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HomeMy WebLinkAboutResolution 4664 SID 732 Resolution of Intent of Creation or so A w i 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: t I 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, i 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 i the costs of the Improvements,to be funded through the District (hereinafter referred to as the District's j 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, If 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 i( I I Resolution 4664,Resolution of Intent to Create SID 732 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 Ioan 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. Page 2 of 6 . j 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. 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. i 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 1' 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 i� i Page 3 of 6 i Resolution 4664,Resolution of Intent to Create SID 732 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. 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 PropeLty 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. Page 4 of 6 I I I Resolution 4664,Resolution of Intent to Create SID 732 (b) Diversity of Property Ownershiu. 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. 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, March 2, 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 F 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 f regular meeting will be held on Monday, the 7"' day of March, 2016, at 6:00 p.m., in the Commission Meeting Room, Bozeman City Hall, 121 N. Rouse Avenue, in Bozeman,Montana. f 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 14, 2016, and February 21, 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 Iast 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. 1' i 3 Page 5 of 6 I� Resolution 4664,Resolution of Intent to Create SID 732 Section 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8t}'day of February 2016. CARSON TAYLOR Mayor ATTEST: y O ry p STAty-41 MW` City clergy K0, APPROVED AS TO FORM: -'GREGAULLIVAN City Attorney Page 6 of 6 i Exhibit A N. Wallace Ave - S.I.D. District L-4K ST E IRCH-ST B �N�Tc�4 I N 5 ��sT q Fro so H i CF��w I JU ]PER S w a � ' 0) LEE TAMARACK ST; i a '°gyp 4 z E ASPC-�I�l= ST L1J1llLL� E ASPEN LJ..I..I.-� �. t E &T'T.CNW00�ST �OTaTONW00© ST E --T1 II_I_I_I_I_J_LI1r i � E PEAOH S12 Q � E—P-EA -S TE z� � Q z - > a LU } FR]DL-EY--S- r EY ST z z Lw# t g I Z DAVIS-ST [ O� 4 �I _... _ �E-BEAU[ ST �L-AMME-5`r P Legend I it Parcels II N.Wallace- SID District I' S EXHIBIT B North Wallace AVen0e SID D'rstHrt-Legal 0-1pti0n O7 Proper[Ies ADDRESS 011"Ek1 OWNER2 OWNE7?_3 OWN6R_a OWNER ADDRE95 QTY s'IATE LP PARCELNUM IS! LEGALDIESCRIPTON OVRTANDING SIO DLO PkOFEw DUD CT' ASSIMENTS T fSSMENT3 521 ETAMARACK KENYON NOBLE LUMBER COMPANY CAMO HOLDINGS110 PO BOX ling BOZEMAN MT59771-1109 RGH27O93 NORTHERN PACIFIC ADDITION LOT2 BLOCK uo-u2 $ 5 S 902 N WALACE AVE TIMOTNYRATHRUN 902 N WALLACE AVE BOZEMAN MT5 9 715-3 0 68 RGW763O NORTHERNPACIFICADDITLON LOT Sd&v,3bwCK103 5 5 5 905 M WALLACE AVE KENYON NOBLE LUMBER COMPANY PO BOX 11Dg BOZEMAN MT 59771-1109 AGII5911 NORTHERN PACIFIC ADDITION LOT I7-J9 PART OF LOT20 PLUS VACANT ALLEY BLOCK 110 S 5 $ A03 N WA14ACE AVE SCALA PROPERTIES U..0 2005PRIN60 TROSWUEAL351733554 RGH2137 NORTHERN PACIFIC ADDITION LOT I BLOCK Log S 5 $ 601 N WALLACEAVE SCALA PROPERTIES LC 2005PRINGST TRUSSVILIE AL 35173-3954 RGHEInG NORTHERN PACIFIC ADDITION LOT2 5 5 S 719N WALLACE AVE OASIS PROPERTI ES LLC.LEI RKI ND MANSION BED&BREAKFAST 719 N WALLACE AVE BOZEMAN MT5971-3063 RGH3403 NORTHERN PACIFIC ADDITION LOT I2-16 BLOCK 108 PLUS POROFEASTASPEN ST $ $ 5 707 N WAUACEAVE OWIGKTRWIFSF JFANNEWESLEYWIFSF 707 N WAUACFAVF BOZEMAN MT59715-3063 96114674 NORTHERN PACIFIC ADDITION LOT I7-22 BLOCK LOB 5 5 5 701 N WALLACE AVE VALERIE HEDGLIN TRACEYOOWNING MARLYN MADISON DIANA PETERSEN 220 SAGUAWEA PEAK DR BOZEMAN MT5971&9392 ARGH2575NORTHERM 3 NORTHERNPACIFIt ADDMCNLOT I7-2252 OF LOTS BLOCK LOB S 5 5 724 N WALLACE AVE MIKE KVASNLIX 720 N MONTANAAVF BOZEMAN MT59715.2921 7 NORTHERN PACIFIC ADDITION LOT IA BLOCK LOS 5 S $ 620 N WALLACE AVE WALLACE NORTH LLC 810 N WALLACE AVE 80 SOZEMANMTS97IS3020 IN NORTHERN PACIFI C ADDITION L0T14 BLO CK 104 $ - 5 $ - 902 N WALLACE AVE WALLACE NORTH LLC 910 N WALIACEAVENO BOZEMAN MT M75.302D 0 NORTHERN PACIFICADDERON L0729-32 BLOCK 204 $ $ $ Wl COTTONWOOD ST SAMUELTHOMPSONIII SAMLLTHOMPSON IV BEAM THOMPSON NATANIELTIOMPSON 700 N WALLACE AVE APT C BOZEMAN MT 597I5-3014 83 NORTHERN PACIFIC ADDITION LOT BLOCK 105 $ 5 5 530 E COTTONWOOD ST STEVE KERR TEAM HERR 330 E COTTONWOOD ST BOZFMAN MT 5971S-3060 96 NORTHERN PACIFIC ADDITION LOT 1S15N 120.OF LOTS BLOCK SD7 5 5 356432 $ Gil WALLACE AVE SUSAN TORN ER GEORGEHRITSCD IAWAENCE HRITSCO 271S HARRISST BOZEMAN MT 5972A-TA45 24 NORTHERN PACURCADOMON IOTA 81=107 S S S 605N WALLACE AVE CHADW[IX GROTH FLOfIEN�GROTH 701 S WILl50N AVE 002EMAN Mf 59715-5240 25 NORTHERN pAC1FICADDTITON LOTB BLOCK 107 $ 5 $ 624N WALLACE AVE WACKAMOLEY LLC 624N WALLACE AVE BOZEMAN MTS9725-3042 5 NORTHERN PACIFICADDTILON LOTSBLOCK306 $ 5 L761A S 618N WALL4CE AVE POMEGRANATEl1C 89t9 RAIN ROPER DR BO2EMAN N7T59715-0632 49 NORTHERN PACIFICADOITON lOT28LOCK lOfi 5 $ 2,30.5AI $ 117A7 600N WALLACE AVE WO NORTH WAUACE AVENUE ITC OID 8 NTINGMANAGEMENT 2171NTERNATIONALORCLE HUNTVAUEYMD21030 E0 NORTHERNPACIFICADOITIONLOT527-32BL...I 5 $ § $11N WALLACE AVE MARTIN LAND LLC 511 N WALLACE AVE BOZEMAN MT59715-3757 RGHS648 SABCOCK&DAVISADDOION21711114'TRACT IN NE4ACRES OA94 BLOCKS $ S 503N WALLACE AVE MARTINLANOLLC Stl N WALLACE AVE BOZEMAN MT5971S37$7 1101564B BABCOCK&DAVISAODITION 661141YTRACTIN N64ACRES 0279 SLOCKB $ $ $ 425N WALLACE AVE JUDITH IONS 924NMON RD BOZEMAN MT 597388711 RGH5651 UNBLOCK&DAVISAODMON 66X194'TRACTACRE50.279 BLOCK 6 5 5 5 419 N WALLACE AVE HAYDON FAMILY TRUST.RALEIGH HAYOON TRUSTEE 419N WALLACE AVE BOZEMAN MT59715-3755 R01112104 BABCOCK&DAVIS AODNION 100X384'TRACT 10 ACRES DA22 BLOCK 6 S $ 5 413 N WALLACE AVE PERSI FOR OUVER III ANNAOLIVER 413N WALLACE AVE ROZEMAN MT597I5-3755 RGH6325 BAB0OCK&OAVISAODEEON LOTS SLOCK6 S $ 5 ALIN WALLACEAVE DLLBERTSCHLEGEL SULAHSCHLEGEL 411.N WALLACE AVE 6026MAN MT 59715-3755 ROM BABCOCK&DAVIS AD DITION LOT 6 BLOCK 6 $ $ $ 401N WALLACE AVE FALLON MUM 1346 CONWAY RD OECATURGA3003GASSO RGH5379 BABCOCK&DAVIS AO DITONE 100'LOT 3&E 100'OF5 DDLY4 BLOCK $ S 5241,1WAUACEAVE KELLYFULTON ELIZABETH FULTON 524N WALLACE AVE BOZEMAN MT 59715-3758 RON2639 BABCOCK&DAVIS AD DIUON N S'OF W 115'LOT S W 225'LOT 6 BLOC%7 $ S 52aNWALLACEAVE JOHN MORRISON WENDYBIANCHINI 2202BRIOGER OR BOZEMAN MT 52725-2340 ROH2379 BASCOLK&OAVISADDMDNSSO'OFN55'LOTSBLOIX7 $ $ $ $16N WALLACE AVE MICHELLE STASH MATTHEW STASH 516N WALLACE AVE BDZEMAN MT 59715.3758 RGH4024 RARCOCKLID ISADDERON S7'%172'TRACTIN LOT S BLOCK 7 $ IS 5 SUMWALLACEAVE KEVJNREPASKY TERRY RICK 5U N WALLACE AVE BOZEMAN NIT S977S37SB ROH5990 BABCOCK&DAVIS All DDION 51X172'TRARIN LOT S BLOCK 7 5 S $ 508N WALLACE AVE ELIZABETH SCHUR THOMAS XWXAY $09M WALLACE AVE BOZEMAN MT 59715.9758 RGmJ.9 BABCOCK&DAVIS AO DIMON 37.5'X172-TRACT I N LOTS 41k S BLOCK 7 S $ $ 504N WALLACE AVE PETER MALLSIO $04N WALLACE AVE BDZEMAN MT 59715.3758 RGG1369 BABCOCK&DAVIS AO DFRON S 37.5'LOT 4 BLOCK 7 5 5 $ 422 N WALLACE AVE DAVIDVICIFDO JENNIFERXIRK 436NWALLAC£AVE $OZEMAN MT 59725-3756 RGNS289 BABCOCK&DAVIS AD DITION W2 LOT 3 BLOCK 7 $ 5 S 424NWALLACEAVE DAVIDVICIEDO 1ENNIFERVICIED0 424N WALLACE AVE BOZEMAN MT 59715-3756 RSH21062 BABCOCK&DAVIS AODQION LOT2A-2 BLOCK $ 5 $ 418 N WALLACEAVE MICHAEIWICKES 423 N WALLACE AVE 302EMAN MT 59725.3756 ROK4406 BABCOCK&DAVIS ADDITION LOT 2C BLOCK 7 5 $ 5 416N WALLACE AVE KERN BRUMBACH 3502 GOOD MEDICINE WAY BOZEMAR A4T59715.9232 RGH3950 BRACTS REARRANGEMENT LDT ITRACT D PWSVACANT ALLEY BLOCK 5 $ 5 412NWAUACEAVE MATT CROSS EUMETH REESE 412 N WALLACE AVE 807EMAN MT 597153756 RGILWS BRAINS REARRANGEMENT L0F I TRACT C BLOCK 7 PUOS VACANT ALLEY $ 5 $ ADS N WALLACE AVE MATSHEW LEVJIS CHERYLLEWIS 1402 N WALLACE AVE BOZEMAN MT 5971S3756 RCH1741 BRAOYS REARRANGEMENT LOT I TRACT B BLOCK 7 PLUS VACANTAUEY $ § 404NWALL4CEAVE SHMONARMOLD DARREN DAVID ARNOLD WIWAMARMOID 404N WAUO4CE AVE BOZEMAN MT 59733-3755 RGG7203 BUOYS REARRANGEMENT LOT I TRACER BLOCK $ 327NWAHACFAVF LYIE HAPPEL 4700 GOOCH HILL RD BOZEMAN MT59TSB-9027 RG N4703 BABCOCK&DAVIS ADDITION E 92'OF LOT 14 BLOCK S $ $ 325 N WAJLACEAVF JAMES KAUWILLER LAURA DO6EIX 31$N WALLACE AVE BOZEMAN MT 59715-3153 RUN2959 BABCOCK&DAVIS ADDITION E 92'LOT 12 BLACK S $ $ $ 321NWALIACEAVE ROBERT XNAPP 321NWALLACE AVE BOZEMAN MT 5971S3759 RGH2940 BABCOCK&DAVIS ADDITION LOT ICI BLOCK S $ S $ 317N WALLACE AVE JAREDJOHNSON KATHERINE JOHNSON 5317WATEKADR DAUASTX7520-5511 ROH3652 SUBCOCK&DAVIS ADDITION N 30'LOT B BLOCK S $ S 2,688,37 S 6893 313 N WALLACE AVE ARTHURALBIN OEBORAN ALBIN 313NWALLACEAVE $02FMAN MT 59715-3753 RGH1337 BABCOCK&DAVIS ADDITION LOT 5 BLOCK S $ S 307 N WALLACEAVE JFANNERFOWLFB 701 R WALLACE AVE BOZEMAN MT 5973 3053 RGH2759 BABCOCK&DAVIS ADDITION LOT 4 RLOCK S $ $ 305 N WALLACEAVE BIWE WARFORD MARTINWHITMONT 3117 SOURDOUGH RD BOZEMAN MT59715-9260 RGH63S2 BABCOCK&DAVIS ADDITION TRACT)IN E PT OF LOT 2 BLOCK 5 $ 5 S 301 N WALLACEAVE MATTHEWBUSHUE 1214ECUKRSSST BOZEMAN MT597LW864 RGH16R7 BABCOCK&DAVIS ADDITION LOT2A BLOCK S $ $ $ 330NWALLACEAVE ❑IARLESBRODI£ 931 HULBERT ROW 802EMANMT597184514 RGH4566 BABCOCK&DAVIS ADDITION LOT46LOIX 4 S $ 5 324 N WALLACEAVE ALAMITO LLC 1276 N 15TH AVE STE IDEA I BOZEMAN MT 59715-3289 RGH4504 BABCOCK&DAVIS ADDITION TRACT7 BLOCK 4 S S 318 N WALLACEAVE STUARTSTROUN 90 DIAMONDBACK RD ENNIS MT59m;9 llo RGH6543 BABCOCK&DAVIS ADDITION TRACT 9&1007750'PT OETRACT A BLOCK 4 S 314 N WAIIACEAVE PETER MACFADYFM SARAN KNELL 314 N WALLACE AVE BOZEMAN MT S9735-3754 RGHC93 BABCOCK&DAVIS ADDITION 44X150'TRACT B BLOCK 4 PS S S 31DNWAUACEAVE LAUREN STERN 310 M WAUACFAVE BOZEMAN MT 5971S3754 RGH4099 BABCOCK&DAVIS ADDITION SOXlSa'TRACT BLOCK 4 N WALLACEAVE STEVEN MARTY 302 N WAIIACEAVE BOZEMAN MT597153754 RGH5039 BABCOCK&DAVIS ADDITION 773'R 150'BLGCK4 S S 30 EDAV5ST JOSUN FIELDS 14777 HAYHOOKRD BOZEMAMMT59715-9648 RGHISM BABCOCK&DAVIS ADDITION F 69.S'LOT573-t6 BLOCK2 S $ 15 N WALIACEAVE NOAH PORITZ LEONAPORITZ 141E MAPLE OR BOZEMANMT597153939 RGH2OR6 BABCOCK&DAVIS ADDITION LOT I7-IB BLOCK2 §[1111 WAUACEAVE PAULSTOY AMYTROWBRIDGL 11111 WALL CEAVE 10ZEMAN Mi 11715-3751 RGH4489 BABCOCK&DAVIS ADDmON LOT 29.20 BLOCK 2 5 1,603,26 5 128.67 N WALLACEAVE MCIUELMCGEE SAIAL HUBER MCGEE 332SCHURCHAVE BOZEMAN MT 59715L815 RCH3353 BABCOCK&DAVIS ADDITION LOT22A BLOCK 2N WALLACEAVE CHRISTOPHERSUQCH 209NWAUACEAVE BOZEMAN MY 58715.3751 RGH3354 BABCOCK&DAVIS ADDITION LOT23A BLOCK 2NwA11A[EAVE DEBOMH MCKAY POB0X325 BOZEMAN Mi 59771-0325 RGH3091 BABCDCK&DAVIS ADp1TI0N LOTlLACKS $ $ NWA11ACEAVEPHOEBESTETSONTNPPTRIIST S39 NSM 5T UVINGSTON MT59047-1801 RGH3905 &1BCOCK&DAVISADOTFON 75'X150'TRACT BLOCK 3 $ 5 N WALLACEAVE DIANETHCMPSON ISSANDERSAVE BOZE. S'7US-652 RSH5961 UNBLOCK&DAVIS ADDITION 34X750'TRALT I0 PLU51/5 INTEREST IN 22'ALLEY BLOCKS 5 S 919.82 5N WAl1ACEAVE JAMFS LOCgE %ATHLEEN LOCNIEIENNIE COCKLE OAVIO COCKLE 317 UNOLEY PL BOZEMAN Mf i9775dA3b RGH2&19 &16COCK&DAVIS ADDITION 50".(150'TRACT pLU51161NTERFST IN 7.2'ALLEY BLOCKS $N WATIACEAVE PA U LGAFFNEY I IBOZEMANMT59771-061 IRGH5571 IRADCOCK&DAVISADOMON 60X100'TRACT I2 BLOCKS S 5 $ 32,582.95 $ 324.67 EXHIBIT C North Wallace Avenue SID District-Lot Frontage Assessment ADDRESS OWNER OWNER2 OWNER OWNER4 OWNER ADDRESS CITY STATE ZIP PARCEL NUMBER A'SESSASLE AREA LM FM Me re LINEAR FT A4T.essment 902 NWALLACE TIMOTHKENYONY NOBLE LUMBER COMPANY CAMO HOLDINGS LLC PO BOX 1109 BOZEMAN MT 5977E-1109 RGHZ7093 202 $ 12,629.07 905 N WALLACE AVE KENYON NOBLE BUN 902N WALLACE AVE BOZEMAN MT 597153669 RGH27230 Boo $ 18.75644 BOB N WALLACE AVE KENYON NOBLE LUMBER COMPANY PO BOX 1109 807EMAR MT59773A209 RGH5912 142 $ 8,817.86 803N WALLACE AVE SCAIA PROPERTIES LLC 200 SPRING ST TRUSSVILLE AL 351733354 RGH2337 244.63 $ 15.29430 301N WALLACE AVE SCALA PROPERTIES LLC 200SPRINGST TRUMMLLEAL35173.3254 RGH3296 85.47 $ 5,343,60 719 N WALLACE AVE OASIS PROPERTIES U.C.LEHRKWD MANSION BED&BREAKFAST 719 N WALLACE AVE BOZEMAN MT597153063 RGH3403 172.I9 $ 10,76534 707N WALLACE AVE DWIGHTR WIESE JEANNE WESLEY WIESE 707N WALLACE AVE BOZEMAN MT 5971S3063 RGH4674 71 $ 4,438.93 70114 WALLACE AVE VALERE HEDGLIN TRACEY DOWNING MARLYN MADISON DIANA PETERSEN 220 SACAJAWEA PEAK DR BOZEMAN MT 59718-9392 RGH5033 171 $ 4,438.93 724N WALLACE AVE MIKE KVASNICK 720 N MONTANA AVE BOZEMAN MT 59715-2971. RGH2887 192 $ 5,751.85 810N WALJACE AVE WALLACE NORTH LLC Sid WALLACE AVEilO BOZEMAN MT$4715-3020 RGH28109 142 $ 8,677.86 802 N WALLACE AVE WALLACE NORTH LLC 510 N WALLACE AVE YO BOZEMAN MTS971S3020 RGH4D60 142 $ 8,157756 G0ICC7TONWOODST SAMUEL THOMPSON III SAMUEL THOMPSON IV BEAM THOMPSON NATHANIEL THOMPSON 700 N WALLACE AVE APT C BOZEMAN MT59715-3014 RGH39583 Z08.11 $ 13,012.07 530 E COTTONWOOD ST STEVE HERR JEAN HERR 530 E COTTONWOOD ST BOZEMAN MTS9715.3060 RGHS6396 120 $ 7502.42 611N WALLACE AVE SUSAN TURNER GEOAGEHAITSCO LAWAENCEHRITSCO 2715 HARRISST FLORENCEGROTH 701SWILL BOZEMAN MT59718.6045 RCH24224 75 $ 4,619.01 L4 605N WALCE AVE CHAOWICK GROTH SOYAVE BOZEMAN MTS971SA240 RCH24225 105.21 $ 6,577.74 624N WALLACE AVE WACKAMOLEYLLC 624N WALLACE AVE B02EMAN MT59715-3042 RGH2575 67 $ 4,188,85 618 N WALLACE AVE IPOMEGRANATE LLC 3919 RAIN ROPER OR BOZEMAN MT 59715-0632 RGH21449 75 $ 4,689.0E 600N WALLACE AVE 600 NORTH WALLACE AVENUE LLCGO BUNTING MANAGEMENT 2271NTERNATIONAL CIRCLE HLNTVALLEYMD21030 RGH1460 142.DS $ 8,880.99 511N WALLACE AVE MARTIN LAND LLC 511 N WALLACE AVE BOZEMAN MTS97IS-VSY RGHSG48 209.46 $ 13,095.47 503 N WALLACE AVE MARTIN LAND LLC 511 N WALLACE AVE BOZEMAN MT59715.3757 RGH5648 66 $ 4426.33 425 N WALLACE AVE JUDITH KING 924 NELSON RD BOZEMAN MT59718.8711 RGHS651 56 $ 4,126.33 419N WALLACE AVE HAYDON FAMILY TRUST,RALEIGH HAYDON TRUSTEE 419 N WALLACE AVE BOZEMAN MT S9725-3755 RGH2104 100 $ 6,252.01 413N WALLACE AVE P6R5IFOR OLIVER III ANNA OLIVER 413 N WALLACE AVE BOZEMAN MT 59719--N55 RGH6325 50 $ 3,1Z5,01 411N WALLACE AVE DELBERT SCHLEGEL BULAH SCHLEGEL 411 N WALLACE AVE BOZEMAN MT 59715.3755 RGH5388 7S $ 41689.01 401NWALIACEAVE FALCON MURTY I346 CONWAY AD OECATUR GA 300303560 ASH5379 73 $ 4,659.011 524N WALLACE AVE KELLY FUL70N ELIZABETH FUL70N 524 N WALLACE AVE BOZEMAN MT S971S-3758 RGH2639 30 $ 1,B75.60 S29N WALLACE AVE JOHN MORRISON WENDYBIANCHINI 22026AIDGER OR B02EMAN MT 59725-2340 RGH2979 SS $ 3,439.61 S16N WALLACE AVE MICHELLESTASH MATTHEWSTASH 516 N WALLACE AVE BOZEMAN MT 59715.3758 ROH4024 57 $ 3,563.65 512 N WALLACE AVE KEVIN REPASKY TERRY RICK 512 N WALLACEAVE BOZEMAN MT 59M.3758 RCH5980 51 $ 3,18853 508NWALLACE AVE ELZABETH SCHUH THOMAS KALAKAY SDS N WALLACE AVE BOZEMAN MT 597;5-3758 RGH3219 375 5 2,3445E SO4 N WALLACE AVE PETER MALESKI 504 N WALLACE AVE BOZEMAN MT 59715-3758 R881369 375 $ 2,A44.51 423 N WALLACE AVE DAVID ViCIEDO JENNIFER KIRK 428N WALLACE AVE BOZEMAN MT 5971S-3736 RGH6259 65.94 $ 4,322.58 424NWALLACEAVE DAVIDVICIEDO JENNIFERVICIEDO 424N WALLACEAVE BOZEMAN MT 49725-3756 RGH21062 50 $ 3,126A1 418 N WALLACE AVE MICHAEL WICKES 418 N WALLACE AVE BOZEMAN MT 59725-3756 RCH4486 6B5 5 4,282.63 416 N WALLACE AVE KEVIN BRUMBACH 3502 G0OD MEDICINE WAY BOZEMAN MT59715-9232 RGH3B50 4D S 2,500.81 422 N WALLACE AVE WYATT CROSS ELIZABETH REESE 412 N WALLACEAVE BOZEMAN MT 597F5-37S6 RGH54D5 50 $ 3,126.01 408 N WALLACE AVE MATTHEW LEWIS CHERYI LEWIS 408 N WALLACEAVE BOZEMAN MT 59715-3756 RGH1741 50 $ 3,126.01 404 N WALLACE AVE SHARON ARMOLD DARREN DAVID ARMOLD WILUAM ARMOLD 404 N WALLACE AVE BOZEMAN MT$9715-3756 RGG328B 60 $ 3,7512E 327 N WALLACE AVE LriE HAPPEI 4700 GOOCH HLL RD BOZEMAN MT 59719-SO27 RGH47D3 49,8E 5 3,214.13 325 N WALLACEAVE JAMES HAUWILLER (AURA DOSECK 325 N WALLACE AVE BOZEMAN MT 59715-3753 RGH2959 5037 $ 3,14944 32.1N WALLACEAVE ROBERT KNAPP 321N WALLACE AVE BOZEMAN MT 597153753 RGH2640 Ems $ 3,14851 317N WALLACE AVE JAAEDIOHNSON KATHERINE JOHNSON S317 WATEKA OR DALLA5Tx75209-5511 RGH3652 30 $ 1,875.60 313N WALLACE AVE AJLTHUR ALBIN DEBORAH ALBIN 313N WALLACE AVE BOZEMAN MT 5971S37SB RGH1337 70.37 $ 4,39954 307N WALLACE AVE JEAN NE B FOWLER 707N WALLACE AVE BOZEMAN MT 59715.3063 RGH2759 50.34 $ 3.147.26 $05N WALLACE AVE IBILLIE WARFORD MARTIN WH17MONT 3117SOURDOUGH RD BOZEMAN MY$97159260 RGH6352 49 $ 1,06349 Sol N WALLACE AVE MATT14EW BVSHUE =4 E CURTISS 57 BOZEMAN MT 5971S3B64 RGH1657 31 $ 1,938,12 330 N WALLACE AVE CHAALES BAODIE 921 HULBERT RO W BOZEMAN MT597184514 RGH4966 60.33 $ 3.771.94 324 N WALLACE AVE ALAMITO LLC U76 N ISTH AVE STE 103A BOZEMAN MT 59715.3219 RGH4W4 SO $ 31126101 318N WALLACE AVE STUARTSTROLN 90 DIAMONDBACK RD ENNIS MT59729-9110 RGHGS43 10D $ 6,252.01 314N WALLACE AVE PETER MACFADYEN SARAH KNELL 314N WALLACE AVE BOZEMAN MT 59715-3754 RGH4095 44 $ 2,750.89 310N WALLACE AVE LAUREN STERN 310N WALLACE AVE BOZEMAN MT 597353754 RGH4099 50 IS 31226,01 202 N WALLACE AVE STEVEN MARTY 30ZN WALLACE AVE BOZEMAN MT 5971S-3754 RGH503S 77.5 $ 4,845.31 530 EDAVIS ST JOSLIN FIELDS 14777 HAYHOOK RD SOZEMANMT597159648 ROH1574 97 $ 6,064.45 215 N WALLACE AVE NOAH PORITZ LEONA PORRZ 1418 MAPLE DR BOZEMAN MT59715-5939 RGH2O86 55 IS 3.438.61 211 N WALLACE AVE PAULSTOY AMYTROWBRIDGE ZI3 N WALLACE AVE BOZEMAN MT 59715.3751 RCH4489 56 205N WALLACE AVE MICHAEL MCGEE SALAL HUBER MCGEE 332 S CHURCH AVE BOZEMAN MT 597154815 RGH3353 53.49 $ 3344.20 203N WAl1ACE AVE CHRISTOPHER SUCICH 2O3 N WALLACE AVE BOZEMAN MT 59715.3751 RGH3354 59.61 $ 3,725.aB 222 N WALLACE AVE DEBORAH MCKAY RD BD%325 BOZEMAN MY 59771-0325 RGH3091 99 $ G. *41 216 N WALLACE AVE PHOEBE&STEPSON TRIPP TRUST BIG N STH 57 UVINGSTON MT 59D97.11R71 RGy1405 74 $ 4,IL 210N WALLACE AVE DIANE THOMPSON 16SANDERSAVE BOZEMAN MTS9728-6252 RGHS961 35 $ 2,198.20 208 N WALLACE AVE JAMES LOCKIE KATHLEEN LOCKIE JENNIE LOCKIE DAVID LOCKIE 917 LINDLEY PL BOZEMAN MT 597154834 RGH2349 50 $ 3,126.01 204N WALLACE AVE PAULGAFFNEY RD BOX 961 BOZEMAN MY 5977E-0961 RGH5571 60 $ 3,751,2E TOTALS MILL74 $ 322,SSO.m0 SID$(LlRear F4otM Pronbge$ 6Z.52 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST North Wallace Avenue Reconstruction Project �� SID Eligible Improvements Only City of Bozeman,NIT :_, January 19,2016 EXHIBIT D ........... Base Bid Schedule I--Street Improvements Item# Description Quanibty Unit Unit Price TOTAL COST 101 Mobilization 1 LS $ 86,000.00 $86,000 102 Taxes,Band,&insurance 1 LS $ 32,000.00 $32,600 103 Temporary Erosion Control 1 LS $ 10,000.00 $10,000 104 Construction Traffic Control 1 LS $ 25,100.00 $25,100 105 Miscellaneous Work 1 LS $ 20,000.00 $20,000 106 Concrete Removal-Flatwork 9,133 SF $ 3.00 $27,399 107 Concrete Removal-Curb&Gutter 3,624 LF $ 8.00 $28,992 108 Remove&Relocate Existing Mailbox 2 EA $ 100.00 $200 109 Remove Existing Street Sign&Post 32 EA $ 100.00 $3,200 110 Unclassified Excavation 7,853 CY $ 16.00 $125,648 111 Sub rade Stabilization 585 SY $ 60.00 $29,250 112 1-112"Cnrshed Base Course 4,648 CY $ 35.00 $162,680 113 55-1 or CSS-i Emulsified Asphalt 1,206 GAL $ 3.50 $4,221 114 Asphalt Concrete Surface Course Grade Type B 3,386 TON $ 65.00 $220.090 115 Asphalt Cement Binder PG 58-28 203 TON $ 550.00 $111,738 116 Combined Curb&Gutter 6,700 LF $ 16.00 $107.200 117 4-Inch Sidewak 2,817 SF $ 7.50 $21,128 118 6-Inch Sidewak 1,720 Si- $ 8.00 $13.760 119 Detectable Warning Panels 508 SF $ 40.00 $20,320 120 Concrete Driveway(6-Inch) 5,409 SF $ 10.00 $54.090 121 Street Sign&Post 28 EA $ 500.00 $14,000 122 Flexible Delineator 42 EA $ 75.00 $3,150 123 Preformed Thermopiasilc Pavement Markin -Yellow(4-Inch) 0 LF $ 1.25 $0 124 Preformed Thermoplastic Pavement Market -While 8-inch 990 LF $ 8.00 $7,920 125 PrefomnedThennopiastic Pavement Marking-White 24-inch 437 LF $ 24.00 $10,488 126 Preformed Termoplastic Pavement Marking-White Message 233 SF $ 23.50 $5,476 127 Epoxy Pavement Marking-Curb Top&Face 2 GAL $ 268.00 $516 128 Seeding 4,066 SY $ 8.00 $32,628 129 Topsoli(4') 451 CY $ 33,W $14,883 Base Bid Schedule 11--Storm Drain Improvements Item# Description quantity Unit Unit Price TOTAL COST 201 Mobilization 1 L3 36000.00 $36,000 202 Taxes Bond &Insurance _ 1 LS 130W.00 $13,000 203 Temporary Erosion Control 1 LS $ 4,000.00 $4 000 204 Construction Traffic Control 1 LS $ 10 5moo $10,500 205 Storm Water Retention Pond and Trail Relocation 1 LS 15 000.00 $15 000 206 Remove Existing Storm Sewer inlet 40 EA $ 500.00 $20000 207 Remove Existing Storm Sewer Manhole 10 EA $ 1,200.00 1 000 208 lRemove Existing Storm Sewer Pipe 11.280. LF $ 9.00 $11 520 209 FRI and Abandon Storm Sewer Pipe 78 CY $ 416.00 $32 370 210 R Class 2 Random 4 CY $ 100.00 $400 211 Erosion Control Geotexille 15 SY $ 10.00 $150 212 12"PVC Storm Drain Pipe 513 LF 50.00 $25 650 213 15"A2000 PVC Pipe 53 LF $ 55.00 $2 915 214 18"A2000 PVC Pipe 1,572 LF $ 60.00 $94 320 215 24"A2000 PVC Pipe 1.075 LF $ 70.00 $75 250 216 RCP IRR 12 IN Class 5 24 LF 60.00 $1 440 217 RCP IRR 15 IN Class 4 _ 0 LF $ 75.00 $0 218 Manhole-4&' 11 EA $ 4,000.00 $44,000 219 Manhole-60" 2 EA 6,000.00 $12 000 220 Drop Inlet 36" 17 EA $ 3 000,00 $51 000 221 Combination Drop Inlet 48"Manhole 5 EA $ 3,800.00 $19 000 222 Connect ExIstIrK1 Storm Sewer Pipe to New Manhole 3 EA $ 1,600.00 $4,900 223 Storm Utility Conflicts 23 EA $ 400.00 $s 200 224 T pe 2 Pipe Bedding 5 CY $ 72.00 $360 225 Imported Backfill S CY $ 60.00 $300 226 1 Explortlory Excavation-Large Crew 1 a 1 HR 500.00 $4 000 227 1 Explorttofy Excavation-Small Crew 1 8 1 HR le 200.00 $1,600 Subtotal $1,692,600 15%Contingency $253,900 Subtotal $1,946,400 10%Construction Staking& $194,600 Construction Admin Total $2,141,000 i Exhibit E NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO.732(N. WALLACE AVENUE) CITY OF BOZE MAN,MONTANA I NOTICE IS HEREBY GIVEN that on February 8, 2016 the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted Resolution 4664, 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 between 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 No. 4664 (the"Resolution") is on file with the Bozeman City Clerk. The Resolution 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. 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; however, the City has committed $1,819,850 from the City's Street Maintenance District to reduce the costs to the District, leaving$321,150 of the costs of the Improvements, to be funded by the District (hereafter referred to as the District's Share of the Improvements). It is the intention of the City Commission to create and establish in the City under Title 7, Chapter 12, Pants 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, is I $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. 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 I! 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 E E �f u Exhibit E 1.5% annually. On Monday, March 7th, 2016, at 6:00 p.m., in the Commission Room of City Ball, 121 North Rouse Avenue, Bozeman, Montana, the City Commission will conduct a public hearing regarding adoption of a resolution creating the District 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 an 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,March 2,2016. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Engineer, PO Box 1231, Bozeman, Montana, 59771 or by telephone at (406) 582-2280. Dated:February 11,2016 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA Ci Cli-"I 54 y 3 r Le ag 1 Ad Publication Dates: Sunday February 14th & Sunday Febr'uary,2Xth,2016* AFFIDAVIT OF MAILING STATE OF MONTANA ) ss County of Gallatin ) Stacy Ulmen,Bozeman City Clerk,being first duly sworn, says: That I deposited in the U.S. Post Office at Bozeman, Montana, on the Ilth day of February, 2016, a copy of the Notice of Passage of Resolution 4664 (A resolution of intent to create the Wallace Street SID (SID No. 732) to owners of real property located in Special Improvement District No. 732, as those properties are listed in Exhibit "C" of Resolution 4664, directed to the owners at the addresses shown on Exhibit`B". 41 f: o City ClerkCIO _�7 4 Subscribed and sworn to before me this 19 day of February,2016. ; {Notarial Seal HEATHER BIENVENUE Notary Public otnit11A4' for the State of Montane . ( tea name *: •- * Residing at: otary Public for the State of Montana Bozeman, Montana` / Residing at Bozeman,Montana My Commission Cxores: ,+OFAIW', r „r���,,, January 26,201 a My Commission expires: I I I. it I� i - + A MT City Clerk February 11,2016 RE: Notice of passage of resolution of intent to create the Special Improvement District 732, notice of right to protest, and notice of public hearing on Monday,March 7,2016 Dear Property Owner: Special Improvement District 732 i On Monday, March 7, 2016 at 6:00 pm in the Commission Room at Bozeman City Hall, the Bozeman City Commission will hold a public hearing to consider written protests to ' the formation of the Special Improvement District 732 to fund improvements to North Wallace Avenue from Lamme Street to L Street. You are being mailed this letter and the accompanying forms because you are considered an owner of real property within the proposed district. At a public hearing on February 8,2016,the Bozeman City Commission adopted Resolution 4664,a resolution of intent to create Special Improvement District 732 (the "District").Attached to this letter you will find a copy of the notice of passage of G Resolution 4664.The 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: 1 want to button, view document center, Commission Documents, Resolutions,2015 Resolutions, and by clicking on Resolution No.4664. The District, if created,will comprise the area shown on Exhibit A of Resolution 4664 and will be for the purpose of constructing improvements to Wallace Street between Lamme and L streets. ' i r If created, the costs of the District will be assessed bi-annually to all owners of real property within the District based upon the amount of frontage of each lot or parcel, a expressed in linear feet. I Owners of property have 15 days from February 14, 2016 to make a written protest against the creation of the District. Attached you will find a protest form owners of real j property may use to support or protest the creation of the District. Instructions are i provided on the form. t i a TDD: 406-582-2301 THE MOST LIVABLE PLACE. i OZ E MAN MT City Clerk On March 7, 2016, the City Commission will conduct a public hearing at 6:00 pm in the Commission Room at Bozeman City Hall, 121 North Rouse Ave., Bozeman, MT to consider a resolution to create the District. Please see the attached Notice. During this public hearing the City Commission will accept public comment and consider all valid written protests submitted prior to the established deadline of 5:00pm on Wednesday, March 2, 2016. For more information on the creation of the District please contact the City Engineer Rick Hixson at 582-2284. Sincerel , Sta .y U3meh r Bozeman-City Clerk Enc. Notice of Passage of Resolution 4664 Protest Forms I I I i€ a� ii • ® to 1 � i. •� • i : e � I g I w s TDD: 406-582-2301 THE MOST LIVABLE PLACE. I� Exhibits E I 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 8, 2016 the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), adopted Resolution 4664, 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 between 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 No. 4664 (the"Resolution") is on file with the Bozeman City Clerk. The Resolution 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. The Resolution and accompanying exhibits may be also viewed on the City's g 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; however, the City has committed $1,819,850 from the City's Street Maintenance District to reduce the costs to the District, leaving $321,150 of the costs of the Improvements, to be funded by the District(hereafter referred to as the District's Share of the Improvements). It is the intention of the City 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, 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. 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 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 l i� �I :k l Exhibits E 1.5% annually. On Monday, March 7t", 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 regarding adoption of a resolution creating the District 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 an 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 Cleric at the City Hall, 121 North Rouse Avenue, Suite 202, Bozeman, Montana not later than 5:00 p.m.,M.T.,on Wednesday,March 2,2016. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Engineer, PO Box 1231, Bozeman, Montana, 59771 or by telephone at (406) 582-2280. Dated: February 11,2016 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA LJ H . Stay. Tii en, C: C Ci d1ork ,.s Legal Ad Publication Dates: Sunday February 14th& Sunday February 20,2016 C i k 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. 732 (financing local improvements to North Wallace Avenue between Lamme Street and L Street). SPECIAL IMPROVEMENT_DISTRICT (SID) CREATION AND PROTEST I 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 j The protest period for the creation of Special Improvement District No. 732 begins February 15, 2016 and ends at 5 p.m. on Wednesday, March 2, 2016. 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; I • Identify the property in the district owned by the protestor; and • Be submitted in writing to the Bozeman City Clerk no later than March 2, 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 j 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 I 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.gailatin.mt.gov. 'r You are not required to return the form if you support creation of the SID. j 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. i 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. f € i s I i i I City of Bozeman Special Improvement District Creation i Protest/Support Form PART 1 - Property owned by individuals, please complete this section. Property address or legal description: 6 F I I I/We the undersigned owner(s) of property described above want to: (check one) _Protest _Support the creation of Special Improvement District No. 732 proposed to be established for the purpose of financing local improvements to North Wallace Avenue between Lamme Street and L Street. ) Signature: Printed Name: Date: Signature: Printed Name: Date: f Signature: Printed Name: Date: Signature: Printed Name: Date: f j. 3 i I FOR CITY CLERK'S OFFICE USE ONLY Protest/Support Form received by City Clerk on / /2014 at AM/PM. J. I! i fl a i i PART 2 - Property owned by corporations, LLC, trusts or other organizations please complete this section. F Entity/Owner Name: Property address or legal description: /We the undersigned as legally authorized representative(s) of the organization that owns the above listed property want to (check one) _Protest _Support f the creation of Special Improvement District No. 732 proposed to be established for the purpose of financing local improvements to North Wallace Avenue between Lamme Street and L Street. Signature: Printed Name: Title: Date: f Signature: Printed Name: Title: Date: I� k A I Signature: Printed Name: Title: Date: I �I �I Signature: Printed Name: Title: Date: F i i FOR CITY CLERK'S OFFICE USE ONLY Protest/Support Form received by City Clerk on 2014 at AM/PM ) ; I� PART 3 - Property owned as a condominium. i 4 j I A special note for condominium owners: An owner of property created as a condominium may protest the creation of the district only through the president,vice president,secretary,or treasurer of the condominium owners'association who timely presents to the City Clerk the following information: (a) a written identification of the condominium property (b) the condominium declaration or other condominium document that shows how votes of unit owners in the condominium are calculated; (attach the declaration to this form) (c) 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 (d) 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 creation of the district and its improvements. 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 protest of the creation of Special Improvement District No. 732 in the City of Bozeman for improvements to North Wallace Avenue between Lamme and L streets. Condo owner Printed Name: Property address: (Check one) Date: signatu re: Protest _Support Condo owner Printed Name: Property address: (Check one) Date: signature: Protest _Support Condo owner Printed Name: Property address: (Check one) Date: signature: _Protest _Support 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 i (check one) _ Protest _ Support the creation of Special Improvement District No. 732. Signature of condo officer: Title: j FOR CITY CLERK'S OFFICE USE ONLY Received by City Clerk on �_____/2015 at AM/PM.