
Section 7-12-4112(4), MCA, of real property within the District liable to be assessed for the cost
of District's Share of 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 (Monday, April 28, 2014), written protest
against the proposed Improvements, or against the 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 written protest must be delivered to the City Clerk, who shall
endorse thereon the date and hour of its receipt. The 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 and pass upon all such protests so made and filed; which said regular
meeting will be held on Monday, the 5th day of May, 2014, at 6:00 p.m., in the Commission
Meeting Room, Bozeman City Hall, 121 N. Rouse Avenue, in Bozeman, Montana.
Page 5 of 6
Resolution 4520 Resolution of Intent to Create SID 718
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, as
contained in Exhibit E attached hereto (which is hereby incorporated herein and made a part
hereof), and as provided in Section7-12-2121, MCA, in the Bozeman Daily Chronicle, a
newspaper of general circulation in the county on April 13, 2014, and April 20, 2014, 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.
Section 12
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 7th day of April, 2014.
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ATTEST:-�.. ' r • .�,
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ST C kE�1,-CIYIC
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APPROVED AS TO FORM:
GREG AJ LIVAN
City Attorney
Page 6 of 6
EXHIBITA
E. STORY ST. S. I.D. DISTRICT
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Legend
E. Story St. SID Boundary
Parcels
EXHIBIT B
E.StoryS SID Disawkt-LeplD,,nptiun of Pa,lIsOkc
Add— Ownnt (Tauer7 0—Address owstatr710 Panel NumWr Lnal pIllhalon DUNtaMIne SID via P..m MO CIW
Asseunssnb Tases Assessem
SW ST—, Sl,,L lo+...nlatn.k ITIM, Ikucram MI101, R6115111 nafmans-s 3i F,34 W-1,t
4%STaxy Sbnla lurrmume I>nxl\rrll.al+ 476S In.5 1 Ik+nawl MI5.15 RIILI2T/7 Wdimanelat 21,11e 111&1.1381ak{
WA SPIM[ W a11er I-s11 PULals.PI I—al.,hll$1115 k01121`AI HAflnanc fats IA9f R1.f—edicts 19 2 Bk+[k I
411SRul, I1.A C'llsx Sualel'1— 431 S131xk Ik--MI S'RIS 7r1 145 10fmans WmI 45'e1 lots
4345Ru1k %tnrdu Hapi.— Pl m"I" Ik.ummnh1759771 RI11L51(.3 HWlmans 5at%n ST L.,ts11.14&57'S,altl—dul West l7 lot 1091odA
429 S Baxnnan I.'hullc.lnm asxla Mann 4131'All—vntb 11 C,41ma L'[s m+521 RGIC8I2 Guys 2nd 40{t S l ada 112 A L.9
I I E Italy Itch C'hax Siurtanc('h.- ill SB1.1, linnmwn Ml wllt RCIkJJA Hofllnans Sotdn6'of East 122 at La 9,AIllats9101111ak1
I-I Mery —W'a x x S.A.6-1., ITT slsm IN--MI MIS k01 Q21s1 Ifuftmana ill Battle Arran ed lots l&2 BmckE
I'M F Mary K.1mr C•aalax IWL%lon Ik—Ill nI5 RCHIM2 IlIff—W ll'lat 6 All Lot 7&[at 8 Bla(ka
Imt Rory Na—W'aAAlxak. 1.aI Smn Ikn<nsmI MI 19715 ROM,15 r ffmans West WWI 4.All LIT 5&En114'1o1661a I
1121 Story 1121.Sam Ikvsnlai MT SWI5 R031474 Ifuti—al Wetl Wtat 2 AS Lot 3&East 16'la 4 Slack
I I I Story Clmdma•hf iksaxxl 11.11:Srun I—sal Ml W715 R(1103 14 alforam All Lat 8&17 Feet East Ade 1019,Wed 3 reel Lot 7 Block A
116 E Slaty 1 na aT Wlpajdl.. Slane hkS W k,. 1161 Smn N—c m MI 59715 1LC1113161 Hallman All Lot 1&East 16 Feet Id 2 01.0 B
117E Story I—A Sunnlwnilcr Kaa&hhl, 11IT5es 6745 1rJs—t'm Ml411- RGIWIRS Isaflmans 1117 Fsaka,Fr 17-t West oL Lw 7 Beast 14 xR0
120I pory kmloll l hon.h ('mA 0—.,ts 12e l Smn IRvensm M 1 5/15 R0112.164 GI71S 2nd 57 3'1[716 66'West of Lot 2A 1
121 E Story 11ull hmPlmnc 11.11 121L Suess 1,,--1,115.77I5 RGIIIR93 Guys 21d TIMIS M(Wam IOA&6112 Feet Txtu4e Trx14 Bmn1—IIaI-
I30EStory L'ualJmll l'akt ihmucl 148lcnknaxd Ik—Mf 11718 AGI 124)3 Ianen's Reaaaned Guys Intl In 2A Lot I TIxt 7 >LlI.Su
117l Slo 44a Mdls Saxka Iivrs 1214 F—Can RJ Ikvcnlen MI 59715 R0113125 Iemen'F Realun d Guys 2nd In 2A Let 1 TIMT 1
202E9- sWk 1'aa• h1111nm 4urc. ,2 E.SRm 1k.7aman MI MIS RfiIIIII3 Guys god Trxt B In let E GNm W%11911
I08 E Nay I\k'11n I V--1-1111,11 III—sa NEI Sv/15 RGH32_1 Guys Ind 50'x 120'fad 01 Naltlrest Corne IV
III f Sltuy Mauxe Aac•In<I•mu W It,.,kcsAx C'171 RD 14'KA l`I'i Ikw—M119771 Gleys 2nd West 75 Fx to
CtJ RCIL3a11
71415tary MOUn Cea4n NIR'Sscn l II 326n1 I'.I mxlax RJ Ikvamsal hfl 111715 R0112t46 GrNF 2-94.93'%256 Eastsld1luctun Of lot l Black
219 f Stay %ran Aldnch 21V 1 N., Ila7clnal MI 511715 R0115952 GWs Ind 41.9 Feet 9.1,W 1/2 At,,La 7&33 Feel Weslslde 112 Au—I
6
723L Maly kit-5'umls Wm Amkl«<el Sill NMdr 11 Ikaldcr C08113113 RG111395 usrys 2nd 60 FW Ent A the Wnt 33 F—of 112 Acre la 6latrMT I 51c1.ii
sw F S-V 111Lt I i.11 L Stun Ih—saa ME 311715 RGIkxA7 GWs 2nd Trott 11&Nssath 33'T—Min 1/2 A—Lots 5&6
305 E Story Uj—III" Jman Iingal ix5 i Stan I.—hf1 5W15 Guys 2" 541 Feet East Of t n1 VI W29 Feet el
R01 L'416 >R Ace la 5 Black A Taa[r
M
Mlfif Sinry k.sa.lannh 1— INIRas IA3 Iles rc MI 59111 RC411201 G"2nd West laD Feet alaluckp& Meal 2S'%100
Mtslory T.:,Jltenl RanJsAhn N'hne 25 R•Akr+('1 Ikvrnl:m h05471% gLi1131R2 Gsrys Intl East 35{e[41/I Arre Lots&57.45 FeLY W[s15iM
Ptak C
it A Story II 1.11.11 JR 041 Sum-1 Ik.—Ml 59715 Guys 2nd East IM 6'It Lot D&Ada[ent 25'%]046'Less 40 A 128'
Rln a pr I
Narthent Carnn
4 15 1 Slaty x.111—asa. MIIles 12M1 Is—NET IW71 Uaplmsdl Trmv TJcad Rc(«21.W1
318E Stary xal ltanmmn ITll1m 12Mr Ik'—sal MI W771 I:a Jauad laxt lkA RAanacc.1.111
4f 51ory IlInard Slanhucr 4W F.Sum' lk—al hfl Sly,15 RLIINIM Bonus tad tell
MIS E Slaty \faj:ua•1 X.— 4.15I skm 1II—1 MT S9715 RCILI156 PaakaWe lot 9 OW),A
409 E Flury 'idla NUt'o0I.,I.-,Im.I I'aa-A Nun Ma'al6a JI2 HIM.11 Ik•reuwr MI 31,715 R1115 45 Paakside Lot&BixkA
10(Story I.1—'d S¢mlmuca 1 111'Skm Ikvcman hfT"IS R010391 Bonus tat 4 Plat Souh of Rouses I'd
13E 51n Ral—III—, IILI Sum hTl 59715 RIiIlIR59 Paksidr 1.12R1.11A
16E Story \Iun Yaa llall 4I61 Sr K"Ituan hfl 51,15 RN116235 Banns Lat 3 Plat Southof Rouses 3rd
171 Srory P..4.M At—, 4171 Su Ilk—at MI S013 R(iIL270 P.-Id,1116 13M1kA
Mf Sim cav-Siskc I.UIhOnn Roc— I-I S Ikvmnon MI 5971i Wit I1362 Balm at 2 Plat SOurk of Rouses 2nd
4171 Stu IIac1Jm R—.4ds =71 Avc11 At—Rd Ikecmm.MT 51,717 1101493A Patksadu La 58-1,A
ZSF aory \.I Rays JIkv—Aft W715 It1115259 Palltasde TO 4 Pla[kA
41R[Story fh..m:n Alan WasJa Rn6ctu I:sl A Ikvtmm.NTT S`)7IS I'.[�I1i651 Bann AddAbn lot l-A.2RR Acts 1 14A
4Mf5te kennla Homlr•cl/iallaun Vdk+ ill 111.H 47s Ikvmmn NET 59 1 1:0111 c 58 PM)dode Lot 3 RuckA
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EXHIBIT C
E.Stay St.SID District•Lot Frontage Assessment
Addres Owner 1 0grier Owner Address City State ZiO Parcel Number Assessable Area Lot Frontage
Linear Ft Assessment
502 5 Tracy Mark Bossenbrook 502 S Tracy Bozeman MT 59715 RGH5131 167.55 $ 17,264.49
436 5 Tracy Manlou Turiernme David Willson 436 S Tracy 01 Bozeman NIT 59715
RGI12797 167
S 17,207.82
503 S Black A alter Wagner Joan Wagner 1701 Parkvrew PI Bowman NIT 50715 RGIT2199 110 $ 11,334.49
433 S Black Bob Chase Marione Chase 433 S Black Bozeman NIT$0715 RGH6145 101 $ 10,407.13
434 5 Black Martha I lopkms PO Box 1369 Bozeman NIT 59771
R(iH5163 126
$ 12,983.15
428 S Bozeman Charles Ervin Graaela Marm 413 S Whitcomb Fi Collins CO 80521 RGH2822 218.8 $ 12,241.25
17 E Story Bob Chase Marjorie Chase 433 S Black Bauman NIT 59715 RGI16146 66 $ 6,800.70
18 E Story (in+eorv'Wa mer Sandra Gerchow 18 E Story Bozeman NIT 59715 RG112201 57 $ 5,873.33
104 E Story Kalum Cowles 104 E Story Bozeman Ml'$0715 KGH 1992 70 1$ 7,212.86
108 E Story Steven Bracken Artisan Woodworks 108 E Story Bozeman NIT 59715 RGH5015 48 $ 4,945.96
112 E Story Jon Lemon Sharon Lemon 112 E Story Bozeman NIT 59715 RGH4074 50 $ 5,152.D4
113 E Story Christine McDermou 113 E Story Bozeman MT 5971It RGH5594 45 $ 4,636.84
216 E Story Trever McS addcn Mane MeSpadden 116 E Story Bozeman MT 59715 RG113161 50 $ 5,152.04
127 E Story Sieve&Susan Fournier Kimberly Magro PO Box 6745 Traverse City NIl 40606 RG116185 45 $ 4,636.84
120 E Story Rudolf Dietrich Carol Dwineh 120 E Stow Bozeman NIT 59715 57.04 $ 5,877.45
121 E Story Robert Hull Stephanie I full 121 E Story Bozeman NIT 59715 RGH1893 43S
$ 4,482.28
130 E Story Craig Edsall Vicki Deyantier 148 Teakwood Bozeman NIT 5971E RGH2503 1 43.05 $ 4A35.91
132 E Story John Mills Sandra Barry 1234 Bear Carron Rd Bozeman NIT 59715 RGH5125 43.05 S 4A35.91
202 E Story Mark Pence Jill Humphries 202 F Story Bozeman MT 59715 RGHI 193 60 S 6,182.45
208 E Story Lyle Happel 4700 Gooch Hill Bozeman NIT 59715 RGH3223 50 $ 5,152.04
211 E Story Nfaunce Jones life Estate Wdlene Foskic:C'O LRD PO Box 1073 Bozeman MT 59771 RGH3707 75
CO $ 7,728.06
214 E Story Marvin Cowdry N1JC Story LLC 32300 E Frontage Rd Bozeman MT 59715 RGH2146 94.93 $ 9,781.67
219 E Story Arty.Aldrich 219 E Story Bozeman MT 59715 RGH5952 762
$ 7,913.54
223 E Story 1.1cifircy 1'eaton Susan Anderson 5411 While PI Boulder CO 80303 RGH1595 60 $ 6,192.45
301 E Story Brit Fontenot JCnsuna Allison 301 E Story Bozeman NIT 59715 RGH6667 54.8 S 5,646.64
305 E Story .Andrew Hogan Jenna Hogan 305 E Story Bozeman NIT 59715
RGH2416 54.E $ 5,646.64
306 E Story Ross Fanuiv Trust PO Box 663 Havre MT$9501 RGH5260 200 $ 10,304.09
313 E Story IIomes 4 Rent Randy&Jov White 25 Rodeo Ct Bozeman MT 59718
RGH5182 92AS
$ 9,526.13
314 E Story 14 P Hall,JR 314 E Story ill Bozeman MT 59715 RGHI I92 74.57
$ 7,663.76
315 E Story City of Bomman PO Box 1230 Bozeman MT 59771 30 $ 3,091.23
318 E Story lCity of Bozeman PO Box 1230 Bozeman MT 50771 30 S 3,091,23
404 E Story Irdward Steinhauer 410 E Story Bozeman NIT 59715 RG114187 52.5 $ 5,409.64
405 E Story Margaret Kinsey 405 E Story Bozeman NIT 59715 RGH3856 56.5 $ 5,821.81
409 E Story Nellie McCallum Living Trust Bruce&Mary McCallum 412 Bogert PI Bozeman MT 59715 RGH5545 54 S 5,564.21
410 E Story Edward Steinhauer 410 E Story Bozeman MT 59715 RGH5391 73 $ 7,521.98
413 E Story Robert Burton 413 E Story Bozeman MT 59715 RGI H 859 54 $ 5,564.21
416 E Story Mary Vant Hull 416 E Story Bozeman NIT S9715 RGH6235 74 $ 7.625.02
417 E Story Robert Ament 417 E Siory Bozeman M 1'59715 RGH2270 54 $ 5,564.21
420 E Story Sic hen Van Slvke CIO Mary Robinson 420 F Story Bozeman MT 59715 RGH1362 74 $ 7,625.02
421 E Story 11larold McReynolds 12t1Z0.A%tell Anceny Rd Bozeman NIT 59717 RGH4056 54 $ 5,564.21
425E Story Neal Ross James Renf 425 E Story Bowman MT 59715 RGH5259 54 $ 5,564.21
4?8 E Story Thomas Asbury Wendt Roberts 1428 E Story Bozeman SIT 59715 RGH3651 99 S 10,201.04
429 E Story Family Promise of Gallatin Valley PO Box 475 Bozeman MT 54771 RGI11559 50 $ 5,252.04
TOTALS 3010.34 S 310.198 00
SID$I Linear Foot of Frontage $103.04
EXHIBIT D
East Story Street - S. Tracy to S. Church Reconstruction Project
Schedule 1 Engineer's Estimate
Item Description Unit Est.Quantity Unit Price Total Price
101 Taxes, Bonds,Insurance LS 1 $10,000.00 $10,000.00
102 Mobilization LS 1 $19,000.00 $19,000.00
103 Unclassified Excavation Above Subgrade CY 4,981 $10.00 $49,810.00
104 Remove Existing Concrete Curb LF 1,637 $2.50 $4,092.50
105 Remove Existing Concrete Sidewalk, Ped SF 5,865 $1.50 $8,797.50
Ramps,and Drive and Alley Approaches
106 Remove Existing Storm Sewer Inlet EA 13 $400.00 $5,200.00
Remove Existing Storm Sewer Manhole EA 1 $900.00 $900.00
107 Remove Existing Storm Sewer Pipe LF 230 $9.00 $2,070.00
108 12"SDR 35 PVC Storm Sewer Pipe LF 202 $40.00 $8,080.00
109 15"SDR 35 PVC Storm Sewer Pipe LF 367 $45.00 $16,515.00
110 24"C900 Storm Sewer Pipe LF 651 $85.00 $55,335.00
111 24" M145-Bend EA 2 $1,500.00 $3,000.00
112 24"M1 Wye EA 2 $2,000.00 $4,000.00
113 24"x14" MJ Eccentric Reducer EA 2 $1,500.00 $3,000.00
114 Standard Square Storm Drain Inlet EA 9 $2,000.00 $18,000.00
115 4-Foot Dia.Storm Drain Manhole EA 3 $2,800.00 $8,400.00
116 6-Foot Dia.Storm Drain Manhole EA 3 $4,200.00 $12,600.00
117 1,000 Gallon Sand/Oil Separator EA 2 $9,000.00 $18,000.00
118 15" Penetration into Box Culvert EA 2 $1,500.00 $3,000.00
119 Geotextile Separation Fabric(10%overlap) SY 7,504 $1.05 $7,879.20
120 3" Minus Uncrushed Subbase Course CY 2,274 $18.50 $42,069.00
121 1.5" Minus Crushed Base Course CY 1,137 $25.00 $28,425.00
122 Asphalt Concrete Pavement 3"Thickness SY 5,631 $13.00 $73,203.00
123 Concrete Curb and Gutter LF 3,440 $12.00 $41,280.00
124 Ped. Ramps, Drive&Alley Approach,and SF 5,803 $6.50 $37,720.15
Sidewalk 6" Depth
125 ADA Detectable Warning Surface SF 140 $45.00 $6,300.00
126 Topsoil and Seeding LS 1 $8,500.00 $8,500.00
127 Traffic Control LS 1 $13,000.00 $13,000.00
128 Pavement Marking 24"White Thermoplastic LF 112 $35.00 $3,920.00
129 Pavement Marking Epoxy Paint,Yellow Gal 10 $285.00 $2,850.00
130 2"Square Tube Metal Posts LF 275 $25.00 $6,875.00
131 Aluminum Signs SF 11.25 $30.00 $337.50
132 Construction Staking&Quality Assurance LS 1 $20,000.00 $20,000.00
133 Miscellaneous Work EA 20,000 $1.00 $20,000.00
Subtotal $562,158.85
10%Contingency $56,215.89
TOTAL $618,374.74
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. 4520, entitled: A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 718;
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 A LOAN TO THE DISTRICT FROM THE CITY'S
SPECIAL IMPROVEMENT REVOLVING FUND. (the Resolution").
The Resolution was duly adopted by the City Commission of the City at a
meeting on April 7, 2014, 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 W . The
following Commission members voted against the same or were absent. Rn�nuD
2r
WITNESS my hand officially this 8"' day of April, 2014. 0�,�
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- 4 -
COMMISSION RESOLUTION NO. 4520
Resolution of Intent to Create SID No. 718 - Roadway improvements to Story Street between
South Church Avenue and South Tracy Avenue
This is to certify that I did personally mail, on the 111h day of April, 2014 postage
prepaid, a copy of the attached Notice of Passage of a Resolution of Intent to Create Special
Improvement District No. 718 to the property owners, as identified on Exhibit "C", attached
hereto.
i
S A LMEN, CMC
Bozeman City Clerk
- 3 -
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION 4250
TO CREATE A SPECIAL IMPROVEMENT
DISTRICT NO. 718
CITY OF BOZEMAN,MONTANA
NOTICE IS HEREBY GIVEN that on April 7, 2014, the City Commission (the
"Commission") of the City of Bozeman, Montana(the "City"), adopted a Resolution of Intention
No. 4520 to create Special Improvement District No. 718 (the "District") for the purpose of
undertaking certain local improvements to Story Street between South Church Avenue and South
Tracy Avenue and financing the costs thereof and incidental thereto through a loan to the District
from the City's special improvement district revolving fund.
A complete copy of the Resolution of Intention (the "Resolution") No. 4520 is on file
with the City Clerk which more specifically describes the nature of improvements, the
boundaries and the area included in the District, and other matters pertaining thereto and further
particulars. A list of properties in the District and the estimated amount of the initial assessment
accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the
City's website at www.bozeman.net.
The City proposes to undertake certain local improvements to benefit certain property
located in the City. The Improvements consist of roadway improvements to Story Street
between South Church Avenue and South Tracy Avenue, including repaving of the road,
replacement of curbing, installation of storm drainage improvements, and street lighting
conduits, as more particularly described in Section 5 of Resolution 4520 (the "Improvements").
The total estimated costs of the Improvements is $618,376.00; the City has committed
$309,188.00 from the Street Maintenance District fund to reduce the costs to the special
improvement district, leaving $309,188.00 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 Title 7, Chapter 12, Parts
41 and 42, MCA, as amended, the District for the purpose of financing the District's Share of the
Improvements and paying costs incidental thereto, including costs associated with the creation
and administration of the District (collectively the "Incidental Costs"). The total estimated cost
of the District's Share of the Improvements, including such Incidental Costs, to be financed by
the Loan is $310,188.00. Subject to the limitations in Sect. 7-12-4222, MCA,the general fund of
the City may be used to provide loans to the special improvement 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.
The loan to the District from the City's special improvement district revolving fund is
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
$310,188.00.
i To fund the costs of the District's Share of the Improvements, the Commission intends
to provide the District a loan of approximately $310,188.00 from the City's special improvement
district revolving loan fund, the purpose of which is to finance the construction warrants related
to the District's Share of the Improvements and Incidental Costs. In doing so, the Commission
intends to levy assessments against each property in the District pursuant to Sect. 7-12-4163,
MCA (street frontage assessment method) to reimburse the special improvement district
revolving loan fund in an amount to equal the principal of the loan of$310,188.00 plus interest
at approximately 1.5% annually.
On Monday, May 5ch at 6:00 p.m., in the Commission Room of City Hall, 121
North Rouse Avenue, Bozeman, Montana, the City Commission will conduct a public
hearing to hear and pass upon all written protests against the creation or extension of the
District, or the Improvements.
Written protests against the creation or extension may be filed by the owner of real
property within the proposed District whose property is liable to be assessed for the
Improvements. Such protests must be delivered to the City Clerk at the City Hall, 121 North
Rouse Avenue, Suite 202, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, April
28, 2014.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 North Rouse Avenue, Bozeman, Montana
or by telephone at (406) 582-2320.
Dated: April 10, 2014
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN,MQNTANA
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Stacy UI CMC
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City le-
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Legal Ad
Publication Dates: Sunday, April 13°i and Sunday, April 201h
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April 11, 2014
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Dear Property owner;
CITY OF BOZEMAN i
121 North Rouse On Monday, April 7th, 2014 the Bozeman City Commission adopted Resolution
P.O. Box 1230 of Intent No. 4520 to create Special Improvement District No. 718 for the
Bozeman, MT 59771 purpose of undertaking certain local improvements to Story Street between
Suite 202 South Church Avenue and South Tracy Avenue.
Phone:(406)582-2320 Resolution of Intent No. 4520 is on file in the City Clerk's office located at City
Fax: (406) 582-2344
TDD: (406)582-2301 Hall, 121 North Rouse Avenue, Suite 202 and can also be found on the City's
www.boze,nan.net website at www.bozeman.net by following the steps provided:
I want to button, view document center, Commission Documents, Resolutions,
Office of the City Clerk 2014 Resolutions, and by clicking on Resolution No. 4520.
Stacy Ulmen
City Clerk-CMC The Notice of Passage along with a protest form is attached for your
convenience.
Aimee Brunckhorst
Deputy City Clerk The Public Hearing for this item will be on Monday, May 51h, 2014 at 6 p.m. at
& City Hall 121 North Rouse Avenue in the Commission Room.
Advisory Board Coordinator
Core Values If you have further questions pertaining to the creation of Special
Improvement District No. 718, please contact City Engineer Rick Hixson at
Integrity;Be honest,hard- rhixson@bozeman.net or by calling (406) 582-2284.
working,reliable and accountable to
the public.
Leadership: Take initiative.
lead by example,and be open to
innovative ideas.
Sincerely,
Service: work unselfishly for our
community and its citizens,
Stacy UI en, CIVIC
Teamwork: Respect others, Bozeman City Clerk
•ome citizen involvement.and
-k together to achieve the best
result.
City of Bozeman
Special Improvement District Creation
Protest/Support Form
Information & Instructions
The City of Bozeman provides this form to owners of real property for purposes of official
protest against the creation of Special Improvement District No. 718 (financing local
improvements to East Story Street between South Church Avenue and South Tracy Avenue).
SPECIAL IMPROVEMENT DISTRICT (SID) CREATION AND PROTEST
A Special Improvement District (SID) is created by administrative action of the Bozeman City
Commission. The City Commission's authority to create a SID and the purposes for which a SID
may be created are provided for in Title 7, chapter 12, parts 41 and 42, Montana Code
Annotated. To create a SID, the City Commission must first adopt a resolution of intent. If the
Commission adopts the resolution of intent the City Clerk will then mail a copy of the Notice of
Passage of the Resolution of Intent to create the SID to property owners within the proposed
SID. At the same time, the City Clerk will publish the Notice of Passage of the Resolution of
Intent in a local newspaper. Owners of property liable to be assessed for the cost of the
improvements under the SID may protest its creation pursuant to 7-12-4110, MCA. The protest
period begins after the date of the first publication of the notice of the passage of the
resolution of intent.
OFFICIAL PROTEST PERIOD
The protest period for the creation of Special Improvement District No. 718 begins April 14,
2014 and ends at 5 p.m. on April 28, 2014. Official protests must be signed; therefore, the City
will not count emails or telephone calls as formal protest.
INSTRUCTIONS TO PROTEST OR SUPPORT THE DISTRICT
In order to be counted as the official protest, protests against the district must be:
• Signed by all the record owners of fee simple title to the property;
• Identify the property in the district owned by the protestor; and
• Be submitted in writing to the Bozeman City Clerk no later than April 28, 2014, at 5
p.m. Mountain Standard Time.
For purposes of protesting a SID, an "Owner" means as of the date a protest is filed, the record
owner of fee simple title to the property or a contract buyer on file in the records of the
Gallatin County Clerk and Recorder. The term "owner" does not include a tenant of or other
holder of a leasehold interest in the property. If you are unsure about who is listed on the deed
to your property, Gallatin County has property ownership records and can be contacted at
www.gallatin.mt.gov.
A protest/support form is enclosed for your convenience. The form contains separate parts for
different types of ownership. Only one form need be completed per property:
Part 1. To be completed for property owned by individuals.
Part 2. To be completed for property owned by corporations, trusts, LLC's, or other
entities.
Part 3. To be completed for property designated as condominium.
If you are interested in protesting, please complete the part(s) that apply to your particular
ownership. If you own multiple properties, please use a separate form for each property.
PLEASE MAIL THE COMPLETED FORM TO:
City of Bozeman
C/O City Clerk Office
P.O. Box 1230
121 North Rouse Avenue
Bozeman, MT 59771-1230
Alternately, property owner(s) may sign the completed form, scan it and e-mail it to
agenda@bozeman.net.
EFFECT OF PROTEST
Pursuant to 7-12-4113, MCA, the City Commission may not take further action on the proposed
district for a period of six (6) months if the City receives validated protests from the owners of
property in the proposed district to be assessed for more than 50% of the cost of the proposed
work, in accordance with the methods of assessment described in the resolution of intent.
City of Bozeman
Special Improvement District Creation
Protest/Support Form
PART 1 - Property owned by individuals, please complete this section.
Property address or legal description:
I/We the undersigned owner(s) of property described above want to:
(check one) _Protest _Support
the creation of Special Improvement District No. 718 proposed to be established for the
purpose of financing local improvements to East Story Street between South Church Avenue
and South Tracy Avenue.
Signature: Printed Name: Date:
Signature: Printed Name: Date:
Signature: Printed Name: Date:
Signature: Printed Name: Date:
FOR CITY CLERK'S OFFICE USE ONLY
Protest/Support Form received by City Clerk on /_ /2014 at AM/PM.
City of Bozeman
Special Improvement District Creation
Protest/Support Form
PART 2 - Property owned by corporations, LLC, trusts or other organizations
please complete this section.
Entity/Owner Name:
Property address or legal description:
I/We the undersigned as legally authorized representative(s) of the organization that owns the
above listed property want to
(check one) _Protest _Support
the creation of Special Improvement District No. 718 proposed to be established for the
purpose of financing local improvements to East Story Street between South Church Avenue
and South Tracy Avenue.
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
Signature: Printed Name: Title: Date:
FOR CITY CLERK'S OFFICE USE ONLY
Protest/Support Form received by City Clerk on /2014 at AM/PM
City of Bozeman
Special Improvement District Creation
Protest/Support Form
PART 3 - Property owned as part of a condominium, please complete this
section.
For protests regarding condominiums such protests must conform to the requirements of Sect. 7-12-
4137, MCA.A condominium protest must include:
• a writing identifying the condominium property;
• the condominium declaration or other condominium document that shows how votes of unit
owners in the condominium are calculated;
• original signatures of owners of units in the condominium having an undivided ownership
interest in the common elements of the condominium sufficient to constitute an affirmative
vote for an undertaking relating to the common elements under the condominium declaration;
and
• a certificate signed by the president, vice president, secretary, or treasurer of the condominium
owners' association certifying that the votes of the unit owners as evidenced by the signatures
of the owners are sufficient to constitute an affirmative vote of the condominium owners'
association to protest against the proposed work or against the extent or creation of the district,
or both.
Identification of the condominium property:
Street address or legal description of the condominium property:
I, president, vice president, secretary or treasurer of the above identified condominium owners
association do hereby certify, I am the of the
and do hereby certify the votes of the unit owners as
evidence by the attached document is sufficient to constitute an affirmative vote of the
condominium owners' association to protest the proposed work or against the extension or
creation of SID No. 718, or both.
Signature: Printed Name: Title: Date:
FOR CITY CLERK'S OFFICE USE ONLY
Protest/Support Form received by City Clerk on / /2014 at AM/PM.