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3. Resolution 5565 - Resolution of Intent & Call for Public Hearing to Create SID #345 - Willows Stormwater ImprovementsCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, NIT 59903-1997 TO: Mayor Tammi Fisher and Kalispell City Council FROM: Charles Harball, Interim City Manager Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Resolution No. 5565 — A Resolution of Intent to Create a Special Improvement District for the Purposes of Providing Storm Water Improvements to the Willows Subdivision. MEETING DATE: June 18, 2012 — Regular Council Meeting BACKGROUND: Resolution No. 5565 is a resolution of intent to create a special improvement district for the purposes of providing storm water improvements to the Willows Subdivision and calling for a public hearing. Several months ago the city was approached by homeowners in the Willows subdivision looking for solutions to the inadequate storm water system in their subdivision. This subdivision was approved and built in the late 90's. The storm water system design did not meet city standards at the time so the developer agreed that the homeowners association would retain ownership and responsibility for that system. Now, after experiencing ten years of inadequate storm water drainage the owners seek to improve the system through a project financed through the SRF funding of the DNRC and paid for and secured through a special improvement district. The city would take ownership of the system once it has been improved to city standards. The homeowners polled their community and have preliminarily agreed, based upon the currently available figures and with greater than 70% approval, to seek the establishment of an SID. RECOMMENDATION: City Council give consideration to and pass Resolution No. 5565. FISCAL IMPACTS: The fiscal impacts are as stated in the resolution. Respectfully submitted, Charles Harta11, Interim City Manager ItONDS SECURED BY THE CITY'S SPECIAL IMIPROVEMIENT DISTRICT IkEVOLVING FUND. BE IT RESOLVED by the City Council (the "Council") of the City of Kalispell (the "City"), Montana, as follows: Section 1. Proposed Improvements, Intention To Create District. The City proposes to undertake certain local storm water improvements (the "Improvements") to benefit certain property located in the City, as more particularly described in Section 5. The total estimated costs of the Improvements and all associated costs are approximately $392,556. Costs of the Improvements and associated costs are to be paid from the special improvement district bonds hereinafter described. It is the intention of this Council 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 a portion of the costs of the Improvements and paying costs incidental thereto, including costs associated with the sale and the security of special improvement district bonds drawn on the District (the "Bonds"), the creation and administration of the District, the funding of a deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund") and the establishment of a reserve account securing the Bonds in the District fund (the "Reserve Account"). The total estimated cost of the Improvements, including such incidental costs, to be financed by the Bonds is $392,556. The Bonds are to be payable primarily from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements, in an amount not less than $392,556. 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. 345 of the City of Kalispell, 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), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District and those that are subject to assessment is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4. Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A and described on Exhibit B are hereby declared to be the special improvement district and the territory which will benefit and be benefited by the Improvements. The properties to be assessed for the costs of the Improvements are shown on Exhibit B. Such properties included within said limits and boundaries are hereby declared to be the property benefited by the Improvements. Section 5. General Character of the Improvements. The general character of the Improvements is improvements to the storm water detention facility of the District (the "Facility") to bring the Facility up to City standards, including design, construction and installation of a diversion structure and improvements to the detention pond, pond outlet structure, and the outlet pipe of the Facility. Section 6. Engineer and Estimated Cost. The City has retained Morrison-Maierle, Inc., of Kalispell, Montana, to prepare the plans and specifications regarding the Improvements and to facilitate in the creation of the District, including estimating the cost of the Improvements to be assessed against the properties in the District, along with all incidental costs to be assessed against the District. Such costs are estimated to be $392,566 as shown on Exhibit C. Section 7. Assessment Methods. 7.1. Method, Property To Be Assessed. Each lot, tract, or parcel of land in the District will be assessed an equal amount based upon the total cost of the Improvements and costs incidental thereto, which is estimated to be $392,556. By dividing this estimated cost equally among all properties in the District, the assessment per lot, tract or parcel is estimated to be $4,512.14. If an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the District during the term of the Bonds, the Council will recalculate the amount assessable to each lot, tract or parcel. The recalculation will be based on the amount of the District's outstanding principal of and interest on the Bonds for the current fiscal year and the City will spread the assessments across the District based on the number of benefited lots, tracts, or parcels within the boundaries of the District as of the July 1 following the action that resulted in the increase in the number of benefited lots, tracts, or parcels, all as provided in Section 7-12- 4162(3)(b), M.C.A. In doing so, the Council will comply with Sections 7-12-4176 through 7-12- 4178, M.C.A. From and after creation of the District, the lien of the special assessments to pay or finance the costs of the Improvements and incidental costs is not extinguished or diminished by the combination or consolidation of multiple lots into fewer lots, accordingly, the area consisting of the combined or consolidated lot or lots will be assessed in an amount equal to the amount it would have been assessed had the combination or consolidation of lots not occurred. 7.2. Assessment Methodologies Equitable and Consistent with Benefit. This Council hereby determines that the methods of assessment and the assessment of costs of the specific Improvements against the properties benefited thereby as prescribed in Section 7.1 are equitable and in proportion to and not exceeding the special benefits derived from and the burdens placed upon the Improvements by the lots, tracts and parcels to be assessed therefor within the District. Section 8. Method of Financing, Payment of Assessments for Repayment of Bonds. The City will issue the Bonds in an aggregate principal amount not to exceed $392,556 to finance the costs of the Improvements, including costs incidental thereto. Principal of and interest on the Bonds will be paid from special assessments levied against the property in the District and such payment will be secured, in part, by the Reserve Account. The special assessments for the costs of the Improvements benefiting the District and costs incidental thereto shall be payable over a term not exceeding 20 years, each in equal semiannual installments of principal, plus interest as allowed by law, or equal semiannual payments of principal and interest as allowed by law, as this Council shall prescribe in the resolution authorizing the issuance of the Bonds. Property owners have the right to prepay assessments as provided by law. The estimated total principal amount of special assessments for undertaking the Improvements against each property in the District is estimated to be $4,512.14. In the event the District is created and the Bonds are issued, the special assessments levied against property in the District will be stated as semiannual installments of principal and interest. Section 9. Method of Financing Pledge of Revolving Fund; Findings and Determinations. The City will issue the Bonds in an aggregate principal amount not to exceed $392,556 to finance the costs of the Improvements and incidental costs. Principal of and interest on the Bonds will be paid from special assessments levied against certain property in the District. This Council further finds it is in the public interest, and in the best interest of the City and the District, to secure payment of principal of and interest on the Bonds by the Revolving Fund and hereby authorizes the City to enter into the undertakings and agreements authorized in Section 7- 12-4225 in respect of the Bonds. In determining to authorize such undertakings and agreements, this Council has taken into consideration the following factors: (a) Estimated Market Value of Parcels. All of the parcels in the District are developed except for one. The estimated market value of the lots, parcels or tracts in the District as of the date of adoption of this resolution ranges from $59,000 to $257,900. The special assessments to be levied under Section 7 against each applicable 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 87 parcels of land in the District to be assessed for the Improvements, all of which are under individual ownership. (c) Comparison of Special Assessments and Property Taxes and Market Value. The assessed value of each applicable parcel is greater than the amount of the assessment to be levied against it. (d) Delinquencies. Information showing tax delinquency information for properties within the District as of June 11, 2012 is shown in Exhibit B. Two of the 87 lots have tax delinquencies as of June 11, 2012. (e) The Public Benefit of the Improvements. The installation of the Improvements is a benefit to the property owners in the District, but is also a general benefit to the residents of the City as a whole in that the drainage on public streets will be improved. (f) Reserve Account. The City plans to establish a reserve in the amount of 5% of the principal amount of the Bonds in the Reserve Account in the District fund. This reserve will be utilized to fund any debt service deficiencies related to this District before resorting to the Revolving Fund. Section 10. Public Hearing; Protests. At any time within fifteen (15) (plus two days if a holiday falls within the 15-day period) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and only those subject to assessment for the cost and expense of making the Improvements may make and file with the City Clerk's office until 5:00 p.m., M.T., on the expiration date of the 17-day period (July 9, 2012), written protest against the proposed Improvements, or against the extension or 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 protest must be delivered to the City Clerk's office, who shall endorse thereon the date of its receipt by the City Clerk. This Council will at its next regular meeting after the expiration of the seventeen (17) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which regular meeting will be held on the 16th day of July, 2012, at 7:00 p.m., in the City Hall Council Chambers, at 201 lst Avenue E., in Kalispell, 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 in the Daily Inter -Lake, a newspaper of general circulation in the City, on June 22 and June 29, 2012, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, City, and school district taxes, at his last -known address, on or before the same day such notice is first published. Section 12. Reimbursement Expenditures. 12.1. Regulations. The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 12.2. Prior Expenditures. Other than (1) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iii) expenditures in a "de minimus" amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Improvements have been paid by the City before the date 60 days before the date of adoption of this resolution. 12.3. Declaration of Intent. The City reasonably expects to reimburse the expenditures made for costs of the Improvements out of the proceeds of Bonds in an estimated maximum aggregate principal amount of $392,556 after the date of payment of all or a portion of the costs of the Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Regulations. 12.4. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Improvements, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 12.5. Reimbursement Allocations. The City Clerk shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Improvements. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Improvements and shall specifically identify the actual original expenditure being reimbursed. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 18TH DAY OF JUNE, 2012. ATTEST: Theresa White City Clerk Tammi Fisher Mayor EXHIBIT A A-1 EXHIBIT B ... O O O O O 0 S O 0 00 O 0 0 0 0 0 0 0 0 0 0 0 0 Oo 0 O 0 0 O O 0 S O 0 0 0 0 0 p 0 0 Op o D 00 O O S O p p O O O D 0 0 O 0 8 D O 0 0 © 0 0 0 0 0 0 0 O S 0 00 0 0 0 0 0 0 0 0 0 0 0 0 - .'". C n E _ o o N go.; a" .... 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