HomeMy WebLinkAboutA2. Intent to Create SID 732
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rick Hixson, City Engineer
Craig Woolard, Director of Public Works
SUBJECT: Adoption of Resolution 4664 - a Resolution of Intent of the Bozeman City
Commission to create Special Improvement District (SID) 732 for the purpose of undertaking certain local improvements to North Wallace Avenue between Lamme
Street and L Street and financing the costs thereof.
AGENDA ITEM TYPE: Action
MEETING DATE: February 1, 2016
RECOMMENDED MOTION: I hereby move to adopt Resolution 4664 declaring it to be the
City's intention to create Special Improvement District (SID) No. 732 for the purpose of financing local improvements to Wallace Avenue between Lamme Street and L Street.
BACKGROUND: In FY 2012 the City Commission authorized that additional street
maintenance funds be set aside for street reconstruction projects. This street reconstruction money
is in addition to the annual street maintenance projects the City was funding with its gas tax allocation. It is used to finance a portion of the complete reconstruction of streets which have
deteriorated beyond the point where they can be maintained. Current practice per Commission
direction is to supplement these street reconstruction funds with a contribution from the residents
adjacent to the street who are its primary users through the creation of an SID.
The street currently scheduled for reconstruction is Wallace Street between Lamme Avenue and L
Street. This section of Wallace Street is identified in the transportation master plan as a local street.
The Commission recognized that not all local streets carry purely local traffic and in February
2014 the Commission adopted Resolution 4507 which establishes policies regarding the local
share for street reconstruction. The resolution contains a table which establishes the funding splits to be used based on traffic counts:
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Funding Classification Average Daily Traffic
(vehicles per day)
Funding Split
(SID/Reconstruction fund)
Local Less than 800 75% / 25%
Minor Collector 800 - 1500 50% / 50%
Major Collector 1501 - 4500 15% / 85%
Arterial More than 4500 100%
Traffic counts on the segment of Wallace Street to be reconstructed are in excess of 1,900 vehicles
per day. Applying the policies established by Resolution 4507 the funding split to be used is 85%
street reconstruction money and 15% local share. Resolution 4507 also establishes that the local
share should be raised by creation of an SID.
Proposed Resolution 4664, a Resolution of Intent to Create SID 732, is the first step in the process
of creating a SID. The process of creating a SID is regulated by the Montana Code Annotated,
Chapter 7-12, part 41. The purpose of the Resolution of Intent to Create the SID is to inform the
public of the City's intention to raise funds from adjacent property owners to pay for a portion of the authorized improvements. This resolution does not create the SID, it simply begins the process.
The Resolution must do the following: 1) designate the number of the district; 2) describe the
boundaries thereof; 3) State the general character of the improvements and the approximate
estimated cost; and 4) State the method of assessment to be used.
The number of this SID will be 732. The boundaries of the district include all of the parcels of
property directly fronting on North Wallace Avenue between Lamme Street and L Street. The
general character of the improvements consist of roadway improvements including repaving of the
road, replacement of curbing, installation of storm drainage improvements, and pedestrian ramps.
There are four methods of assessment which are allowed by the Montana Code Annotated (MCA)
- the area method which is based on the area of the lot, the frontage method which is based on the
lots width fronting the street, the assessed valuation method which uses the assessed valuation of
the parcel and the equal shares method. As on the previous two Street Reconstruction projects,
South 8th and East Story Street, we are proposing to use the lot frontage method of assessment for this SID.
A portion of the proposed SID encompasses the Northeast Urban Renewal Tax Increment
Financing (TIF) District. Montana Code Annotated, the guiding statute for creation of SID's,
makes no special provision for separate district financing hence our plan is to treat the properties in the TIF the same way all of the other properties in the district are being treated and leaving it
up to the TIF to decide how they wish to pay the assessments of the district members.
The Engineering Division has hosted four neighborhood meetings to present information about
the proposed project to the local residents. At these meetings we discussed the project design elements, proposed schedule, estimated costs and proposed method of assessment.
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The proposed schedule for this project is as follows:
Resolution of Intent to Create February 1, 2016
Publish Notice of Public Hearing February 7 and February 14, 2016 (protest period begins upon publication of the notice of passage of the resolution of intent) End of Protest Period February 24, 2016
Public Hearing March 7, 2016
Resolution of Creation March 7, 2016
Advertise for Construction Bids March 13 and March 20, 2016 Open Bids March 29, 2016 Award Contract April 4, 2016
You can see in the proposed schedule that a protest period begins upon publication of the date of
the public hearing, in this case February 7, 2016. The 15 day protest period begins on February 7, 2016 and ends on February 24, 2016. We will be mailing residents in the proposed district form protest letters which they can sign and return if they are against the proposed SID.
FISCAL EFFECTS: The total estimated cost of the improvements are $2,141,000. The
City has committed $1,819,850 from the Street Reconstruction fund to reduce the costs to the SID, leaving $321,150 to be funded by the district. In addition, the district will be responsible for an estimated $1,000 in incidental costs related to the creation of the district for a total of $322,150. A
loan is to be issued in the principal amount of $322,150 to fund the SID costs. If the Commission
were to adopt Resolution 4664 based on the recommended method of assessment, that is, lot
frontage, then for a residential lot with 60 ft. of frontage, the total estimated assessment would be $3,751.21.
These costs would be financed over 20 years. At the current estimated interest rate of 1.5%, a
typical residence would be assessed approximately $217.80 annually, equivalent to $18.15/month.
The City’s Special Improvement District (SID) Revolving Fund has cash in excess of the statutorily required amount (5% of our outstanding SID debt). This excess will be used to
underwrite the SID costs; the Revolving Fund will loan the District the money, rather than have a
bond sale. We used this type of underwriting for both the Story Street and South 8th Street SIDs
also. This has a number of benefits: 1. Lower interest rate for the District property owners, 2. Avoidance of the costs and time-consuming work of underwriting and bond sale, 3. Revolving Fund will be “paid back” as property owners make their payments over time, with interest.
The City’s SID Revolving Fund has total cash of $2.4 million. State law requires the fund to have
a balance of $90,150. Proceeding to underwrite this project, cash will immediately be decreased by $322,150. Beginning in November, annual assessments will be paid back into the fund. Over the life of the loan, the Revolving Fund will receive approximately $52,000 in interest earnings.
These earnings can be used to underwrite other projects in the future – growing our ability to
complete SID projects.
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UNRESOLVED ISSUES: As discussed above, SID creation is subject to protest by the residents to be assessed. The sufficiency of protest is outlined in MCA 7-12-4113. Simply stated, if more than 50% of the property owners to be assessed protest the SID's creation, further proceedings are
barred for six months. Should this occur, our plan is to move on to the next street which needs
reconstruction. There are more than enough streets requiring reconstruction to keep us busy for a
number of years to come. However, at some point in the future, the community at large will not be able to absorb the displaced traffic that will result from local residents protesting the creation of SID's to improve their local street. At that time the Commission will be asked to provide direction
on how to finance local street improvements in the face of local opposition to SID's.
ALTERNATIVES: As suggested by the City Commission. mo
Attachments: Resolution 4664, Exhibits A – D, Public Notice, Letter to Property Owners, Protest Form & Instructions
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COMMISSION RESOLUTION NO. 4664
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 732;
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 North Wallace Avenue between East Lamme Street and L 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 “Improvements”). The total estimated costs of the
Improvements are $2,141,000; the City has committed $1,819,850 from the Street Maintenance District
fund to reduce the costs to the special improvement district, leaving $321,150 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 $322,150.
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 $322,150.
To fund the costs of the District’s Share of the Improvements, the Commission intends to
provide the District a loan of approximately $322,150.00 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
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Resolution 4664, Resolution of Intent to Create SID 732
Page 2 of 6
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 $322,150 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 $51,933 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. 732 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 North Wallace Avenue between East Lamme Street and L Street which front directly
on North Wallace Avenue, 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.
Section 5. General Character of the Improvements. The Improvements to be constructed generally
consist of removing the existing street pavement and curbing, installing a 33-foot-wide street section 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 North
Wallace Avenue between East Lamme Street and L Street. 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.
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Page 3 of 6
Section 6. Engineer and Estimated Cost. KLJ shall be the engineer for the District. The
Engineer has estimated the costs of the Improvements to be $2,141,000, as shown on Exhibit D,
attached hereto (and hereby incorporated herein and made a part hereof). The City has committed
$1,819,850 in Street Maintenance District funds, in accordance with Commission Resolution No.
4664, to the costs of the Improvements. The District's Share of the Improvements to be financed
from the Loan is $321,150 and the Incidental Costs related to the district and the Bonds are
estimated to be $1,000. The Loan is to be issued in the principal amount of $322,150.
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 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 5,152.74 feet. The total estimated
cost of the District's Share of the Improvements to be funded through the District
is $322,150 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 $62.52. 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.
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Resolution 4664, Resolution of Intent to Create SID 732
Page 4 of 6
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
$322,150, 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:
(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 $24.5
Million significantly exceeds the amount of assessments of $322,150. 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) Diversity of Property Ownership. There are 62 (sixty-two) separate
parcels of land in the District, with 97 separate owners.
(c) Delinquencies. (c) Delinquencies. Of the 62 taxable properties in the
district, only 6 have delinquent property taxes in the amount of $12,682.86. Of the
62 assessable properties in the district, only 3 properties have delinquent annual
city assessments totaling $314.67.
(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 and
businesses.
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Resolution 4664, Resolution of Intent to Create SID 732
Page 5 of 6
Section 10. 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 (Wednesday, February 24, 2016),
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 7th day of March, 2016, at 6:00 p.m., in the Commission
Meeting Room, Bozeman City Hall, 121 N. Rouse Avenue, in Bozeman, Montana.
Section 11. Notice of Passage of Resolution of Intention. The City Clerk is hereby
authorized and directed to publish or cause to be published a copy of a notice of the passage of this
resolution, 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 February 7, 2016, and February 14, 2016, 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 3
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 1st day of February, 2016.
___________________________________
CARSON TAYLOR
Mayor
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Resolution 4664, Resolution of Intent to Create SID 732
Page 6 of 6
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT
DISTRICT NO. 732 (N. WALLACE AVENUE)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on February 1, 2016 the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
to create Special Improvement District No. 732 (the “District”) for the purpose of undertaking certain local improvements on North Wallace Avenue from East Lamme Street to L Street 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 No. 4664 (the “Resolution”) is on file with the City Clerk which more specifically describes the nature of the 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 North Wallace Avenue from
East Lamme Street to L Street, including: repaving the road, replacement of curbing, installation
of storm drainage improvements, and pedestrian ramps, as more particularly described in Section 5 of Resolution 4664 (the “Improvements”). The total estimated costs of the Improvements is
$2,141,000; the City has committed $1,819,850 from the Street Maintenance District fund to
reduce the costs to the special improvement district, leaving $321,150 of the costs of the
Improvements, to be funded through the District (hereafter 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 $322,150. 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 $322,150.
To fund the costs of the District’s Share of the Improvements, the Commission intends
to provide the District a loan of approximately $322,150 from the City’s special improvement district revolving 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
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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 $322,150 plus interest at approximately
1.5% annually.
On Monday, March 7th, 2016, 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 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 Wednesday, February 24, 2016.
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: February 1, 2016
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
Stacy Ulmen, CMC City Clerk
Legal Ad
Publication Dates: Sunday February 7th & Sunday February 14th, 2016
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- 3 -
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Stacy Ulmen, City Clerk, being first duly sworn, says:
That I deposited a copy of the Notice in Re to the owners in Special Improvement District No. 732, as listed in Exhibit "A", in the U.S. Post Office at Bozeman, Montana, on the 7th day of
February, 2016, directed to the owners at the addresses shown on Exhibit "B".
______________________________
Stacy Ulmen, CMC
City Clerk
Subscribed and sworn to before me this ___ day of February, 2016.
(Notarial Seal) _______________________________
Printed name ___________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission expires: __________
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February 2, 2016 Dear Property owner; On Monday, February 1, 2016 the Bozeman City Commission adopted Resolution of Intent No. 4664 to create Special Improvement District No. 732 for the purpose of undertaking certain local improvements to North Wallace Avenue between East Lamme Street and L Street. Resolution of Intent No. 4664 is on file in the City Clerk’s office located at City Hall, 121 North Rouse Avenue, Suite 202 and can also be found on the City’s website at www.bozeman.net by following the steps provided: I want to button, view document center, Commission Documents, Resolutions, 2016 Resolutions, and by clicking on Resolution No. 4664. The Notice of Passage along with a protest form is attached for your convenience. The Public Hearing for this item will be on Monday, March 7th, 2016 at 6 p.m. at City Hall 121 North Rouse Avenue in the Commission Room. If you have further questions pertaining to the creation of Special Improvement District No. 732, please contact City Engineer Rick Hixson at rhixson@bozeman.net or by calling (406) 582-2284. Sincerely, Stacy Ulmen, CMC Bozeman City Clerk
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City of Bozeman
Special Improvement District Creation
Protest/Support Form
Information & Instructions
WHAT IS A SPECIAL IMPROVEMENT DISTRICT (SID)?
Special Improvement Districts (SID) MCA 7-12-4102 serve two primary functions. The first is the
creation of some form of infrastructure (example: sewer lines or roads). The second is for the
maintenance of a facility or service the City provides (example: street lighting).
Special Improvement Districts are created by legislative action of the City Commission. First a
resolution of intent is passed and advertised. The City will then mail a copy of the Notice of Intent
to create the SID to the property owners within the proposed district. Once the City Commission
passes a resolution of intent, those property owners in the proposed district have the
opportunity to protest the creation of the SID. The protest period begins after the date of the
first publication of the notice of the passage of resolution.
The City of Bozeman has developed this form to assist in a formal protest method for the
proposed Special Improvement District No. 732 for the purpose of financing local improvements
to North Wallace Avenue between East Lamme Street and L Street.
OFFICIAL PROTEST PERIOD
Montana state law MCA 7-12-4110 provides a way for property owners in the proposed district
to protest and/or support the creation of the district. The protest period for the creation of
Special Improvement District No. 732 begins February 7, 2016 and ends at 5 p.m. Mountain
Standard Time on February 24, 2016.
Protest and/or support letters received after the official protest period will be presented to the
City Commission but WILL NOT be counted in the official tally for or against the district. As written
in MCA 7-12-4110 Section 3 protests must be signed and therefore the city cannot count emails
or telephone calls in the official protest tally.
INSTRUCTIONS TO PROTEST OR SUPPORT THE DISTRICT
In order to be counted in the official protest tally, protests against the district must be:
• signed by a majority of property owners listed on the property deed
• identify the property being protested
• submitted in writing no earlier than February 7, 2016 and no later than February 24,
2016 at 5 p.m. Mountain Standard Time
“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 with the Gallatin County Clerk and Recorder. The term
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“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
“Majority” means greater than 50% of the owners listed on the deed (ie. if two people are listed
on the property deed, both must sign; if three people are listed on the deed; two must sign; if
the property is owned by an organization, the organization’s legally authorized representative
must sign) State law provides procedures for condominium owners to protest or support the
district.
A protest/support form is enclosed for your convenience. The form contains separate parts for
different types of ownership:
Part 1. Property owned by individuals
Part 2. Property owned by corporations, trusts, LLC’s and other businesses or entities
Part 3. Owners of condominium property
Please complete the part(s) that apply to your particular ownership. If you own multiple
properties, please use a separate form for each property. If you’d like to add any comments,
please attach them to the form.
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
If the City Commission receives protests from the owners of property in the proposed district to
be assessed for:
• 50% or more of the cost of the district, the Commission cannot proceed any further with
this district for at least 12 months; or
• more than 10% but less than 50% of the cost of the district, and if the City Commission
decides to proceed with proposing the district, the City Commission will order a public
vote on creating the district.
In determining whether or not sufficient protests have been filed in the proposed special
district to prevent further proceedings, property owned by a governmental entity must be
considered the same as any other property in the district.
By law, a property owner’s lack of action must be construed as support of the creation of the
special district. If this form is returned without selecting support or oppose below, it must be
construed as a protest against the creation of the district.
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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) want to
(check one) Protest Support
the creation of a Special Improvement District to establish an annual assessment and provide
for a method of assessments for Special Improvement District No. 732 for the purpose of
financing local improvements to North Wallace Avenue between East Lamme Street and L
Street.
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 _____/______/2016 at _____:____ AM/PM.
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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 legally authorized representative(s) of the organization that owns the
above listed property want to
(check one) Protest Support
the creation of a Special Improvement District to establish an annual assessment and provide
for a method of assessments for Special Improvement District No. 732 for the purpose of
financing local improvements to North Wallace Avenue between East Lamme Street and L
Street.
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 _____/______/2016 at _____:____ AM/PM
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PART 3 - Property owned as part of a condominium, please complete this
section.
Name of condominium:
Street address or legal description of condominium:
We the undersigned owners have an undivided ownership interest in the common elements of
the above named condominium present the following original signatures to the Bozeman City
Commission indicating our support or protest of the creation of Special Improvement District
No. 732 for the purpose of financing local improvements to North Wallace Avenue between
East Lamme Street and L Street.
Condo owner signature:______________________ Printed Name: _______________________
Property address:___________________________ Date:__________________
(check one) Protest Support
the creation of a Special Improvement District to establish an annual assessment and provide
for a method of assessments for Special Improvement District No. 732 for the purpose of
financing local improvements to North Wallace Avenue between East Lamme Street and L
Street.
Condo owner signature:______________________ Printed Name: _______________________
Property address:___________________________ Date:__________________
(check one) Protest Support
the creation of a Special Improvement District to establish an annual assessment and provide
for a method of assessments for Special Improvement District No. 732 for the purpose of
financing local improvements to North Wallace Avenue between East Lamme Street and L
Street.
Condo owner signature:______________________ Printed Name: _______________________
148
Condo owner signature:______________________ Printed Name: _______________________
Property address:___________________________ Date:__________________
(check one) Protest Support
the creation of a Special Improvement District to establish an annual assessment and provide
for a method of assessments for Special Improvement District No. 732 for the purpose of
financing local improvements to North Wallace Avenue between East Lamme Street and L
Street.
Condo owner signature:______________________ Printed Name: _______________________
Property address:___________________________ Date:__________________
(check one) Protest Support
the creation of a Special Improvement District to establish an annual assessment and provide
for a method of assessments for Special Improvement District No. 732 for the purpose of
financing local improvements to North Wallace Avenue between East Lamme Street and L
Street.
Certificate of Condominium Officer
I certify that the above listed signatures of the owners 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 our condominium declaration hereby
(check one) Protest Support
the creation of a Special Improvement District to establish an annual assessment and provide
for a method of assessments for Special Improvement District No. 732 for the purpose of
financing local improvements to North Wallace Avenue between East Lamme Street and L
Street.
Signature of condo officer:_____________________________ Title:______________________
FOR CITY CLERK’S OFFICE USE ONLY
Protest/Support Form received by City Clerk on _____/______/2016 at _____:____ AM/PM.
149