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05. Resolution 4222 - Intent to Create SID 342RESOLUTION NO. 4222 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 342; DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. BE IT RESOLVED by the City Council of the City of Kalispell (the "City"), Montana, as follows: SECTION I. PROPOSED IMPROVEMENTS; INTENTION TO CREATE DISTRICT The City proposes to undertake certain local improvements (the "Improvements") to benefit certain property located in the City. The Improvements consist of installation of storm sewer system, water mains, street lights, curb and gutter and paved road, as more particularly described in Section V. The total estimated construction costs of the improvements are $209,000.00 . The cost of the Improvements are to be paid from the following sources: (1) Special Improvement District bonds hereinafter described. It is the intention of this Council to create and establish in the City under the Title 7, Chapter 12, Parts 41 and 42, Montana Code Annotated, 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 the costs associated with the sale and the security of special improvement district bonds drawn on the District (the "Bond"), 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 costs of the Improvements, including such incidental costs to be financed by the Bonds are $209,000.00. The Bonds are to be payable primarily 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 $209,000.00. SECTION II. NUMBER OF DISTRICT The District, if the same shall be created and RESOLUTION OF INTENTION SID #342 2 established, shall be known and designated as Special Improvement District No. 342 of the City of Kalispell, Montana. SECTION III. BOUNDARIES OF DISTRICT The limits and boundaries of the District are depicted on a map attached as Exhibit uA°, attached hereto and thereby made a part hereof, which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties of the District is shown on Exhibit OB°, attached hereto, which is hereby incorporated herein and made a part hereof. SECTION IV. BENEFITTED PROPERTY The District and territory included within the limits and boundaries described in Section III and as shown on Exhibits A and B are hereby declared to be the special improvement district and the territory which will benefit and be benefitted by the Improvements and will be assessed for a portion of the costs of the Improvements as described in Section I. It is the intention of the Council to charge the expenses of the work improvements to lots not fronting on the Improvements, as well as lots abutting the Improvements, because the lots not fronting on the Improvement are benefitted by the Improvements and the installation of the Improvements are more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefitted by the Improvement. SECTION V. GENERAL CHARACTER OF THE IMPROVEMENTS The general character of the Improvements is to build a storm sewer system, water mains, street lights, curb and gutter and paved road, on Corporate Drive. SECTION VI. ENGINEER AND ESTIMATED COST The shall be the engineer for the District. The Engineer has estimated the costs of the Improvements, including incidental costs to be $ 180,000.00 . SECTION VII. ASSESSMENT METHOD All properties in the District are to be assessed for a portion of the costs of the Improvements, as specified herein. The costs of the Improvements shall be RESOLUTION OF INTENTION SID #342 3 assessed against the property in the District benefitting from the Improvements, based on the following: A) The District's cost of constructing and installing the storm sewer system, water mains, street lights, curb and gutter and paved road, on Corporate Drive shall be assessed by determining the lots fronting upon the Improvements and assessing each lot as its frontage bears to its proportion of the whole cost of the Improvements. B) The total lineal footage of the lots, tracts or parcels bordering or abutting such Improvement and to be so assessed is feet. The assessment for each lot, tract or parcel of land for the Improvements is shown on Exhibit "B", attached hereto. SECTION VIII. ASSESSMENT METHODOLOGIES EQUITABLE AND CONSISTENT WITH BENEFIT This Council hereby determines that the method of assessment and the assessment of the costs of the specific Improvements against the properties benefitted thereby as prescribed in Section VII are equitable and in proportion to and not exceeding the special benefits derived from the respective Improvements by the lots, tracts and parcels to be assessed therefore in the District. SECTION IX. PAYMENT OF ASSESSMENTS The special assessment for the costs of the Improvements shall be payable over a term not exceeding 10 years, each in equal semiannual installments of principal, plus interest, or equal semiannual payments of principal and interest, as this Council shall prescribe in the resolution authorizing the issuance of the Bonds. Property owners have the right to prepay assessment as provided by law. SECTION X. METHODS OF FINANCING; PLEDGE OF REVOLVING FUND; FINDINGS AND DETERMINATIONS The City will issue the Bonds in an aggregate principal amount not to exceed $209,000.00 in order to finance the costs of the Improvements. Principal of and interest on the Bonds will be paid from special assessments levied against the property in the District and such payments will be secured by the Reserve RESOLUTION OF INTENTION SID #342 4 Account. 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 undertaking and agreements authorized in S 7-12-4225, MCA with respect to 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. The estimated market value of the lots, parcels or tracts in the District as of the date of adoption of this resolution, as estimated by the Flathead County Assessor for property tax purposes, is set forth in Exhibit "B". The property within the proposed District is zone General Business, B-2 West of Corporate Drive and Community Business, B-3 East of Corporate Drive, allowing a variety of business operations, including out -door displays and storage of merchandise in the B-2. The City of Kalispell, Public Works Department estimates that every lot, parcel or tract of land within the proposed District would increase in value significantly after the Improvements have been completed. The special assessments to be levied under Section VII 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. The 7 lots, parcels or tracts of land within the District have 4 different owners. The developed lots are primarily developed as multi -purpose business operations and 4 lots are undeveloped and vacant. C) Comparison of Special Assessments and Property Taxes and Market Value. The proposed Improvements and incidental expenses will require $209,000.00. There are no outstanding special assessments or industrial development revenue bonds on property within the District. According to the Flathead County Treasurer's office total unpaid and RESOLUTION OF INTENTION SID #342 5 delinquent taxes on in Exhibit "B" the property is $ delinquencies are _ The District if created the market value of the D) Delinquencies As shown market value of the . Current ,of the market value. will be of property. Delinquencies on the property are of the market value of the property in the proposed District. Currently, the City's General Fund Levy shows a delinquency rate of 2%. The City has currently total outstanding SID and Sidewalk and Curb bonds in the amount of $ Total delinquencies on the bonds equals $2,859 or about 2%. The City has currently $32,962.00 in the SID Revolving Fund or about 22% of the outstanding debt owed from SID's and Sidewalk and Curb bonds. E) The Public Benefit of the Improvements The property included within the District comprises a significant area within the City limits of Kalispell not served by City water. The area cannot be developed for any purpose without the installation of a water system, streets, curb and gutter street lights. All property within the District is either within the boundaries of the City or will be in the City prior to assessment for the Improvements. SECTION X. PUBLIC HEARING• PROTEST At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expenses of making the Improvements may make and file with the City Clerk of Council until 5:00 P.M., M.D.T., on the expiration date of said 15-day period ( )written protest against the proposed Improvements, or against the extension or creation of the District or both, and this Council 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 RESOLUTION OF INTENTION SID #342 6 hear all such protests regular meeting will be 7:00 P.M. M.D.T. in the Kalispell, Montana. so made and held on _ City Hall, filed; which said , at 312 lst Avenue East, SECTION XI. NOTICE OF PASSAGE OF RESOLUTION OF INTENTION The City Clerk of Council 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 County on and , 1995, 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 or such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last -known address, on or before the same day such notice is first published. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA THIS DAY OF JULY, 1995. Attest: City Clerk of Council RESOLUTION OF INTENTION SID #342 7 Douglas D. Rauthe - Mayor v w v v v can Ul 6 6 6 6 �! J O N 00 a, � i4+ W [ W� V-i V O 00 N t r% > > > g N N A a R. rL R N N �y 00 00 t�Ip� G y G v� G twt�o N N go R RID R. W W w w fM o !•M !r M O N t0 N J O, N �l O i 0 c c W O 0D 0 • 0 i 69 69 69 69 6�9 6R b9 49 O O w 00 000 O oo A W O 00 O W N �1 00 00 W W to a, O N O O w -1 to 4: 00 O aa� Ln mm�r�Mm ro ro� m� ro ro H `s1 O d En roro-�c�rororo ONO O O O O C O iG >C 'r" G 0 X 0 X 0 Y. O C\ CS N 000 C\ C% 00 Do 00 00 00 f9 V! r M M RRR777 o- H Er in y• �' p• in• H w 0 J obo w � O� O � � 69 6R 6R In 69 V�i 69 64s \.0 N — 00 wO 00 O 00 O 0 0 R n a I June 13, 1995 Bruce Williams City Manager Kalispell, MT 59901 Re: Propose SID for the Design and Construction of Corporate Drive Dear Mr. Williams: I would respectfully request a meeting with the Council during their next work sessions to discuss the above proposal. I am interested in developing approximately thirty acres ` of property which would be served by Corporate Drive. All the property is already in the City and zoned. This proposal would include a 12" water main extension to the new fifty-four lot Greenbriar Sub -division. I have the proposed engineered plans in hand. Thank you for your consideration. Sincerely, Ronnie Pack P_db- 1tnY 2101—1Fnlesnnll_ M'r M114Mn•i_91nA i6.... _ !A!!L+\ 7Cn +r'ror .. ...\.v .,. \\,. ,....\n...v:\vw:iii: �::}{y Yvv{i �45.v,:>;::.�\!.. "\"� <'\:i;Lii•:;:}\: •..\\..{.. \.v '....w\..'A'\ . 4 .v .:]'r'ii: �: ii'r:•:vi i:•'rii �: .. :tin>L:ySi ;:::' u'{{�:?: }:.:: �'... u .::..:•:ip'r:{::::::}::: •:: •• "iCv;..+. + ..::•X{.� i�?:�1+••:-:::::.v: �{\2Cti:::v;i•: �::: •:i}}•. �.. :...: .. :.:: { \. v\, u v•.\'i??i;.�L: 4, ��. +...v .v.. ... ::;.•.: .;.}.:•}: }::: {l .......... '?::?}\ •\• '1\.:}?i....4..:v+}.4.. ..\ :.:.\.... .�.v +}:4v. v..vvX v�v\. v \\ 4�}viijZ•.;. 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J{n}:n+'•:'Su .}:4.{. ..\:;�{•,,};:•.tik:Lv :v :{\i WATER RELATED COSTS MANHOLE ADJUSTMENT EACH $200.00 4 $800 4" SEWER SERVICE LF $16.00 150 $2,400 CURB INLETS EACH $700.00 4 $2,800 STORM DRAIN INLET MANHOLES EACH $1,700.00 4 $6,800 12" STORM DRAIN PIPE LF $16.50 1,193 $19,685 12" WATER MAIN LF $24.00 345 $8,280 8" WATER MAIN LF $20.50 70 $1,435 6" WATER MAIN LF $17.00 12 $204 12" GATE VALVBE AND BOX EACH $950.00 1 $950 8" GATE VALVE AND BOX EACH $750.00 2 $1,500 2" WATER SERVICES EACH $900.00 2 $1,800 STREET LIGHTS EACH $1,300.00 7 $9,100 MISC FITTINGS EACH $225.00 9 $2,025 CURB AND GUTTER LF $8.50 2,528 $21,488 3" MINUS PIT RUN Cy $9.50 2,722 $25,859 3/4" CUSHION SF $0.23 44,100 $10,143 4" ASPHALT f2 LIFTS SF $0.70 44,100 $30,870 ENGINEERING DESIGN 8.00% $11,691.08 1.0000 $11,691 CONSTRUCTION ENGINERING 4.00% $5,845.54 1.0000 $5,846 CONTINGENCY 1 0.00%L $16,367,51 1.0000 $16,368 OTAL $180 042.63 A 001,1100V wosult) UAJ S aj AdId ifoz Y.,, ti/i dNfl0J o 0 A1.3 9 j "I JAIUO kVM3-IJJV 60 19 1,46EI -W I J, I Al A A -AOL OS169i U-j 9801-8-- et s3uov 9GOI =U S383V vuo'i 4A 6 .3 zi, I 14 " If SAPOV Set -vcn ,� Y �<,j •�ti �� i I O - 0 iA,,W.Zlo6G -N Jov OZL* 03=1 13103LUC=1 I 1)0 I