HomeMy WebLinkAboutCity Council Packet 08.20.2019
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, AUGUST 20, 2019
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R19-41
NEXT ORD. NO.
O19-03
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also
comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an
agenda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to
comment by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk-Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often.
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of August 6, 2019.
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
2. Approving the Annexation of Lot 18 Nutting Brothers Subdivision 2nd Filing and Lots 19-25
Nutting Brothers Subdivision 3rd Filing, as an addition to the City of Laurel, Montana.
3. Special Improvement District No. 119 Preliminary Levy of Special Assessments on Property
Within the District for the Purpose of Financing the cost of Certain Local Improvements.
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first
ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and
consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda
under "Items Removed from the Consent Calendar." The entire Consent Calendar, with the exception of items removed to be
discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion.
4. Claims for the month of August 2019.
5. Clerk/Treasurer Financial Statements for the month of June 2019.
6. Clerk/Treasurer Financial Statements for the month of July 2019.
7. Approval of Payroll Register for PPE 8/11/2019 totaling $176,755.43.
Ceremonial Calendar
Reports of Boards and Commissions
8. Review reports from Boards and Commissions
Budget/Finance Committee minutes of August 6, 2019.
Laurel Urban Renewal Agency minutes of July 22, 2019.
Library Board minutes of July 9, 2019.
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City/County Planning Board minutes August 1, 2019.
Public Works Committee minutes of July 15, 2019.
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on
the agenda.
Scheduled Matters
9. Appointments of Sarah Gallup to the Laurel Volunteer Ambulance Service.
10. Resolution No. R19-41: A Resolution Authorizing and Approving an Employment Contract
Between the City of Laurel and Nicholas Altonaga who Shall Serve as the City Planning Director
for the City of Laurel.
11. Resolution No. R19-42: Resolution of the City Council Approving a Small Grant Program
Proposed by the Laurel Urban Renewal Agency
12. Resolution No. R19-43: A Resolution Approving The Annexation Of Lot 18 Nutting Brothers
Subdivision 2nd Filing And Lots 19-25 Nutting Brothers Subdivision 3rd Filing, As An Addition
To The City Of Laurel, Montana.
13. Resolution No. R19-44: Resolution Approving the Final Plan and Annexation of Regal
Community Park, Legally Described as Nutting Bros 2nd Filing, S10, T02S, R24E Lots 7&8, an
Addition to the City of Laurel, Montana
14. Resolution No. R19-45: Resolution Relating To $41,000 Special Improvement District No. 119
Bond, Series 2019; Fixing The Form And Details And Providing For The Execution And
Delivery Thereof And Security Therefor
15. Resolution No. R19-46: Resolution Relating To Special Improvement District No. 119
Preliminary Levy Of Special Assessments On Property Within The District For The Purpose Of
Financing The Cost Of Certain Local Improvements.
16. Resolution No. R19-47: A Resolution Accepting the Proposal Submitted by High Point Networks
to Provide the City's Voice Over Internet Protocol (VOIP) Service and Support Services and
Authorizing the Mayor to Execute a Contract With High Point Networks for Such Services.
17. Motion to approve Council Member Klose to be absent from the City of Laurel for more than ten
days (LMC 2.12.060)
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10,
Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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Item Attachment Documents:
1. Approval of Minutes of August 6, 2019.
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Item Attachment Documents:
8. Review reports from Boards and Commissions
Budget/Finance Committee minutes of August 6, 2019.
Laurel Urban Renewal Agency minutes of July 22, 2019.
Library Board minutes of July 9, 2019.
City/County Planning Board minutes August 1, 2019.
Public Works Committee minutes of July 15, 2019.
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Item Attachment Documents:
9. Appointments of Sarah Gallup to the Laurel Volunteer Ambulance Service.
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08/08/2019
To Whom It May Concern:
I am requesting that the appointment of Sarah Gallup, Nationally Registered Emergency Medical
Technician, be placed on the agenda for Laurel City Council. Sarah comes bearing an incredible cache of
knowledge and passion for emergency medicine. She is currently a pre-med student at MSUB and also
volunteers for the Worden Ambulance Service. Sarah would be a tremendously valuable asset to our
city.
Thank You,
Riley Hutchens, NREMT
EMS Director
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Item Attachment Documents:
10. Resolution No. R19-41: A Resolution Authorizing and Approving an Employment Contract
Between the City of Laurel and Nicholas Altonaga who Shall Serve as the City Planning
Director for the City of Laurel.
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R19-41 Employment Contract – City Planning Director
RESOLUTION NO. R19-41
RESOLUTION AUTHORIZING AND APPROVING AN EMPLOYMENT CONTRACT
BETWEEN THE CITY OF LAUREL AND NICK ALTANOGA WHO SHALL BE
EMPLOYED AS THE PLANNER DIRECTOR FOR THE CITY OF LAUREL.
WHEREAS, Nick Altanoga currently works as the City’s Planner II and he has successfully
performed such position for the City of Laurel since his hire date; and
WHEREAS, the Mayor determined that based upon his knowledge and performance to date, it
is appropriate to promote Nick Altanoga to the Position of the City’s Planning Director; and
WHEREAS, the Mayor negotiated the attached employment contract with Nick Altanoga to
serve as the City Planning Director pursuant to the Position Description that is attached thereto and is
recommending the contracts approval by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana,
that the attached Employment Contract is hereby approved and the Mayor is authorized to execute the
Employment Contract on the City’s behalf.
Introduced at a regular meeting of the City Council on August 20, 2019, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 20 th day of August
2019.
APPROVED by the Mayor this 20th day of August 2019.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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EMPLOYMENT AGREEMENT
City Planning Director
This employment agreement is made and effective this 20th day of August 2019 by and between
the City of Laurel, Montana, hereinafter referred to as “City” and Nicholas Altonaga, hereinafter
referred to as the “Employee.” When the term “parties” is utilized in this agreement, the term
means the “City and Employee,” jointly. In consideration of their mutual promises set forth
herein, the parties hereby agree as follows:
1. Employment. City hereby employs Employee in accordance with Article III, Section 3 of the
City’s Charter and Employee hereby accepts such employment, upon the terms and
conditions set forth in this written agreement of employment. The parties intend to create a
written agreement of employment in accordance with MCA §39-2-912(2) and therefore
agree that this agreement and the City’s Job Description attached hereto constitutes the
entire agreement between the parties and that no oral promises, representations or
warranties have been made or are an enforceable part of this agreement.
1.1. Employee shall serve as the City’s Planning Director. The City has classified the position
as an Exempt/Non-Union Position as contained in the Job Description attached hereto
and incorporated herein. Employee shall commence employment under this
Agreement upon approval by the City Council.
1.2. Employee shall perform the essential duties and responsibilities contained in the
attached Job Description and shall report directly to the City’s Mayor and/or Chief
Administrative Officer.
1.3. The Employee shall not be reassigned from the position of City Planner Director to
another position without the Employee’s prior express written consent.
1.4. The Employee shall be subject to passing a pre-employment drug test.
2. Salary. City shall compensate Employee, as an Exempt, Non-Union, Salary Employee as
follows:
2.1. City shall pay Employee for services rendered pursuant hereto an annual salary in the
sum of $55,120.00 payable in equal installments at the same time as other employees
of the City are paid. Employee is eligible for an annual increase on the anniversary of
the Employee’s start date of this Agreement. Employee’s annual increase shall be
calculated at the same percentage equal to other non-union employees, of the then
current salary of the Employee.
2.2. Expenses: City recognizes that certain expenses of a non -personal and generally job-
affiliated nature are incurred by Employee (i.e. official travel, etc.), and hereby agrees
to reimburse or to pay reasonable expenses and the City Treasurer, upon approval by
the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed
expense or petty cash vouchers, receipts, statements or personal affidavits.
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2.3. Taxes: All payments made to and on behalf of Employee under this agreement are
subject to withholding of any required federal, state or local income and employment
taxes.
3. Term.
3.1. The term of this agreement shall be for four (4) years commencing the date the City
Council approves the agreement. The City Council may extend or renew the ag reement
as desired, upon recommendation by the Mayor.
3.2. The Employee’s regular schedule shall conform to normal City business hours, Monday
through Friday from 8:00am to 5:00 pm. The Employee understands that in some
occasions, the Employee may work outside of these normal business hours to attend
meetings, conferences, training, or other duties.
3.3. Nothing in this agreement shall prevent, limit or otherwise interfere with the authority
of the Mayor to terminate the services of the Employee at any time, subject only to the
provisions set forth in Section 7, Paragraphs 7.1 through 7.6, of this agreement.
3.4. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from the position with City, subject only to the
provision set forth in Section 7, Paragraphs 7.5 and 7.7 of this agreement.
3.5. Employee agrees to remain in the exclusive employ of the City and to not accept any
other employment, or to become employed, by any other employer unless termination
is affected as hereinafter provided. The term “employ and/or employed” shall not be
construed to include occasional teaching, writing, consulting or military (Reserve,
National Guard, or Auxiliary) service performed on Employee’s time off or while under
official orders.
4. Suspension. The Mayor may suspend the Employee in accordance with the City’s Personnel
Policy Manual at any time during the term of this agreement. Notice of suspension shall be
made by the Mayor, in writing, identifying the start and end dates of suspension and reason
for suspension.
5. Benefits. The City shall provide Employee the following benefits:
5.1. The City shall provide Employee the same benefits provided its other non-union
exempt employees under the City’s Personnel Policy Manual, as amended, and as
required by applicable state and federal law.
6. Representations and Warranties. Employee represents that he/she shall attain and
maintain the standard of personal and professional conduct required by the City; the
résumé and/or employment application furnished to the City are true and accurate in all
respects, are not misleading, and do not omit the provision of any material information;
that the education and experience of Employee is as stated in the resume and/or
application; that Employee is in good health; that the Employee knows of no present
condition which now or in the future may adversely affect his/her health or his/her ability
to perform his/her job; and that the Employee has fully disclosed to the City all facts which
are material to the City’s decision to employ the Employee.
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7. Termination of Employment.
7.1. This agreement and Employee’s employment immediately terminate upon Employee’s
death or finding or determination of a disability that prevents the Employee from
performing the essential duties and responsibilities of the assigned position.
7.2. If the Mayor terminates Employee without cause and Employee is willing and able to
perform his/her duties under this agreement, then the City shall pay the Employee a
severance payment equivalent to four (4) calendar months of the Employee’s then
current salary. Employee shall also be compensated for all accrued and remaining
vacation leave, computed on an hourly basis determined by dividing the Employee’s
then current annual salary by 2080 hours, and in accordance with the City’s Personnel
Policy Manual. The City shall comply with all IRS rules and regulations governing
severance pay and tax withholding requirements.
7.3. If the Employee is terminated “for cause” or voluntarily resigns his/he r employment,
the City has no obligation to pay the severance payment provided in this paragraph.
Employee shall receive payment for any remaining vacation balance as described in this
paragraph. For cause means any legitimate business reason, or as otherwise defined by
Montana law.
7.4. During the effective date of this agreement, if the City involuntarily reduces the
Employee’s salary or otherwise refuses to comply with any provision of this agreement
that benefits Employee, he/she, at his/her option, may elect to be considered
terminated without cause entitling him/her to the severance payment provision
contained in paragraph 7.2.
7.5. If the Employee resigns following a formal suggestion by the Mayor that the Employee
resign for no cause, the Employee, may at his/her option, elect to be considered
terminated at the date of such suggestion entitling him/her to the severance payment
provision contained in paragraph 7.2.
7.6. If the City’s Mayor terminates the Employee without cause at any time during the six
(6) calendar months subsequent to the seating and swearing-in of a newly elected
Mayor while the Employee is willing and able to perform his duties under this
agreement, the City shall pay the severance sum provided in paragraph 7.2 above.
7.7. If the Employee voluntarily resigns his/her position with the City, he/she must provide
the City with thirty (30) calendar days advance notice, unless the parties otherwise
agree in writing.
7.8. If Employee’s termination results from death or disability, the City’s final compensation
to the Employee is limited to payment for services rendered to date and payment for
any accrued and remaining vacation leave in accordance with the City’s Personnel
Policy Manual.
7.9. If the Employee’s termination results from cause, the City’s final compensation to
Employee is limited to payment for services rendered to date in accordance with the
City’s Personnel Policy Manual, and payment for any accrued and remaining vacation
leave calculated at the then current salary.
7.10. Conditioned upon the City fulfilling its obligations to pay the Severance Amount,
the Severance Benefits and the Current Obligations, upon a Unilateral Severance, the
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Employee waives and releases the Employee’s rights to continued employment with
the City and the parties waive and release the right to a hearing on the issue of good
cause. In the event of a Unilateral Severance, the parties agree not to make disparaging
comments or statements about each other.
8. Confidentiality. Employee acknowledges that during his/her course of employment he/she
might obtain and gather confidential information regarding the City’s operations or
employees. Employee further acknowledges that all confidential information is the City’s
property and in no event shall the Employee disclose such information to any person or
entity unless disclosure is requested by the City or required by law.
9. Performance Evaluation. The City’s Mayor and/or Chief Administrative Officer (herein after
“CAO”) shall review and evaluate the performance of the Employee at least once annually.
The review shall occur on or about the Employee’s anniversary date of hire. The review and
evaluation shall be in accordance with specific criteria which may be modified as the
Mayor/CAO may, from time to time, determine necessary and proper, in consultat ion with
the Employee. The Employee shall provide the Mayor/CAO a self-evaluation at least two
weeks prior the annual joint evaluation. The Mayor/CAO shall personally review the
evaluation with the Employee and provide the Employee an adequate opportunity to
discuss the evaluation.
9.1. In the event the Mayor/CAO determines that the evaluation instrument, format and/or
procedure are to be modified, and such modifications would require new or different
performance expectations, then the Employee shall be provided a reasonable period of
time to demonstrate such expected performance before being evaluated.
9.2. Unless the Employee expressly requests otherwise in writing, except to the extent
prohibited by or in material conflict with Applicable Laws and Authorities, the
evaluation of the Employee shall at all times be conducted in a meeting with the
Mayor/CAO and shall be considered private to the maximum and full extent permitted
by law. Nothing herein shall prohibit the Mayor/CAO or the Employee from sharing the
content of the Employee’s evaluation with their respective legal counsel.
10. Professional Development. City shall budget and pay for the travel and subsistence
expenses of Employee for short courses, instates, certifications, and seminars that are
necessary for his/her professional development for the good of the City, pending available
funding. The City desires the Employee join and participate in professional organizations
including, but not limited to, the Montana Association of Planners, Association of Montana
Floodplain Managers, and American Planning Association. The City shall pay Employee’s
membership dues and annual conference fees to encourage such membership and
attendance.
11. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee
under its Charter or any applicable law or ordinance.
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12. Other Terms and Conditions of Employment. The Mayor and/or CAO, in consultation with
the Employee, shall fix other terms and conditions of employment, as they may determine
necessary from time to time, relating to the performance of the Employee provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
agreement, the City’s Charter, Ordinances or any other applicable law.
13. Indemnification. City shall defend, save harmless and indemnify the Employee against any
tort, professional liability claim or demand or other legal action, costs and attorney’s fees
incurred in any legal proceedings, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of Employee’s duties. The City may
compromise and settle any such claim or suit and will pay the amount of any settlement or
judgment rendered thereon. The obligations of the City under this section shall not apply if:
• The conduct of the Employee complained of constitutes oppression, fraud or malice, or
for any reason does not arise out of the course and scope of the Employee’s
employment; or,
• The conduct of the Employee complained of constitutes a criminal offense as defined
under Montana law; or,
• The Employee compromised or settled the claim without the consent of City; or,
• The Employee fails or refuses to cooperate reasonably in the defense of the case.
14. Availability. Employee acknowledges that they must be available by either cellphone or
telephone after work hours in cases of emergency. Employee shall provide the Mayor/CAO
and appropriate department heads his/her contact information for after hour emergency
notifications. The City does not require the Employee to be on-call, simply available by
telephone if an emergency should arise for purposes of notification.
15. Miscellaneous. This agreement contains the entire agreement and supersedes all prior
letters, agreements, and understandings, ora l or written, with respect to the subject matter
hereof. This agreement may be changed only by an agreement in writing signed by the
party against whom any waiver, change, amendment or modification is sought. This
agreement shall be construed and enforced in accordance with the City’s Charter,
Ordinances and applicable laws of the State of Montana.
16. Personal Agreement. The obligations and duties of the Employee hereunder shall be
personal and not assignable to any person or entity, although the agreement is binding and
shall inure to the benefit of Employee’s heirs and executors at law.
17. Notices. Notices pursuant to this agreement shall be given in writing by deposit in the
custody of the United States Postal Services, certified postage prepaid, addressed as
follows:
• If to the City: Office of the Mayor, P.O. Box 10, Laurel, MT 59044; and
• If to the Employee: Nicholas Altonaga, 3922 Victory Circle APT #85 Billings, MT
59102
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Notice shall be deemed delivered and received as of three business days after the date of
deposit of such written notice in the course of transmission in the United States Postal
Service. Either party may, from time to time by written notice to the other party, designate
a different address for notice purposes. The Employee shall provide the City a current
mailing address when relocation is complete.
18. Renegotiation. The Parties may commence negotiation of a subsequent employment
agreement six (6) months prior to the expiration of this employment agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on August __,
2019. This agreement is contingent upon its approval via Resolution of the City Council.
EMPLOYEE CITY OF LAUREL
Nicholas Altonaga Thomas C. Nelson, Mayor
ATTEST:
Bethany Langve, City Clerk-Treasurer
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Item Attachment Documents:
11. Resolution No. R19-42: Resolution of the City Council Approving a Small Grant Program
Proposed by the Laurel Urban Renewal Agency
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R19-42 Approve LURA General Small Grant Program
RESOLUTION NO. R19-42
A RESOLUTION OF THE CITY COUNCIL APPROVING THE PROPOSED GENERAL
SMALL GRANT PROGRAM AS REQUESTED BY THE
LAUREL URBAN RENEWAL AGENCY.
WHEREAS, the City Council created the Laurel Urban Renewal Agency (LURA) pursuant to
Ordinance No. 08-09 as codified at Title 18, Chapters 18.02 and 18.04 of the Laurel Municipal Code to
provide input and recommendations regarding the most effective uses of resources gained from the Tax
Increment Finance (TIF) District; and
WHEREAS, the City Council appointed a LURA Board of Commissioners pursuant to
Resolution No. R08-123 who are responsible for providing guidance and recommendations to the City
Council as to the best use of unencumbered available tax increment funds consistent with the Urban
Renewal Plan that was additionally adopted by the City Council and codified at Chapter 18.04.020 of
the Laurel Municipal Code; and
WHEREAS, the LURA Board is requesting and recommending that the City Council create an
additional grant program to be known as the General Small Grant Program to allow the use of tax
increment funds, on an availability basis, as further described in the attached Program Description and
Application Process; and
WHEREAS, the City Council has reviewed the attached Program Description and Application
Process and finds it is consistent with the goals and objectives contained in the City’s Urban Renewal
Plan and is in the best interest of the City of Laurel and its citizens.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana,
that the attached General Small Grant Program is hereby approved.
Introduced at a regular meeting of the City Council on August 20, 2019 by Council Member
_______________________.
PASSED and APPROVED by the City Council of the City of Laurel this 20th day of August
2019.
APPROVED by the Mayor this 20th day of August 2019.
CITY OF LAUREL
___________________________
Thomas C Nelson, Mayor
ATTEST:
______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam Painter, Legal Counsel
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Laurel Urban Renewal Agency
General Small Grant Program
8/16/19
Purpose:
To provide funding support to residents, property owners, and business owners for small-scale
improvement, development, and restoration projects on properties within the Laurel Tax Increment
Finance District.
Funding:
The general small grant program provides funding for up to $5,000 to individual eligible projects. Any
project over $5,000 shall be referred to the Laurel City Council for review under the Large Grant
Program. Funding Availability for the general Small Grant Program shall be determined by the City
Planner and City Clerk-Treasurer on an annual basis.
Applicants are reminded that grant awards made by the LURA Board are discretionary in nature and
should not be considered an entitlement by the applicant. All grant criteria contained herein are guidelines
for awards and successful applicants may receive any amount up to the maximum award. Should an
application meet all grant criteria, a grant may or may not be awarded at committee or staff discretion due
to funding limitations, competing applicants, and/or competing priorities.
Application Process:
1. Contact the Planning Department for program details, application form, and information packet.
2. Prepare and submit a grant application for a chosen project to the Planning Department.
3. Grant applications are placed on the next available LURA Board meeting agenda.
4. LURA Board meets to review, discuss, and approve, conditionally approve, or deny applications.
5. Applicants are notified of application status.
6. Applicant submits invoices with proof of payment to Planning Department.
7. City staff process invoices and applications for final approval and reimbursement of funds.
The General Small Grant Program is open to current residents, property owners, business owners, and
developers within the TIF District. The Committee shall review applications on a first come, first serve
basis for the duration of funding availability. Projects that are approved by the LURA Board membership
shall be processed by the City Planner and subject to final review, approval, and reimbursement by the
Office of the City Clerk. Applications that are denied by the Committee may be re-submitted the
following funding cycle.
Applicants to the General Small Grant Program shall be ineligible for a Large Grant within the same
fiscal year. Applicants are eligible for up to $5,000 per project on a biennial basis. Any applicant with a
pending application to the Large Grant Program shall be ineligible for the General Small Grant Program.
Please ensure that your application and supporting documents are complete. The LURA Board shall not
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review incomplete applications. Please contact the Laurel City Planner for questions on the program and
to receive grant information and application forms.
Eligible Projects (MCA 7-15-4288):
Demolition/Abatement of Structure for
Removal of Blight
Sidewalks, Curbs, Gutters
Public Utilities
Intersection Signals & HAWK Crossing
Street & Alley Surface Improvements
Crosswalks
Green Space & Water Ways
Improvement of Pedestrian Areas
Historical Restorations
Off Street Parking for Public Use
Bridges & Walkways
Pollution Reduction
Structural Repair
Energy Efficiency Improvements
Conflict of Interest Policy:
The intent of the General Small Grant Program is the provide assistance to those who would not normally
have access to certain professional services who, because of cost, are unable to obtain project
improvement assistance. Participating applicants and contractors are ineligible to receive Small grant
funding for projects in which the firm, firm owners, employees, or members of their immediate family
have a financial or ownership interest. This policy is in effect for the duration of the grant assignment
only and does not prohibit a participating professional’s involvement in the future.
Planning Department:
115 W. First St.
Laurel, MT 59044
cityplanner@laurel.mt.gov
406-628-4796 ext. 5
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Item Attachment Documents:
12. Resolution No. R19-43: A Resolution Approving The Annexation Of Lot 18 Nutting Brothers
Subdivision 2nd Filing And Lots 19-25 Nutting Brothers Subdivision 3rd Filing, As An Addition
To The City Of Laurel, Montana.
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R19-43 Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers Subdivision 3rd Filing
RESOLUTION NO. R19-43
A RESOLUTION APPROVING THE ANNEXATION AND ZONING OF LOT 18,
NUTTING BROTHERS SUBDIVISION 2ND FILING AND LOTS 19-25, NUTTING
BROTHERS SUBDIVISION 3RD FILING, LEGALLY DESCRIBED AS: SECTION 10,
TOWNSHIP 2 SOUTH, RANGE 24 EAST, AS AN ADDITION TO THE CITY OF LAUREL,
MONTANA.
WHEREAS, Goldberg Investment LLP (“Goldberg”) submitted an annexation request and
zoning request for Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers
Subdivision 3rd Filing, described as: Section 10, Township 2 South, Range 24 East, containing
approximately 32.56 acres of land located near the city limits of the City of Laurel, and such
described property to be referred herein as “Developer Tracts” is consistent with the Annexation
Agreement which is to be executed along with this resolution; and
WHEREAS, the requested zoning is Residential Limited Multi-Family (RLMF) for Nutting
Bros 2nd Filing Lot 18 and Nutting Bros 3rd Filing Lots 19-24 and Community Commercial (CC) for
Nutting Bros 3rd Filing Lot 25; and
WHEREAS, the City Planner prepared staff reports regarding the annexation and zoning
requests and recommends the approval of the annexation and zoning requests based on the criteria,
analysis and findings contained in the Staff Reports dated November 21, 2018 and January 7, 2019
which are attached hereto and incorporated herein; and
WHEREAS, the Laurel City-County Planning Board considered the annexation and zoning
requests at their January 3, 2019 meeting and recommended approval of the annexation and zoning
requests that were submitted by Goldberg; and
WHEREAS, the City Council held a public hearing to gather evidence from the public
regarding the annexation and zoning requests in which no objections were noted or received into the
record; and
WHEREAS, the City Council reviewed the Laurel City-County Planning Board Minutes,
contents of their file, and the City Planner’s Staff Reports dated November 21, 2018 and January 7,
2019, and based upon all documents contained in the official record, the City Council hereby adopts
the Findings of Fact and Conditions of Approval, as its own Findings and Conditions as
incorporated herein; and
WHEREAS, Goldberg has provided a Title Guarantee regarding title and ownership
concerns on the originally filed subdivision documents which were identified and presented by City
staff at the City Council Workshop on February 26, 2019 and subsequently discussed at length with
Goldberg; and
WHEREAS, Goldberg has provided an updated Annexation Agreement that shall be
executed along with this resolution which meets city requirements, satisfied the comments of city
staff, and is in the best interests of the city; and
52
R19-43 Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers Subdivision 3rd Filing
WHEREAS, the City Council of the City of Laurel has determined that it is in the best
interests of the City and the inhabitants thereof, and of the land owner that the requested annexation
and zoning be approved as recommended by the Laurel City-County Planning Board, and that in
accordance with the conditions for approval included in the attached Staff Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City Council hereby approves the annexation and zoning requests filed by
Goldberg Investment LLP subject to and in accordance with all the terms and conditions contained
in the attached Staff Reports attached hereto and incorporated herein; and
BE IT FURTHER RESOLVED, the City Council hereby adopts the Findings of Fact
contained in the attached Staff Report as its own; and
BE IT FURTHER RESOLVED that the City Council hereby approves the annexation and
zoning requests submitted by Goldberg Investment LLP subject to and in accordance with all the
terms and conditions contained in the attached Staff Report as follows:
1. Pursuant to MCA Section 7-2-Part 46 the incorporated boundaries of the City of Laurel
shall be and the same hereby is extended and/or expanded to include the territory described
in the Request for Annexation as additionally described below.
2. Pursuant to MCA §7-2-4211, the annexation specifically includes the full width of any
public streets or roads, including the rights-of-way, that are adjacent to the property being
annexed.
3. The owner of record of the territory annexed to the City of Laur el has executed a Request
for Annexation and a Plan of Annexation.
4. The following described territory is hereby annexed to the City of Laurel:
Nutting Bros 2nd Filing, S10, T02 S, R24 E. Lot 18 and Nutting Bros 3rd Filing, Lots
19-25 (32.56 acres) according to the records on file and of record in the office of the
Clerk and Recorder of Yellowstone County, and the annexed property includes the
full width of any public streets or roads, including the rights-of-way, that are adjacent
to the property being annexed.
5. The Zoning for the annexed territory described above shall be Residential Limited Multi -
Family (RLMF) for Nutting Bros 2nd Filing Lot 18 and Nutting Bros 3rd Filing Lots 19-24
and Community Commercial (CC) for Nutting Bros 3rd Filing Lot 25.
6. Goldberg Investment LLP shall complete and satisfy all of the conditions contained in the
Staff Report dated January 7, 2019, attached hereto and incorporated herein, before the
annexation is finalized by recording the Resolution.
7. This Resolution shall be incorporated into the official minutes of the City Council, and
upon said incorporation, the City Clerk-Treasurer shall file a true and correct, certified copy
of this Resolution and of said minutes with the Yellowstone County Clerk and Recorder.
53
R19-43 Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers Subdivision 3rd Filing
8. From and after the date that the City Clerk -Treasurer files such certified copy of this
Resolution and of the Council minutes in the office of the Yellowstone County Clerk and
Recorder, this annexation of the above-described territory to the City of Laurel shall be
deemed complete and final.
Introduced at a regular meeting of the City Council on August 20th, 2019, by Council
Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 20th day of August
2019.
APPROVED by the Mayor this 20th day of August 2019.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
54
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Printed On: 05/13/2019, 1:02 PM Requester: tm Page: 1
First American Title Company
1001 South 24th Street West Ste 200
Billings , MT 59102
Phone: (406)248-7877 / Fax: (406)248-7875
PR: AFFGRP Ofc: 84 (14079)
Final Invoice
To: Tony Golden
1009 Phil Circle
Laurel, MT 59044
Invoice No.: 14079 - 841000254
Date: 05/13/2019
Our File No.: 731239
Title Officer: Trina Maurer
Escrow Officer:
Customer ID: TG4
Attention: Liability Amounts
Your Ref.:
RE: Property:
Public Park and Yard Office Road, Laurel, MT 59044
Buyers: Yellowstone County
Sellers:
Description of Charge Invoice Amount
Policy-Owner's Policy $150.00
INVOICE TOTAL $150.00
Comments:
Thank you for your business!
To assure proper credit, please send a copy of this Invoice and Payment to:
Attention: Accounts Receivable Department
64
_______________________________________________________________________________________________________________________
Form 5010500 (7-1-14) Page 1 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Issued by
First American Title Company
1001 South 24th Street West Ste 200, Billings , MT 59102
Title Officer: Trina Maurer
Phone: (406)248-7877
FAX: (406)248-7875
GUARANTEE
65
_______________________________________________________________________________________________________________________
Form 5010500 (7-1-14) Page 2 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 (7-1-14) Guarantee Face Page -Exclusions, Conditions and Stipulations
Guarantee
Guarantee Face Page
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-731239
66
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Form 5010500 (7-1-14) Page 3 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
2. Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the
lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee,
or title to streets, roads, avenues, lanes, ways or
waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss
to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non-judicial
proceeding which is within the scope and purpose of the
assurances provided.
(c) The identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to in this Guarantee
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in Part
2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured
unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice
3. NO DUTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED CLAIMANT TO
COOPERATE.
Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and
cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in (b), or to do any other
act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to
prevent or reduce loss or damage to the Assured. The
Company may take any appropriate action under the
terms of this Guarantee, whether or not it shall be liable
hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph, it shall do
so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to
select counsel of its choice (subject to the right of such
Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any
fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of
67
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Form 5010500 (7-1-14) Page 4 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
this Guarantee, the Company may pursue any litigation
to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company
to prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the
right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such
Assured for this purpose. Whenever requested by the
Company, an Assured, at the Company's expense, shall
give the Company all reasonable aid in any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in
the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as
stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of
the Assured to furnish the required cooperation, the
Company's obligations to the Assured under the
Guarantee shall terminate.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for
the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of
the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the
owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided
for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided
for in Paragraph (b) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
7. DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason
of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the
68
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Form 5010500 (7-1-14) Page 5 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the
Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured
by the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these
Conditions and Stipulations, at the time the loss or
damage assured against by this Guarantee occurs,
together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the
estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures any other
matter assured against by this Guarantee in a reasonably
diligent manner by any method, including litigation and
the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
10. PAYMENT OF LOSS.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company,
the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. ARBITRATION.
Unless prohibited by applicable law, either the Company or
the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the Assured arising out of or relating to this Guarantee,
any service of the Company in connection with its issuance or
the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is $1,000,000
or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of
liability is in excess of $1,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the
parties. The award may include attorneys' fees only if the
laws of the state in which the land is located permits a court
to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. LIABILITY LIMITED TO THIS GUARANTEE;
GUARANTEE ENTIRE CONTRACT.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee
and contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this
Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can
be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone: 888-632-1642.
69
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Form 5010500 (7-1-14) Page 6 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Guarantee
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-731239
Subdivision or Proposed Subdivision: Preliminary Yard Office Road/Public Park
Order No.: 731239
Reference No.: Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Yellowstone County
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH YELLOWSTONE COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
Parcel A:
Public Park, of Nutting Brothers Subdivision, Third Filing, in Yellowstone County, Montana,
according to the official plat on file in the office of the Clerk and Recorder of said County,
under Document #346313.
Parcel B:
That part of the S1/2N1/2 of Section 10, Township 2 South, Range 24 East of the Principal
Montana Meridian, in Yellowstone County, Montana, described as follows:
A 30 foot by 660 foot strip bounded on the West by Lot 25, Nutting Subdivision, Third Filing
and Public Park, Nutting Subdivision, Third Filing;
Bounded on the East by the North-South Section line between Section 10 and Section 11.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Yellowstone County Subdivision Regulations on the certificates consenting to the
recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered
for dedication by said Plat are:
Yellowstone County
(B) Parties holding liens or encumbrances on the title to said lands are:
1. 2019 taxes are an accruing lien, not yet payable.
70
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Form 5010500 (7-1-14) Page 7 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
(C) Easements, claims of easements and restriction agreements of record are:
2. County road rights-of-way not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Yellowstone to use and occupy those certain roads and trails as depicted
on County Surveyor's maps on file in the office of the County Surveyor of Yellowstone County.
3. Right-of-way granted to Montana Power Company, recorded in Book 71 of n/a, Page 597, under
Document #124206.
4. Easement granted to Yellowstone Valley Electrification Association, recorded March 18, 1939 in
Book 210 of n/a, page 246, under Document 3336539.
5. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which
may exist by reason thereof, disclosed by the recorded plat of said subdivision, recorded February 10,
1940, as instrument number Document #346313, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violate 42
USC 3604(C).
Date of Guarantee: May 02, 2019 at 7:30 A.M.
First American Title Company
By:
Authorized Countersignature
71
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Form 5010500 (7-1-14) Page 8 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned
about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained
from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines
that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other
means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your
information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any
internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and
investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
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Form 50-PRIVACY (9-1-10) Page 1 of 1 Privacy Information ( 2001-2010 First American Financial Corporation)
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Orion Detail
Disclaimer: Not all fields are currently maintained. The accuracy of the data is not guaranteed.
Please notify the Appraisal/Assessment Office (406-896-4000) of any inaccuracies.
Back to Search Form Property Tax Detail
Owner Information
Primary Owner:YELLOWSTONE COUNTY (PARKS)Ownership History
Tax ID:D02650
Geo Code:03-0821-10-2-11-11-0000
Property Address:YARD OFFICE RD LAUREL 59044
Legal Description:NUTTING BROS 2ND FILING, S10, T02 S, R24 E, Lot PARK, ADJ TO LTS 19 TO 25
3.544 AC (02) (ANNEX 02)
Property Type :EP - Exempt Property
Site Data View Codes
03-0970-7 Location:5 - Neighborhood or Spot
Neighborhood Code:203.500 Fronting 1 - Major Strip or Central Business District%
Parking type:Parking Prox %
Utilities:0 Access:1
Lot Size:3.544 Acres Topography:1
Any comments or questions regarding the web site may be directed to the Web Developer.
Page 1 of 1Department of Revenue Orion Data Detail
5/12/2019http://www.co.yellowstone.mt.gov/gis/oriondetail.asp?propid=251914
79
Disclaimer: Not all fields are currently maintained. The accuracy of the data is not
guaranteed. Please notify the Appraisal/Assessment Office of any inaccuracies.
Back to Search Form Full Orion Detail
Owner Information
*Please Note: Owner information is supplied by the Montana Department of Revenue. To
request updates to addresses or other ownership information, please contact the DOR office at
896-4000. Records for the current year will not be updated after tax bills have been sent out, so
changes requested after you receive your bill will appear only on next year's records.
Tax ID: D02650
Primary Party
Primary Owner Name: YELLOWSTONE COUNTY (PARKS) Ownership History
2019 Mailing Address: YELLOWSTONE COUNTY (PARKS)
PO BOX 35000
BILLINGS, MT 59107-5000
Property Address: YARD OFFICE RD
Township: 02 S Range: 24 E Section: 10
Subdivision: NUTTING BROS 2ND FILING Block: Lot: PARK
Full Legal: NUTTING BROS 2ND FILING, S10, T02 S, R24 E, Lot PARK,
ADJ TO LTS 19 TO 25 3.544 AC (02) (ANNEX 02)
GeoCode: 03-0821-10-2-11-11-0000
Show on Map (May not work for some newer properties.)
Property Assessment Information
Levy District: LAUREL INSIDE
2018 Assessed Value Summary
Assessed Land Value = $ 55,444.00
Assessed Building(s) Value = $ 0.00
Total Assessed Value = $ 55,444.00
The values shown for the given tax year are for taxation purposes only. They are supplied by the
Department of Revenue. For questions about these values, please contact the Montana Department of
Revenue, Appraisal/Assessment Office at 406-896-4000.
Rural SID Payoff Information
NONE
Property Tax Billing History
Year 1st Half 2nd Half Total
(P) indicates paid taxes.
Click on year for detail. Pay Taxes Online
Jurisdictional Information
Commissioner Dist: 1 - John Ostlund (R)School Attendance Areas
Senate: 28 - Tom Richmond (R)High: LAUREL
House: 55 - Vince Ricci (R)Middle: LAUREL
Page 1 of 2Yellowstone County Property Tax Information
5/12/2019http://www.co.yellowstone.mt.gov/gis/csaprop.asp?propid=251914
80
Ward: Outside City Limits Elem: LAUREL
Precinct: 55.4
Zoning: Residential Tracts
Click Here to view Billings
Regulations
Click Here to view Laurel
Regulations
Click Here to view
Broadview Regulations
School District Trustee Links
Any comments or questions regarding the web site may be directed to the Web Developer.
Page 2 of 2Yellowstone County Property Tax Information
5/12/2019http://www.co.yellowstone.mt.gov/gis/csaprop.asp?propid=251914
81
R19-___ Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19 -25, Nutting Brothers Subdivision 3rd Filing
RESOLUTION NO. R19-_____
A RESOLUTION APPROVING THE ANNEXATION OF LOT 18 NUTTING BROTHERS
SUBDIVISION 2ND FILING AND LOTS 19-25 NUTTING BROTHERS SUBDIVISION 3RD
FILING, AS AN ADDITION TO THE CITY OF LAUREL, MONTANA.
WHEREAS, Goldberg Investment LLP (“Goldberg”) submitted an annexation request for
Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19-25, Nutting Brothers Subdivision 3rd
Filing, described as: Section 10, Township 2 South, Range 24 East, containing approximately 32.56
acres of land located near the city limits of the City of Laurel; and
WHEREAS, the City Planner prepared a staff report regarding the annexation request and
recommends the approval of the annexation based on the criteria, analysis and findings contained in
the Staff Reports dated November 21, 2018 and January 7, 2019 which are attached hereto and
incorporated herein; and
WHEREAS, the Laurel City-County Planning Board considered the requests at their January
3, 2019 meeting and recommended approval of the annexation request that was submitted by
Goldberg; and
WHEREAS, the City Council held a public hearing to gather evidence from the public
regarding the annexation request and zoning. No objections were noted or received into the record;
and
WHEREAS, the City Council reviewed the Laurel City-County Planning Board Minutes,
contents of their file, and the City Planner’s Staff Reports dated November 21, 2018 and January 7,
2019, and based upon all documents contained in the official record, the City Council hereby adopts
the Findings of Fact and Conditions of Approval, as its own Findings and Conditions as
incorporated herein; and
WHEREAS, the City Council of the City of Laurel has determined that it is in the best
interests of the City and the inhabitants thereof, and of the land owner that the requested annexation
be conditionally approved as recommended by the Laurel City-County Planning Board, and that in
accordance with the conditions for approval included in the attached Staff Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City Council hereby approves the annexation request filed by Goldberg
Investment LLP subject to and in accordance with all the terms and conditions contained in the
attached Staff Reports attached hereto and incorporated herein; and
BE IT FURTHER RESOLVED, the City Council hereby adopts the Findings of Fact
contained in the attached Staff Report as its own; and
BE IT FURTHER RESOLVED that the City Council hereby approves the annexation
request submitted by Goldberg Investment LLP subject to and in accordance with all the terms and
conditions contained in the attached Staff Report as follows:
82
R19-___ Lot 18, Nutting Brothers Subdivision 2nd Filing and Lots 19 -25, Nutting Brothers Subdivision 3rd Filing
1. Pursuant to MCA Section 7-2-Part 46 the incorporated boundaries of the City of Laurel
shall be and the same hereby is extended and/or expanded to include the territory described
in the Request for Annexation as additionally described below.
2. The owner of record of the territory annexed to the City of Laurel has executed a Request
for Annexation and a Plan of Annexation.
3. The following described territory is hereby annexed to the City of Laurel:
Nutting Bros 2nd Filing, S10, T02 S, R24 E. Lot 18 and Nutting Bros 3rd Filing, Lots
19-25 (32.56 acres) according to the records on file and of record in the office of the
Clerk and Recorder of Yellowstone County.
4. Goldberg Investment LLP shall complete and satisfy all of the conditions contained in the
Staff Report dated January 7, 2019, attached hereto and incorporated herein, before the
annexation is finalized by recording the Resolution.
5. This Resolution shall be incorporated into the official minutes of the City Council, and
upon said incorporation, the City Clerk-Treasurer shall file a true and correct, certified copy
of this Resolution and of said minutes with the Yellowstone County Clerk and Recorder.
6. From and after the date that the City Clerk -Treasurer files such certified copy of this
Resolution and of the Council minutes in the office of the Yellowstone County Clerk and
Recorder, this annexation of the above-described territory to the City of Laurel shall be
deemed complete and final.
Introduced at a regular meeting of the City Council on ____________, 2019, by Council
Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___th day of
_______________, 2019.
APPROVED by the Mayor this __th day of ___________, 2019.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
83
1
Goldberg Investments Annexation
CITY HALL
115 W. 1ST ST.
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of Planning Office of the Director of Public
Works
Date: January 7, 2019
To: Laurel Mayor and City Council
From: Laurel – Yellowstone City – County Planning Board and Zoning Commission
Forrest Sanderson, AICP, CFM – Contract Planner
Re: Annexation Request, Goldberg Investment LLP
BACKGROUND:
On November 13, 2018, an annexation request for Lot 18 Nutting Brothers 2nd Filing and Lots 19
– 25 Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East was submitted
along with a request for initial zoning. The initial zoning request, which is analyzed in a separate
Report is for Residential Limited Multi-Family (RLMF) and Community Commercial (CC).
The Laurel – Yellowstone Planning Board and Zoning Commission did on January 3, 2019
conduct a public hearing on the proposed annexation request.
ANALYSIS OF REQUEST
City Council Resolution #R08-22 (March 4, 2008) and the aforementioned Application Form
establishes the criteria and requirements for the annexation of property.
Standard:
1. Only parcels of land adjacent to the City of Laurel will be considered for annexation. If
the parcel to be annexed is smaller that one city block in size (2.06 acres), the city council
must approve consideration of the request; the applicant must make a separate written
request to the city council stating their wish to annex a parcel of land less than one city
block in size. Once the council approves the request, the applicant can apply for
annexation.
Findings:
A. The property requested for consideration is adjacent to the existing Laurel city limits;
B. The property requested for consideration is 32.56 acres in size;
C. The property owner (Goldberg Investments LLP) owns or has been authorized to submit
the annexation petition.;
84
2
Goldberg Investments Annexation
D. Should the request for annexation be denied by the City of Laurel the request for initial
zoning will not proceed further;
E. This is the type of comprehensive annexation and initial zoning requests that are desired
under the City of Laurel Annexation Policy.
F. The annexation and initial zoning appears to be consistent with your 2013 Growth Policy.
(Infrastructure, Land Use, and Transportation Sections). These sections encourage
comprehensive ‘big picture’ looks at development, growth and the extension of public
infrastructure.
MOVING FORWARD
1. The application adequately addresses the following items as required by Council Policy:
a. An extension of City Streets, Water, Sewer, Sidewalks, Storm Water, Curb and
Gutter and how the developer/owner intends to pay for these infrastructure
extensions;
b. An executed waiver of the right to protest the creation of SID’s;
c. Adequate discussion of the suitability of the proposed zoning for the property to
be annexed;
d. A notarized signature from the record property owner authorizing the annexation
and requested initial zoning;
e. Adequate discussion of the subdivision process to create lots that conform to the
minimum district requirements and use limitations imposed by the Laurel Zoning
Regulations.
2. The application did include a fee for the consideration of annexation and zoning.
a. The fee is adequate for the application as presented.
3. The annexation map, to be prepared at the developers expense shall include all adjacent
public rights-of-way
RECOMMENDATION:
The request to proceed with annexation of Lot 18 Nutting Brothers 2nd Filing and Lots 19 – 25
Nutting Brothers 3rd Filing in Section 10, Township 2 South, Range 24 East Subdivision should
be APPROVED for the following reasons:
1. The annexation request is consistent with the City of Laurel Annexation Policy.
2. The requested annexation is consistent with the 2013 Laurel Growth Policy.
3. The requested initial zoning for the properties is existing Laurel Zoning classifications.
85
8
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Item Attachment Documents:
13. Resolution No. R19-44: Resolution Approving the Final Plan and Annexation of Regal
Community Park, Legally Described as Nutting Bros 2nd Filing, S10, T02S, R24E Lots 7&8, an
Addition to the City of Laurel, Montana
87
R19-44 Regal Subdivision,
RESOLUTION NO. R19-44
A RESOLUTION APPROVING THE FINAL PLAN AND ANNEXATION OF
REGAL COMMUNITY PARK, LEGALLY DESCRIBED AS NUTTING BROS. 2ND
FILING, S10, T02S, R24E. LOTS 7&8, AN ADDITION TO
THE CITY OF LAUREL, MONTANA
WHEREAS, the City Council of the City of Laurel approved the preliminary plan, and
annexation of Regal Community Park, as described below, An Addition to the City of Laurel,
Montana on May 2, 2017 under Resolution No. R17-13 subject to conditions.
WHEREAS, such conditions for approval were as follows:
1. The property shall be annexed into the City of Laurel.
2. In the event public improvements have not been completed at the time a building permit
is applied for, the applicant shall provide a development agreement.
3. A Subdivision Improvements Agreement shall be executed with Final Plan approval.
4. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the
time of annexation approval.
5. There shall be Right-of Way of 27 feet surveyed and filed under MCA exemption 76-3-
201(h) for the remainder ROW dedication for Date Avenue prior to final plan.
6. There shall be Right-of Way of 40 feet surveyed and filed under MCA exemption 76-3-
201(h) for the remainder ROW dedication for East Maryland Lane prior to final plan.
7. All public improvements shall be built to Montana Public Work Standards and to the
specifications made in the Subdivision Improvements Agreement provided with the
application for preliminary plan.
8. Water and sewer connections must be approved by the Public Works Director prior to
final plan.
9. A stormwater management plan must be approved by MDEQ before final plan.
10. To minimize effects on local services, utility easements shall be provided on the final
plan.
11. To minimize the effects on local services, a centralized mailbox unit shall be provided as
coordinated by the U.S. Postal Service along the north side of East 8th Street. There shall
also be a concrete pad.
12. To minimize the effects on local services, as requested from the Laurel Fire Department,
no parking signs shall be provided by the developer and installed in front of all fire
hydrants.
13. Minor changes may be made in the SIA and final documents, as requested by the
Planning, Legal or Public Works Department to clarify the documents and bring them
into the standard acceptable format.
14. To minimize the effects on the natural environment, a weed management plan and
property inspection shall be approved by the County Weed Department, prior to final
plan approval.
15. Cash in lieu of parkland shall be received with final plan approval.
16. If City of Laurel solid waste services are used, a plan must be approved by the Public
Works Director.
88
R19-44 Regal Subdivision,
17. The final plan shall comply with all requirements of the Laurel-Yellowstone City-County
Planning Area Subdivision Regulations, rules, policies, and resolutions of the City of
Laurel, and the law and Administrative Rules of the State of Montana.
WHEREAS, the final plan and annexation is in the best interest of the City of Laurel
since all the conditions listed herein have been satisfied.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana that the final plan and concurrent annexation of Regal Community Park, An Addition
to the City of Laurel, is hereby approved and is subject with the following:
Section 1: After the final plan and supporting documentation have been reviewed for
compliance and signed off on by City staff, and after the Resolution approving the final
plan and annexation have been approved by the City Council, the City Clerk-Treasurer
shall file a certified copy of this resolution and official minutes of the City Council with
the Yellowstone County Clerk and Recorder.
Section 2: The city hereby annexes the land described as follows:
Nutting Bros. 2nd Filing, being Lot 7 and 8 of, Nutting Bros 2nd Filing, S10, T02 S, R24
E, Yellowstone County, Montana.
Section 3: Pursuant to MCA §7-2-4211, the annexation specifically includes the full
width of any public streets or roads, including the rights-of-way, that are adjacent to the
property being annexed.
Introduced at a regular meeting of the City Council on August 20, 2019 by Council
Member _______________________.
PASSED and APPROVED by the City Council of the City of Laurel this 20th day of
August 2019.
APPROVED by the Mayor this 20th day of August 2019.
CITY OF LAUREL
___________________________
Thomas C Nelson, Mayor
ATTEST:
______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam Painter, Legal Counsel
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4/1712019 Gmail -Fwd: [EXTERNAL] Regal Community Park
Scott Worthington
Fwd: [EXTERNAL] Regal Community Park
1 message
Wed, Apr 17, 2019 at 3:30 PM Lee Hanson
To: Scott Worthington
Here is the approval from the post master on our location for the mailbox in Regal Community Park. Thanks!
--- Forwarded message ---------
From: Mitchem, Heather B - Laurel, MT
Date: Wed, Apr 17, 2019 at 3:28 PM
Subject: RE: [EXTERNAL] Regal Community Park
To: Lee Hanson
I believe the place we discussed wou!d have an area for the carrier to pull off and be out of the way of incoming
traffic? If so, it is fine with me. Please let me know when you get addresses, so we can add them to our database.
Thank you,
Heather Mitchem
Postmaster
614 1st Ave
Laurel MT 59044-9998
0 (406)
C (406)
From: Lee Hanson
Sent: Wednesday, April 17, 2019 3:25 PM
To: Mitchem, Heather B - Laurel, MT
Subject: [EXTERNAL] Regal Community Park
Hey Heather,
Thank you for your time on the phone today. Crazy how fast a year flies by. I am looking for approval from you on the
location of our master mailbox that will be installed on the southeast end of the Park close to the intersection of 8th street
and Date Ave. Thank you in advance for your written approval :) Have a great day!
All the best,
https://mail.google.com/mail/u/0?ik=8dcf6a 165c&view=pt&search=all&permthid=thread-f%3A 1631098367711180663&simpl=msg-f%3A 163109836771... 1 /2
105
4,11/2019 Gmail - Fwd: [EXTERNAL] Regal Community Park
Lee Hanson
406-
https://mail.google.com/mail/u/O?ik=8dcf6a 165c&view=pt&search=all&permthid=thread-f%3A 1631098367711180663&simpl=msg-f%3A 163 109836771 . . . 2/2
106
PAYTOTHE ORDER OF
Regal Land Development, Inc.
P.O. Box 80445
Billings, MT 59108-0445
PH. (406) 656-1301
Yellowstone Bank
1511 Shiloh Road Billings, MT 59106
93-514/929
Apr. 17, 2019
Four Thousand, Three Hundred Sixty Dollars and 50 cents.
City of Laurel
MEMO
Regal Land Development, Inc.
11704
*��"r$4, 360. 50
DOLLARS
11704
check amount: ****$4,360.50 Date: Apr. 17, 2019 Check paid to: City of Laurel Number: 011704
Invoice: N0NE-000001 04/17/19 Paid: $4,360.50 Job: RCOURT Regal court
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
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RESOLUTION NO. R17-13
A RESOLUTION APPROVING THE PRELIMINARY PLAN AND THE
ANNEXATION OF REGAL COMMUNITY PARK,LEGALLY DESCRIBED AS
NUTTING BROS 2ND FILING, S10,TO2S,R24 E. LOTS 7 AND 8,
AN ADDITION TO THE CITY OF LAUREL, MONTANA.
WHEREAS, in January, 2017, Regal Land Development applied for an approval of a major
preliminary plan for the residential development of a "Rent to Lease Community Park" containing 55
sites on approximately 7.85 acres of land located near the city limits of the City of Laurel; and
WHEREAS, in addition to the approval of the plan, Regal Land Development requested
Petitioned") annexation as an Addition to the City of Laurel; and
WHEREAS, the City Planner prepared a staff report regarding the major preliminary plan
approval and the petition for annexation, and recommends the conditional approval of the plan and
annexation subject to the conditions contained in the Staff Report dated May 2, 2017, which is attached
hereto and incorporated herein; and
WHEREAS, the Laurel City-County Planning Board considered the requests at their April 6, 2017
meeting and recommended conditional approval of the major preliminary plan and annexation subject to
the staff recommended conditions and findings of fact contained in the May 2, 2017 Staff Report; and
WHEREAS, the City Council held a public hearing to gather evidence from the public regarding
the requested approval of the major preliminary plan and annexation. No objections were noted or
received into the record; and
WHEREAS, the City Council reviewed the Planning Board Minutes, the City Planner's May 2,
2017 Staff Report, including the Findings of Fact and Conditions of Approval, all evidence in the City's
file and the recommendations of the Laurel City-County Planning Board; and
WHEREAS, the City Council of the City of Laurel has determined that it is in the best interests of
the City and the inhabitants thereof and of the land owner that the major preliminary plan and application
for annexation be conditionally approved as recommended by the Laurel City-County Planning Board in
accordance with the conditions for approval included in the attached Staff Report;
WHEREAS, the Findings of Fact contained in the Staff Report are hereby adopted as the City
Council's Findings of Fact, and the conditions for approval are adopted as the City Council's conditions
for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana,
that the City Council hereby conditionally approves the Major Preliminary Plan of Nutting Bros 2nd
Filing, S10, TO2S, R24 E. Lots 7 and 8, subject to and in accordance with all the terms and conditions
contained in the attached Staff Report that is attached hereto and incorporated herein; and
BE IT FURTHER RESOLVED, the City Council hereby adopts the Findings of Fact contained in
the attached Staff Report as its own; and
R17-13 Regal Community Park conditional approval of the Major Preliminary Plan and Annexation
115
BE IT FURTHER RESOLVED that the City Council hereby conditionally approves the Petition
for Annexation submitted by Regal Land Development subject to and in accordance with all the terms and
conditions contained in the attached Staff Report as follows:
1. Pursuant to MCA Section 7-2-Part 46 the incorporated boundaries of the City of Laurel shall be
and the same hereby is extended and/or expanded to include the territory described in the petition
for annexation as additionally described below.
2. The owner of record of the territory annexed to the City of Laurel has executed a petition
seeking such annexation.
3. The following described territory is hereby annexed to the City of Laurel:
Nutting Bros rd Filing, S10, T02S, R24 E. Lots 7 and 8, according to the records on file
and of record in the office of the Clerk and Recorder of Yellowstone County.
4. The Petitioner shall complete and satisfy all of the conditions contained in the Staff Report
dated May 2, 2017, attached hereto and incorporated herein, before the annexation is finalized by
recording the Resolution.
5. This Resolution shall be incorporated into the official minutes of the City Council, and upon
said incorporation, the City Clerk-Treasurer shall file a true and correct, certified copy of this
Resolution and of said minutes with the Yellowstone County Clerk and Recorder so long as the
conditions of approval are satisfied.
6. From and after the date that the City Clerk-Treasurer files such certified copy of this Resolution
and of the Council minutes in the office of the Yellowstone County Clerk and Recorder, this
annexation of the above-described territory to the City of Laurel shall be deemed complete and
fmal.
Introduced at a regular meeting of the City Council on May 2, 2017, by Council Member
Nelson
PASSED and APPROVED by the City Council of the City of Laurel this 2nd day of May, 2017.
APPROVED by the Mayor this 2"d day of May, 2017.
CITYlOF LAUREL
1'/ia4 i , ( 4,
Mark A. Mace, Mayor
ATTEST:
Bethany Kee - , lerk/Treasurer
App ed . to Zu rm• I
Sam S. Painter, Civil City Attorney
R17-13 Regal Community Park conditional approval of the Major Preliminary Plan and Annexation
116
r Au,
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Noel Eaton, City Planner
RE: Application for Annexation
HEARING
DATE: May 2"d 2017
INTRODUCTION;
Regal Land Development- Dan Wells has applied for annexation of his property located north of
East 8th Street and East Maryland along Date Avenue. The property is legally described as
NUTTING BROS 2ND FILING, S10, TO2S, R24, LOTS 7&8.
STAFF FINDINGS:
1. Regal Land Development- Dan Wells is requesting the annexation of his property
identified above. The property is zoned Residential Manufactured Homes. The property
is 7.85 acres in size and is currently vacant land.
2. The application identifies the future use as a 55 site Development for Rent or Lease for
manufactured homes. The applicant has also submitted an application for preliminary
plan for Regal Community Park an Addition to the City of Laurel.
3. The application for preliminary plan provides a detailed Subdivision Improvements
Agreement, which satisfies the development agreement improvement.
4. The application conforms to the goals of the City of Laurel Growth Management Plan.
The Future Land Use map identifies this area as Residential Manufactured Homes.
5. This application in conjunction with the application for preliminary plan meets the
requirements of the City of Laurel Annexation Policy.
6. As per the annexation policy requirements adopted by Ordinance No. 008-02, the
planning board shall conduct a public hearing and forward a recommendation to the City
Council. The public hearing has been advertised and scheduled at a regular Planning
Board meeting to be held September 1, 2016.
Page 1 of 2
117
ANNEXATION CRITERIA AND REQUIREMENTS
A:The City Council shall consider the following criteria when it receives a written petition for
annexation:
The property must be located within an area identified by city staff as a location for future city
annexation or annexation of the property will promote orderly growth of the city to protect the
health,safety and welfare in areas intensely utilized for residential,commercial, institutional
and governmental purposes.
The city must be able to provide adequate city services within a time period mutually agreed to
by the property owner requesting annexation and the city;
Existing or proposed public improvements within the area to be annex must meet all city
standards. If the public improvements are not constructed at the time of annexation,the
property owner shall provide the city a bond or letter of credit that equals 125%of the
estimated engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering,the city shall utilize the
bond or letter of credit to pay for the construction, including engineering; In accordance with
GASB-34,the Developer of Landowner shall provide the city the total cost and/or value of the
improvements including,but not limited to, parks,sidewalks,curb and gutter, lift stations, and
sewer and water lines,that are conveyed to the city;
All property owners within the area to be annexed must sign a Waiver of Right to Protest the
creation of Special Improvement Districts for engineering and construction of improvements
including,but not limited to,streets,sidewalks,curb and gutter and the creation of a Park
Maintenance District, in a form acceptable and approved by the city;
Residential densities within the area to be annexed must be rezoned at a minimum density of R-
7500; and
The proposed land use within the area to be annexed must conform to the goals of the Laurel
Yellowstone City-County Planning Board Growth Policy.
B:The City Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in Section A herein or require an annexation agreement.The conditions of approval must
be clearly stated in the resolution of annexation or if required,the annexation agreement. If the
property to be annexed is not developed,the conditions of approval or annexation agreement shall
include a requirement for:
A development agreement prior to the issuance of a building permit;
A subdivision improvements agreement at the time of final plat approval,if applicable and
An executed Waiver of Right to Protest creation of Special Improvement Districts for
engineering and construction of improvements including, but not limited,streets,sidewalks,
curb and gutter and the creation of a Park Maintenance District, in a form acceptable and
approved by the City.
SUGGESTED CONDITIONS OF APPROVAL
1. In the event public improvements have not been completed at the time a building permit is
applied for,the applicant shall provide a development agreement.
2. A Subdivision Improvements Agreement shall be executed with Final Plan approval.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the
time of annexation approval.
Page 2 of 2
118
oe,„1,N
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Noel Eaton, City Planner
RE: Regal Community Park an Addition to the City of Laurel- Preliminary Plan
HEARING
DATE: May 2nd, 2017
INTRODUCTION:
In January 2017, Regal Land Development, applied for major preliminary plan approval for the
Development for Rent or Lease for Regal Community Park which contains 55 sites on
approximately 7.85 acres of land for residential development. The subject property is located
east of Date Avenue, north of 8th St, south of Maryland Lane and West of City Park land. The
property is not within the City of Laurel but the property owner is petitioning for annexation.
RECOMMENDATION-
Planning
ECOMMENDATION:
Planning staff recommends that the City Council make findings and should they decide to
approve, include the staff report and staff recommended conditions and adopt the Findings of
Fact as presented.
A motion was made to approve the preliminary plan and annexation request for the Regal
Community Park with staff report, staff findings, and staff suggested conditions of approval for
both preliminary plan and annexation request which was seconded by Dan Koch. The motion
carried by a vote of 5 —0.
VARIANCES REQUESTED:
There are no variances requested.
PROPOSED CONDITIONS OF APPROVAL:
Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably
minimize potential adverse impacts identified within the Findings of Fact:
1. The property shall be annexed into the City of Laurel.
Page 1 of 6
119
2. There shall be Right-of-Way of 27 feet surveyed and filed under MCA exemption 76-3-
201(h) for the remainder ROW dedication for Date Avenue prior to final plan.
3. There shall be Right-of-Way of 40 feet surveyed and filed under MCA exemption 76-3-
201(h) for the remainder ROW dedication for East Maryland Lane prior to final plan.
4. All public improvements shall be built to Montana Public Work Standards and to the
specifications made in the Subdivision Improvements Agreement provided with the
application for preliminary plan.
5. Water and sewer connections must be approved by the Public Works Director prior to
final plan.
6. A stormwater management plan must be approved by MDEQ before final plan.
7. To minimize effects on local services, utility easements shall be provided on the final
plan.
8. To minimize the effects on local services, a centralized mailbox unit shall be provide as
coordinated by the U.S. Postal Service along the north side of East 8th Street. There shall
also be a concrete pad.
9. To minimize the effects on local services, as requested from the Laurel Fire Department,
no parking signs shall be provided by the developer and installed in front of all fire
hydrants.
10. Minor changes may be made in the SIA and final documents, as requested by the
Planning, Legal or Public Works Department to clarify the documents and bring them
into the standard acceptable format.
11. To minimize the effects on the natural environment, a weed management plan and
property inspection shall be approved by the County Weed Department, prior to final
plan approval.
12. Cash in lieu of parkland shall be received with final plan approval.
13. If City of Laurel solid waste services are used, a plan must be approved by the Public
Works Director.
14. The final plan shall comply with all requirements of the Laurel-Yellowstone City-County
Planning Area Subdivision Regulations, rules, policies, and resolutions of the City of
Laurel, and the law and Administrative Rules of the State of Montana.
Page 2 of 6
120
PROCEDURAL HISTORY:
Regal Community Park was denied annexation and preliminary plan by Laurel City
Council due to a requested variance in October of 2016. The applicant has revised the
site plan and conforms to Subdivision Regulations at this time.
A pre-application meeting was conducted with Planning Staff for the proposed
development
The preliminary plat application sufficiency and completeness review was done.
The Plannin_ Board held a sublic hearin_ on Thursda Aril 6th 2017.
PLAT INFORMATION:
General location: East of Date Avenue, North of 8th St, South of Maryland Lane,
West of City Park
Legal Description:NUTTING BROS 2ND FILING,510,T02 S, R24 E, Lot 7—8
Subdivider and Owner: Regal Land Development- Dan Wells
Engineering and Surveyor: Scott Worthington- In Site Engineering
Existing Zoning: Residential Manufactured Home
Existing Land Use: Vacant/Open
Proposed Land Use: Residential Manufactured Homes
Gross Area: 7.85
Proposed #of Lots: 55
Lot Sizes: Average lot size of 4,419 sq/$
Parkland Requirements:Cash in lieu of parkland will be received.
PROPOSED FINDINGS OF FACT:
The Findings of Fact for the preliminary plan of Regal Community Park an Addition to the City
of Laurel have been prepared by the Laurel City-County Planning Department staff for review by
the City/County Planning Board. These findings are based on the preliminary application and
address the review criteria required by the Montana Subdivision and Platting Act (76-3-608,
MCA) and the Laurel-Yellowstone City-County Planning Area Subdivision Regulations.
A. What are the effects on agriculture and agricultural water user facilities, local
services, the natural environment, wildlife and wildlife habitat and public health
and safety? (76-3-608(3)(a), MCA) (Section 3 (C)(3)(a), LYCCPASR)
Page 3 of 6
121
1. Effect on agriculture and agricultural water user facilities.
The proposed Regal Community Park will have no impact on agriculture. The 7.85 acre
Regal Community Park site is currently a vacant lot. It is surrounded on three sides by
land that has been annexed into the City of Laurel; therefore,the site is no longer
considered a viable farming unit. Areas to the South and West are currently mobile home
parks and the area to the east and north are parkland.
There are no existing irrigation rights with the property and no modification to existing
ditches will occur with the development.
2. Effect on local services
a. The subdivision improvements agreement has provided detailed information
regarding:
Water- A 6inch PVC water main will be installed in Regal Avenue(private)to
serve the project. The point of connection is at Elm Ave and East 8th Street.
There will be a private meter vault as the main enters the development.
Sanitary sewer-6inch PVC sewer main will be installed. The point of
connection will be at Pine Land and East 8th Street.
Storm drainage- storm drainage will be approved by MDEQ and will be
conveyed by way on internal private streets to storm drain inlets and piped to
a retention pond in the southeast corner.
Streets-Access to the private development will be on the south side of E
Maryland and the north side of East 8th Street. Private internal roads (Regal
Avenue and Regal Loop) will access each pad site.
Parks and Open Space-Cash in lieu will be provided at time of final plan
approval
3. Effects on the natural environment
The development is proposed to contain 55 single family residential manufactured
homes. The property has a zoning designation of RMH and is being annexed into the City
concurrent with the preliminary plan. The proposed development will have minimal
impact on local services as it is surrounded on three sides by existing city land.
4. Effects on wildlife and wildlife habitat
There are no known endangered species or critical game ranges on site. Due to the history
of agricultural use near the site, and the adjacent residential use, it provides little wildlife
Page 4 of 6
122
habitat. Wildlife species consist mainly of rodents and common birds. Little cover and
shelter is available for wildlife species in the area.
5. Effects on public health and safety
Cash-in-lieu donation for parkland will be able to be used to better maintain city parks.
Also, the proposed development will improve access for the public by installing
sidewalks along the south side of East Maryland land and the north side of East 8th Street.
This will allow residents in the area to safely walk to the park.
B. Was an Environmental Assessment Required? (76-3-603, MCA)(Section 16.9
LYCCPASR)
An environmental assessment was required and submitted with the application.
C. Does the subdivision conform to the Montana Subdivision and Platting Act and to
local subdivision regulations? (76-3-608 (3)(b), MCA)
The development, with proposed conditions, satisfies the requirements of the Montana
Subdivision and Platting Act and conforms to the design standards specified in the
LYCCPASR. The subdivider and the local government have complied with the
subdivision review and approval procedures set forth in the local and state subdivision
regulations.
D. Does the subdivision conform to sanitary requirements? (Section 3(C)(3)(e),
LYCCPASR)
A water and sewer design report has been included with the application. The Subdivision
Improvements agreement identifies the developer responsibilities in connecting to City
water and sewer services.
E. Does the proposed plat provide easements for the location and installation of any
utilities? (76-3-608(3)(C), MCA
Utility easements shall be provided on the face of the final plan.
F. Does the proposed plat provide legal and physical access to each parcel within the
subdivision and notation of that access on the plat? (76-3-608 (3)(d), MCA)
Physical access has been provided for all lots by private internal streets.
Page 5 of 6
123
CONCULSIONS OF FINDINGS OF FACT
The preliminary plan of Regal Community Park does not create any adverse impacts that
warrant denial of the development.
With the proposed conditions, Regal Community Park is in compliance with the Montana
Subdivision and Platting Act, LYCCPASR and the City of Laurel Growth Management
Plan.
All public improvements shall be built to Montana Public Work Standards.
Page 6 of 6
124
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52
SCALE 1"=100' (11x17)
SCALE 1"=50' (24x36)
50 0 10050 150
REGAL COMMUNITY PARK
TABULATIONS
IN SITE ENGINEERING, P.C.
SCOTT WORTHINGTON, P.E.
4118 WOODCREEK DR
BILLINGS, MT 59106
REGAL LAND DEVELOPMENT, INC.
DAN WELLS
P.O. BOX 80445
BILLINGS, MT 59108
LEGEND
GENERAL NOTES
SHEET INDEX
125
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13
14
15
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17
18
35
52
SCALE 1"=100' (11x17)
SCALE 1"=50' (24x36)
50 0 10050 150
REGAL COMMUNITY PARK
IN SITE ENGINEERING, P.C.
SCOTT WORTHINGTON, P.E.
4118 WOODCREEK DR
BILLINGS, MT 59106
REGAL LAND DEVELOPMENT, INC.
DAN WELLS
P.O. BOX 80445
BILLINGS, MT 59108
LEGEND
NOTES
126
1
2
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21
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33
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3
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35
52
SCALE 1"=100' (11x17)
SCALE 1"=50' (24x36)
50 0 10050 150
REGAL COMMUNITY PARK
IN SITE ENGINEERING, P.C.
SCOTT WORTHINGTON, P.E.
4118 WOODCREEK DR
BILLINGS, MT 59106
REGAL LAND DEVELOPMENT, INC.
DAN WELLS
P.O. BOX 80445
BILLINGS, MT 59108
LEGEND
NOTES
127
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Item Attachment Documents:
14. Resolution No. R19-45: Resolution Relating To $41,000 Special Improvement District No. 119
Bond, Series 2019; Fixing The Form And Details And Providing For The Execution And
Delivery Thereof And Security Therefor
136
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Laurel, Montana (the “City”), hereby certify that the attached resolution is a true copy of a
Resolution No. R19-45 entitled: “RESOLUTION RELATING TO $41,000 SPECIAL
IMPROVEMENT DISTRICT NO. 119 BOND, SERIES 2019; FIXING THE FORM AND
DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND
SECURITY THEREFOR” (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 regular
meeting on August 20, 2019, 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:
;
voted against the same: ; abstained from voting thereon:
; or were absent: .
WITNESS my hand and seal officially this 20th day of August, 2019.
(SEAL)
City Clerk-Treasurer
137
RESOLUTION NO. R19-45
RESOLUTION RELATING TO $41,000 SPECIAL
IMPROVEMENT DISTRICT NO. 119 BOND, SERIES 2019;
FIXING THE FORM AND DETAILS AND PROVIDING FOR
THE EXECUTION AND DELIVERY THEREOF AND
SECURITY THEREFOR
BE IT RESOLVED by the City Council (the “Council”) of the City of Laurel, Montana
(the “City”), as follows:
Section 1. Recitals. It is hereby found, determined and declared as follows:
1.01. Resolution of Intention. By Resolution No. R19-14, duly adopted by the Council
on May 7, 2019 (the “Resolution of Intention”), this Council declared its intention to create
Special Improvement District No. 119 (the “District”), for the purpose of financing a portion of
the costs of certain local sidewalk improvements, including construction and installation of
sidewalks, ADA-compliant ramps, drive and alley approaches and related improvements
(collectively, the “Improvements”) to benefit certain property located on East 6th Street in the
City and included within the District and paying costs incidental thereto, including 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, and the funding of a deposit
to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”). The
Resolution of Intention designated the number of the District, described the boundaries thereof
and stated the general character of the Improvements and an approximate estimate of the costs
thereof, in accordance with the provisions of Montana Code Annotated, Title 7, Chapter 12, Parts
41 and 42, as amended (the “Act”). By the Resolution of Intention, this Council also declared its
intention to cause the cost and expense of making the Improvements specially benefiting the
District to be assessed against the properties included within the boundaries thereof in
accordance with one or more methods of assessment authorized in Sections 7-12-4161 to 7-12-
4165 of the Act and as set forth in the Resolution of Intention.
In the Resolution of Intention, this Council stated its intention to issue the Bond drawn
against the District to pay a portion of the costs of the Improvements. This Council further found
that 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 Bond by the Revolving Fund, on the basis of factors
required to be considered under Section 7-12-4225 of the Act. Those findings are hereby ratified
and confirmed.
1.02. Notice. Notice of the passage of the Resolution of Intention was given by two
publications, with at least six days between publications, in the Laurel Outlook, a weekly
newspaper of general circulation published within the City. Notice of the passage of the
Resolution of Intention was also mailed the same day the notice was first published to all
persons, firms or corporations or the agents thereof having real property within the District, listed
in their names upon the last completed assessment roll for State, county and school district taxes,
at their last known addresses. The notice described the general character of the Improvements,
stated the estimated cost of the Improvements and the method or methods of assessment of such
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costs against properties in the District, specified the time when and the place where the Council
would hear and pass upon all protests made against the making of the Improvements or the
creation or extension of the District, and referred to the Resolution of Intention as being on file in
the office of the City Clerk-Treasurer for a description of the boundaries of the District, all in
accordance with the provisions of the Resolution of Intention, and included a statement that,
subject to the limitations of Section 7-12-4222 of the Act, the general fund of the City may be
used to provide loans to the 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.
1.03. Creation of District. At the time and place specified in the notice hereinabove
described, this Council met to hear, consider and pass upon all protests made against the making
of the Improvements and the creation of the District, and, after consideration thereof, it was
determined and declared that insufficient protests against the creation or extension of the District
or the proposed work had been filed in the time and manner provided by law by the owners of
the property to be assessed for the Improvements in the District, and this Council did therefore
by Resolution No. R19-21, adopted on June 4, 2019, create Special Improvement District No.
119, order the proposed Improvements in accordance with the Resolution of Intention, and
confirm the findings it made with respect to the pledge of the Revolving Fund in the Resolution
of Intention.
1.04. Construction Contracts. The City will cause to be constructed certain
Improvements as described in the Resolution of Intention. Plans, specifications, maps, profiles
and surveys for construction of the Improvements to be constructed to benefit the District were
prepared by the engineers acting for the City or by City engineers, and were thereupon examined
and approved by this Council. Advertisements for bids for construction of the Improvements
were published in the official newspaper of the City in accordance with the provisions of
Montana Code Annotated, Section 7-12-4141, after which the bids theretofore received were
opened and examined. After referring the bids to the engineers for the City it was determined
that the lowest regular proposal for the furnishing of all work and materials required for
constructing the Improvements in accordance with the approved plans and specifications was the
following:
SID No. 119:
Work Bidder Contract Price
Contracts for the construction of the Improvements were therefore awarded to said
bidder, subject to the right of owners of property liable to be assessed for the costs thereof to
elect to take the work and enter into written contracts therefor in the manner provided by
Montana Code Annotated, Section 7-12-4147, whereupon the City and the successful bidder
entered into written contracts for construction of the Improvements upon the bidder having
executed and filed bonds satisfactory to this Council and in the form and manner provided by
Montana Code Annotated, Title 18, Chapter 2, Part 2, as amended.
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Costs of the Improvements in excess of the proceeds of the Bond and costs of issuance of
the Bond have been or will be paid from amounts contributed by the City and the prepayment of
spcial assessments by some property owners in the District.
1.05. Costs. Following prepayments by property owners in the District, it is currently
estimated that the costs and expenses connected with and incidental to the formation of the
District to be paid from the proceeds of the Bond, including costs of preparation of plans,
specifications, maps, profiles, engineering superintendence and inspection, preparation of
assessment rolls, expenses of making the assessments, the cost of work and materials under the
construction contracts and all other costs and expenses, including the deposit of proceeds in the
Revolving Fund, are $41,000, as shown in the table below:
Construction Costs $64,652.10
Less Prepaid Assessments (26,006.43)
Project Costs to be Assessed $38,645.67
Revolving Fund 2,050.00
Rounding Amount 304.33
Total $41,000.00
The amount of $41,000 will be levied and assessed upon the assessable real property
within the District on the bases described in the Resolution of Intention. This Council has
jurisdiction and is required by law to levy and assess such amounts, to collect such special
assessments and credit the same to the special improvement district funds created for the District,
which funds are to be maintained on the official books and records of the City separate from all
other City funds, within the 2019 Special Improvement District No. 119 Fund (the “District
Fund”) for the payment of principal and interest when due on the Bond herein authorized.
1.06. Sale and Issuance of Bond. The City has received a proposal from Yellowstone
Bank, a Montana corporation, for the purchase of the Bond. For the purpose of financing a
portion of the costs and expenses of making the Improvements and funding a deposit to the
Revolving Fund (as hereinafter defined), which are to be assessed against the property within the
District as provided in the Resolution of Intention, this Council hereby determines that it is in the
best interests of the City to sell the Bond in a private negotiated sale to Yellowstone Bank (the
“Purchaser”), at a purchase price of $41,000 (representing the stated principal amount of the
Bond), at the rate of interest set forth in Section 2.01 hereof, and upon the further terms set forth
in this Resolution, in accordance with the provisions of Section 7-12-4204(b) of the Act.
1.07. Recitals. All acts, conditions and things required by the Constitution and laws of
the State of Montana, including the Act, and the home rule charter of the City, in order to make
the Bond a valid and binding special obligation in accordance with its terms and in accordance
with the terms of this Resolution have been done, do exist, have happened and have been
performed in regular and due form, time and manner as so required.
Section 2. The Bond.
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2.01. Title, Principal Amount, Interest Rate and Stated Maturity. For the purpose of
paying a portion of the costs and expenses of making the Improvements, funding a deposit to the
Revolving Fund, and in anticipation of the collection of special assessments to be levied therefor,
and in accordance with the proposal described in Section 1.06, the City shall forthwith issue and
deliver to the Purchaser the Bond, denominated “Special Improvement District No. 119 Bond,
Series 2019,” payable solely from the District Fund. The Bond shall be issued in the principal
amount of $41,000, and shall mature, subject to redemption as hereinafter provided, on July 1,
2039. The Bond shall bear interest on the outstanding principal amount from the date of original
issue, or from such later date to which interest has been paid or duly provided for, until paid or
discharged at the rate of 3.95% per annum. The principal of and interest on the Bond shall be
payable in the amounts and on the respective dates reflected in the Debt Service Schedule
attached as Schedule 1 to the Bond. Interest is calculated on the basis of a 365-day year.
2.02. Interest Payment Dates. Interest on the Bond shall be payable on each January 1
and July 1, commencing January 1, 2020, to the owners of record thereof as such appear on the
bond register at the close of business on the twentieth day of the immediately preceding month,
whether or not such day is a business day.
2.03. Method of Payment. The Bond shall be issued only in fully registered form. The
interest on and principal installments of the Bond shall be payable by check or draft drawn on the
Registrar; provided that the final installment of principal (whether at maturity or earlier
redemption) shall be paid by the Registrar only upon presentation and surrender of the Bond to
the Registrar.
2.04. Registration. The City hereby appoints the City Clerk-Treasurer to act as bond
registrar, transfer agent and paying agent (the “Registrar”). The City reserves the right to
appoint a bank, trust company or fiscal company as successor bond registrar, transfer agent or
paying agent, as authorized by the Model Public Obligations Registration Act of Montana (the
“Registration Act”), but the City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. This Section 2.04 shall establish a system of registration
for the Bond as defined by the Registration Act. The effect of registration and the rights and
duties of the City and the Registrar with respect thereto shall be as follows:
(a) Bond Register. The Registrar shall keep at its principal office a bond register
in which the Registrar shall provide for the registration of ownership of the Bond and the
registration of transfers and exchanges of the Bond entitled to be registered, transferred or
exchanged.
(b) Transfer. Upon surrender to the Registrar for transfer of the Bond duly
endorsed by the registered owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing and
guaranteed by an “eligible guarantor institution” meeting the requirements of the
Registrar, the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, a new Bond of a like aggregate principal amount and like
payments of principal installments, as requested by the transferor. The Registrar may,
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however, close the books for registration of any transfer of the Bond or portion thereof
selected or called for redemption.
(c) Exchange. Whenever the Bond is surrendered by the registered owner for
exchange, the Registrar shall authenticate and deliver a new Bond of a like aggregate
principal amount, interest rate and principal installments, as requested by the registered
owner or the owner’s attorney duly authorized in writing.
(d) Cancellation. The Bond surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When the Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on the Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name the Bond is at any time registered on the bond register as the absolute owner
of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on the Bond and for all other
purposes, and all such payments so made to any such registered owner or upon the
owner’s order shall be valid and effectual to satisfy and discharge the liability of the City
upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer of the Bond or exchange of the
Bond (except for an exchange upon the partial redemption of the Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any
tax, fee or other governmental charge required to be paid with respect to such transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bond. In case the Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, principal installments and tenor in exchange and substitution for and
upon cancellation of the mutilated Bond or in lieu of and in substitution for the Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case that the Bond is destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to
it, in which both the City and the Registrar shall be named as obligees. The Bond so
surrendered to the Registrar shall be canceled by it and evidence of such cancellation
shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or the Bond has been called for redemption in accordance with its terms, it shall
not be necessary to issue a new Bond prior to payment.
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2.05. Redemption.
(a) Mandatory Redemption. If on any interest payment date there will be a balance in
the District Fund after payment of the principal and interest due on the Bond drawn against it,
either from the prepayment of special assessments levied in the District or from the transfer of
surplus money from the Construction Account to the Principal Account as provided in Section
3.02 or otherwise, the City Clerk-Treasurer shall call for redemption on the interest payment date
principal installments of the Bond in an amount which, together with the interest thereon to the
interest payment date, will equal the amount of such funds on deposit in the District Fund on that
date. The redemption price shall equal the amount of the principal installments of the Bond to be
redeemed plus interest accrued to the date of redemption, without premium.
(b) Optional Redemption. The Bond is subject to redemption at the option of the City at
any time and from time to time, in whole or in part, from sources of funds available therefor
other than those described in subsection (a) of this Section 2.05, at a redemption price equal to
the amount of the principal installments thereof to be redeemed plus interest accrued to the
redemption date, without premium.
(c) Notice and Effect of Redemption. The date of redemption and the amount of
principal installments of the Bond to be redeemed shall be fixed by the Registrar and the
Registrar shall give notice, by first class mail, postage prepaid, or by other means required by the
securities depository, to the owner or owners of the Bond at their addresses appearing on the
bond register, of the amount of principal installments to be redeemed and the date on which
payment will be made, which date shall be not less than 30 days after the date of mailing notice.
On the date so fixed interest on the principal installments of the Bond so redeemed shall cease to
accrue. If the Bond is prepaid in part, the Purchaser or then-registered owner of the Bond will
reamortize the principal remaining upon redemption and prepayment at the interest rate over the
then-remaining term in equal or substantially equal semiannual payments of principal and
interest. So long as the Bond is held by one registered owner, upon partial redemption and
prepayment there shall be no need to exchange a new Bond for the unredeemed portion of the
existing Bond; provided that the amortization schedule attached as Schedule I to the form of the
Bond shall be replaced by an amortization schedule reflecting the reamortization of the principal
then outstanding in the manner described above.
2.06. Form. The Bond shall be drawn in substantially the form set forth in Exhibit A
hereto, and by this reference made a part hereof, with such modifications as are permitted by the
Act.
2.07. Execution, Registration and Delivery. The Bond shall be prepared under the
direction of the City Clerk-Treasurer and shall be executed on behalf of the City by the
signatures of the Mayor and the City Clerk-Treasurer; provided that the signatures and the
corporate seal may be printed, engraved or lithographed facsimiles of the originals. The seal of
the City need not be impressed or imprinted on the Bond. In case any officer whose signature or
a facsimile of whose signature shall appear on the Bond shall cease to be such officer before the
delivery of the Bond, such signature or facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until delivery. Notwithstanding such
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execution, the Bond shall not be valid or obligatory for any purpose or entitled to any security or
benefit under this resolution unless a certificate of authentication and registration on the Bond
has been duly executed by the manual signature of an authorized representative of the Registrar.
The executed certificate of authentication and registration on the Bond shall be conclusive
evidence that it has been authenticated and delivered under this resolution. When the Bond has
been so executed, authenticated and registered, it shall be delivered by the Registrar to the
Purchaser upon payment of the purchase price.
2.08. Application of Proceeds. From the proceeds of the Bond the City Clerk-Treasurer
shall credit forthwith $2,050 for the District to the Revolving Fund, as required by Section 7-12-
4169(2) of the Act, and the balance of such proceeds to the Construction Account in the District
Fund, to be used solely for the purposes described in Section 3.02. The Purchaser shall not be
obligated to see to the application of the purchase price.
Section 3. District Fund; Assessments.
3.01. District Fund. There is hereby created and established the fund designated as the
“2019 Special Improvement District No. 119 Fund,” which shall be maintained by the City
Clerk-Treasurer on the books and records of the City separate and apart from all other funds of
the City (the “District Fund”). Within the District Fund there shall be maintained three separate
accounts, designated as the “Construction Account,” “Principal Account,” and “Interest
Account,” respectively.
3.02. Construction Account. There shall be credited to the Construction Account in the
District Fund the proceeds of the sale of the Bond remaining after the required deposits to the
Revolving Fund. Any earnings on investment of money in the Construction Account shall be
retained therein. All costs and expenses of constructing the Improvements in and for the benefit
of the District shall be paid from time to time as incurred or reimbursed to the City from the
Construction Account in accordance with the provisions of applicable law, and money in the
Construction Account shall be used for no other purpose; provided that upon completion of the
Improvements and after all claims and expenses with respect to the Improvements have been
fully paid and satisfied, any money remaining in the Construction Account shall be transferred to
the Principal Account and used to redeem principal installments of the Bond as provided in
Section 3.03.
3.03. Principal Account and Interest Account. Money in the Principal Account and the
Interest Account shall be used only for payment of the principal of and interest on the Bond as
such payments become due or to redeem principal installments of the Bond.
Upon collection of special assessments to be levied with respect to the Improvements in
the District due on November 30 and May 31 of each year, the City Clerk-Treasurer shall credit
to the Interest Account so much of said special assessments as is collected as interest payment
and the balance thereof to the Principal Account. Any installment of any special assessment paid
prior to its due date with interest accrued thereon to the next succeeding interest payment date
shall be credited with respect to principal and interest payments in the same manner as other
assessments are credited to the District Fund. All money in the Interest Account and the
Principal Account shall be used first to pay interest due, and any remaining money shall be used
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to pay the principal amounts of the Bond then due and, if money is available, to redeem principal
installments of the Bond in accordance with Section 2.05; provided that any money transferred to
the Principal Account from the Construction Account pursuant to Section 3.02 shall be applied to
redeem principal installments of the Bond to the extent possible on the next interest payment
date for which notice of redemption has been properly be given pursuant to Section 2.05(c).
3.04. Loans from Revolving Fund. The Council shall annually or more often if
necessary issue an order authorizing a loan or advance from the Revolving Fund to the District
Fund in an amount sufficient to make good any deficiency then existing in the Interest Account
and issue an order authorizing a loan or advance from the Revolving Fund to the District Fund in
an amount sufficient to make good any deficiency then existing in the Principal Account, in each
case to the extent that money is available in the Revolving Fund. A deficiency shall be deemed
to exist in the Principal Account or Interest Account if the money on deposit therein on any
December 15 or June 15 (excluding amounts in the Principal Account representing prepaid
special assessments) is less than the amount necessary to pay the principal installment of the
Bond due (other than upon redemption), and interest on the Bond payable, on the next
succeeding interest payment date.
Pursuant to Ordinance No. 300, as amended, the City has undertaken and agreed to
provide funds for the Revolving Fund by levying such tax or making such loan from the General
Fund as authorized by Montana Code Annotated, Section 7-12-4222. In the event that the
balance on hand in the Revolving Fund fifteen days prior to any date when interest is due on
special improvement district bonds or warrants of the City is not sufficient to make good all
deficiencies then existing in the special improvement district funds for which the City has
covenanted to make loans from the Revolving Fund, the balance on hand in the Revolving Fund
shall be allocated to the funds of the special improvement districts in which such deficiencies
then exist in proportion to the amounts of the deficiencies on the respective dates of receipt of
such money, until all interest accrued on such special improvement district bonds or warrants of
the City has been paid. On any date when all accrued interest on special improvement district
bonds and warrants of the City payable from funds for which the City has covenanted to make
loans from the Revolving Fund has been paid, any balance remaining in the Revolving Fund
shall be lent or advanced to the special improvement district funds for payment and redemption
of bonds to the extent the special improvement district funds are deficient for such purpose, and,
if money in the Revolving Fund is insufficient therefor, pro rata, in an amount proportionate to
the amount of such deficiency.
The City hereby determines, covenants and agrees to levy the property tax described in
the immediately preceding paragraph to provide funds for the Revolving Fund so long as the
Bond is outstanding to the extent required under the provisions of this Resolution and the Act,
even though such property tax levy may, under applicable law or provisions of the home rule
charter of the City, require that property tax levies of the City for other purposes be reduced
correspondingly.
Section 4. Covenants. The City covenants and agrees with the owners from time to time
of the Bond that until all the principal amount of the Bond and interest thereon are fully paid:
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4.01. Compliance with Resolution. The City will hold the District Fund and the
Revolving Fund as trust funds, separate and apart from all of its other funds, and the City, its
officers and agents, will comply with all covenants and agreements contained in this Resolution.
The provisions hereinabove made with respect to the District Fund and the Revolving Fund are
in accordance with the undertaking and agreement of the City made in connection with the sale
of the Bond as set forth in Section 1.06.
4.02. Construction of Improvements. The City will do all acts and things necessary to
enforce the provisions of the construction contracts and Bond referred to in Section 1.04 and to
ensure the completion of the Improvements for the benefit of the District in accordance with the
plans and specifications and within the time therein provided, and will pay all costs thereof
promptly as incurred and allowed, out of the Construction Account and within the amount of the
proceeds of the Bond appropriated thereto, amounts contributed by the City therefor and
prepayments by property owners in the District. All awards of contracts have complied or will
comply with the applicable bid and award statutes.
4.03. Levy of Assessments. The City will do all acts and things necessary for the final
and valid levy of special assessments upon all assessable real property within the boundaries of
the District benefited by the Improvements in accordance with the Constitution and laws of the
State of Montana and the Constitution of the United States in an aggregate principal amount not
less than $41,000. Such special assessments shall be levied on the bases prescribed in the
Resolution of Intention, and shall be payable in substantially equal semiannual installments of
principal and interest over a period of 20 years, at an annual rate equal to the sum of: (i) the
average annual interest rate borne by the then-outstanding Bond, plus (ii) one-half of one percent
(0.50%) per annum. The assessments to be levied will be payable on the 30th day of November
in each of the years 2019 through 2038, and on the 31st day of May in the years 2020 through
2039, inclusive, if not theretofore paid, and shall become delinquent on such date unless paid in
full. The first partial payment of each assessment shall include interest on the entire assessment
from the date of original registration of the Bond to January 1, 2020. The assessments shall
constitute a lien upon and against the property against which they are made and levied, which
lien may be extinguished only by payment of the assessment with all penalties, cost and interest
as provided in Section 7-12-4191 of the Act. No tax deed issued with respect to any lot or parcel
of land shall operate as payment of any installment of the assessment thereon which is payable
after the execution of such deed, and any tax deed so issued shall convey title subject only to the
lien of said future installments, as provided in Montana Code Annotated, Section 15-18-214.
4.04. Reassessment. If at any time and for whatever reason any special assessment or
tax herein agreed to be levied is held invalid, the City and this Council, its officers and
employees, will take all steps necessary to correct the same and to reassess and re-levy the same,
including the ordering of work, with the same force and effect as if made at the time provided by
law, ordinance or resolution relating thereto, and will reassess and re-levy the same with the
same force and effect as an original levy thereof, as authorized in Section 7-12-4186 of the Act.
Any special assessment, or reassessment or re-levy shall, so far as is practicable, be levied and
collected as it would have been if the first levy had been enforced including the levy and
collection of any interest accrued on the first levy.
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If proceeds of the Bond, including investment income thereon, are applied to the
redemption of the Bond, as provided in Sections 7-12-4205 and 7-12-4206 of the Act, or if
refunding bonds are issued and the principal amount of the outstanding Bond is decreased or
increased, the City will reduce or increase, respectively, the assessments levied in the District
and then outstanding pro rata by the principal amount of such prepayment or the increment
above or below the outstanding principal amount of Bond represented by the refunding Bond.
The City and this Council, its officers and employees will reassess and re-levy such assessments,
with the same effect as an original levy, in such reduced or increased amounts in accordance
with the provisions of Sections 7-12-4176 through 7-12-4178 of the Act.
4.05. Absence of Litigation. There is now no litigation pending or, to the best
knowledge of the City, threatened questioning the validity or regularity of the creation of the
District, the contracts for construction of the Improvements or the undertaking and agreement of
the City to levy special assessments therefor and to make good any deficiency in the collection
thereof through the levy of taxes for and the making of advances from the Revolving Fund, or
the right and power of the City to issue the Bond or in any manner questioning the existence of
any condition precedent to the exercise of the City’s powers in these matters. If any such
litigation should be initiated or threatened, the City will forthwith notify in writing the Purchaser,
and will furnish the Purchaser a copy of all documents, including pleadings, in connection with
such litigation.
4.06. Waiver of Penalty and Interest. The City covenants not to waive the payment of
penalty or interest on delinquent assessments levied on property in the District for costs of the
Improvements, unless the City determines, by resolution of the Council, that such waiver is in
the best interest of the owners of the outstanding Bond.
Section 5. Tax Matters.
5.01. Use of Improvements. The Improvements will be owned and operated by the City
and available for use by members of the general public on a substantially equal basis. The City
shall not enter into any lease, use or other agreement with any non-governmental person relating
to the use of the Improvements or security for the payment of the Bond which might cause the
Bond to be considered a “private activity bond” or a “private loan bond” within the meaning of
Section 141 of the Internal Revenue Code of 1986, as amended (the “Code”).
5.02. General Covenant. The City covenants and agrees with the owners from time to
time of the Bond that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bond to become includable in gross
income for federal income tax purposes under the Code and applicable Treasury Regulations (the
“Regulations”), and covenants to take any and all actions within its powers to ensure that the
interest on the Bond will not become includable in gross income for federal income tax purposes
under the Code and the Regulations.
5.03. Arbitrage Certification. The Mayor and the City Clerk-Treasurer, being the
officers of the City charged with the responsibility for issuing the Bond pursuant to this
Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in
accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the
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Regulations, stating that on the basis of facts, estimates and circumstances in existence on the
date of issue and delivery of the Bond, it is reasonably expected that the proceeds of the Bond
will be used in a manner that would not cause the Bond to be an “arbitrage bond” within the
meaning of Section 148 of the Code and the Regulations.
5.04. Arbitrage Rebate Exemption.
(a) The City hereby represents that the Bond qualifies for the exception for small
governmental units to the arbitrage rebate provisions contained in Section 148(f) of the Code.
Specifically, the City represents:
(1) Substantially all (not less than 95%) of the proceeds of the Bond (except for
amounts to be applied to the payment of costs of issuance or representing accrued
interest) will be used for local governmental activities of the City.
(2) The aggregate face amount of all “tax-exempt bonds” (including warrants,
contracts, leases and other indebtedness, but excluding private activity bonds and current
refunding bonds) issued by or on behalf of the City and all subordinate entities thereof
during 2019 is not reasonably expected to exceed $5,000,000. To date in 2019, the City
has issued no such tax-exempt bonds.
(b) If notwithstanding the provisions of paragraph (a) of this Section 5.04, the arbitrage
rebate provisions of Section 148(f) of the Code apply to the Bond, the City hereby covenants and
agrees to make the determinations, retain records and rebate to the United States the amounts at
the times and in the manner required by said Section 148(f).
5.05. Information Reporting. The City shall file with the Secretary of the Treasury, not
later than November 15, 2019, a statement concerning the Bond containing the information
required by Section 149(e) of the Code.
5.06. “Qualified Tax-Exempt Obligation.” Pursuant to Section 265(b)(3)(B)(ii) of the
Code, the City hereby designates the Bond as a “qualified tax-exempt obligation” for purposes of
Section 265(b)(3) of the Code. The City has not designated any obligations in 2019 other than
the Bond under Section 265(b)(3). The City hereby represents that it does not anticipate that
obligations bearing interest not includable in gross income for purposes of federal income
taxation under Section 103 of the Code (including refunding obligations as provided in Section
265(b)(3) of the Code and including “qualified 501(c)(3) bonds” but excluding other “private
activity bonds,” as defined in Sections 141(a) and 145(a) of the Code) will be issued by or on
behalf of the City and all “subordinate entities” of the City in 2019 in an amount greater than
$10,000,000.
Section 6. Authentication of Transcript. The officers of the City are hereby authorized
and directed to furnish to the Purchaser and to Bond Counsel certified copies of all proceedings
relating to the issuance of the Bond and such other certificates and affidavits as may be required
to show the right, power and authority of the City to issue the Bond, and all statements contained
in and shown by such instruments, including an y heretofore furnished, shall constitute
representations of the City as to the truth of the statements purported to be shown thereby.
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Section 7. Discharge.
7.01. General. When the liability of the City on the Bond issued under and secured by
this Resolution has been discharged as provided in this Section 7, all pledges, covenants and
other rights granted by this Resolution to the owners of such obligations shall cease.
7.02. Payment. The City may discharge its liability with reference to any Bond or
installment of interest thereon which is due on any date by depositing with the Registrar on or
before that date funds sufficient, or, if a City officer is the Registrar, mailing to the registered
owner of the Bond a check or draft in a sum sufficient and providing proceeds available, for the
payment thereof in full; or if any Bond or installment of interest thereon shall not be paid when
due, the City may nevertheless discharge its liability with reference thereto by depositing with
the Registrar funds sufficient, or, if a City officer is the Registrar, by mailing to the registered
owner thereof a check or draft in a sum sufficient and providing proceeds available, for the
payment thereof in full with interest accrued to the date of such deposit or mailing.
7.03. Prepayment. The City may also discharge its obligations with respect to any Bond
called for redemption on any interest payment date, by on or before that date depositing with the
Registrar funds sufficient, or, if a City officer is the Registrar, mailing to the registered owner of
the Bond a check or a draft in a sum sufficient and providing proceeds available, for the payment
of the principal installments to be redeemed and interest accrued thereon to the date of
redemption; provided that notice of such redemption has been duly given as provided herein or
irrevocably provided for.
7.04. Irrevocable Deposits. If an officer of the City is the Registrar, any deposit made
under this Section 7 with the Registrar shall be irrevocable and held for the benefit of the owners
of the Bond.
Section 8. Repeals and Effective Date.
8.01. Repeal. All provisions of other resolutions and other actions and proceedings of
the City and this Council that are in any way inconsistent with the terms and provisions of this
Resolution are repealed, amended and rescinded to the full extent necessary to give full force and
effect to the provisions of this Resolution.
8.02. Effective Date. This Resolution shall take effect immediately upon its passage and
adoption by this Council.
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PASSED AND ADOPTED by the City Council of the City of Laurel, Montana, this 20th
day of August, 2019.
Mayor
Attest:
City Clerk-Treasurer
(SEAL)
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EXHIBIT A
UNITED STATES OF AMERICA
STATE OF MONTANA
YELLOWSTONE COUNTY
CITY OF LAUREL
SPECIAL IMPROVEMENT DISTRICT NO. 119 BOND, SERIES 2019
Interest at the rate per annum specified below,
payable on the 1st day of January and the 1st day of July
in each year, commencing January 1, 2020.
No. R-1 $41,000
Interest Rate Maturity Date
Date of
Original Issue
3.95% July 1, 2039 August 30, 2019
REGISTERED OWNER: YELLOWSTONE BANK
PRINCIPAL AMOUNT: FORTY ONE THOUSAND DOLLARS
FOR VALUE RECEIVED, City of Laurel, Montana (the “City”), will pay to the
registered owner identified above, or registered assigns, the total principal amount specified
above, in principal installments on each January 1 and July 1, in the years and in the principal
amounts set forth on Schedule 1 hereto, solely from the Principal and Interest Account in the
District Fund, as authorized by Resolution No. R19-___, adopted August 20, 2019 (the
“Resolution”), all subject to the provisions hereinafter described relating to the redemption of
this Bond before maturity.
Unpaid principal installments of this Bond bear interest at the rate per annum specified
above from the date of original issue specified above, or from such later date to which interest
hereon has been paid or duly provided for, until the maturity date specified above or an earlier
date on which this Bond shall have been duly called for redemption by the City Clerk -Treasurer.
Interest on this Bond is payable semiannually on each January 1 and July 1, commencing
January 1, 2020, to the owner of record of this Bond appearing as such in the bond register as of
the close of business on the twentieth day (whether or not a business day) of the immediately
preceding month. This Bond represents all principal installments of the issue. The principal of
and interest on this Bond are payable in lawful money of the United States of America. Interest
is calculated on the basis of a 365-day year. The City Clerk-Treasurer shall initially serve as
Registrar for this Bond.
This Bond comprises an issue in the aggregate principal amount of $41,000 (the “Bond”),
and is issued pursuant to and in full conformity with the Constitution and laws of the State of
Montana thereunto enabling, including Montana Code Annotated, Title 7, Chapter 12, Parts 41
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and 42, as amended (the “Act”), and ordinances and resolutions duly adopted by the governing
body of the City, including the Resolution, for the purpose of financing the costs and expenses of
making certain local improvements (the “Improvements”) for the special benefit of property
located in Special Improvement District No. 119 (the “District”) and funding a deposit to the
Special Improvement Revolving Fund (the “Revolving Fund”). The Bond is issuable only as a
single, fully registered bond.
This Bond is payable from the collection of a special tax or assessment levied upon all
assessable real property within the boundaries of the District benefited by the Improvements, in
an aggregate principal amount not less than $41,000, except as such amounts may be reduced or
increased in accordance with provisions of Montana law. Such assessments constitute a lien
against the property against which they are made and levied and are to be deposited into the 2019
Special Improvement District No. 119 Fund of the City (the “District Fund”). The Bond is not a
general obligation of the City.
The City has validly established the Revolving Fund to secure the payment of certain of
its special improvement and sidewalk, curb, gutter and alley approach bonds and warrants,
including the Bond. The City has also agreed, to the extent permitted by the Act, to issue orders
annually, or more often as necessary, authorizing loans or advances from the Revolving Fund to
the District Fund, in amounts sufficient to make good any deficiency in the District Fund to pay
principal of or interest on the Bond, to the extent money is available in the Revolving Fund, and
to provide funds for the Revolving Fund by annually levying such tax or making such loan from
its general fund, subject to the limitation that no such tax levy or loan may in any year cause the
balance in the Revolving Fund to exceed legal limits based on a percentage of the principal
amount of the City’s then outstanding special improvement and sidewalk, curb, gutter and alley
approach bonds and warrants secured thereby and subject to the durational limitations specified
in the Act. While any property tax levy to be made by the City to provide funds for the
Revolving Fund is subject to levy limits under current law, the City has agreed in the Resolution
to levy property taxes to provide funds for the Revolving Fund to the extent described in this
paragraph and, if necessary, to reduce other property tax levies correspondingly to meet
applicable levy limits.
The principal installments of this Bond are subject to mandatory redemption on any
interest payment date if, after paying all principal and interest then due on the Bond, there are
funds to the credit of the District Fund, either from the prepayment of assessments levied in the
District or from the transfer of surplus money from the Construction Account to the Principal
Account, for the redemption thereof. In addition, the Bond is subject to redemption at the option
of the City at any time and from time to time, in whole or in part, at a redemption price equal to
the amount of the principal installments of the Bond to be redeemed plus interest accrued thereon
to the date of redemption. The date of redemption and the amount of principal installments of
the Bond to be redeemed shall be fixed by the City Clerk-Treasurer, who shall give notice by
first class mail, postage prepaid, to the owner or owners of the Bond at their addresses appearing
on the bond register, of the amount of principal installments of the Bond to be redeemed and the
date on which payment will be made, which date shall not be less than 30 days after the date of
mailing of notice. On the date so fixed interest on the principal installments of the Bond so
redeemed shall cease to accrue.
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If the Bond is prepaid in part, the Purchaser or then-registered owner of the Bond will
reamortize the principal remaining upon redemption and prepayment at the interest rate over the
then-remaining term in equal or substantially equal semiannual payments of principal and
interest. So long as the Bond is held by one registered owner, upon partial redem ption and
prepayment there shall be no need to exchange a new Bond for the unredeemed portion of the
existing Bond; provided that the amortization schedule attached as Schedule I to the form of the
Bond shall be replaced by an amortization schedule reflecting the reamortization of the principal
then outstanding in the manner described above.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by his attorney duly authorized in writing upon surrender
hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed
by the registered owner or his attorney. Upon such transfer, the City will cause a new Bond to
be issued in the name of the transferee or registered owner, of the same aggregate principal
amount, bearing interest at the same rate and with principal installments payable on the same
dates, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
The Bond has been designated by the City as a “qualified tax-exempt obligation”
pursuant to Section 265 of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
things required to be done precedent to the issuance of this Bond have been properly done,
happened and been performed in the manner prescribed by the laws of the State of Montana and
the resolutions and ordinances of the City of Laurel, Montana, relating to the issuance hereof.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by the manual signature of one of its authorized representatives.
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IN WITNESS WHEREOF, the City of Laurel, Montana, by its Cit y Council, has caused
this Bond to be executed by the facsimile signatures of the Mayor and the City Clerk-Treasurer,
and by the official seal of the City.
_____________________________
Mayor
_____________________________
City Clerk-Treasurer
(SEAL)
CERTIFICATE OF AUTHENTICATION
This Bond and the principal installments hereof have been registered as required by law
on the books of the City as of ________________, 2019.
CITY OF LAUREL, MONTANA,
as Registrar
By ______________________________________
City Clerk-Treasurer
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The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM — as tenants UTMA...........Custodian...............
in common (Cust) (Minor)
TEN ENT — as tenants
by the entireties
under Uniform Transfers to Minors
JT TEN — as joint tenants Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
with right of (State)
survivorship and
not as tenants in
common
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers
unto the within Bond and all rights and title thereunder,
and hereby irrevocably constitutes and appoints attorney to transfer the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE: NOTICE: The signature to this assignment
must correspond with the name as it appears
upon the face of the within Bond in every
particular, without alteration, enlargement
/ / or any change whatsoever.
SIGNATURE GUARANTEED
Signature(s) must be guaranteed by an
“eligible guarantor institution” meeting
the requirements of the Registrar,
which requirements include membership
or participation in STAMP or such other
“signature guaranty program” as may be
determined by the Registrar in
addition to or in substitution for STAMP,
all in accordance with the Securities
Exchange Act of 1934, as amended.
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SCHEDULE 1
DEBT SERVICE SCHEDULE
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158
Item Attachment Documents:
15. Resolution No. R19-46: Resolution Relating To Special Improvement District No. 119
Preliminary Levy Of Special Assessments On Property Within The District For The Purpose Of
Financing The Cost Of Certain Local Improvements.
159
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Laurel, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. R19-46, entitled: “RESOLUTION RELATING TO SPECIAL IMPROVEMENT
DISTRICT NO. 119; PRELIMINARY LEVY OF SPECIAL ASSESSMENTS ON PROPERTY
WITHIN THE DISTRICT FOR THE PURPOSE OF FINANCING THE COST OF CERTAIN
LOCAL IMPROVEMENTS” (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 August 20, 2019, 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:
; voted against the same: ;
abstained from voting thereon: ;
or were absent: .
WITNESS my hand officially this 20th day of August, 2019.
City Clerk-Treasurer
160
RESOLUTION NO. R19-46
RESOLUTION RELATING TO SPECIAL IMPROVEMENT
DISTRICT NO. 119; PRELIMINARY LEVY OF SPECIAL
ASSESSMENTS ON PROPERTY WITHIN THE DISTRICT
FOR THE PURPOSE OF FINANCING THE COST OF
CERTAIN LOCAL IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Laurel, Montana (the “City”), as
follows:
Section 1. The District; the Improvements. The City has created a special improvement
district pursuant to Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended
(the “Act”), denominated Special Improvement District No. 119 (the “District”), and undertaken
certain local improvements in the District (collectively, the “Improvements”) to benefit property
located therein.
Section 2. The Bonds. Pursuant to the Act, the City will issue its special improvement
district bonds drawn on the District, denominated “Special Improvement District No. 119 Bond,
Series 2019,” in the original aggregate principal amount of $41,000 (the “Bond”), to finance a
portion of the costs, including incidental costs, of the Improvements. The Bond is payable
primarily from special assessments to be levied against property in the District.
Section 3. Methods of Assessment. Pursuant to Resolution No. R19-14, adopted by this
Council on May 7, 2019, which constitutes the resolution of intention to create the District, this
Council determined to levy special assessments to pay the costs of the Improvements on the
basis or bases therein provided as authorized by the Act.
This Council hereby ratifies and confirms that the assessment of costs of the specific
Improvements against the properties benefited thereby as prescribed by such resolution of
intention 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, and
the special assessments authorized by this resolution are in accordance with the methods and do
not exceed the amounts prescribed by the resolution of intention.
Section 4. Proposed Levy of Assessments. (a) The special assessments for the costs of
the Improvements shall be levied and assessed against properties in the District in accordance
with the methods of assessments referred to in Section 3. Such assessments shall be payable
over a term not exceeding 20 years, each in substantially equal semiannual payments of principal
and interest. Property owners shall have the right to prepay the special assessments as provided
by law.
(b) The special assessments shall bear interest from the date of delivery of the Bond until
paid at a rate equal to 4.45% per annum, which is equal to the sum of (i) 3.95% (the interest rate
payable on the Bond), plus (ii) one-half of one percent (0.50%) per annum.
(c) Exhibit A to this Resolution (which is hereby incorporated herein and made a part
hereof) contains a description of each lot, tract or parcel of land in the District to be assessed, the
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name of the owner, if known, the total amount of the special assessment levied against each lot,
tract or parcel, the amount of each partial pa yment of the special assessment, and the day when
each such partial payment shall become delinquent (the “Assessment Roll”).
(d) The Assessment Roll is preliminary and is subject to consideration by this Council of
the objections, if any, from owners of property in the District following the public hearing
provided for in Section 7.
Section 5. Filing of Resolution. This resolution shall be kept on file in the office of the
City Clerk-Treasurer and shall be open to public inspection.
Section 6. Notice of Proposed Levy of Assessments. The City Clerk-Treasurer is hereby
authorized and directed to cause a copy of the notice of the passage of this resolution,
substantially in the form of Exhibit B hereto (which is hereby incorporated herein and made a
part hereof), (i) to be published twice in a newspaper meeting the requirements of Montana Code
Annotated, Section 7-1-4127, with not less than six days between each publication, (ii) to be
mailed to the owner of each lot, tract or parcel of land to be assessed (to be determined from the
last completed assessment roll for state, county, and school district taxes); and (iii) to be mailed
to such other persons or entities known by the City Clerk-Treasurer to have an ownership interest
in such lots, tracts or parcels (including, without limitation, mortgagees and vendees under
contracts of deed). The time for the public hearing may not be less than ten days after the final
publication and the mailing of the notice.
Section 7. Public Hearing; Objections. This Council shall meet on Tuesday, September
17, 2019, at 6:30 p.m., in Council Chambers, at 115 West First Street, in Laurel, Montana, for
the purpose of conducting a public hearing on the levying and assessment of the special
assessments in the Districts and considering the objections, if any, of the property owners to the
levying and assessment of the special assessments.
ADOPTED by the City Council of the City of Laurel, Montana, this 20th day of August,
2019.
Mayor
Attest:
City Clerk-Treasurer
162
1 Dollar amounts exclude interest on the principal amount of the assessments. Interest on the assessments accrues at 4.45%. The total principal amount of the assessments, absent
prepayment, will be spread over 20 years in substantially equal installments of principal and interest.1
EXHIBIT A
LOT
NUMBER TAX ID OWNER ADDRESS LEGAL
TOTAL
PRINCIPAL
ASSESSMENT
TOTAL AGGREGATE
PRINCIPAL
ASSESSMENTS DUE
NOVEMBER 30 DURING
BOND TERM
All Nov. assessments
delinquent after
11/30/19 and each
anniversary thereof
through 11/30/20381
TOTAL AGGREGATE
PRINCIPAL
ASSESSMENTS DUE
MAY 31 DURING BOND
TERM
All May assessments
delinquent after
05/31/2020 and each
anniversary thereof
through 05/31/20391
1
B011010 Grutsch, Bryan M
102 E 6th Street Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 21, Lot 14A, AMD (13) $ 434.07 $217.04 $217.03
2
B01101A Lind, James L & Denise I
106 E 6th Street Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 21, Lot 15A, AMD (13) $ 432.00 $216.00 $216.00
3
B011020 Rivera, Tabatha
112 E 6th Street Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 21, Lot 16, W60' LT 16-17 N25' & W60' LT 18 $ 2,076.60 $1,038.30 $1,038.30
4
B011030 Baney, Mike E & Jan L
116 E 6th Street Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 21, Lot 16, E80' LT 16-17 S5' & W60' LT 18 $ 483.44 $241.72 $241.72
5
B011120 Maack, Thomas & Kami L
519 Montana Ave Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 22, Lot 13, LT 14-15 N5' LT 13 $ 9,918.28 $4,959.14 $4,959.14
6
B011130 Luce, Melinda
520 Colorado Ave Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 22, Lot 16, N2 LT 17 $8,932.71 $4,466.35 $4,466.36
163
1 Dollar amounts exclude interest on the principal amount of the assessments. Interest on the assessments accrues at 4.45%. The total principal amount of the assessments, absent
prepayment, will be spread over 20 years in substantially equal installments of principal and interest.2
LOT
NUMBER TAX ID OWNER ADDRESS LEGAL
TOTAL
PRINCIPAL
ASSESSMENT
TOTAL AGGREGATE
PRINCIPAL
ASSESSMENTS DUE
NOVEMBER 30 DURING
BOND TERM
All Nov. assessments
delinquent after
11/30/19 and each
anniversary thereof
through 11/30/20381
TOTAL AGGREGATE
PRINCIPAL
ASSESSMENTS DUE
MAY 31 DURING BOND
TERM
All May assessments
delinquent after
05/31/2020 and each
anniversary thereof
through 05/31/20391
8
B011260 Philhower, Corwin
312 E 6th Street Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 23, Lot 16, W2 LT 16-17 $ 2,104.47 $1,052.24 $1,052.23
9
B011250 Schreiner, David D & Karen Ann
520 Pennsylvania
Ave
Laurel Realty Second Subd, S09, T02 S, R24E,
Block 23, Lot 16, E2 LT 16-17 $ 3,377.10 $1,688.55 $1,688.55
10
B01136A Bailey, Richard W & Julie K
519 Pennsylvania
Ave
Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 24, Lot 14-15 $6,403.55 $3,201.77 $3,201.78
11
B011370 Schmidt, Heidi L
412 E 6th Street Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 24, Lot 16A $ 4,550.64 $2,275.32 $2,275.32
12
B011380 Franks, Greg D & Wendy M
520 Wyoming Ave Laurel Realty Second Subd, S09, T02 S, R24 E,
Block 24, Lot 17A $ 2,287.14 $1,143.57 $1,143.57
$41,000.00 $20,500.00 $20,500.00
164
B-1
EXHIBIT B
NOTICE OF PROPOSED LEVY OF SPECIAL ASSESSMENTS IN
SPECIAL IMPROVEMENT DISTRICT NO. 119
CITY OF LAUREL, MONTANA
NOTICE IS HEREBY GIVEN that on August 20, 2019, the City Council of the City of
Laurel, Montana (the “City”), adopted a resolution proposing to levy and assess special
assessments against benefited property in Special Improvement District No. 119 in the City for
the purpose of financing the costs of certain local improvements and paying costs incidental
thereto.
A complete copy of the resolution, which includes the proposed assessment rolls for the
district and the principal amount of each special assessment, is on file with the City Clerk-
Treasurer and is available for public inspection.
On September 17, 2019, at 6:30 p.m., in Council Chambers, at 115 West First Street, in
Laurel, Montana, the City Council will conduct a public hearing and pass upon all objections,
whether made orally or in writing, to the proposed levy of the special assessments.
Further information regarding the special assessments or other matters in respect thereof
may be obtained from the City Clerk-Treasurer at 115 West First Street, Laurel, Montana or by
telephone at 406-628-7431 ext. 2.
Dated: August 20, 2019.
BY ORDER OF THE CITY COUNCIL
OF THE CITY OF LAUREL, MONTANA
City Clerk-Treasurer
(Publication Dates: August 29, 2019 and September 5, 2019)
(Mailing Date: August 29, 2019)
165
Item Attachment Documents:
16. Resolution No. R19-47: A Resolution Accepting the Proposal Submitted by High Point
Networks to Provide the City's Voice Over Internet Protocol (VOIP) Service and Support
Services and Authorizing the Mayor to Execute a Contract With High Point Networks for Such
Services.
166
R19-47 Voice Over Internet Protocol (VOIP) Service and Support Services
RESOLUTION NO. R19-47
A RESOLUTION ACCEPTING THE PROPOSAL SUBMITTED BY HIGH POINT NETWORKS
TO PROVIDE THE CITY’S VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE AND
SUPPORT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
HIGH POINT NETWORKS FOR SUCH SERVICES.
WHEREAS, the City of Laurel published a Request for Proposals (“RFP”) seeking proposals from
qualified companies to provide the City’s Voice Over Internet Protocol (VOIP) Service and Support
Services as published in the City’s RFP; and
WHEREAS, the City publicly opened the responses to the RFP, and considered the proposals
submitted by qualified companies and has determined that it is in the best interest of the City to select the
successful company that appeared most qualified, available and the most affordable; and
WHEREAS, the City Staff is recommending the Council select High Point Networks as the
company to provide the services sought by the City through the RFP process.
NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of Laurel, Montana, that
the City Council hereby accepts the proposal submitted by High Point Networks; and
BE IT FURTHER RESOLVED, the City Council hereby authorizes the Mayor to execute a
contract for the services and costs provided in the RFP on the City’s behalf.
Introduced at a regular meeting of the City Council on August 20, 2019, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 20th day of August 2019.
APPROVED by the Mayor this 20th day of August 2019.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
167
PREPARED FOR:
City of Laurel
Bethany Langve
115 West First Street
Laurel, MT 59044
cityclerk@laurel.mt.gov
PREPARED BY:
Mike Felten
High Point Networks, LLC.
Direct/Mobile/Fax: 406-281-7222
mike.felten@highpointnetworks.com
PROPOSAL
PROPOSAL NAME:PROPOSAL DATE:Mitel Phone System August 13, 2019
168
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Mitel Summary
NOTE - Pricing is based on NJPA / Sourcewell discounts
Completion Date: 2019 TBD
P.O.C(s): Matt Lurker
Site Address: 115 West First Street, Laurel, MT 59044
Project Brief: Phone System RFP to replace existing Voice Platform at multiple sites and install a Mitel Connect solution
to link all sites together to communicate on a 4-digit dial plan.
System Configuration Summary:
Sites: 7, FAP, City Hall, Library, Shop, Water Wastewater, Pool. Shop and Pool do not have internet and will continue to
use analog lines and existing phones.
IP Stations:49 Total not including City Shop and Pool. 15 -FAP, 22-City Hall, 3-Library, 7-Water, 2-Wastewater.
Analog Stations: 6
T1-PRI/SIP Trunks: 1 PRI T1 located @ FAP
Standard Analog Trunks: 13
Fax Line: 6
Server: Physical server, with Virtual (VMWare 5.5 – 6.5)
Virtual Appliances: Virtual Spare, Virtual Service Appliance
Advance Applications: None
User Licenses
Connect Essentials: 42 – Includes Ext+Mbx, Connect desktop client with IM, collaboration, softphone and video. Also
includes Web and App dialer
Connect Advanced: 3 – Includes Ext+Mbx, Connect desktop and mobility client with IM, collaboration, softphone and
video. Also includes Web and App Dialer, Remote Phone, CRM client integration and
Operator.
Connect Courtesy: 4 – Includes Ext Only with no Connect client capability
Methodology
Installation: 6 Phase Installation plan – Voice communication system analysis and ordering, Environmental and
infrastructure analysis and upgrade, Resource scheduling and tracking, System load and
configuration, Installation Readiness Review, Cutover
Admin/End User Training: Included in professional services estimate and will be scheduled during the Project Kick-off call.
End User Training
a. 90 Min training classes will cover the VoIP Phone and PC Client.
b. 15-20 end users per class max.
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
169
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Admin Training
a. 4 Hour Administrator training will be provided following the system cutover.
b. Admin Training will cover how to manage your system for every day to day maintenance and changes.
TRAINING:
·All end user training to be provided onsite by an HPN Mitel certified trainer.
·Operator/Reception training will be provided only to Operator/Reception staff, as well as IT members that will be
supporting.
·Training classes will utilize 8-10 of the purchased IP Phones from this project to be setup in the assigned training
room for hands on training.
·Overhead projector or a TV will be needed to aid in the PC Connect Client portion of the training.
·Our trainer will provide a POE switch to MiVoice Connect all the training phones for the duration of the training
class.
·We Recommend a class schedule to be discussed and posted for employees to sign up for an available class that
will fit their day-to-day work schedule.
Handouts will be provided to every user that attends the training session, and extras will be left to be used for future
reference.
Scope of Work:
HPN Responsibilities:
·Project Management
·Discovery and Call Flow for System Configuration
·Configuration of L2/L3 Network Configuration
a.Voice VLAN Configuration
b.IP Address Configuration
c.DHCP scope Configuration
·Configuration of Windows Server for the MiConnect Director server
a.VM 5.5/6.0/6.5
b.Windows 2012R2 Server
·Remote – Configuration of MiConnect Switch(s) and any other Peripheral appliance(s)
·Remote – Programming of MiConnect Director based on baseline configuration approved by customer
·Onsite Installation
a.MiConnect Switches, Wall Racks, Termination Blocks, and prepping for Cutover
b.IP Phone placement and IP Phone Wall Mounts
c.Verify/Test system Trunk(s), Call Flow, Analog devices, paging and etc.
Onsite – Network assessment of Voice Network
·Assistance with MiConnect PC Client rollout via GPO/AD
·Onsite – Instructor Lead End User training
·Onsite – System Trunk cutover and Testing of System operation
·Onsite – First Day Support to verify System is operating as designed
·Remote – Administrator Training – 4hr
·10 days Post Install Support of moves/adds/changes
·Project Documentation
Client Responsibilities:
·Provide Detailed User Information
·Provide Detailed Trunk Information
·Provide Building Layout Map for Phone Placement/Cabling requirements
·Power Source - Recommend Adequate dedicated or UPS power to ensure all racked equipment is on UPS power.
·Rack Space – MiConnect Switches are at 1U height and can combine two switches into a 1U Tray
·DHCP Server configuration to Connect Specification
·Music on hold source or files, or Standard MiConnect MOH can be used.
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
170
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
·Training sign-up sheets for end users to attend Training Class
·Training area
Exclusions:
·Any other work requested outside of this Scope of Work
·Cabling services are not included in this Scope, if Cabling is required an additional Quote will need to be
approved, or Customer is to source Cabling contractor to complete prior to our Initial Onsite visit
·PC updates or patches for Connect Client, these will need to be done prior to our initial Onsite visit
·All IP Phones ship with a desktop bracket, wall brackets do NOT come standard, if additional brackets are needed
they will be billed separately
·Paging bell/PA System
·Legacy System disposal
·Legacy system wiring disposal
·All IP phones include 7 foot patch cord, if longer patch cable required, additional patch cable will be invoiced
·Additional/All fees for dedicated fax lines and analog trunks from carrier
Change Control
In the event that it becomes necessary to alter the scope of work, High Point Networks will initiate contact with the company's point of contact to work
out the details associated with impacts to schedules, deliverables and/or financial commitments. No changes to the scope of work will occur without
prior authorization.
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
171
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Response for City of Laurel VOIP RFP. Actual phones, licenses, hardware, etc. will be verified when HPN is selected. Pricing will
be revised to reflect actual numbers. Discount pricing is good for 30 days after completion of the project.
Qty Item Description Price Ext. Price
Hardware / Phones / Licenses
1 60186 Connect Small Business Edition 100 HW bundle, digital trunking without
server. Includes ST100DA and rack-mount tray.
$1,574.59 $1,574.59
1 60196 Connect Small Business Edition 100 SW bundle, 50 users. Includes 50
Essentials, 1 Courtesy license bundles, 1 Operator license, 24 SIP Trunk
licenses, 4 Additional Site license.
$3,018.29 $3,018.29
The phone switch in this bundle will be placed at City Hall and phones at FAP will register to it.
3 10580 Voice Switch ST50A,$1,371.95 $4,115.85
Mitel phone switch for Water, Wastewater and Library
3 10223 Kit, rack mounting tray, for ShoreGear Switch 1U h.$75.00 $225.00
1 60047 Analog Harmonica and Cable $75.00 $75.00
3 10304 Shoretel VM Guide Manual Pack/25 $10.00 $30.00
3 10503 ShoreTel 480/480g IP Phone Quick Reference, Doc. Pack, Qty 25 $10.00 $30.00
42 10577 Mitel IP Phone IP480g - Requires ST 14 or later.$202.50 $8,505.00
Standard phone with grey scale screen and 8 programmable buttons. Includes 2 for spares
3 10384 Shoretel IP930D DECT Phone, includes base, handset and charger.$328.72 $986.16
Mobile handsets for use at Water and Wastewater
5 10389 ShoreTel Handset : IP930D DECT Phone (Add-on) - includes handset
charger - Requires ST 14 or later
$109.21 $546.05
Additional handsets and chargers (no base) for Water and Wastewater.
3 10449 Radio Repeater : IP930D DECT Phone -Requires ST 14 or later $136.65 $409.95
Repeaters for Water and Wastewater for the portable handsets.
2 30044 Additional Site License.$271.65 $543.30
3 30149 Connect ONSITE Advanced license bundle. Includes Ext+Mbx, Connect
desktop and mobility client with IM, collaboration, softphone and video.
Also includes Web and App Dialer, Remote Phone, CRM client integration
and Operator.
$273.84 $821.52
3 30145 Connect ONSITE Courtesy license. Includes Extension Only with no
Connect client capability
$54.33 $162.99
1 18008 ShoreWare Emergency Notification, 5 or fewer $1,207.32 $1,207.32
Notifies designated users (5 or less) if someone dials 911 within the City offices.
6 10553 IP Phone POE Power Adapter, 10/100/1000 Mbit Ethernet with IEC-C5
cord (North America)
$35.00 $210.00
To power the phones at the Library and Wastewater.
2*10580 Voice Switch ST50A,$1,371.95 $2,743.90
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
172
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Qty Item Description Price Ext. Price
Hardware / Phones / Licenses
Additional switches for Pool and City Shop (optional)
16 30043 SIP Trunk Software License $50.00 $800.00
*Optional Amount:$2,743.90
Subtotal:$23,261.02
Qty Item Description Price Ext. Price
Misc. Equipment
1 Misc MISC Termination Equipment and cables. Only invoiced if needed $300.00 $300.00
2 WALLSHELF4U Wall-Mount Server Rack with Built-in Shelf - Solid Steel - 4U - rack (wall
mount) - 4U
$125.00 $250.00
Subtotal:$550.00
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
173
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Qty Item Description Price Ext. Price
Network Switches
1 16535 Extreme Networks X440-G2 X440-G2-48p-10GE4 - Switch - managed -
48 x 10/100/1000 (PoE+) + 2 x 1 Gigabit / 10 Gigabit SFP+ + 4 x combo
SFP - rack-mountable - PoE+
$3,513.41 $3,513.41
PoE network switch at City Hall for City Hall and FAP
Extreme Product Warranty / Support Summary of Entitlements for Extreme 440 G2 Series switches
WARRANTY
Limited Lifetime Warranty With Express Advanced Hardware Replacement
DURATION OF WARRANTY PERIOD
Product Lifetime
ACCESS TO EXTREME GLOBAL TECHNICAL ASSISTANCE SUPPORT
Product Lifetime (8 AM to 5 PM, Monday to Friday local End User's time)
Customer is entitled as part of this warranty to utilize Extreme warranty support line via email, Web form or telephone
available from 8 AM to 5 PM (Monday to Friday) local End User's time for basic hardware and operational software
troubleshooting assistance in connection with warranty claims, including RMA’s (excluding installation, confguration and
general networking troubleshooting).
E-SUPPORT
Product Lifetime
SOFTWARE/FIRMWARE SUPPORT
Product Lifetime for Base Operational Software Updates and Upgrades (Base Operational Software — Embedded
software that is required to operate an Extreme-branded network device and is o?ered for sale as an inclusive
component of such hardware network device product as further described in Extreme’s published price list applicable to
such hardware product (“Covered Product”)
HARDWARE REPLACEMENT
Advanced exchange replacement hardware shipped next business day from RMA approval time
1 16533 Extreme Networks ExtremeSwitching X440-G2 X440-G2-24p-10GE4 -
Switch - managed - 24 x 10/100/1000 (PoE+) + 4 x 1 Gigabit / 10 Gigabit
SFP+ + 4 x combo SFP - rack-mountable - PoE+
$2,221.95 $2,221.95
PoE Network switch for Water
2 10304 10 Gigabit Ethernet SFP Passive Cable Assembly 1m Length $95.00 $190.00
For connection between City Hall and FAP
2 10099 Power Cord, 13A, NEMA 5-15, IEC320-C15;$29.00 $58.00
1 16531 Extreme Networks X440-G2-12p-10GE4 $1,575.61 $1,575.61
Subtotal:$7,558.97
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
174
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Qty Item Description Price Ext. Price
Server
1 VS6-ESSL-KIT-C VMware vSphere Essentials Kit ( v. 6 ) - license - 3 hosts, maximum 2
processor/host
$495.00 $495.00
1 VS6-ESSL-SUB-C VMware vSphere Essentials Kit - ( v. 6 ) - subscription license ( 1 year )$65.00 $65.00
1 210-AQUB Dell Poweredge R340 Server $3,829.27 $3,829.27
PowerEdge R340 Server
Trusted Platform Module 2.0
3.5" Chassis with up to 4 Hot Plug Hard Drives
Intel® Xeon® E-2134 3.5GHz, 8M cache, 4C/8T, turbo (71W)
16GB 2666MT/s DDR4 ECC UDIMM
C4, RAID 5 for 3 or more HDDs or SSDs (Matching Type/Speed/Capacity)
PERC H730P RAID Controller, 2Gb NV Cache, Adapter
(4) 1TB 7.2K RPM SATA 6Gbps 512n 3.5in Hot-plug Hard Drive
On-Board Broadcom 5720 Dual Port 1Gb LOM
iDRAC9,Enterprise
2x 32GB microSDHC/SDXC Card
No Internal Optical Drive
ReadyRails™ Static Rails for 2/4-post Racks
No Bezel
Performance BIOS Setting
(2) NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America
Dual, Hot-plug, Redundant Power Supply, 350W
No Systems Documentation, No OpenManage DVD Kit
VMware ESXi 6.5 U2 Embedded Image on Flash Media
UEFI BIOS Boot Mode with GPT Partition
ISDM and Combo Card Reader
PCIe Riser with Fan with up to 1 FH/HL, x8 PCIe + 1 LP, x4 PCIe Gen3 Slots
3 Years, Basic Hardware Warranty Repair: 5x10 HW-Only, 5x10 Next Business Day Onsite
Subtotal:$4,389.27
Qty Item Description Price Ext. Price
3 year Gold Support
2770 91303-G High Point Networks ShoreCare Partner Support Gold (3 Years paid
annually, No Phones)
$1.05 $2,908.50
This amount to be paid anually for 3 years.
Subtotal:$2,908.50
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
175
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Qty Item Description Price Ext. Price
HPN Service Bundle
1 PROSERVE-PKG High Point Networks Professional Services defined in the pdf online or
above in this document
$23,500.00 $23,500.00
Subtotal:$23,500.00
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
176
Mitel Phone System
Quote #: 079755
Version: 2
Delivery Date: 08/13/2019
Expiration Date: 08/31/2019
Quote Information:
Prepared for:Prepared by:
High Point Networks, LLC
Mike Felten
Direct: 406-281-7222
mike.felten@highpointnetworks.com
City of Laurel
Attn: Bethany Langve
115 West First Street
Laurel, MT 59044
Description Amount
Quote Summary
Hardware / Phones / Licenses $23,261.02
Misc. Equipment $550.00
Network Switches $7,558.97
Server $4,389.27
3 year Gold Support $2,908.50
HPN Service Bundle $23,500.00
Total:$62,167.76
Description Amount
*Optional Items
Hardware / Phones / Licenses $2,743.90
Optional Subtotal:$2,743.90
For questions related to your quotation, please contact us using the information above. By signing below, the undersigned accepts High Point Networks Master Service Agreement and represents that he or she is
authorized to execute the agreement on behalf of the customer. Acceptance of the quote online is considered acceptance of an offer and binding. All quotes are subject to shipping costs that may not be listed on the
quote. Prices quoted are valid for 30 days from Quotation Date. Limitation of Liability for Consequential Damages. High Point Networks, LLC shall not be liable for any indirect, incidental, consequential, exemplary, or
punitive damages of any kind or nature. All projects exceeding 10 hours of service will require a 50% down payment of the total project due upon acceptance of the quotation and the remainder due within 30 days of
completion. Payment for all other orders are due in 30 days subject to credit approval. Credit card usage as a form of payment may be accepted on pre-approval basis and may be subject to a convenience fee.
"Optional" items on the above quote are not included in the total pricing at the bottom of the quote. Note: Once product is ordered and shipped there is NO right of return and may be subject to a restocking fee.
Product cannot be returned if ordered in error. Product cannot be returned if next generation product has been released.
Signature Date
145 Regal Street Suite 8, Billings, MT 59101 : www.HighPointNetworks.com
177