Full Text
1 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Missoula, Montana (the “City”), hereby certify that the attached resolution is a true copy of a Resolution entitled: “RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 546, commonly known as PATTEE CREEK DRIVE TRAFFIC CALMING; 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” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City at a meeting on June 8, 2009, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Council Members voted in favor thereof: Childers, Haines, Hellegaard, Hendrickson, Jaffe, Marler, Mitchell, Rye, Strohmaier, Walzer, Wiener and Wilkins; voted against the same: none; abstained from voting thereon: none ; or were absent: none. WITNESS my hand officially this 8th day of June, 2009. Martha L. Rehbein City Clerk ---PAGE BREAK--- 2 RESOLUTION NUMBER 7426 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 546, COMMONLY KNOWN AS PATTEE CREEK DRIVE TRAFFIC CALMING; 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 Missoula (the “City”), Montana, as follows: Section 1. 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 planning, designing, constructing and installing speed cushions at four locations on Pattee Creek Drive in Missoula, Montana, along with signing, striping and construction traffic control and protection of survey monuments and related improvements in that area of Missoula, as more particularly described in Section 5. 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, and the funding of a deposit to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”). The total estimated costs of the Improvements are $23,245, of which approximately $15,500 will be funded by Special Improvement District Bonds in an amount no greater than $15,500. The Bonds are to be payable 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 $23,245. The City will provide financial assistance to defray a portion of the cost to the District in an estimated amount of $7,745 as described in Section 6. 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. 546 of the City of Missoula, 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 is shown on Exhibit B 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 Exhibits A and B are hereby declared to be the special improvement district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Council, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5. General Character of the Improvements. The general character of the Improvements which are to be made and assessed by Special Improvement District No. 546 consists of planning, designing, constructing and installing speed cushions at four locations on Pattee Creek Drive, along with signing, striping, construction traffic control, adjusting utilities, survey monument preservation and related improvements. Section 6. Engineer and Estimated Cost. The City Engineer shall be the engineer for the District. The Engineer has estimated that the cost of the Improvements, including all incidental costs, is $23,245, of which $15,500 will be funded by Special Improvement District Bonds in an amount no greater than ---PAGE BREAK--- 3 $15,500. The City will contribute an estimated amount of $7,745 to subsidize the Special Improvement District in order to enhance traffic safety. Section 7. Assessment Method. 7.1. Property To Be Assessed. All properties within 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 assessed against the property in the District benefiting from the Improvements, based on the equal amount method of assessment described in Sections 7-12-4162, M.C.A., as particularly applied and set forth in this Section. 7.2. Equal Amount Option. All properties in the District will be assessed for their proportionate share of the costs of the Improvements. The total estimated cost of the Improvements to be assessed is $15,500 and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs of the Improvements which is an equal amount based upon the number of lots, tracts, or parcels of land in the District. Each lot included within the District is to be assessed a total principal amount of $310. 7.3. Assessment Methodology Equitable and Consistent with Benefit. This Council hereby determines that the method of assessment and the assessment of costs of the Improvements against the properties benefited thereby as prescribed in this Section 7 are equitable and in proportion to and not exceeding the special benefits derived from the Improvements by the lots, tracts and parcels to be assessed therefor within the District. Section 8. Payment of Assessments. The special assessments 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 assessments as provided by law. 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 $15,500 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. 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, M.C.A., in respect of the Bonds. In determining to authorize such undertakings and agreements, this Council has taken into consideration the following factors: Estimated Market Value of Parcels. The District encompasses the Pattee Creek Drive neighborhood of the City, which has completely developed streets in the City with substantially all homes in the District having a market value greater than $180,000. In the judgment of the City and based on the current market values of the properties for property tax purposes, the special assessments to be levied under Section 7 against each lot, parcel or tract in the District is estimated to be less than the increase in estimated market value of the lot, parcel or tract as a result of the construction of the Improvements. Diversity of Property Ownership. Substantially all of the properties in the District are owned by different individuals. Comparison of Special Assessments and Property Taxes and Market Value. There are no special assessments outstanding against parcels in the District. Delinquencies. Based on a sampling of the records of the County Assessor relating to properties in the District, delinquencies in payment of outstanding special assessments or ---PAGE BREAK--- 4 property taxes for those properties to be included in the District do not exceed the level that is customary for properties in the City and County. The Public Benefit of the Improvements. Significant numbers of property owners in the District have requested the installation of the Improvements to enhance the safety of traffic passing through this residential neighborhood, which will enhance the health and safety of the residents of the District. Section 10. Reimbursement Expenditures. 10.01. 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 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. 10.02. Prior Expenditures. Other than 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. 10.03. 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 $15,500 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. 10.04. 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. 10.05. Reimbursement Allocations. The City’s financial officer 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. Section 11. Public Hearing; Protests. 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 expense of making the Improvements may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (June 29, 2009) 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 hear ---PAGE BREAK--- 5 all such protests so made and filed; which said regular meeting will be held on Monday the 6th of July, 2009, at 7:00 p.m. of said day at the City Council Chambers, 140 W. Pine Street, in the City of Missoula, Montana. Section 12. 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 Missoulian, a newspaper of general circulation in the county on June 14 and June 21, 2009 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, county, and school district taxes, at his or her 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 Missoula, Montana, this 8th day of June, 2009. John Engen John Engen Mayor Attest: Martha L. Rehbein Martha L. Rehbein City Clerk ---PAGE BREAK--- Proposed Speed Cushion DIXON AVE AGNES AVE PATTEE CREEK DR BANCROFT ST SW HIGGINS AVE HOLLIS ST SENTINEL ST QUEEN ST PARK ST KING ST LESTER ST NORTHVIEW DR S HIGGINS AVE ELM PARK DR THAMES ST SALISH CT PARK ST PARK ST QUEEN ST I SID - 546 Pattee Creek Drive Traffic Calming Prepared By GIS?Mapping Section, Engineering Division, Public Works Department Exhibit A ---PAGE BREAK--- Exhibit B GEOCODE TAX ID OWNER MAILING ADDRESS CITY STATE ZIP CODE PROPERTY ADDRESS 220033108070000 [PHONE REDACTED] FLAIG BENJAMIN F & VERNA B 104 PATTEE CREEK DR MISSOULA MT 59801-8737 104 PATTEE CREEK DR 220033108060000 [PHONE REDACTED] WHITE BERNICE H 108 PATTEE CREEK DR MISSOULA MT 59801-8737 108 PATTEE CREEK DR 220033108050000 [PHONE REDACTED] ANDUAGA RICHARD 112 PATTEE CREEK DR MISSOULA MT 59801-8737 112 PATTEE CREEK DR 220033108040000 [PHONE REDACTED] HARPER-WHALEN SUSAN M 116 PATTEE CREEK DR MISSOULA MT 59801-8737 116 PATTEE CREEK DR 220033421160000 [PHONE REDACTED] SCHRUMPF PHILIP K 117 PATTEE CREEK DR MISSOULA MT 59801-8736 117 PATTEE CREEK DR 220033108030000 [PHONE REDACTED] JOHNSON CRAIG ALLEN 120 PATTEE CREEK DR MISSOULA MT 59801-8737 120 PATTEE CREEK DR 220033108020000 [PHONE REDACTED] WILSON SETH 130 PATTEE CREEK DR MISSOULA MT 59801-8737 130 PATTEE CREEK DR 220033421150000 [PHONE REDACTED] WHITSELL FREDERICK L 1720 BROOKS ST STE 4 MISSOULA MT 59801-5775 135 PATTEE CREEK DR 220033421120000 [PHONE REDACTED] CALIMAN DENNIS 145 PATTEE CREEK DR MISSOULA MT 59801-8736 145 PATTEE CREEK DR 220033421110000 [PHONE REDACTED] WILKERSON MICHAEL L 153 PATTEE CREEK DR MISSOULA MT 59801-8736 153 PATTEE CREEK DR 220033421100000 [PHONE REDACTED] OLSON DOUGLAS 201 PATTEE CREEK DR MISSOULA MT 59801-8734 201 PATTEE CREEK DR 220033421090000 [PHONE REDACTED] DATSOPOULOS JOHN 207 PATTEE CREEK DR MISSOULA MT 59801-8734 207 PATTEE CREEK DR 220033107050000 [PHONE REDACTED] VINING ALBERT LESTER & 208 PATTEE CREEK DR MISSOULA MT 59801-8735 208 PATTEE CREEK DR 220033421080000 [PHONE REDACTED] BYRD ALICIA 213 PATTEE CREEK DR MISSOULA MT 59801-8734 213 PATTEE CREEK DR 220033421070000 [PHONE REDACTED] MCGEARY MARTIN & THERESA 219 PATTEE CREEK DR MISSOULA MT 59801-8734 219 PATTEE CREEK DR 220033107040000 [PHONE REDACTED] RAAP HAROLD W & LUELLA A TRUST 220 PATTEE CREEK DR MISSOULA MT 59801-8735 220 PATTEE CREEK DR 220033107030000 [PHONE REDACTED] MACDONALD SPENCER T 224 PATTEE CREEK DR MISSOULA MT 59801-8735 224 PATTEE CREEK DR 220033421060000 [PHONE REDACTED] BITZ RICHARD R & VICKI R 225 PATTEE CREEK DR MISSOULA MT 59801-8734 225 PATTEE CREEK DR 220033421050000 [PHONE REDACTED] MOUNTAIN WEST ENTRUST IRA FBO 10096 W FAIRVIEW AVE STE 160 BOISE ID 83704-5004 231 PATTEE CREEK DR 220033421040000 [PHONE REDACTED] WALLIS FRANK M & MARY J 237 PATTEE CREEK DR MISSOULA MT 59801-8734 237 PATTEE CREEK DR 220033421030000 [PHONE REDACTED] HARKINS HARRY J & GRACE M 243 PATTEE CREEK DR MISSOULA MT 59801-8734 243 PATTEE CREEK DR 220033107020000 [PHONE REDACTED] MCCORMICK PATRICK J 244 PATTEE CREEK DR MISSOULA MT 59801-8735 244 PATTEE CREEK DR 220033103010000 [PHONE REDACTED] DANIELS RICHARD T JR & JUDITH 3029 QUEEN ST MISSOULA MT 59801-8650 3029 QUEEN ST 220033102160000 [PHONE REDACTED] IKEDA ELIZABETH RAE 3036 QUEEN ST MISSOULA MT 59801-8651 3036 QUEEN ST 220033105050000 [PHONE REDACTED] PAYNE R F JR & A IRENE 3109 PARK ST MISSOULA MT 59801-8758 3109 PARK ST 220033106010000 [PHONE REDACTED] NOBLITT FLORENCE D & GRANT M 3112 PARK ST MISSOULA MT 59801-8757 3112 PARK ST 220033108010000 [PHONE REDACTED] MCCORMICK JOHN T 3120 LESTER ST MISSOULA MT 59801-8708 3120 LESTER ST 220033107010000 [PHONE REDACTED] SYVRUD ERIC R & DANA S 3130 ELMS PARK DR MISSOULA MT 59801-8719 3130 ELM PARK DR 220033428070000 [PHONE REDACTED] LARRY K ISRAEL & CAROLINE J IS 3201 HOLLIS ST MISSOULA MT 59801-8615 3201 HOLLIS ST 220033425040000 [PHONE REDACTED] LECAIN ROBERT E & MARY HELEN 3201 PARK ST MISSOULA MT 59801-8760 3201 PARK ST 220033425080000 [PHONE REDACTED] GRAHAM PATRICE 3202 HOLLIS ST MISSOULA MT 59801-8616 3202 HOLLIS ST 220033421020000 [PHONE REDACTED] CATLIN PAUL M 3216 PARK ST MISSOULA MT 59801-8759 3216 PARK ST 220033425050000 [PHONE REDACTED] MATRANGA G MICHAEL 407 PATTEE CREEK DRIVE MISSOULA MT 59801-9801 407 PATTEE CREEK DRIVE 220033105040000 [PHONE REDACTED] MALLICK RICHARD K & JANET C 408 PATTEE CREEK DR MISSOULA MT 59801-8664 408 PATTEE CREEK DR 220033105030000 [PHONE REDACTED] WILLIAMS JASON B & 412 PATTEE CREEK DR MISSOULA MT 59801-8664 412 PATTEE CREEK DR 220033425060000 [PHONE REDACTED] KHOMENKO BERNARD V & DANESA R 415 PATTEE CREEK DR MISSOULA MT 59801-8663 415 PATTEE CREEK DR 220033105020000 [PHONE REDACTED] MCKAY PATRICIA A 416 PATTEE CREEK DR MISSOULA MT 59801-8664 416 PATTEE CREEK DR 220033105010000 [PHONE REDACTED] SEERY PATSY R 420 PATTEE CREEK DR MISSOULA MT 59801-8664 420 PATTEE CREEK DR 220033425070000 [PHONE REDACTED] KIRK NANCY Q 423 PATTEE CREEK DR MISSOULA MT 59801-8663 423 PATTEE CREEK DR 220033105140000 [PHONE REDACTED] EASTLICK STEPHEN M & BAIBA V 433 KING ST MISSOULA MT 59801-8607 433 KING ST 220033104110000 [PHONE REDACTED] TRIBE CORINNE C 444 KING ST MISSOULA MT 59801-8608 444 KING ST 220033428080000 [PHONE REDACTED] LINFORD DAVID B & NEYSA L 515 PATTEE CREEK DR MISSOULA MT 59801-8661 515 PATTEE CREEK DR 220033428090000 [PHONE REDACTED] WEBER E GAIL 525 PATTEE CREEK DR MISSOULA MT 59801-8661 525 PATTEE CREEK DR 220033428100000 [PHONE REDACTED] LARSON BRIAN SCOTT & KIMBERLY 533 PATTEE CREEK DR MISSOULA MT 59801-8661 533 PATTEE CREEK DR 220033430040000 [PHONE REDACTED] BRINKNAROVA KLARA 615 PATTEE CREEK DR MISSOULA MT 59801-8659 615 PATTEE CREEK DR 220033430050000 [PHONE REDACTED] EGENHOFF TERRY 621 PATTEE CREEK DR MISSOULA MT 59801-8659 621 PATTEE CREEK DR 220033430060000 [PHONE REDACTED] COMBS TANA T & JEROME F 623 PATTEE CREEK DR MISSOULA MT 59801-8659 623 PATTEE CREEK DR 220033106080000 [PHONE REDACTED] CITY OF MISSOULA 435 RYMAN ST MISSOULA MT 59802-4207 PARK - NO ADDRESS ---PAGE BREAK--- 220033107060000 [PHONE REDACTED] CITY OF MISSOULA 435 RYMAN ST MISSOULA MT 59802-4207 PARK - NO ADDRESS 220033421010000 8620117 NW ENERGY CORP PROP TAX DEPT BUTTE MT 59701 VACANT - NO ADDRESS