HomeMy WebLinkAboutCity Council Packet 02.11.2020
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 11, 2020
6:30 PM
CITY COUNCIL CHAMBERS
NEXT RES. NO.
R20-05
NEXT ORD. NO.
O20-02
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 time s 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 fro m 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 Coun cil. 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 January 28, 2020.
Correspondence
2. Laurel Airport Authority Minutes of November 26, 2019.
Council Disclosure of Ex Parte Communications
Public Hearing
3. East Downtown Infrastructure Improvement Project Public Hearing
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." (See Section 12.) 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 January 2020.
5. Clerk/Treasurer Financial Statements for the month of December 2019.
6. Approval of Payroll Register for PPE 1/26/2020 totaling $167,901.42.
7. Approval of Workshop Minutes of January 21, 2020.
Ceremonial Calendar
Reports of Boards and Commissions
8. Budget/Finance Committee minutes of January 28, 2020.
Cemetery Commission minutes of December 18, 2020.
Public Works Committee minutes of January 22, 2020.
Safety Committee minutes of January 28, 2020.
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Park Board minutes of January 2, 2020.
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. Appointment of Colton McCleary and Kently Kuntz to the Laurel Volunteer Fire Department.
10. Resolution No. R20-05: A Resolution Of The City Council Authorizing City Staff To
Nominate Riverside Park For Inclusion On The National Registry Of Historic Places.
11. Resolution No. R20-06: Resolution Approving Certain Public Infrastructure Improvements In
The Laurel Urban Renewal District As An Urban Renewal Project; Making Findings With
Respect Thereto And Approving The Issuance Of Tax Increment Urban Renewal Bonds To
Pay Costs Thereof; Preliminarily Authorizing The Issuance And Private Negotiated Sale Of
Bonds And Authorizing The Process For Selecting A Purchaser Thereof
12. Resolution No. R20-07: A Resolution Authorizing The Mayor To Execute A Contract For The
City’s Prosecutor Duties Between The City Of Laurel And Lore Law Firm PLLC.
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 limit ed 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 January 28, 2020.
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Item Attachment Documents:
2. Laurel Airport Authority Minutes of November 26, 2019.
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Item Attachment Documents:
7. Approval of Workshop Minutes of January 21, 2020.
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Item Attachment Documents:
8. Budget/Finance Committee minutes of January 28, 2020.
Cemetery Commission minutes of December 18, 2020.
Public Works Committee minutes of January 22, 2020.
Safety Committee minutes of January 28, 2020.
Park Board minutes of January 2, 2020.
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, January 28, 2020
Members Present: Emelie Eaton Scot Stokes
Richard Klose
Others Present: Mayor Nelson Bethany Langve
The Meeting was called to order by Chair Eaton at 5:33 pm.
Public Input: Citizens may address the committee regarding any item of business that is not on the
agenda. The duration for an individual speaking under Public Input is limited to three minutes. While
all comments are welcome, the committee will not take action on any item not on the agenda.
General Items
• Review and approve the minutes of the January 14, 2019 meeting. Richard Klose made a
motion to approve the minutes of the January 14, 2019 Budget and Finance Committee
meeting. Emelie Eaton seconded the motion to approve the January 14, 2019 Budget and
Finance Committee meeting minutes, all in favor, motion passed.
• Review and approve purchase requisition from the Solid Waste Department for the addition
of shipping to a previously approved purchase requisition. The Clerk/Treasurer explained
that the Committee had previously approved the purchase of an arm valve, for the G-10
Garbage Truck, on December 23, 2019. When the invoice arrived, there was a shipping
charge of $213.18. This shipping charge was not previously approved on the original
purchase requisition. Richard Klose made a motion to approve the purchase requisition from
the Solid Waste Department for the addition of shipping charges for the arm valve delivery.
Scot Stokes seconded the purchase requisition from the Solid Waste Department for the
addition of shipping charges for the arm valve delivery, all in favor, motion passed.
• Review and approve the December 2019 Journal Vouchers. The December 2019 Journal
Vouchers were moved to the February 11th Budget and Finance Committee meeting as
December has not been closed out yet.
• Review and approve the December 2019 Financial Statements. The December 2019
Financial Statements were moved to the February 11th Budget and Finance Committee
meeting as December has not been closed out yet.
• Review and approve the December 2019 Month End Balancing Sheet. The December 2019
Month End Balancing Sheet was moved to the February 11th Budget and Finance Committee
meeting as December has not been closed out yet.
• Review and recommend approval to Council Claims entered through 01/24/2020. Scot
Stokes had previously reviewed the Claims Detail report and the Check Register for
accuracy. There was a question regarding gaming chars purchased by the Fire Department.
The Clerk/Treasurer explained that they were an office style chair and not a video gaming
chair. She printed out a picture for the Committee to review. The Committee again asked
about the meal pay/drill pay payments to the Fire Association. The Clerk/Treasurer stated
that this has been discussed on the past, however the Fire Chief can explain this better than
she can. She stated she didn’t want to mess up the explanation or get it wrong, and the Fire
Chief knows far better than she does. The Mayor stated that if the Committee wants he can
ask the Fire Chief to attend the February 11th meeting. The Committee stated they would like
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the Fire Chief to attend the February 11th meeting to explain the meal pay/drill pay to them.
The Mayor stated he would ask the Fire Chief or one of his representatives to attend the
February 11th meeting. There were no further questions or comments regarding the claims.
Scot Stokes made a motion to recommend approval to Council the claims entered through
01/24/2020, Richard Klose seconded the motion, all in favor, motion passed.
• Review and approve Payroll Register for pay period ending 01/12/2020 totaling $197,101.50.
The two-page summary was reviewed, signed and dated. Scot Stokes made a motion to
approve the payroll register for pay period ending 01/12/2020 totaling $197,101.50. Richard
Klose seconded the motion, all in favor, motion passed.
New Business - None
Old Business – none
Other Items
• Review the Comp/Overtime Report for pay period ending 01/12/2020. The Committee
reviewed the report and had no questions or comments.
• The Clerk/Treasurer stated that the SEG CD will mature in February. It will gain $2,504.99
in interest, and rollover for another 12 months. She also stated that the VOIP switches will
be installed on the 17th of February. That is a holiday, however the Clerk/Treasurer will be
onsite to assist with anything the vendor or IT provider may need.
• The Mayor stated that he had nothing to discuss at this time.
• The Committee stated that Laurel Ford had bought out Rimrock Chevrolet. There was a
question regarding have two signs at the location. The Mayor stated that question should go
to the City Planning Director.
Announcements –
• The next Budget and Finance Meeting will be held on Tuesday February 11, 2020 at 5:30pm
• Bruce McGee will be reviewing claims for the next meeting
Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the
Council for the listed workshop agenda items.
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Item Attachment Documents:
10. Resolution No. R20-05: A Resolution Of The City Council Authorizing City Staff To
Nominate Riverside Park For Inclusion On The National Registry Of Historic Places.
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R20-05 Nomination of Riverside Park to National Register of Historic Places
RESOLUTION NO. R20-05
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING CITY STAFF TO
NOMINATE RIVERSIDE PARK FOR INCLUSION ON THE
NATIONAL REGISTRY OF HISTORIC PLACES.
WHEREAS, the City of Laurel, Montana has the vested power, authority and jurisdiction over the
City Park known as Riverside Park which has been annexed into the City and is located adjacent to
the Yellowstone River in Laurel Montana; and
WHEREAS, the City, by and through its staff, would like to develop and submit a National Register
Nomination to the State Historic Preservation Office and the National Park Service, keeper of the
National Register of Historic Places, to include all of Riverside Park on the national registry to include
the land, site, structures and cultural resources of the Park; and,
WHEREAS, nomination to the National Register of Historic Places is widely regarded as an honor
that contributes to community pride, establishes a sense of place among residents, owners and visitors,
and will assist the City in its goal of sharing the legacy of Riverside Park with the broader community.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes City Staff to
prepare and submit a National Register Nomination for Riverside Park; and
BE IT FURTHER RESOLVED, the Mayor is authorized to execute any and all documents and
applications required for submission of the nomination on the City’s behalf.
Introduced at a regular meeting of the City Council on February 11, 2020, by Council Member
______________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana,
this 11th day of February 2020.
APPROVED by the Mayor this 11th day of February 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
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CITY HALL
115 W. 1ST ST.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the City Planner
January 17, 2020
Regarding the Recommendation of Riverside Park for Inclusion on the National Registry of
Historic Places
Mr. Mayor,
After reviewing the federal guidelines, resources, and information available regarding inclusion
on the National Registry of Historic Places I am in support of placing Riverside Park on the
National Registry of Historic Places (NRHP). There have been many concerns about the NRHP
designation previously raised regarding:
Floodplain regulations,
Design and improvement constraints, and
Federal oversight of local efforts.
The National Floodplain Insurance Program (NFIP) has specific regulations for structures
regarding substantial improvement for both upgrades and repairing damage. Historic structures
do not have to meet floodplain management requirements so long as they maintain their historic
structure designation (44 CFR 49.1). The NFIP provides exemptions and variances for historic
structures that localities can implement for their jurisdictions. The NFIP recommends
considering improved construction and mitigation measures during rehabilitation despite their
exemption from floodplain management requirements. The Laurel Floodplain Hazard
Management Regulations updated in 2018 presents a basic variance process for historically
designated structures which matches the NFIP program. This is described in Section 12.4.2.2.
Inclusion on the National Register of Historic Places does not overlay restrictions on a property
owner nor does it mandate the preservation of that property in the future. Activities such as
demolition, structural upgrades, replacement of features, and rehabilitation are all allowable by
the building or site owner.
Communities have the option of choosing to adopt provisions for addressing the unique needs of
“historic structures” and their improvement and alternation. Unless Federal funding is secured to
improve/upgrade the site, direct oversight of activities will remain low. Inclusion of a site in the
NHRP does not place undue burdens upon the owner in regards to color, removal and
replacement of features, and site improvements unless federal licenses, funding, and permits are
involved which would elicit review and compliance through Section 106 of the National Historic
Preservation Act.
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I support the inclusion of Riverside Park on the National Register of Historic Places. I have
provided some documentation that supports my position on the matter. Please review the
attached and annotated FEMA and Code of Federal Regulations documents for further
information. Please let me know if you have any questions or comments on this item. Thank you
for your time and consideration.
Respectfully,
Nick Altonaga
Planning Director
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Item Attachment Documents:
11. Resolution No. R20-06: Resolution Approving Certain Public Infrastructure Improvements In
The Laurel Urban Renewal District As An Urban Renewal Project; Making Findings With
Respect Thereto And Approving The Issuance Of Tax Increment Urban Renewal Bonds To
Pay Costs Thereof; Preliminarily Authorizing The Issuance And Private Negotiated Sale Of
Bonds And Authorizing The Process For Selecting A Purchaser Thereof
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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. R20-06, entitled: “RESOLUTION APPROVING CERTAIN PUBLIC
INFRASTRUCTURE IMPROVEMENTS IN THE LAUREL URBAN RENEWAL DISTRICT
AS AN URBAN RENEWAL PROJECT; MAKING FINDINGS WITH RESPECT THERETO
AND APPROVING THE ISSUANCE OF TAX INCREMENT URBAN RENEWAL BONDS
TO PAY COSTS THEREOF; PRELIMINARILY AUTHORIZING THE ISSUANCE AND
PRIVATE NEGOTIATED SALE OF BONDS AND AUTHORIZING THE PROCESS FOR
SELECTING A PURCHASER THEREOF” (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 February 11, 2020, 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 11th day of February, 2020.
_____________________________________
City Clerk-Treasurer
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RESOLUTION NO. R20-06
RESOLUTION APPROVING CERTAIN PUBLIC
INFRASTRUCTURE IMPROVEMENTS IN THE LAUREL
URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL
PROJECT; MAKING FINDINGS WITH RESPECT THERETO
AND APPROVING THE ISSUANCE OF TAX INCREMENT
URBAN RENEWAL BONDS TO PAY COSTS THEREOF;
PRELIMINARILY AUTHORIZING THE ISSUANCE AND
PRIVATE NEGOTIATED SALE OF BONDS AND
AUTHORIZING THE PROCESS FOR SELECTING A
PURCHASER THEREOF
BE IT RESOLVED by the City Council (the “Council”) of the City of Laurel, Montana
(the “City”), as follows:
Section 1. Recitals.
1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42
and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and
adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects
therein, provide for the segregation and collection of tax increment with respect to property taxes
collected in such areas, and apply tax increment revenues derived from projects undertaken
within the urban renewal area to pay eligible costs.
1.02. Pursuant to the Act and Ordinance No. 007-11, adopted by the Council on
November 20, 2007, as amended by Ordinance Nos. 008-09, 09-04 and 012-01, adopted by the
Council on October 21, 2008, April 21, 2009 and March 6, 2012 (collectively, the “Ordinance”),
the City has created the Laurel Urban Renewal District (the “District”) as an urban renewal
district and has approved the Laurel Urban Renewal Plan (the “Plan”) as an urban renewal plan
in accordance with the Act, which Plan provides for the segregation and collection of tax
increment revenues with respect to the District.
1.03. As set forth in the Plan, tax increment financing is to be used to further the goals
and objectives in the Plan, which include improving the pedestrian environment by adding well-
designed streetscape and sidewalks and having state of the art, updated utilities and
infrastructure.
1.04. On January 28, 2020, the Council adopted Resolution No. R20-03, calling a public
hearing to approve the design, engineering and construction of various public infrastructure
improvements within the District, generally consisting of reconstruction of Washington, Idaho
and Ohio Avenues, East First and East Fourth Streets, generally bound by Wyoming and Alder
Avenues, Main and East Fourth Streets, including sidewalks, curb and gutter, pedestrian ramps,
driveway approaches and new asphalt pavement; replacement of existing water mains, including
valves, fittings, fire hydrants and other appurtenances; replacement of existing sanitary sewer
main; installation of a new storm drain system, including inlets, manholes and appurtenances;
and related improvements (such public infrastructure improvements, collectively, the “Project”).
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On February 11, 2020, a duly noticed public hearing was held on the approval of the Project and
the use of tax increment revenues to pay or finance all or a portion of the costs of the Project.
All persons appearing were given an opportunity to speak at the public hearing.
Section 2. Approval of the Project as an Urban Renewal Project. The Council hereby
approves the Project as an urban renewal project under the Act. The Project is contemplated by
and is within the scope of the Plan, and is eligible for tax increment financing under the Act.
Section 3. Findings. The Council hereby finds with respect to the Project as follows:
a. no persons will be displaced from their housing by the Project;
b. the Plan and the Project conform to the Laurel Growth Plan or parts thereof for
the City as a whole;
c. the Plan and the Project will afford maximum opportunity, consistent with the
needs of the City as a whole, for the rehabilitation or redevelopment of the District by private
enterprise;
d. there is expected to be a sound and adequate financial program for the financing
of the Project; and
e. the Project constitutes an urban renewal project within the meaning of the Act and
the Plan.
Section 4. Authorization, Sale of Bonds.
4.01. The Bonds. Pursuant to the approval and findings in Sections 2 and 3 hereof, it is
hereby determined that it is in the best interests of the City to offer for sale and issue its Tax
Increment Urban Renewal Revenue Bonds (Laurel Urban Renewal District), Series 2020 (the
“Bonds”), in the maximum aggregate principal amount of $5,000,000, for the purpose of paying
costs of the Project and, if necessary or desirable, funding a deposit to a debt service reserve
account and paying costs associated with the sale and issuance of the Bonds.
4.02. Negotiated Sale. Pursuant to Montana Code Annotated, Section 7-15-4322, the
City may sell the Bonds at a public or a private negotiated sale as the governing body shall
determine. The Council determines it is in the best interest of the City to sell the Bonds at a
private negotiated sale and desires to undertake a solicitation process described herein to select a
suitable purchaser of the Bonds willing to purchase the Bonds at the lowest interest rate under
the terms and conditions attached hereto as Exhibit A. The Mayor and City Clerk-Treasurer or
their designees are authorized to select a purchaser for the Bonds and negotiate the sale of the
Bonds and to select a purchaser of the Bonds pursuant and subject to Section 4.03.
4.03. Pricing and Terms. The Bonds are authorized to be sold to the purchaser of the
Bonds (the “Purchaser”) that provides the City the most favorable interest rate and other terms
and conditions, as determined in the sole discretion of the City. The Mayor and City Clerk-
Treasurer are hereby authorized to provide or make available the terms and conditions relating to
the sale of the Bonds substantially in the form similar to the attached Exhibit A, with such
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revisions as are deemed appropriate, to banks and other financial institutions and solicit
proposals to purchase the Bonds. The City may, in its sole discretion, accept a proposal to
purchase the Bonds, negotiate further with any proposer, or reject any and all such proposals.
All costs of issuing the Bonds (including, without limitation, the fees and expenses of
Bond Counsel) shall be paid by the City as part of the financing, from proceeds of the Bonds or
other available sources.
4.04. Bond Purchase Agreement. The Mayor and City Clerk-Treasurer or their
designees are hereby authorized and directed to approve the final principal amount of the Bonds,
dated date, term, whether all principal of the Bonds is advanced at closing or in increments over
time, payment dates and installment amounts, interest rates, and redemption provisions of the
Bonds, subject to the limitations contained in the preceding paragraphs and the Act. Upon
approving such terms, the Mayor and City Clerk-Treasurer are hereby authorized and directed to
negotiate, approve, execute and deliver to the Purchaser a bond purchase agreement substantially
in the form attached as Schedule 3 to the attached Exhibit A and which may be revised prior to
execution (the “Bond Purchase Agreement”), containing the agreement of the City to sell, and
the agreement of the Purchaser to purchase, the Bonds on the terms so approved, and containing
such other provisions as the Mayor and City Clerk-Treasurer shall deem necessary and
appropriate. In the event of the absence or inability of either the Mayor or the City Clerk-
Treasurer, a member of this Council is authorized to execute the Bond Purchase Agreement The
execution and delivery of the Bond Purchase Agreement by two appropriate officers of the City
shall be conclusive as to the approval of the terms of the Bonds and the agreement of the City to
sell the Bonds on such terms in accordance with the provisions thereof.
The form of the Bonds and the final terms and conditions thereof shall be prescribed by a
subsequent resolution to be adopted by this Council.
ADOPTED by the City Council of the City of Laurel, Montana, this 11th day of
February, 2020.
Mayor
Attest:
City Clerk-Treasurer
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EXHIBIT A
Tax Increment Urban Renewal Revenue Bonds
(Laurel Urban Renewal District), Series 2020
City of Laurel, Montana
BASIC TERM SHEET
[__________]
[Bank]
[Address]
Dear _______________:
This letter sets forth the general terms and conditions relating to Tax Increment Urban Renewal
Revenue Bonds (Laurel Urban Renewal District), Series 2020 (the “Bonds”) of the City of Laurel,
Montana (the “City”).
The purpose of this letter is to summarize the basic terms and conditions regarding the proposed
purchase and sale of the Bonds so that you can submit a proposal to the City regarding the interest
rate at which you propose to purchase the Bonds and other relevant terms.
1. Summary of Terms and Conditions:
Issuer of Bonds: City of Laurel, Montana
Estimated Principal Amount: Up to [$5,000,000]
Closing Date: On or about [__________], 2020, on a date to be selected
by the City
Par Purchase: The purchase price of the Bonds will be 100% of the
principal amount thereof.
Semiannual Installments: For purposes of your proposal, principal and interest will be
paid semiannually on January 1 and July 1, commencing
[July 1, 2020 and ending January 1, 2045], absent
prepayment or redemption. [Note that if the Bonds are
issued as draw-down bonds at the election of the City in
accordance with Paragraph 6 below, the initial installment
payment date may be after July 1, 2020.]
Amortization Bonds: The Bonds will bear interest at a single, uniform interest
rate throughout the term of the Bonds and semiannual
principal and interest installments (the sum of principal and
interest) will be equal or substantially equal on each
payment date. [As described in Paragraph 6 below, the
Bonds, at the election of the City, may be issued as draw-
down bonds, which could affect the preceding sentence, but
not your proposal.]
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Interest Rates: Fixed interest rate throughout the term of the Bonds
assuming the full principal amount of the Bonds is
advanced on the Closing Date. As described in Paragraph 6
below, in addition to the interest rate submitted as part of
your proposal, the City will, at its election, negotiate with
the successful proposer an interest rate or rates on the basis
of advances being made to the City periodically over all or a
portion of the estimated period of construction of the
financed project.
Term of Bonds: Approximately 25 years (approximately 50 semi-annual
payment installments), absent prepayment or redemption.
[No Debt Service Reserve: The Bonds are not secured by a debt service reserve.]
Redemption: The Bonds are subject to redemption and prepayment
without premium or penalty in whole or in part at the option
of the City on 30 days’ prior written notice.
No Bank Fees: There shall be no fee of any kind (other than interest)
charged by the bank or other financial institution in
connection with the Bonds.
Bank Qualification: The Bonds will be designated by the City as “qualified tax-
exempt obligations” within the meaning of Section
265(b)(3) of the Internal Revenue Code of 1986, as
amended.
Deadline for Submitting
Proposals:
[____________] at 5:00 p.m. See Paragraph 12 below for
details regarding content of proposal submissions and where
to submit proposals.
Additional Terms and
Conditions:
As set forth below in this letter.
2. Purpose and Security: The Bonds will be issued for the purpose of financing the cost of
construction of certain infrastructure improvements to be undertaken within the Laurel
Urban Renewal District (the “District”). The Bonds are payable solely from and secured
by a first lien upon and pledge of the Tax Increment to be received from the District in
accordance with the Act. See Schedule 1 for related definitions.
3. Date and Type: The Bonds will be dated, as originally issued, on the date of issuance and
delivery thereof by the City, and will be issued in registered form as to both principal and
interest.
4. Maturities and Form: The Bonds are expected to be sold as amortization bonds, meaning,
upon amortization of principal and interest, they will bear a fixed rate of interest with equal
or substantially equal installments of principal and interest on each semiannual payment
date. Principal and interest shall be paid on each January 1 and July 1, commencing [July
1, 2020 (provided that if the Bonds are issued as draw-down Bonds under Paragraph 6
below, the initial installment payment date may be after July 1, 2020) through and
including January 1, 2045], absent prepayment.
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5. Interest Payment Dates, Rate: Interest will be payable each January 1 and July 1,
commencing [July 1, 2020 (provided that if the Bonds are issued as draw-down Bonds
under Paragraph 6 below, the initial installment payment date may be after July 1, 2020)],
to the registered owners of the Bonds as such appear in the bond register as of the close of
business on the 20th day (whether or not a business day) of the immediately preceding
month. All Bonds for purposes of the proposal would be expected to bear interest from
date of original issue until paid at a single, uniform rate.
6. [Draw-Down Bonds at Election of City: The City, at its election, may determine that the
Bonds are to be issued as draw-down bonds. The successful proposer based on the interest
rate submitted on the Bonds on the basis of all proceeds of Bonds being advanced on the
Closing Date shall, prior to entering into the Bond Purchase Agreement, negotiate with the
City any effect on the interest rate or rates on the Bonds assuming the principal amount of
the Bonds is advanced in amounts over time during construction of the financed Project.
If those negotiations fail to result in terms that are acceptable to the City, the City, in its
sole and absolute discretion, may reject the proposal of the initial successful proposer and
proceed to negotiate the terms of draw-down bonds with other proposers or others. The
City expects to notify the successful proposer approximately 10 days before the Closing
Date whether the Bonds will be issued as bonds as to which the full principal amount is
advanced on the Closing Date or whether the Bonds are issued as draw-down bonds.]
7. No Book Entry: The Bonds will be issued in certificated form and delivered to the
successful purchaser at closing.
8. Bond Registrar, Transfer Agent and Paying Agent: The City Clerk-Treasurer will act
as bond registrar, transfer agent and paying agent (the “Registrar”) in connection with the
Bonds, provided that the City may subsequently appoint and pay a fee to another qualified
Registrar. The bond register will be kept, transfers of ownership will be effected and
principal of and interest on the Bonds will be paid by the Registrar. The City reserves the
right to remove any Registrar and to appoint a successor.
9. Delivery: The City will deliver to the Registrar the Bonds ready for completion and
authentication. The Bonds will be registered in the name of the original purchaser thereof.
On the day of closing and delivery of the Bonds and following payment of the purchase
price thereof, the City will furnish to the purchaser a copy of the Bond Resolution, the
opinion of Bond Counsel hereinafter described, a tax certificate in respect of the Bonds and
a certificate stating that no litigation questioning the validity of the Bonds is then pending
or, to the knowledge of the applicable officers of the City, threatened. The purchaser shall
submit to the City Clerk-Treasurer not later than the day of closing a certificate, in form
satisfactory to Bond Counsel, as to the intention of the purchaser to purchase the Bonds
with intent to hold and various certifications as to its financial sophistication and net worth.
Such certificate shall be in the form of the attached hereto as Schedule 2.
10. Qualified Tax-Exempt Obligations: The Bonds will be designated by the City as
“qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended.
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11. Legal Opinion: An opinion as to the validity of the Bonds and the exclusion of the interest
on the Bonds from gross income for federal income tax and State of Montana individual
income tax purposes will be furnished by Dorsey & Whitney LLP, of Missoula, Montana,
as Bond Counsel, subject to customary limitations. The legal opinion will state that the
Bonds are valid and binding special, limited obligations of the City enforceable in
accordance with their terms, except to the extent to which enforceability thereof may be
limited by customary matters, such as the exercise of judicial discretion or by state or
federal laws relating to bankruptcy, reorganization, moratorium or creditors’ rights.
12. Submission of Proposal:
(A) You are encouraged to submit a proposal to purchase the Bonds. Any proposal must
be for the purchase of all of the Bonds. Proposers may participate the loan to other qualified
financial institutions at their discretion; however, the financial institution submitting the
winning proposal will be the only contact and will speak for the other participating
financial institutions.
(B) At a minimum, you must submit an amortization schedule for the Bonds that clearly
shows the single, uniform interest rate in respect of the Bonds and the substantially level
dollar amounts of the semiannual installments of principal and interest due on [July 1, 2020
through and including January 1, 2045]. You must also specify the total dollar interest cost
over the term of the Bonds. For purposes of the amortization schedule, please use
[__________, 2020] as the date on which interest will commence on all principal advanced,
recognizing the City, in its discretion, may elect to close on a date other than [__________,
2020]. For purposes of submitting the amortization schedule, you must assume the entire
principal amount of the Bonds will be advanced on the Closing Date.
(C) [As provided under Paragraph 6 above, the initial successful proposer based primarily
on the interest rate set forth in the amortization schedule submitted under the foregoing
subparagraph (B) will, at the City’s election, negotiate with the City terms that govern the
Bonds issued as draw-down bonds. If those negotiations fail to result in terms that are
acceptable to the City, the City may reject the proposal of the initial successful proposer
and proceed to negotiate the terms of draw-down bonds with other proposers or others.]
(D) Proposals must be delivered to the City Clerk-Treasurer, 115 West 1st Street, P.O. Box
10, Laurel, Montana 59044, so that the proposal is received by no later than 5:00 p.m. MT
on [_______], 2020, in order to be considered. You are instructed to mark the outside of
the envelope containing the proposal with the words “Proposal for Purchase of Tax
Increment Bonds.”
(E) The City reserves the right to reject any and all proposals, to accept any proposal, or
to negotiate further in respect of any proposal or proposals. The interest rate provided by
the proposers will be the primary basis for determining whether to proceed with a proposal.
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[The successful proposer must, in addition to the terms governing the Bonds with all the principal
advanced on the Closing Date, negotiate with the City terms of the Bonds as draw-down bonds,
and, provided that there is mutual agreement regarding terms of the Bonds if issued as draw-down
bonds, must enter into a bond purchase agreement on or before 5:00 p.m. MT on [_______], 2020,
substantially in the form of the attached hereto as Schedule 3.]
Very truly yours,
CITY OF LAUREL, MONTANA
By _________________________________
Title: _______________________________
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SCHEDULE 1
Definitions
The Bonds are payable solely from and secured by a first lien upon and pledge of
the Tax Increment.
“Act” means Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended
or supplemented.
“Actual Taxable Value” means the taxable value of the Taxable Property as shown on or
calculated from the assessment roll last equalized before the date of reference.
“Base Taxable Value” means the Actual Taxable Value of the Taxable Property within
the original boundaries of the District as of January 1, 2007, as such value is adjusted as part of
the “base taxable value” of the District from time to time in accordance with the Act.
“City” means the City of Laurel, Montana.
“District” means the Laurel Urban Renewal District, created and established pursuant to
the Act and the Ordinance, as such area may be enlarged or reduced in accordance with the Act.
“Fiscal Year” means, in respect of the City, its fiscal year, which currently begins on
July 1 and ends on June 30 of the next succeeding calendar year; provided that, for purposes of
calculating debt service on the Bonds or any additional bonds, the July 1 payment will be part of
the previous Fiscal Year ending on the June 30 immediately preceding the July 1 payment date.
“Incremental Taxable Value” means the amount, if any, by which the Actual Taxable
Value of all Taxable Property, as of the date of reference, exceeds the Base Taxable Value.
“State” means the State of Montana.
“Tax Increment” means the amount received by the City pursuant to the Act from the
extension of levies of Taxes against the Incremental Taxable Value of the Taxable Property and
shall include all payments in lieu of Taxes or beneficial use taxes attributable to the Incremental
Taxable Value and all payments received by the City designated as replacement revenues for lost
Tax Increment.
“Taxable Property” means all real and personal property located in the District and
subject to Taxes, including land, improvements and equipment.
“Taxes” means all taxes levied on an ad valorem basis by any Taxing Jurisdiction against
the Taxable Property (exclusive of the six mill levy for university purposes levied by the State),
and shall include all payments in lieu of taxes received by the City with respect to Taxable
Property.
“Taxing Jurisdiction” means the State, the City, any school district, local government,
municipal corporation, political subdivision or other government entity that levies, during any
Fiscal Year during which the tax increment provision of the District is effective under the Act, ad
valorem taxes against real or personal property in the District.
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SCHEDULE 2
Tax Increment Urban Renewal Revenue Bonds
(Laurel Urban Renewal District), Series 2020
City of Laurel, Montana
CERTIFICATE OF PURCHASER
I, the undersigned, being a duly qualified and acting representative of _____________,
the original purchaser (the “Purchaser”) of the $[____________] Tax Increment Urban
Renewal Revenue Bonds (Laurel Urban Renewal District), Series 2020 (the “Bonds”), issued
by the City of Laurel, Montana (the “City”), dated, as originally issued, as of [____], 2020,
hereby acknowledge receipt of the Bonds, fully executed and authenticated, in the aggregate
principal amount of $[__________], payable on the dates, bearing interest at the rate and
otherwise conforming with the provisions of Resolution No. ________, adopted by the City
Commissioners of the City on or about [_______], 2020 (the “Bond Resolution”), and on
behalf of the Purchaser certify that:
The Purchaser is a bank duly organized, validly existing and in good standing
under the laws of the state of Montana and has full power and authority to purchase the Bonds
and make the loan evidenced thereby.
The Purchaser has sufficient knowledge and experience in financial and
business matters, including purchase and ownership of municipal and other tax-exempt
obligations, to be able to evaluate the risks and merits represented by the purchase of the Bonds
and the making of the loan evidenced thereby.
The Purchaser has authority to purchase the Bonds and to execute the Bonds
Purchase Agreement and any other instruments and documents required to be executed by the
Purchaser in connection with the purchase of the Bonds.
The Purchaser understands that an official statement, prospectus, offering
circular, or other offering statement has not been provided with respect to the Bonds. The
Purchaser has made its own inquiry and analysis with respect to the City, the Bonds and the
security therefor, and other material factors affecting the security for and payment of the Bonds.
The Purchaser received and has reviewed a copy of the Bond Resolution.
The Purchaser acknowledges that it has reviewed information, including
financial statements and other financial information, regarding the City and the District and has
had the opportunity to ask questions and receive answers from knowledgeable individuals
concerning the City, the District, the Bonds and the security therefor, so that it has been able to
make an informed decision to purchase the Bonds and to make the loan evidenced thereby and
acknowledges that it has not relied on the City with respect to any information with respect to
the advisability of purchasing the Bonds or the security for the Bonds.
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The Purchaser understands that the Bonds: (i) are not registered under the
Securities Act of 1933, as amended, and are not registered or otherwise qualified for sale under
the “Blue Sky” laws and regulations of any state, (ii) are not listed on any stock or other
securities exchange, and (iii) have not been rated by any credit rating agency.
The Purchaser is not acting as an Underwriter with respect to the Bonds. The
Purchaser has no present intention to sell, reoffer, or otherwise dispose of the Bonds (or any
portion of the Bonds or any interest in the Bonds). The Purchaser has not contracted with any
person pursuant to a written agreement to have such person participate in an initial sale of the
Bonds to the Public, and the Purchaser has not agreed with the City pursuant to a written
agreement to sell the Bonds to persons other than the Purchaser or a related party to the
Purchaser. For purposes of this paragraph:
(a) Public means any person (i.e., an individual, trust, estate, partnership, association,
company, or corporation) other than an Underwriter or a related party. Persons generally
are “related parties” for purposes of this certificate if they have more than 50 percent
common ownership or control, directly or indirectly.
(b) Underwriter means (i) any person that agrees pursuant to a written contract with
the City (or with the lead underwriter to form an underwriting syndicate) to participate in
the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a
written contract directly or indirectly with a person described in clause (i) of this
paragraph to participate in the initial sale of the Bonds to the Public (including member
of a selling group or a party to a retail distribution agreement participating in the initial
sale of the Bonds to the Public.
8. As described under paragraph 7, above, the Bonds are being acquired by the
Purchaser for its own account and not with a present view toward resale or distribution;
provided, however, that the Purchaser reserves the right to sell, transfer or redistribute the
Bonds, but agrees that any such sale, transfer or distribution by the Purchaser shall be to (i) an
affiliate of the Purchaser; (ii) a trust or other custodial arrangement established by the Purchaser
or one of its affiliates, the owners of any beneficial interest in which are limited to qualified
institutional buyers or accredited investors; or (iii) a person or entity that the Purchaser
reasonably believes is qualified to purchase the Bonds or that makes representations
substantially similar to the representations the Purchaser makes in this certificate. The
Purchaser currently intends to hold the Bonds to evidence the loan it has made to the City for
the term of the Bonds.
(i) The Bonds will be evidenced by a physical certificate delivered to the
Purchaser by the City, (ii) the Bonds will not have a CUSIP number, (iii) the Bonds are not, and
will not be, rated by an independent rating agency, (iv) the Purchaser shall not transfer the Bonds
except in accordance with Paragraph 8 above, (v) the principal amount of the Bonds purchased
by the Purchaser, and the principal amount of the loan evidenced thereby, is $[__________], (vi)
payments on the Bonds shall be made directly by the City to the Purchaser, (vii) payments under
the Bonds conform to the loan amortization schedule provided by the Purchaser to the City, (viii)
the Bonds and the loan evidenced thereby bear interest from the date of amortization of principal
and interest at a fixed rate throughout the term of the Bonds, (ix) the Purchaser intends to record
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the Bonds as a loan on its books and records, and (x) the Bonds are a special, limited debt of the
City.
The Purchaser acknowledges and agrees that: (i) the transactions contemplated
by the Bonds documents are arm’s length, commercial transactions between the Purchaser and
the City and that the Purchaser is acting solely as a principal and not acting as a municipal
advisor, financial advisor or fiduciary to the City; (ii) the Purchaser has not performed advisory
or fiduciary services to the City with respect to the transactions contemplated by the Bond
documents and the discussions, undertakings and procedures leading thereto (irrespective of
whether the Purchaser has provided other services or is currently providing other services to the
City on other matters); (iii) the Purchaser has financial and other interests that differ from those
of the City; and (iv) the Purchaser has consulted its own legal, accounting, tax, financial and
other advisors, as applicable, to the extent it has deemed appropriate.
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IN WITNESS WHEREOF, I have hereunto set my hand as Purchaser as of this ______
day of ____________, 2020.
[_______________________]
By: ________
Printed Name:______________________________
Title:
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SCHEDULE 3
BOND PURCHASE AGREEMENT
[________, 2020]
City of Laurel
115 West 1st Street
Laurel, MT 59044
[Bank Name and address]
Tax Increment Urban Renewal Revenue Bonds
(Laurel Urban Renewal District), Series 2020
City of Laurel, Montana
Ladies and Gentlemen:
The undersigned, [________________________], as purchaser (the “Purchaser”), hereby offers
to enter into this Bond Purchase Agreement (this “Agreement”) with the City of Laurel, Montana
(the “City”), for the sale by the City and purchase by the Purchaser of the above-referenced bonds
(the “Bonds”). This offer is made subject to the written acceptance hereof by the City and delivery
of such acceptance to the Purchaser (in the form of one or more executed counterparts hereof) at
or prior to 5:00 P.M., Laurel, Montana time, on [________], 2020. Upon such acceptance, this
Agreement will be in full force and effect in accordance with its terms and will be binding upon
the City and the Purchaser.
The Bonds are being issued pursuant to a resolution (the “Bond Resolution”) to be adopted by the
City on or about [_________], 2020, authorizing and fixing the terms and conditions of the Bonds.
Capitalized terms not otherwise defined herein shall have the meanings given them in the Bond
Resolution.
1. Upon the terms and conditions and based on the representations, warranties and
covenants hereinafter set forth, the Purchaser hereby agrees to purchase from the City and the City
hereby agrees to sell to the Purchaser, all (but not less than all) of the Bonds upon the terms set
forth in the Bond Resolution, including the following terms:
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Principal
Amount:
$[_________]
Closing Date: On or about [________], 2020 [date selected by City]
Term: Approximately 25-year term (approximately 50 semi-annual payments),
absent prepayment or redemption. Final installment payment date of
[January 1, 2045]
Amortization
Schedule:
[Substantially as attached hereto as Exhibit A]
Interest Rate: _______%, fixed for the entire term.
Bank
Qualification:
The Bonds will be designated by the City as “qualified tax-exempt
obligations” within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended.
No Fees: No fees charged by Purchaser.
Redemption
Terms:
The Bonds are subject to redemption and prepayment without premium or
penalty in whole or in part at the option of the City on 30 days’ prior written
notice.
2. The Bonds will be special, limited obligations of the City, payable solely from and
secured by Tax Increment received from the Laurel Urban Renewal District, as described in the
Bond Resolution.
3. This Agreement will be governed by and construed in accordance with the laws of
the State of Montana.
4. This Agreement may be executed in multiple counterparts, each of which will be
deemed an original but all of which together will constitute but one and the same instrument. This
Agreement may be delivered by the exchange of signed signature pages by facsimile transmission
or by e-mail with a pdf copy or other replicating image attached, and any printed or copied version
of any signature pages so delivered shall have the same force and effect as an originally signed
version of such signature page.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
as of the date first above written.
CITY OF LAUREL, MONTANA
By _______________________________________
Mayor
By _______________________________________
City Clerk-Treasurer
[BANK]
By _______________________________________
Name: _________________________________
Title: _________________________________
136
Item Attachment Documents:
12. Resolution No. R20-07: A Resolution Authorizing The Mayor To Execute A Contract For The
City’s Prosecutor Duties Between The City Of Laurel And Lore Law Firm PLLC.
137
R20-07 City Prosecutor Contract: Lore Law Firm PLLC
RESOLUTION NO. R20-07
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR THE CITY’S PROSECUTOR DUTIES BETWEEN THE
CITY OF LAUREL AND LORE LAW FIRM PLLC.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The contract negotiated between the City of Laurel
and Lore Law Firm, P.L.L.C. for the City Prosecutor duties is accepted and hereby approved.
A copy is attached hereto for convenience.
Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of
Laurel are hereby given authority to accept and execute said agreement on behalf of the City.
Section 3: Effective date. The effective date for the attached contract is hereby
approved effective February 1, 2020.
Introduced at a regular meeting of the City Council on February 11, 2020, by Council
Member ______________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana,
this 11th day of February 2020.
APPROVED by the Mayor this 11th day of February 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
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1
PROSECUTOR
ATTORNEY CONTRACT
THIS AGREEMENT, made and entered into by and between the City of Laurel,
hereinafter referred to as Client, and Lore Law Firm, P.L.L.C. hereinafter referred to as
“Attorney.”
ATTORNEY CLIENT RELATIONSHIP: Client hereby employs Attorney to
exercise and perform the criminal prosecutorial duties of the City Attorney for Client,
which includes the provision of prosecution services for Client for matters assigned and
directed by Client. Client’s Mayor shall be the primary contact for Attorney and shall
assign and direct the Attorneys’ provision of criminal prosecution services in city court as
well as all subsequent appeals. Attorney agrees to provide his/her own office, staff and
equipment at no additional charge to Client. Client agrees to provide on-site workspace
for Attorney immediately prior to and during any required court appearances. Client also
agrees to provide copy paper upon request for services under this contract. Attorney
agrees to spend a minimum of two (2) hours per week at Laurel City Hall in order to meet
with pro se criminal defendants living in the Laurel area.
FEES AND BILLING: For services performed for Client by Attorney, Client
agrees to pay Attorney as follows:
For the time period February 1, 2020 through February 29, 2020 City shall pay
Client $2800.00;
Commencing March 1, 2020 and each subsequent month thereafter, City shall pay
client $5600.00 per month.
In addition to the fees provided above, Client agrees to reimburse Attorneys for
costs incurred during the course of representation. Attorney agrees to provide Client an
invoice each and every month itemizing services rendered and costs incurred each and
every month. Client agrees to pay Attorney each and every month for services rendered
and costs incurred. Client understands that Attorney billing schedule is monthly.
COSTS: Costs are defined as all filing fees, court costs, subpoena costs, certified
driving records for defendants, mail costs, copies of video-taped or DVD evidence,
depositions, court report charges, expert witness fees, expert reports, witness statements,
and travel expenses except as set forth herein, and any other disbursements or expenses
incurred by Attorneys while representing Client. Photocopies shall be reimbursed at $.05
per page. These costs may be billed monthly by Attorneys and, if unpaid, shall bear
interest at the rate of one percent (1%) per month.
Travel costs beyond local travel shall be undertaken only upon Client’s request.
Client shall reimburse Attorney his/her actual costs of travel (other than local) and pay
per diem at rates established by the State of Montana.
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2
DURATION: This contract shall immediately commence on February 1, 2020
and continue until June 30, 2022. Attorney agrees to assist with the transition if a new
Prosecutor is contracted.
EXTENSION OR RENEWAL: The Parties may extend or renew this contract
upon written agreement. Furthermore, if a party intends or desires to negotiate a new
contract, he/she shall provide notice of his/her intent to negotiate no earlier than sixty
days prior to expiration date.
MODIFICATION AND TERMINATION: This contact or any provision
thereof may be modified at any time upon mutual consent expressed in a mutually signed
writing. The contract may be terminated at any time by either party without cause.
DATED this day of , 2020.
CITY OF LAUREL
________________________________
Thomas Nelson, Mayor
ATTEST.
__________________________________
Bethany Langve, Clerk/Treasurer
ATTORNEY:
____________________________________
Juliane E. Lore, Lore Law Firm P.L.L.C.
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