On the agenda: East Helena Oct. 6, 2026 Packet — data center (Oct 6)

MEETING AGENDA
CITY OF EAST HELENA
CITY HALL – 306 EAST MAIN - ROOM 110
COUNCIL MEETING: 6:30 PM
DATE: TUESDAY, October 6th, 2026
JOIN ZOOM MEETING: https://us06web.zoom.us/j/3787705872
CONFERENCE CALL-IN: 1-253-205-0468 MEETING ID: 378 770 5872

MEETING CALLED TO ORDER: Mayor Harris
PLEDGE OF ALLEGIANCE: Councilmember Ferguson
EAST HELENA SUPERFUND UPDATE: EPA/DEQ Site Team Members
Action: Information only

PUBLIC HEARING:
1. City of East Helena Community Needs and Community Development Block Grant Trisha Bodlovic
Action: Information Only
2. City of East Helena Community Needs and Community Development Block Grant Kelly Harris
Action: Hear the Public
3. Casey Avenue Abandonment – Triple R Surveying, Inc
Action: Information Only
4. Casey Avenue Abandonment – Jeremy Fadness
Action: Hear the Public
5. Casey Avenue Abandonment – Jeremy Fadness
Action: Approve/Deny/Table
PUBLIC COMMENTS: Note: This time is set aside for comments from the public on matters
that are not on the meeting agenda. Public comments will be taken on agenda items prior to a
motion. All public comments will be limited to a reasonable duration. Prior to your comments,
please state your name and address in an audible tone of voice for the record.
APPROVAL OF MINUTES:
September 15, 2026, Draft Minutes – Mayor Harris
Action: Approve/Deny/Table

1

CITY COURT REPORT: City Judge Dennis Loveless
DEPARTMENTAL REPORTS:
Administration – Clerk/Treasurer Misty Masolo
Police Department – Police Chief Ed Royce
Public Works - Public Works Director Kevin Ore
Volunteer Fire Department - Fire Chief Roger Campbell
NEW BUSINESS:
1. Resolution Preliminary approving Rose Hills Bond, SID & Development Forms – Mayor
Harris
Action: Approve/Deny/Table
2. Right of Way Discussion for Parking – Mayor Harris
Action: Information Only
3. Admin Office request to close Office the day after Thanksgiving, November 27, 2026 City Clerk/Treasurer Misty Masolo
Action: Approve/Deny/Table
MAYOR’S REPORT: Mayor Harris
COUNCILMEMBERS’ REPORTS:
Don Dahl
Judy Leland
Wesley Feist
Suzanne Ferguson
LEGAL REPORT: City Attorney Elverum
PAYMENT OF BILLS: Action: Approve/Deny/Table
MEETING & EVENT SCHEDULE:
1. East Helena City Council Meeting, Tuesday, October 20th, 2026, 6:30 p.m., East Helena
City Hall Room 110
2. East Helena City Council Meeting, Tuesday, November 3rd, 2026, 6:30 p.m., East
Helena City Hall Room 110
ADJOURNMENT: Mayor Harris

2

ADA NOTICE
The City of East Helena is committed to providing access to persons with disabilities for its meetings, in
compliance with Title II of the Americans with Disabilities Act and the Montana Human Rights Act. The
city will not exclude people with disabilities from participating in its meetings, or otherwise deny them the
City’s services, programs, or activities. Persons with disabilities requiring accommodations to participate
in the City’s meetings, services, programs, or activities should contact the City Clerk as soon as possible to
allow sufficient time to arrange for the requested accommodation, at any of the following:
(406) 227-5321 or TTY Relay Service 1-800-253-4091 or 711
[email protected] - 306 East Main Street, P.O. Box 1170, East Helena, MT 59635

3

City of East Helena
Community Needs and
Community Development Block Grant (CDBG)
Public Hearing – October 6, 2026
R O B E R T P E C C I A & A S S O C I AT E S

1

Purpose of This Public Hearing?
 Inform the public as to the various funding programs offered by the Community
Development Block Grant Program (CDBG)
 Give citizens an opportunity to identify and discuss community development
and housing needs (including needs of low- and moderate-income LMI persons)
 Propose possible community improvement projects to meet those needs

Robert Peccia & Associates

2

The Community Development Block Grant Program (CDBG)
The Community Development Block Grant Program (CDBG) is a U.S. Department
of Housing and Urban Development (HUD) program designed to help
communities:
 Provide decent housing
 A suitable living environment
 Expand economic opportunities
 Particularly for the state’s low- and moderate-income (LMI) residents

Robert Peccia & Associates

3

The Community Development Block Grant Program (CDBG)
CDBG Program requires projects to:
 Meet HUD’s national objective to benefit LMI persons
 Meet Montana’s state objective based on the most current Consolidated
Plan to provide these benefits by:
 Improving the safety and livability of neighborhoods
 Improving access to quality facilities, infrastructure, and services

Robert Peccia & Associates

4

The Community Development Block Grant Program (CDBG)
Program funding details:
 Money is allocated by HUD annually to cities, towns, and counties
 CDBG funds are administered by the Montana Department of Commerce
 An eligible entity may apply for more than one CDBG category (The City may
apply for a public facility project and a housing project)

Robert Peccia & Associates

5

The Community Development Block Grant Program (CDBG)
There are four (4) distinct grant opportunities with CDBG
 Planning
 Community and public facilities
 Economic development
 Housing development, rehabilitation, and stabilization
Each eligible local government jurisdiction may apply once per application cycle
for each of the categories of CDBG grants as long as the applicant does not have
an open CDBG project that was awarded more than four (4) years ago
Robert Peccia & Associates

6

The Community Development Block Grant Program (CDBG)
To qualify for CDBG funds:
 A minimum of 51 % of the beneficiaries must be documented as persons of
low- to moderate-income
 Low- to Moderate-income (LMI) persons are individuals earning less
than 80% of the area median household income (MHI)
 Population of less than 50,000
Based on 2019-2023 American Community Survey Data, the City of East Helena’s:
 LMI is 54.0%, MHI is $53,611, population is 1,855
Robert Peccia & Associates

7

CDBG Planning Grants
CDBG Planning Grants may be used for the preparation of plans, studies, training or research in a variety of areas
including (but not limited to):
 Growth Policies
 Comprehensive Capital Improvement Plans (CIPs)
 Subdivision and zoning regulations
 Regional or Neighborhood Plans
 Housing Plans
 Downtown Revitalization or Master Plans
 Preliminary Engineering Reports (PER) or Preliminary Architectural Reports (PAR)
 Site-Specific Development Plans and Business Plans
Robert Peccia & Associates

8

CDBG Planning Grants
 Local governments may apply for one (1) CDBG Planning grant per funding cycle
and have only one (1) open Planning grant at a time
 Maximum grant award - $50,000
 Matching funds equal to at least 25% of the total CDBG funds requested, unless a
waiver is approved
 Applicants can request a waiver of matching funds in cases of extreme financial
hardship and where the public’s health and safety is affected

Robert Peccia & Associates

9

CDBG Community and Public Facilities Grants
CDBG Public and Facilities grants help local governments fund construction or rehabilitation of infrastructure and facilities that
primarily benefit LMI Montanans
Public Infrastructure Projects include:


Water or wastewater



Sidewalks, curbs, and gutters



Flood, drainage, and storm water improvements



Parks and playgrounds



Police



Broadband installation infrastructure and service delivery



Solid waste



Removal of architectural barriers to accessibility to any of the above systems and government facilities

Robert Peccia & Associates

10

CDBG Community and Public Facilities Grants
Community Facilities include:
 Nursing homes
 Senior centers
 Food banks
 Head start centers or childcare facilities
 Parks and playgrounds
 Mental health centers
 Fire, library, and public school facilities
 Transitional housing facilities
Robert Peccia & Associates

11

CDBG Community and Public Facilities Grants
 Maximum grant award - $750,000
 Matching funds equal to at least 25% of the total CDBG funds requested, unless a waiver
is approved
 Applicants can request a waiver of matching funds in cases of extreme financial hardship
and where the public’s health and safety is affected

Robert Peccia & Associates

12

CDBG Economic Development
CDBG Economic Development program is designed to stimulate economic development activity by assisting
Montana’s private sector to create or retain jobs for low- to moderate-income persons primarily through
loans to businesses
 Focus of the program is to support the creation or retention of full-time permanent jobs
 Program can assist businesses by awarding grants to local governments and making fixed-rate
financing available to those businesses at low interest rates or grants to a non-profit
 Businesses work with the local governments to apply
 Applications are accepted on an open-cycle basis
 Individual awards are proportional to the number of jobs that will be created or retained
 The number of awards are subject to available funding

Robert Peccia & Associates

13

CDBG Economic Development
 Maximum funding amount is $525,000 per local government in a program year
 Communities can reapply for funding throughout the program year until
maximum has been reached
 A 1:1 match is required, unless a waiver is approved

Robert Peccia & Associates

14

CDBG Housing Development, Rehabilitation, and Stabilization
CDBG Housing grants help local governments fund new construction or
rehabilitation of single- or multi-family housing projects that benefit low- to
moderate- income (LMI) Montanans.
Two distinct types of housing grants with this program:
 Affordable Housing Development and Rehabilitation Grants
 Housing Stabilization Program (HSP) Grants

Robert Peccia & Associates

15

CDBG Housing Development, Rehabilitation, and Stabilization
Affordable Housing Development and Rehabilitation Grants:
 Intended for construction or rehabilitation of affordable housing projects
 Grant determined by project scope, eligibility, and available funds
 No match required
 Applications are annual

Robert Peccia & Associates

16

CDBG Housing Development, Rehabilitation, and Stabilization
Affordable Housing Development and Rehabilitation Grants
 Local governments are eligible to receive funds for:
 New construction of multi-family housing or multiple single family
housing development
 Rehabilitation of multi-family rental housing
 Temporary housing facilities such as homeless shelters or domestic
violence shelters
 Neighborhood revitalization and renewal activities such as improvements
to sidewalks, street lighting, or neighborhood playgrounds
Robert Peccia & Associates

17

CDBG Housing Development, Rehabilitation, and Stabilization
Housing Stabilization Program (HSP) Grants


Local governments are eligible to receive funds for:
 Rehabilitation of owner-occupied homes and residential properties determined
to have critical health and safety deficiencies
 New construction of infill development residential properties on vacant lots
 Demolition of blighted structures that results in replacement of housing on a
one-for-one basis

Applications to access the available pool of funds can be submitted any time

Robert Peccia & Associates

18

CDBG Housing Development, Rehabilitation, and Stabilization
Housing Stabilization Program (HSP) Grants:
 Funds are used to complete critical health and safety improvements to bolster
the community's affordable housing on a house-by-house basis for a five-year
period as CDBG funds are available
 Once notified of their ability to access these funds, local governments may
identify specific housing activities and make a funding proposal

Robert Peccia & Associates

19

Community Development and Housing Needs for East Helena
On September 9, 2026, a 25-question Community Needs Assessment Survey was mailed to
East Helena residents

1,169 surveys were sent, 80 surveys were returned

Robert Peccia & Associates

20

Community Development and Housing Needs for East Helena
Some results of the survey:
What specific improvements are needed to East Helena Parks?
 Restrooms
 More tables and shelters
 More playground equipment

Robert Peccia & Associates

21

Community Development and Housing Needs for East Helena
What would you most like to see in the City of East Helena?
 Walking trails
 Music concerts
 Dog park
 Indoor exercise facility
 River access
 Playgrounds

Robert Peccia & Associates

22

Community Development and Housing Needs for East Helena
Are the City’s existing recreational opportunities adequate for specific age groups?
 While a majority said yes for Preschool and Elementary ages, 32% said no for Senior Citizens
When asked what should the City prioritize as is grows?
1. Infrastructure
2. Business development
3. Affordable housing
4. Other (includes sidewalks and street maintenance)

Robert Peccia & Associates

23

Community Development and Housing Needs for East Helena
What part of the City’s infrastructure needs improvements?
 Streets
 Sewer
 Community services
 Pedestrian access
 Stormwater

Robert Peccia & Associates

24

Community Development and Housing Needs for East Helena
What projects or programs would you like the City to improve or develop first?
1. Streets
2. Improve community sewer
3. Economic development
4. Community beautification

Robert Peccia & Associates

25

Community Development and Housing Needs for East Helena
We would like you to comment on the following until October 8, 2026:
 How does the community feel CDBG may be best used to help low- to moderate-income
persons in the City of East Helena?
 What CDBG program would you like the City of East Helena to apply for and why?
 Any additional comments?

Robert Peccia & Associates

26

QUESTIONS?

Robert Peccia & Associates

27

2026 City of East Helena Community Needs Assessment Survey

Q1

62 responses

How often did you visit the following parks within the past 12 months?

JFK Memorial Park

Main Street Park

0%

10%

20%

30%

40%

Daily

50%

Weekly

60%

70%

80%

90%

100%

63%

70%

Monthly

71 responses

Q2

How do you travel to the local park(s) (check all that apply)?
Car

Walk

Bicycle

Other

0%

Answer Choices
Car

7%

14%

21%

28%

35%

42%

49%

56%

Percentage

Responses

60.56%

43

Total

102

1 / 35

2026 City of East Helena Community Needs Assessment Survey

Walk

66.20%

47

Bicycle

14.08%

10

Other

2.82%

2

Total

102

#

OTHER (PLEASE SPECIFY)

DATE

1

None, don't use the Parks

9/21/2026 1:44 PM

2

Skateboard

9/15/2026 9:03 AM

3

Do not go to the park

9/12/2026 8:30 PM

4

Jog

9/4/2026 8:45 AM

Q3 What specific improvements, if any, are needed at JFK Memorial
Park?
Answered: 36

Skipped: 44

#

RESPONSES

DATE

1

Update bathrooms and a large swing set

10/2/2026 9:21 AM

2

Bathrooms

10/2/2026 9:15 AM

3

Dogs must be on leashes - stopped going too many loose dogs

10/2/2026 9:00 AM

4

Roads Disc Golf

10/2/2026 8:57 AM

5

Sidewalk around park

9/22/2026 11:00 PM

6

Regular cleaning in pavilion at JFK - sweeping/blowing off the cement. Adding a swingset at
JFK or additional equipment for babies and toddlers. Adding a gate to the fence so they can’t
run out. Additional benches.

9/22/2026 1:29 PM

7

Nothing this is a great park.

9/21/2026 8:27 PM

8

Nothing that I can think of, it’s a nice park.

9/20/2026 11:20 AM

9

More frequent emptying of the park trash cans.

9/20/2026 8:47 AM

10

More tables and shelters.

9/17/2026 5:42 PM

11

Better security to reduce nefarious activities.

9/17/2026 3:05 PM

12

More tables and play equipment

9/17/2026 10:11 AM

13

None the park is great as it is. Maybe a little less homeless and druggies around in the evening
but we never got at that time anyway.

9/17/2026 6:46 AM

14

Bathrooms open year round.

9/15/2026 9:53 PM

15

I think they are perfect. City does a good job maintaining them.

9/15/2026 7:00 PM

2 / 35

2026 City of East Helena Community Needs Assessment Survey

16

The bathrooms could really use updating. The women's stall doesn't even lock. No soap to
wash hands nor paper towels. It would be great also if they weren't locked in the winter if
possible.

9/15/2026 5:28 PM

17

Close it and reduce tax burden. Sell the ground for commercial development.

9/15/2026 5:12 PM

18

Make sure bathrooms are open.

9/15/2026 9:39 AM

19

Skateboard section, couple vending machines, more play ground equipment. More access
points from across the creek.

9/15/2026 9:03 AM

20

Sewer and water. The sewer infrastructure is struggling to keep up with the growing demand of
the city expansions.

9/14/2026 4:39 PM

21

Adequate sewer and water infrastructure and ada accessible bathroom facilities.

9/14/2026 11:12 AM

22

General improvements in the infrastructure and landscaping are needed. The park looks a bit
neglected. Additional trash and recycling receptacles are needed.

9/13/2026 4:05 PM

23

It's perfect Well maintained

9/13/2026 9:54 AM

24

A bridge across the creek connecting the neighborhood by the dirt lot on the east side of the
creek by Groschell Street.

9/13/2026 8:40 AM

25

JFK bouncy horse thingy in the back is gone. Bathroom access. Swings !!!

9/12/2026 6:14 PM

26

Not sure

9/12/2026 5:26 PM

27

A basketball court, or half court, would be nice

9/12/2026 5:16 PM

28

Information as to what the event is!

9/12/2026 4:07 PM

29

Toddler accessible swings

9/12/2026 4:03 PM

30

Cleaning/screenings for leftover junk, particularly needles from suspected drug use.

9/12/2026 12:40 PM

31

Swings Parking lot isn’t in good shape

9/11/2026 11:17 PM

32

New concrete bathrooms with metal fixtures so it is harder to vandalize.

9/11/2026 4:58 PM

33

Older elementary kids playground equipment

9/11/2026 3:42 PM

34

0

9/11/2026 3:06 PM

35

None that I can think of. The clearing of the brush recently is amazing. Thanks for making this
an amazing space!

9/11/2026 1:04 PM

36

Tree trimming more often. The branches tend to hang in some of the paths and you have to
avoid them when running in pairs.

9/4/2026 8:45 AM

Q4 What specific improvements, if any, are needed at Main Street Park?
Answered: 24

Skipped: 56

#

RESPONSES

DATE

1

Install Bathrooms

10/2/2026 9:21 AM

2

Okay for now

10/2/2026 9:15 AM

3

I do not go to this park

10/2/2026 9:00 AM

4

More seating.

9/21/2026 8:27 PM

5

Nothing

9/20/2026 11:20 AM

6

More tables and shelters

9/17/2026 5:42 PM

7

More tables

9/17/2026 10:11 AM

3 / 35

2026 City of East Helena Community Needs Assessment Survey

8

Larger play area with more tables nearby the park to sit while children play.

9/17/2026 6:46 AM

9

Wading pool would be nice keep kids out of creek

9/16/2026 1:26 PM

10

Parking is tough during events (which we enjoy). We live on E Groschell and people will park in
our spots at our house its so busy.

9/15/2026 7:00 PM

11

None that i can think of

9/15/2026 5:28 PM

12

Close it and reduce tax burden. Sell the ground for commercial development.

9/15/2026 5:12 PM

13

Fix names that are spelled wrong on the Memorial. The play equipment is only good for kids
under 3. Better equipment like that in Skelton park

9/15/2026 9:39 AM

14

More playground equipment, cooking grilles, vending machine.

9/15/2026 9:03 AM

15

Sewer and water. The sewer infrastructure is struggling to keep up with the growing demand of
the city expanding.

9/14/2026 4:39 PM

16

Adequate sewer and water infrastructure and ada accessible bathroom facilities.

9/14/2026 11:12 AM

17

Covered area next to the playground

9/12/2026 6:14 PM

18

Not sure

9/12/2026 5:26 PM

19

Nothing off the top of my head

9/12/2026 5:16 PM

20

Cleaning/screenings for leftover junk, particularly needles from suspected drug use.

9/12/2026 12:40 PM

21

More trees

9/12/2026 10:11 AM

22

New trees for the trees that blew over. More seating.

9/11/2026 4:58 PM

23

None

9/11/2026 1:04 PM

24

I don't visit Main Street Park very often.

9/4/2026 8:45 AM

Q5

73 responses

How well do the existing city parks and facilities meet your family's recreation
needs?
Completely

Mostly

Somewhat

A little

Not at all
0%

Q6

6%

12%

18%

24%

30%

72 responses

4 / 35

36%

42%

48%

54%

60%

2026 City of East Helena Community Needs Assessment Survey

Which activities have you or any of your family members participated? (check all
that apply)

5 / 35

2026 City of East Helena Community Needs Assessment Survey

Walking/Jogging

Picnics

Basketball

Baseball

Soccer

Tennis

Hiking

Playing at playgrounds

Bicycling

Skating

Special Events

Skateboarding

Swimming

Swim Lessons

Water aerobics

Softball

Volleyball

Other

6 / 35

2026 City of East Helena Community Needs Assessment Survey

0%

9%

18%

27%

36%

Answer Choices

45%

54%

63%

72%

Percentage

Responses

Walking/Jogging

86.11%

62

Picnics

45.83%

33

Basketball

5.56%

4

Baseball

8.33%

6

Soccer

4.17%

3

Tennis

11.11%

8

Hiking

27.78%

20

Playing at playgrounds

45.83%

33

Bicycling

27.78%

20

Skating

6.94%

5

Special Events

50.00%

36

Skateboarding

8.33%

6

Swimming

31.94%

23

Swim Lessons

16.67%

12

Water aerobics

1.39%

1

Softball

6.94%

5

Volleyball

6.94%

5

Other

4.17%

3

Total

81%

90%

285

#

OTHER (PLEASE SPECIFY)

DATE

1

Pickleball

9/22/2026 1:29 PM

2

Hunt and fish

9/21/2026 1:44 PM

3

Dog walking at JFK and the connecting nature preserve.

9/20/2026 8:47 AM

7 / 35

2026 City of East Helena Community Needs Assessment Survey

4

Work bbqs at JFK are nice and affordable.

9/15/2026 7:00 PM

5

Smelling the sewage in the air from the overtaxed treatment facility.

9/14/2026 4:39 PM

6

Farmers Market Alive at 5 Food Truck Festival

9/14/2026 10:51 AM

7

Disc Golf

9/13/2026 8:40 AM

8

Gazebo exercise equipment

9/12/2026 10:11 AM

9

Trails, especially along Valley Dr, need improvement and maintenance to keep down weeds
and not have muddy trails.

9/11/2026 3:42 PM

10

I live alone and I’m 73 so sadly, I don’t visit all the parks regularly and I don’t do a lot of these
activities

9/11/2026 3:06 PM

41 responses

Q7

If you seldom or do not use parks in the City, what are your reasons?
Recreate elsewhere

City lacks adequate
​facilities

Transportation problems

Not interested

Other
0%

5%

10%

15%

20%

Answer Choices

25%

30%

35%

40%

45%

Percentage

Responses

Recreate elsewhere

41.46%

17

City lacks adequate facilities

7.32%

3

Transportation problems

2.44%

1

Not interested

24.39%

10

Other

34.15%

14

Total

50%

45

#

OTHER (PLEASE SPECIFY)

DATE

1

Limited mobility! Old age

10/2/2026 9:15 AM

8 / 35

2026 City of East Helena Community Needs Assessment Survey

2

Dogs need to be on leashes. My biggest dog reacts strongly to other dogs being off leash

10/2/2026 9:00 AM

3

No young children at home

9/22/2026 11:00 PM

4

I have dogs and occasionally there are dogs not leashed

9/22/2026 3:42 PM

5

My family lives in Helena and most of their activities are there.

9/21/2026 8:27 PM

6

Health

9/20/2026 11:20 AM

7

Dogs not welcome.

9/20/2026 8:47 AM

8

Not dog friendly

9/18/2026 10:32 PM

9

Disability

9/17/2026 10:06 PM

10

Just busy

9/17/2026 2:55 PM

11

Time. I work all the time to pay my mortgage and buy food.

9/17/2026 12:06 PM

12

Too busy

9/15/2026 9:53 PM

13

No longer live in East Helena or even the state of Montana

9/15/2026 4:00 PM

14

Older

9/15/2026 11:20 AM

15

The smell.

9/14/2026 4:39 PM

16

No information on what event is taking place

9/12/2026 4:07 PM

17

N/A

9/11/2026 1:04 PM

18

Walk the grove

9/11/2026 7:37 AM

19

We just don't have a need to visit the parks all that often.

9/4/2026 8:45 AM

Q8

74 responses

Of the following list, which would you most like to see in the City of East Helena?
(check all that apply)

9 / 35

2026 City of East Helena Community Needs Assessment Survey

Walking Trails

Arts/Cultural Facilities

Picnic Areas

Picnic Shelters

Tennis Court

Multi-sport Court

Soccer Fields

Playgrounds

Open Space

Basketball Court

Baseball Fields

Music Concerts

River Access

Outdoor Exercise
​Equipment

Dog Park

Indoor Exercise Facility

Other
0%

6%

12%

18%

24%

10 / 35

30%

36%

42%

48%

54%

60%

2026 City of East Helena Community Needs Assessment Survey

Answer Choices

Percentage

Responses

Walking Trails

59.46%

44

Arts/Cultural Facilities

18.92%

14

Picnic Areas

20.27%

15

Picnic Shelters

16.22%

12

Tennis Court

6.76%

5

Multi-sport Court

17.57%

13

Soccer Fields

5.41%

4

Playgrounds

22.97%

17

Open Space

21.62%

16

Basketball Court

16.22%

12

Baseball Fields

8.11%

6

Music Concerts

43.24%

32

River Access

25.68%

19

Outdoor Exercise Equipment

14.86%

11

Dog Park

35.14%

26

Indoor Exercise Facility

27.03%

20

Other

16.22%

12

Total

278

#

OTHER (PLEASE SPECIFY)

DATE

1

Community Center (a place where you dont have to schedule - first drop in). Would like to see
some sort of recreation for kids that are too young to drive like a skateboard park or a pool
room/foozball for kids to keep them off the street.

10/2/2026 9:01 AM

2

Community Center

10/2/2026 8:57 AM

3

Pickleball

9/22/2026 1:29 PM

4

Motorized sport access for kids

9/20/2026 10:45 AM

5

More areas where dogs are welcome.

9/20/2026 8:47 AM

11 / 35

2026 City of East Helena Community Needs Assessment Survey

6

I would like to not see the slag pile anymore.

9/17/2026 12:55 PM

7

Laser tag

9/15/2026 9:53 PM

8

Hardware store!

9/15/2026 7:00 PM

9

A community center would be wonderful. There isn't alot for kids and teens to do that isn't
expensive for low income people in the area.

9/15/2026 5:28 PM

10

Restaurants

9/15/2026 5:12 PM

11

Someone who would take me off the mailing lists

9/15/2026 4:00 PM

12

Clean fresh water and air. No smell of sewage.

9/14/2026 4:39 PM

13

Disc golf course, and ice rink for skating in the winter

9/13/2026 8:40 AM

14

Fun kids areas

9/12/2026 6:14 PM

15

Please pave trerise road

9/12/2026 5:26 PM

16

SIDEWALKS. So many neighborhoods they don’t exist, and some are in need of replacement
or repair. Some places there are trees or bushes that block or nearly block a sidewalk.

9/11/2026 11:17 PM

17

Need these in Highland Meadows.

9/11/2026 8:00 PM

18

Full size indoor competition swimming pool.

9/11/2026 3:42 PM

79 responses

Q9

Are the City's existing recreational opportunities adequate for the following age
groups?
Preschool

Elementary

High School

Young Adults

Middle Age

Senior Citizens
0%

10%

20%

30%

Yes

Q10

40%

No

79 responses

12 / 35

50%

60%

No Opinion

70%

80%

90%

100%

2026 City of East Helena Community Needs Assessment Survey

Which of the following funding mechanisms would your family be willing to support
for improvements and/or additional facilities?
Establish a Park District
​with voter approval
General Obligation Bond
​Issue
Special Fundraising
​Campaign

User Fees

Property Tax Increase

Public and Private Grants

Other
0%

10%

20%

30%

Would Support

Q11

40%

50%

60%

Would Not Support

70%

80%

90%

100%

40%

45%

50%

Unsure

77 responses

What do you feel the City should prioritize as it grows?
Affordable Housing

Infrastructure

Walkability

Business Development

Outdoor Recreation

Other
0%

5%

10%

15%

20%

13 / 35

25%

30%

35%

2026 City of East Helena Community Needs Assessment Survey

Answer Choices

Percentage

Responses

Affordable Housing

14.29%

11

Infrastructure

42.86%

33

Walkability

5.19%

4

Business Development

22.08%

17

Outdoor Recreation

3.90%

3

Other

11.69%

9

Total

77

#

OTHER (PLEASE SPECIFY)

DATE

1

Walkability and business development

10/2/2026 9:01 AM

2

Restrictions on watering. Arizona has had lakes dry up because of global warming. The city
needs to address this matter as it is getting warmer and warmer and Montana does not have a
lot of water.

10/2/2026 9:00 AM

3

walkability, business development

10/2/2026 8:31 AM

4

And walkablity

9/25/2026 5:59 PM

5

Traffic

9/25/2026 8:01 AM

6

Reduce fees of water, sewer and trash pickup

9/23/2026 8:45 AM

7

Improved roads and sidewalks, businesses down town.

9/22/2026 11:00 PM

8

Crime and safety.

9/21/2026 1:44 PM

9

The developers of new subdivisions make more than enough money for infrastructure
improvements. The developers for new subdivisions need to pay for improvements n not the
residents who have already paid for improvement for their their homes!

9/20/2026 10:45 AM

10

Safe routes to school

9/19/2026 6:25 PM

11

Road improvements

9/18/2026 10:32 PM

12

Sewer lines and system.

9/17/2026 3:05 PM

13

Our roads are TERRIBLE and the asphalt is failed on nearly every one of them. The sewer
service is outrageously expensive. Keep existing user rates low and charge New builds a lot
more. East Helena needs to attract restaurants.

9/15/2026 5:12 PM

14

Taking me off their mailing list

9/15/2026 4:00 PM

15

Need places to eat

9/15/2026 11:20 AM

16

Open space. Making sure the post office remains where we can walk to it. Making sure the
developers pay all the fees related to enlarging our sewer and water systems. East Helenans
who do not want all these masses should not have to pay one cent for improvements . Making
sure the new people are not allowed to silence our trains .

9/15/2026 9:39 AM

17

Water treatment!!

9/14/2026 4:39 PM

18

It is incredibly crucial that as the City continues to grow, adequate infrastructure for sewer and
water is in place.

9/14/2026 11:12 AM

14 / 35

2026 City of East Helena Community Needs Assessment Survey

19

Road maintenance in East Helena. Treise road needs graded or gravel placed SO badly!

9/12/2026 8:30 PM

20

Enforcing city ordinances concerning parking on streets rather than being parked on the actual
street. Weed control and maintenance of boulevards

9/12/2026 4:07 PM

21

Water and affordable electric

9/12/2026 10:11 AM

22

Would like to also select Infrastructure as well.

9/11/2026 8:00 PM

23

Fix Valley Drive and the trail along it for kids to go to school!! N

9/11/2026 3:42 PM

78 responses

Q12

What part of the City's infrastructure needs improvements?
Sewer

Water

Streets

Pedestrian access
​(walkability & ADA)

Stormwater

Telecommunications
Community Services (Fire,
​Hospital, School, Libraries,
​etc.)
Other
0%

5%

10%

15%

20%

Answer Choices

25%

30%

35%

40%

45%

50%

Percentage

Responses

Sewer

17.95%

14

Water

1.28%

1

Streets

50.00%

39

Pedestrian access (walkability & ADA)

11.54%

9

Stormwater

2.56%

2

Total

78

15 / 35

2026 City of East Helena Community Needs Assessment Survey

Telecommunications

1.28%

1

Community Services (Fire, Hospital, School, Libraries, etc.)

12.82%

10

Other

2.56%

2

Total

78

#

OTHER (PLEASE SPECIFY)

DATE

1

Food establishments,

10/2/2026 9:21 AM

2

Need grant funding to offset improvement costs of sewer upgrade and increase in resident bills!
New street N-S MT ave high traffic route in repair of others! Larger new East Helena Fire
station!

10/2/2026 9:15 AM

3

Pedestrian access/walkability and stormwater too

10/2/2026 9:01 AM

4

See above

10/2/2026 9:00 AM

5

water and streets

10/2/2026 8:31 AM

6

More controlled intersections

9/19/2026 6:25 PM

7

Sewer Cost, streets.

9/15/2026 5:12 PM

8

Mailing list

9/15/2026 4:00 PM

9

Streets are horrible

9/15/2026 11:20 AM

10

Putting the water lines in each individual lot. Finding shared holes for water pipes should be
fixed. If my pipe breaks I have to dig up my neighbors yard. The City did this , the City should
fix it.

9/15/2026 9:39 AM

11

Valley drive needs to be rebuilt.

9/14/2026 6:38 PM

12

Sewer AND streets!!

9/14/2026 4:12 AM

13

Please pave trerise road

9/12/2026 5:26 PM

14

The streets need to be repaired, the potholes have been patched and patched and are beyond
repair.

9/12/2026 4:03 PM

15

Water also

9/11/2026 5:55 PM

16

Valley drive is terrible. Fix it asap!

9/11/2026 3:42 PM

17

Curbs, sidewalks, streetlights.

9/11/2026 7:37 AM

Q13

74 responses

What is the single most important thing that would make living in East Helena
better for you?

16 / 35

2026 City of East Helena Community Needs Assessment Survey

More job opportunities

More shopping services

More financing
​establishments
Gym/Community activity
​area

Industry

More childcare options

More affordable housing

Medical services

Other
0%

5%

10%

15%

20%

Answer Choices

25%

30%

35%

40%

45%

Percentage

Responses

More job opportunities

12.16%

9

More shopping services

45.95%

34

More financing establishments

1.35%

1

Gym/Community activity area

24.32%

18

Industry

13.51%

10

More childcare options

4.05%

3

More affordable housing

17.57%

13

Medical services

16.22%

12

Other

32.43%

24

Total

124

17 / 35

50%

2026 City of East Helena Community Needs Assessment Survey

#

OTHER (PLEASE SPECIFY)

DATE

1

Transportation - Senior Citizens - Disabled - Night and weekend service - Non drivers

10/2/2026 9:15 AM

2

Drug store and hardware store

10/2/2026 9:01 AM

3

Better transportation systems. More buses, etc.

10/2/2026 9:00 AM

4

Community Center

10/2/2026 8:57 AM

5

More restaurants

9/25/2026 8:01 AM

6

Less government.

9/21/2026 1:44 PM

7

A separate senior center for the elderly.

9/20/2026 11:20 AM

8

Maintaining a small town feel by ensuring areas of concentration (shopping/schools/parks) are
spread out and can’t cause their local traffic congestion to expand and turn into one big mess
like Helena. Expand the city to pull in some housing areas to increase the tax base. Too many
people are living outside the city limits but using city infrastructure and not paying for it through
taxes.

9/20/2026 8:47 AM

9

A guarantee that the levels of lead and arsenic in addition to other harmful chemicals are at a
level that promotes a healthy environment to live in.

9/17/2026 12:55 PM

10

Hardware store! So I don’t have to go into town 3 times a project.

9/15/2026 7:00 PM

11

Good restaurants and bakery.

9/15/2026 5:12 PM

12

More restaurants

9/15/2026 4:46 PM

13

Take me off the mailing list

9/15/2026 4:00 PM

14

Restaurants

9/15/2026 2:06 PM

15

Having a Rock Hand here and a chick filet

9/15/2026 9:39 AM

16

Street repair

9/14/2026 8:12 PM

17

Water treatment for the waste water being generated by the growing community.

9/14/2026 4:39 PM

18

New council members

9/14/2026 12:28 PM

19

Bigger grocery store

9/14/2026 11:53 AM

20

Fix the sewer issue

9/13/2026 8:08 PM

21

More restaurants/grocery options

9/13/2026 8:40 AM

22

Safer road crossings, maybe a round about at the Pricklypear school exit to control the flow of
traffic.

9/12/2026 5:16 PM

23

Better enforcement of city ordinances concerning parking!

9/12/2026 4:07 PM

24

More community events.

9/12/2026 4:03 PM

25

Lower property taxes

9/12/2026 3:57 PM

26

Sidewalks and streets.

9/11/2026 11:17 PM

27

Quality food

9/11/2026 7:49 PM

28

Better infrastructure.

9/11/2026 3:42 PM

29

Restaurants may fit in shopping services. A hardware store would also be fantastic

9/4/2026 8:45 AM

Q14

62 responses

What role does tourism play in the economic growth of East Helena? (check all that
apply)

18 / 35

2026 City of East Helena Community Needs Assessment Survey

More job opportunities

More recreation

More opportunity for
​residents

0%

6%

12%

18%

24%

30%

36%

42%

48%

54%

60%

Q15 What do you see as the biggest issue with the current housing
availability in East Helena?
Answered: 55

Skipped: 25

#

RESPONSES

DATE

1

Not enough water for some of the new developments proposed and loss of precious land that
have wildlife on it that will be forever gone.

10/2/2026 9:21 AM

2

Affordability - what higher income home owners can afford - lower income people cannot!
Current long time residents are being priced out of the current housing market!

10/2/2026 9:15 AM

3

Housing is too expensive for most people, but it is not just East Helena - it is everywhere.
Question 14: Tourist should pay some fee to use East Helena's facilities.

10/2/2026 9:00 AM

4

Affordable housing/low income housing, has no purchasing power and will not help the
infrastructure of East Helena. You need business & industry i.e. manufacturing

10/2/2026 8:57 AM

5

Having enough water for the new subdivisions

10/2/2026 8:31 AM

6

That it is doubling/tripling without oversight for infrastructure

9/25/2026 5:59 PM

7

I don't see a problem

9/25/2026 8:01 AM

8

Price of rent and property taxes are too high

9/23/2026 8:45 AM

9

Affordability

9/22/2026 11:00 PM

10

We are increasing housing and not keeping up with infrastructure. The up grades appear to fall
on the shoulder of long time residents

9/22/2026 3:42 PM

11

Affordable housing

9/21/2026 8:27 PM

12

I’m a homeowner so it doesn’t affect me.

9/20/2026 11:20 AM

13

Stop making current residents pay for infrastructure improvements for new subdivisions. That's
the developers responsibility!

9/20/2026 10:45 AM

14

Affordability. Property taxes driven by the GOP governor have made housing expensive. I own
a new home in east Helena but it was built to standards that are too upper class (granite
countertops). While these are nice they are unnecessary and drive up the price of the house.

9/20/2026 8:47 AM

19 / 35

2026 City of East Helena Community Needs Assessment Survey

East Helena needs a raft of different sized homes for ownership. It does not need more
apartments, McMansions, or out-of-state developers who charge high prices because they
have wealth goals that don’t match Montana paychecks. Overall I love east Helena and it can
be that refuge of affordable in-city-limits housing. Too many people are forced to live in country
subdivisions that have no sidewalks or curbs or stormwater drains.
15

No one in East Helena is able to afford half million dollars for an “affordable” home.

9/19/2026 6:25 PM

16

It’s getting more and more expensive to here. Water and sewage sky rocketing. How are people
keeping up with this increase? Houses are already expensive for a family. Then adding in that
increase is insane.

9/18/2026 9:05 AM

17

Affordable housing

9/17/2026 10:06 PM

18

The rise in utility costs and taxes for current residents.

9/17/2026 5:42 PM

19

Sewer is a big challenge.

9/17/2026 3:05 PM

20

The affordable housing rates are geared more towards people that are moving in from out of
state and not geared towards folks that are already in the community and are being priced out.

9/17/2026 12:55 PM

21

It’s overpriced because of that goddamn television show Yellowstone.

9/17/2026 12:06 PM

22

Price of homes

9/17/2026 10:11 AM

23

Way too expensive

9/17/2026 9:42 AM

24

The biggest issue is the process for approval of new submissions needs to be more
streamlined so they get approved in a speedier fashion. Stop adding useless fees

9/17/2026 8:13 AM

25

Cost

9/16/2026 1:26 PM

26

We need more affordable multi family homes, that are of high quality

9/15/2026 9:53 PM

27

As everywhere, costs too much. We inherited, so I can’t even imagine. New subdivisions seem
to be straining the infrastructure. More will exacerbate the problem.

9/15/2026 7:00 PM

28

The price of housing in comparison to the average households wages is very disproportionate.
Its extremely hard for families to afford rent with how much it is these days and buying a house
has become almost unachievable. Leaving young families caught in the rent cycle, never
owning a home.

9/15/2026 5:28 PM

29

Affordability

9/15/2026 5:12 PM

30

Stop building sub division we are getting to big

9/15/2026 4:54 PM

31

Prices for even an old little place.

9/15/2026 9:39 AM

32

The current prices are just ridiculous. There is not enough supply of houses to reduce the cost
through competition and not enough good paying jobs to support the current economy. There
were too many affordable homes sold to people with Money and it killed the affordability for a
workforce to be supported.

9/15/2026 9:03 AM

33

Not sure

9/14/2026 8:12 PM

34

Affordability, but this is a national issue.

9/14/2026 6:38 PM

35

Too many out of state criminals moving in and doing exactly what they did in their home state.

9/14/2026 4:39 PM

36

Price / interest rates

9/14/2026 12:28 PM

37

Affordable and available housing is a very large issue in East Helena.

9/14/2026 11:12 AM

38

Moving WAY too fast. Growth should have been planned slower

9/14/2026 10:00 AM

39

That affordable housing is being shoved down our throats. Quit trying to make it a thing. We
don’t need mass produced cheap housing when we don’t have the infrastructure to support that
and the population that comes with it.

9/14/2026 4:12 AM

20 / 35

2026 City of East Helena Community Needs Assessment Survey

40

The city needs to prioritize having adequate infrastructure before encouraging further growth.
The mayor’s boneheaded lack of action that led to the city not getting the water rights for an
area where it expects yet another subdivision to be built is a perfect example. Focus on making
what we have livable and sustainable and growth will take care of itself.

9/13/2026 4:05 PM

41

Water availability

9/12/2026 8:30 PM

42

NA

9/12/2026 6:14 PM

43

Not enough and it is too expensive

9/12/2026 5:26 PM

44

That the current zoning does not accurately capture the true residence of East Helena. We
need to annex the middle of town, and the East Gate communities. We should also push to
zone in the houses East of Wylie Dr. south of York Rd all the way to Canyon Ferry lake. I
understand the cost is a lot but do it on a 10- 15 year plan. We are losing out on tax revenues.

9/12/2026 5:16 PM

45

Too many new developments which is making housing unaffordable

9/12/2026 4:03 PM

46

General housing market in this area is difficult and high.

9/12/2026 12:40 PM

47

Over populated for water and living expenses.

9/12/2026 10:11 AM

48

Price of real estate and rent. It’s out of control.

9/11/2026 11:17 PM

49

I think we are growing at a capacity in which are infrastructure is behind. Need to keep utilities
affordable to go with the housing now.

9/11/2026 8:00 PM

50

Too many habitat homes being allowed. Causing inappropriate homeowners as well as law
breakers and trouble makers into quality neighborhoods.

9/11/2026 7:49 PM

51

High prices.

9/11/2026 4:58 PM

52

Sewer issues with the city

9/11/2026 3:42 PM

53

None

9/11/2026 1:04 PM

54

Water, taxes.

9/11/2026 12:31 PM

55

The wastewater treatment plant not being capable of accepting and treating wastewater as
housing availability increases and population grows. I have been to the City meetings
discussing these issues and the current state of the wastewater treatment plant.

9/4/2026 8:45 AM

Q16 What types of housing would you like to see in East Helena? (single
family, multi-family, townhome, etc.)
Answered: 61

Skipped: 19

#

RESPONSES

DATE

1

Single family

10/2/2026 9:21 AM

2

All of the above - especially senior housing developments!

10/2/2026 9:15 AM

3

Townhomes

10/2/2026 9:00 AM

4

Mixed usage/less low income

10/2/2026 8:57 AM

5

Single family

10/2/2026 8:31 AM

6

Any of itnas long as its owned homed and not rentals

9/25/2026 5:59 PM

7

No more

9/25/2026 8:01 AM

8

Single family

9/23/2026 8:39 PM

9

Single family

9/23/2026 3:09 PM

21 / 35

2026 City of East Helena Community Needs Assessment Survey

10

Slow down the growth. It is chaotic

9/23/2026 8:45 AM

11

Variety

9/22/2026 11:00 PM

12

Multi family homes.

9/21/2026 8:27 PM

13

None. Buy the old ones first and fix them.

9/21/2026 1:44 PM

14

Townhomes with proper yard maintenance

9/20/2026 11:20 AM

15

Single family homes n less rentals

9/20/2026 10:45 AM

16

Single family of different sizes with at least .25 acre or more land, senior citizen 4-plex/8-plex
places for retirees/widows who want a quiet clean safe place to live. Clean trailer courts in city
limits so that yard waste/yard care can be enforced. Trailer courts needs local ownership with
regulation covering trailer age and rent controls.

9/20/2026 8:47 AM

17

Multi family homes, condos, apartments, duplexes.

9/19/2026 6:25 PM

18

NO HABITAT FOR HUMANITY!! Get that out of here. I’m sorry this sounds insensitive but I
worked my ass off to “afford” a home for my family. This attracts a group of family and makes
them a dominate force in our community and I don’t believe that’s what we want to attract. No
townhomes. There is a reason we live and not in Helena. Single family development

9/18/2026 9:05 AM

19

Multifamily

9/17/2026 10:06 PM

20

Single family

9/17/2026 5:42 PM

21

Single family.

9/17/2026 3:05 PM

22

All

9/17/2026 2:55 PM

23

Single family homes.

9/17/2026 12:55 PM

24

Family

9/17/2026 12:06 PM

25

Single family

9/17/2026 10:11 AM

26

Affordable single family homes. With adequate space between them

9/17/2026 9:42 AM

27

Single family

9/17/2026 8:13 AM

28

All of the above

9/17/2026 6:46 AM

29

All

9/16/2026 1:26 PM

30

All of the above, and mixed in. We need more multi family and townhomes

9/15/2026 9:53 PM

31

Single family.

9/15/2026 7:00 PM

32

More multi family AFFORDABLE housing.

9/15/2026 5:28 PM

33

Single family only

9/15/2026 5:12 PM

34

Single family homes

9/15/2026 4:46 PM

35

Single family

9/15/2026 2:06 PM

36

Single family

9/15/2026 11:20 AM

37

Single family and not so close together that you can’t open any blinds.

9/15/2026 9:39 AM

38

Single family, town home, and ranchettes.

9/15/2026 9:03 AM

39

No opinion

9/14/2026 8:12 PM

40

Single family.

9/14/2026 4:39 PM

41

Single family

9/14/2026 12:28 PM

42

Multi

9/14/2026 11:53 AM

43

Mixed - single-family, multi-family, condos/townhomes.

9/14/2026 11:12 AM

22 / 35

2026 City of East Helena Community Needs Assessment Survey

44

Single family

9/14/2026 10:00 AM

45

Single family. No multi family. No affordable housing.

9/14/2026 4:12 AM

46

Single family homes are just fine. We don’t need multi-family housing to put more burdens on
already stressed infrastructure.

9/13/2026 4:05 PM

47

Single family homes

9/13/2026 8:40 AM

48

Single family

9/12/2026 8:30 PM

49

Single family

9/12/2026 6:14 PM

50

All

9/12/2026 5:26 PM

51

Single or multi-family housing

9/12/2026 4:07 PM

52

Single family

9/12/2026 4:03 PM

53

Single Family for sure.

9/12/2026 12:40 PM

54

Single family

9/12/2026 10:11 AM

55

Single family

9/11/2026 11:17 PM

56

Single family

9/11/2026 7:49 PM

57

Single family.

9/11/2026 4:58 PM

58

Single family

9/11/2026 3:42 PM

59

Multi-family housing units

9/11/2026 1:04 PM

60

Single family

9/11/2026 12:31 PM

61

Single family

9/4/2026 8:45 AM

Q17 What businesses or jobs would you like to see come to East Helena?
Answered: 61

Skipped: 19

#

RESPONSES

DATE

1

Restaurants, daycares, shopping centers.

10/2/2026 9:21 AM

2

Family type restaurants - especially fast food (not bars/casinos)

10/2/2026 9:15 AM

3

No large corporations. Smaller businesses - like possibly a coney island - which, I believe
would do well

10/2/2026 9:00 AM

4

Manufacturing, retail

10/2/2026 8:57 AM

5

Eating establishments

10/2/2026 8:31 AM

6

Restaurants. Not a smoke shop. Not insurance

9/25/2026 5:59 PM

7

State jobs

9/23/2026 8:39 PM

8

Restaurants for dinner

9/23/2026 3:32 PM

9

Jobs that offer a livable wage

9/23/2026 8:45 AM

10

Restaurants , hardware store, another grocery store.

9/22/2026 11:00 PM

11

More restaurants and/or some sort of fast food

9/22/2026 3:42 PM

12

Larger grocery store, cafe, gym with indoor playground, indoor pickleball, larger library.

9/22/2026 1:29 PM

13

Not sure.

9/21/2026 8:27 PM

23 / 35

2026 City of East Helena Community Needs Assessment Survey

14

Senior Center Restaurants Health Clinic

9/20/2026 11:20 AM

15

Automotive part store Hardware store

9/20/2026 10:45 AM

16

White collar small business plex where small services places can set up. Hair dresser, barber
shop, law office, tax place, gym. I prefer services vs shopping (Walmart is close enough for
shopping ). More restaurants. I am not interested in manufacturing/production because they are
noisy and stink. I’d rather see money put into transit to help people get to those kinds of jobs
built elsewhere. Not interested in bars or casinos. Any business that comes here needs to be
kept clean. I don’t want an industrial feel to east Helena like you see on Montana Ave around
the tracks in Helena. If those kind of businesses want o come here, park them on the other side
of the tracks by the fairgrounds and keep housing away from it.

9/20/2026 8:47 AM

17

You name one. We don’t have any besides bars and casinos. Blue collar, service industry etc.

9/18/2026 9:05 AM

18

Restaurants: fast food and fine dining Recreation without alcohol

9/17/2026 10:06 PM

19

Restaurants

9/17/2026 5:42 PM

20

General business jobs

9/17/2026 3:05 PM

21

The shopping available to the community for clothing is non existent and that includes all of
Helena. Grocery shopping in the east Helena area is at least 20yrs behind what it could
currently support. A business resource center to support and advice for small business
operations to be able to keep current with consumers needs and what they would support.

9/17/2026 12:55 PM

22

Manufacturing. Not service industry like fast food

9/17/2026 12:06 PM

23

Restaurants, manufacturing type jobs

9/17/2026 10:11 AM

24

We need to bring in industrial or manufacturing jobs that will provide high wages and benefits

9/17/2026 9:42 AM

25

Bigger grocery store, small boutique style destination stores along main street to keep our
weird vibe

9/17/2026 6:46 AM

26

A&W and more fast foods

9/16/2026 1:26 PM

27

More restaurants

9/15/2026 9:53 PM

28

Hardware store! And an autoparts store.

9/15/2026 7:00 PM

29

As I mentioned above, some sort of community center. I think it would be well received.

9/15/2026 5:28 PM

30

Cafés, restaurants, bakeries

9/15/2026 5:12 PM

31

More restaurants

9/15/2026 4:46 PM

32

Restaurants

9/15/2026 2:06 PM

33

Restaurants

9/15/2026 11:20 AM

34

A rock hand. Tried to get Sears to move here when they chose by Lowe’s. A fast food . Wrote
chick filet many times when Helena kept them from building.

9/15/2026 9:39 AM

35

My wife and I wanted to open up a gun store and expand it into an outdoor shop. A prison or a
second psyche hospital would bring really good paying state jobs. Some manufacturers, and
fabricators. Logging or mining outfits. Farming and ranching to keep the price of local food
reasonable. A slaughterhouse for local supply. Restaurants either chain or local mom and pop.
An outlet mall, or would bring back a mall for the kids but also keep prices cheaper were on an
interstate that heads back to Canada and should get some major business when the trade war
stops.

9/15/2026 9:03 AM

36

More restaurants, shopping opinions

9/14/2026 8:12 PM

37

Small businesses that draw people to downtown. Ice cream shop, art galleries, good food
joints.

9/14/2026 6:38 PM

38

No more weed shops. Anything else.

9/14/2026 4:39 PM

39

Restaurants Auto parts Hardware store

9/14/2026 12:28 PM

40

Pharmacy Laundry mat Another bank

9/14/2026 11:53 AM

24 / 35

2026 City of East Helena Community Needs Assessment Survey

41

More food/dining establishments, hardware store, pharmacy, laundromat.

9/14/2026 11:12 AM

42

Food

9/14/2026 10:51 AM

43

More restaurants.

9/14/2026 4:12 AM

44

Improved options for groceries and food.

9/13/2026 4:05 PM

45

Restaurants

9/13/2026 8:40 AM

46

Clothing, cafes, lunch spots, more coffee No more smoke/pot shops

9/12/2026 6:14 PM

47

Medical

9/12/2026 5:26 PM

48

Family eating restaurants

9/12/2026 4:07 PM

49

State of Montana buildings

9/12/2026 4:03 PM

50

Quality restaurants, a fun zone type thing for kids like the trampoline park or arcade type deal.
A pizza ranch or something similar in east Helena would be killer

9/12/2026 12:40 PM

51

Service industry,arts, and agriculture.

9/12/2026 10:11 AM

52

Small businesses, (nothing corporate like data centers) run by people who are invested in the
community.

9/11/2026 11:17 PM

53

Would love to have another grocery store, hardware store and possibly some more places to
eat here. This is an awesome community and would love to stay locally versus Helena business
taking all that business revenue.

9/11/2026 8:00 PM

54

Quality restaurants. Skate park. Places for children to hang out.

9/11/2026 7:49 PM

55

More cafe’s

9/11/2026 5:55 PM

56

More restaurants/ fast food, pharmacy and hardware store.

9/11/2026 4:58 PM

57

High quality sit down restaurant (NOT chain restaurants).

9/11/2026 3:42 PM

58

Restaurant

9/11/2026 3:06 PM

59

Restaurants

9/11/2026 1:04 PM

60

Restaurant, auto parts

9/11/2026 12:31 PM

61

Restaurants, hardware store, maybe something sporting goods related

9/4/2026 8:45 AM

Q18

80 responses

Mark up to 5 future projects or programs you would like the City to improve or
develop first (1 being first and 5 being last)

25 / 35

2026 City of East Helena Community Needs Assessment Survey

Improve community sewer
​system
Improve community water
​system

Improve streets/alleys

Improve recreation/park
​facilities

Improve sidewalks

Install curbs and gutters

Install more storm drains

Street lighting

Swimming pool

Community beautification

Housing

Economic development

Other

0%

10%

20%

1

30%

40%

2

50%

3

4

60%

70%

80%

90%

10…

5

Total

Improve community sewer system

1

2

3

4

5

32.35%

14.71%

26.47%

17.65%

8.82%

34

340

26 / 35

2026 City of East Helena Community Needs Assessment Survey

Improve community water system

Improve streets/alleys

Improve recreation/park facilities

Improve sidewalks

Install curbs and gutters

Install more storm drains

Street lighting

Swimming pool

Community beautification

Housing

Economic development

Other

11

5

9

6

3

14.71%

35.29%

23.53%

11.76%

14.71%

5

12

8

4

5

33.87%

22.58%

16.13%

9.68%

17.74%

21

14

10

6

11

18.52%

25.93%

14.81%

18.52%

22.22%

5

7

4

5

6

16.13%

25.81%

22.58%

25.81%

9.68%

5

8

7

8

3

13.33%

6.67%

26.67%

26.67%

26.67%

2

1

4

4

4

7.14%

42.86%

14.29%

28.57%

7.14%

1

6

2

4

1

16.67%

8.33%

16.67%

41.67%

16.67%

4

2

4

10

4

20.00%

30.00%

20.00%

10.00%

20.00%

2

3

2

1

2

22.22%

7.41%

14.81%

25.93%

29.63%

6

2

4

7

8

15.00%

25.00%

10.00%

25.00%

25.00%

3

5

2

5

5

21.05%

10.53%

34.21%

13.16%

21.05%

8

4

13

5

8

25.00%

0%

0%

0%

75.00%

1

0

0

0

3

34

62

27

31

15

14

24

10

27

20

38

4

340

#

OTHER (PLEASE SPECIFY)

DATE

1

It only let me mark two include sewer system, economic development, Storm drains

9/17/2026 12:06 PM

27 / 35

2026 City of East Helena Community Needs Assessment Survey

2

Take me off the mailing list. I have not live there in 3 years and never gave them my current
address

9/15/2026 4:00 PM

3

East Helena has no regulations and houses yards are full of garbage and unkept lawns

9/15/2026 11:20 AM

4

Police need to be more visible and allowed to do their jobs.

9/14/2026 4:39 PM

5

City would be so much more walkable if there were more sidewalks.

9/11/2026 11:17 PM

63 responses

Q19

What additional health services are needed in your community? (check all that
apply)
Women, Infant & Children
​Programs

Assisted Living Facilities

Physician Specialists

Dentists

Visiting Nurses

Home Health Care

EMTs

Mental Health Services

Other
0%

5%

10%

15%

20%

Answer Choices

25%

30%

35%

40%

45%

Percentage

Responses

Women, Infant & Children Programs

34.92%

22

Assisted Living Facilities

41.27%

26

Physician Specialists

38.10%

24

Dentists

46.03%

29

Total

176

28 / 35

50%

2026 City of East Helena Community Needs Assessment Survey

Visiting Nurses

19.05%

12

Home Health Care

28.57%

18

EMTs

20.63%

13

Mental Health Services

38.10%

24

Other

12.70%

8

Total

176

#

OTHER (PLEASE SPECIFY)

DATE

1

It would be nice to have a small clinic for residents to get their flu shots etc.

10/2/2026 9:01 AM

2

Medical complexes here would be a great idea. It would help expand the tax base and give a
good reason to expand public transit and retirement living to help keep east Helena small and
quiet.

9/20/2026 8:47 AM

3

Helena is close enough. A place was tried by prickly pear school and went broke.

9/15/2026 9:39 AM

4

No opinion

9/14/2026 8:12 PM

5

Urgent care facility, pharmacy

9/13/2026 8:40 AM

6

Urgent care

9/12/2026 8:30 PM

7

NA. Helena’s close enough.

9/12/2026 6:14 PM

8

I honestly don’t know as we do these out of Helena as I think most of us do. Maybe assisted
living facilities for our aging loved ones.

9/11/2026 8:00 PM

9

urgent care

9/4/2026 8:45 AM

Q20

55 responses

What additional educational programs would you like to have? (check all that apply)

29 / 35

2026 City of East Helena Community Needs Assessment Survey

Vocational Training

College Preparation

Adult Basic Education
Adult Continuing
​Education

Other
0%

7%

14%

21%

28%

Answer Choices

35%

42%

49%

56%

63%

Percentage

Responses

Vocational Training

52.73%

29

College Preparation

27.27%

15

Adult Basic Education

27.27%

15

Adult Continuing Education

61.82%

34

Other

9.09%

5

Total

70%

98

#

OTHER (PLEASE SPECIFY)

DATE

1

ROTC program to help kids learn about and go into the military.

9/20/2026 8:47 AM

2

None

9/15/2026 5:12 PM

3

No opinion

9/14/2026 8:12 PM

4

NA. Helena’s close enough.

9/12/2026 6:14 PM

5

N/A

9/4/2026 8:45 AM

Q21

78 responses

Do you own or rent your residence?

30 / 35

2026 City of East Helena Community Needs Assessment Survey

Own

Rent

0%

Q22

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

45%

50%

79 responses

How many years have you lived in East Helena?

Less than 5 years

5-10 years

More than 10 years

0%

Q23

5%

10%

15%

20%

78 responses

Age of Head of Household

31 / 35

25%

30%

35%

40%

2026 City of East Helena Community Needs Assessment Survey

18-29

30-39

40-49

50-65

Over 65
0%

3%

6%

9%

12%

15%

18%

21%

24%

27%

30%

Q24 Number of people living at residence?
Answered: 77

Skipped: 3

#

RESPONSES

DATE

1

1

10/2/2026 9:21 AM

2

1

10/2/2026 9:15 AM

3

1

10/2/2026 9:00 AM

4

1

10/2/2026 8:57 AM

5

1

10/2/2026 8:31 AM

6

2

9/25/2026 5:59 PM

7

3

9/25/2026 8:01 AM

8

4

9/23/2026 8:39 PM

9

1

9/23/2026 3:32 PM

10

2

9/23/2026 3:09 PM

11

1

9/23/2026 8:45 AM

12

2

9/22/2026 11:00 PM

13

2

9/22/2026 3:42 PM

14

3

9/22/2026 1:29 PM

15

1

9/21/2026 8:27 PM

16

2

9/20/2026 11:20 AM

17

3

9/20/2026 10:45 AM

18

2

9/20/2026 8:47 AM

19

3

9/19/2026 6:25 PM

20

1

9/18/2026 10:32 PM

32 / 35

2026 City of East Helena Community Needs Assessment Survey

21

4

9/18/2026 9:05 AM

22

3

9/17/2026 10:06 PM

23

4

9/17/2026 5:42 PM

24

4

9/17/2026 3:05 PM

25

2

9/17/2026 2:55 PM

26

2

9/17/2026 12:55 PM

27

1

9/17/2026 12:06 PM

28

2

9/17/2026 10:11 AM

29

3

9/17/2026 9:42 AM

30

1

9/17/2026 8:13 AM

31

5

9/17/2026 6:46 AM

32

2

9/16/2026 1:26 PM

33

4

9/15/2026 9:53 PM

34

3

9/15/2026 7:00 PM

35

5

9/15/2026 5:28 PM

36

1

9/15/2026 5:12 PM

37

2

9/15/2026 4:54 PM

38

1

9/15/2026 4:46 PM

39

1

9/15/2026 2:06 PM

40

2

9/15/2026 11:20 AM

41

1

9/15/2026 9:39 AM

42

5

9/15/2026 9:03 AM

43

2

9/14/2026 8:12 PM

44

2

9/14/2026 7:48 PM

45

2

9/14/2026 6:38 PM

46

5

9/14/2026 4:39 PM

47

2

9/14/2026 12:28 PM

48

2

9/14/2026 11:53 AM

49

2

9/14/2026 11:12 AM

50

1

9/14/2026 10:51 AM

51

2

9/14/2026 10:00 AM

52

2

9/14/2026 4:12 AM

53

2

9/13/2026 8:08 PM

54

2

9/13/2026 4:05 PM

55

1

9/13/2026 9:54 AM

56

5

9/13/2026 8:40 AM

57

1

9/12/2026 8:30 PM

58

3

9/12/2026 6:14 PM

33 / 35

2026 City of East Helena Community Needs Assessment Survey

59

2

9/12/2026 5:26 PM

60

5

9/12/2026 5:16 PM

61

2

9/12/2026 4:07 PM

62

3

9/12/2026 4:03 PM

63

2

9/12/2026 3:57 PM

64

3

9/12/2026 12:40 PM

65

2

9/12/2026 10:11 AM

66

1

9/11/2026 11:17 PM

67

1

9/11/2026 8:35 PM

68

4

9/11/2026 8:00 PM

69

3

9/11/2026 7:49 PM

70

2

9/11/2026 5:55 PM

71

2

9/11/2026 4:58 PM

72

2

9/11/2026 3:42 PM

73

1

9/11/2026 3:06 PM

74

1

9/11/2026 1:04 PM

75

3

9/11/2026 12:31 PM

76

2

9/11/2026 7:37 AM

77

2

9/4/2026 8:45 AM

Q25

74 responses

What was your annual household income before taxes in 2025?

34 / 35

2026 City of East Helena Community Needs Assessment Survey

Less than $10,000

$10,000 to $19,999

$20,000 to $29,999

$30,000 to $49,999

$50,000 to $74,999

$75,000 to $99,999

$100,000 to $149,999

$150,000 or more
0%

4%

8%

12%

16%

35 / 35

20%

24%

28%

32%

36%

40%

RESOLUTION NO 648
A RESOLUTION OF INTENT TO VACATE AND ABANDON THE WEST 30 FEET OF THE
EXISTING 60 FOOT CASEY AVENUE RIGHT OF WAY WITHIN THE CITY OF EAST
HELENA MONTANA AND TO RETAIN THE EAST 30 FEET FOR PUBLIC ACCESS AND
FUTURE CITY UTILITIES
WHEREAS, the City has received a petition from DWC Properties, LLC, identifying Associated Foods,
Inc. as co-petitioner, requesting abandonment of the full width of Casey Avenue described by reference to
Certificate of Survey No. 202893, to facilitate parking and expansion of the Heritage Grocery Store; and
WHEREAS, The petition affects the Casey Avenue segment located between Clark Street and Highway
12 in Block 6 of the Casey Addition; and
WHEREAS, Section 7-14-4114, MCA, authorizes discontinuance of all or part of a municipal street
upon a qualifying petition, required notice, and a determination that the action can occur without
detriment to the public interest; and
WHEREAS, City staff does not support full width abandonment and recommends vacation of only the
west 30 feet, retaining the east 30 feet as public right-of-way for access and placement of future City
utilities; and
WHEREAS, the Council intends that any approved vacation provide for allocation of the west 30-foot
strip to adjacent properties after review of the dedication, title records, and applicable law, while
maintaining the eastern corridor and necessary connections to other public rights-of-way; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST
HELENA, MONTANA:
Section 1 Declaration of intent and scope
The Council declares its intent to consider vacation and abandonment of only the west 30 feet of the
existing 60-foot Casey Avenue right-of-way within the petitioned segment, as preliminarily described in
Exhibit A. This resolution does not approve the requested full-width abandonment. The east 30 feet shall
remain public right-of-way for public access and existing and future City utilities. The full-width vacation
and replacement alley shown on the petitioner’s exhibit are not adopted by this resolution.

Section 2 Public interest and retained corridor
The Council’s preliminary purpose is to allow the west-half vacation while preserving a continuous
eastern corridor. Before final approval, the Council shall determine, based on the hearing record and staff
review, that the partial vacation will not be detrimental to the public interest.

Section 3 Survey and ownership verification
Before final action, staff shall verify current lot ownership, authorized petition signatures, and compliance
with the petition threshold in Section 7-14-4114(1), MCA. Petitioners shall be responsible for preparation
of an amended plat showing right-of-way vacation and inclusion of that area in adjoining lots as well as
preparation of deeds as required by law. A Montana licensed professional land surveyor shall prepare an
amended plat and recordable legal description showing the west 30-foot area, the retained east 30 feet,
terminal limits, intersecting rights-of-way, any required easements, and proposed allocation to adjoining
parcels. The amended plat and deeds shall be provided to City staff for review prior to preparation of a
final resolution to vacate the right-of way is considered by the Council.
Section 4 Utility rights and access protections
Any final vacation shall preserve existing utility rights under Sections 7-14-4115 and 76-3-305(2), MCA,
as applicable. Staff shall obtain utility-provider review and identify any additional easements needed
within the west-half area for facilities, access, maintenance, repair, and replacement. Necessary easements
shall be approved and recorded before or concurrently with any effective vacation. No utility relocation is
authorized by this resolution.
Casey Avenue partial vacation | 1

The retained east 30-foot right-of-way shall remain available for public access and future City utilities.
Any necessary connection or supplementary access or utility easement outside that strip must be
identified and secured before final effectiveness. Vacation shall not eliminate a parcel’s lawful access or
impair an existing private easement without a legally sufficient resolution of that right.

Section 5 Intended disposition of the west half
The Council intends that the west-half area, if finally vacated, become part of adjoining private properties,
with allocation initially proposed to the parcels immediately abutting its western boundary. The final
resolution shall identify the receiving parcels, owners, and allocated areas. Where Section 76-3-305(1),
MCA, applies, the Council shall determine title reversion after considering prior platting, original
dedication or conveyance, petition reasons and parties, and adjoining-owner agreements. No entitlement
to a particular portion is created by this resolution.
The City Attorney shall determine whether statutory title reversion applies or a separate conveyance of
City-owned property is necessary. Any separate conveyance shall comply with Section 7-8-4201, MCA,
as applicable, including required voting and any applicable trust-property restrictions. Deeds or other
instruments shall convey only the interest the City lawfully holds and shall preserve required easements.
No deed or transfer is approved or authorized for execution by this resolution.

Section 6 Final action and recording
Following public review and completion of the required verification, the Council may approve, modify,
or deny the proposed partial vacation by separate final action. Required surveys, easements, deeds, and
the final resolution shall be recorded with the Lewis and Clark County Clerk and Recorder as directed by
the final action. Until that action becomes effective under its terms, the entire existing Casey Avenue
right-of-way remains in place.

Section 7 Effect of this resolution
This resolution becomes effective upon adoption solely as a declaration of intent and direction for further
review and notice. It does not vacate any right-of-way, transfer title, approve development, or commit the
City to pay survey, legal, utility relocation, or recording costs.
PASSED AND ADOPTED by the City Council of the City of East Helena, Montana, this 6th day of
October, 2026.
__________________________________
Mayor
ATTEST
__________________________________
City Clerk

Casey Avenue partial vacation | 2

49.98'

49.97'

PAGE 1 OF 3
JOB No. 5415A
DRAFTED BY: JR/IR
DATE: AUGUST 18, 2025

59.98'

49.98'

DWC
PROP
ERTIE
LOTS
S, LLC
3

49.98'
N 09°5
49.98'
8'17" E
347.39
'

50.48'
50.48'

&4
N 78°5
2'32" W
159
129.80.81'
'

N 79°05
'50" W
159.7
129.77' 7'
NH N

C asey
Ty son
Ave, E
Jac
51 Laz kson and M ast Helena
y Hm
e
Rd, Ea lissa Jacks
Deed
on
st
of Dis
tributio Helena, MT ,
n 3302
N 79°1
854
9'08" W
159

NH N C
ase
Ty son
Jacks y Ave, East
on, 51
Helen
a
L
Helen azy Hm Rd
, East
a
,
M
T
Deed
33028
53

2 0' A

129.8
7'

LLEY

TRIPLE R SURVEYING, INC
P. O. BOX 2201 EAST HELENA, MT. 59635
80'

0

80'
49.98'

60' R/W
50.48'

25.52'
23.73'

N 77°0
60.08
'
7'24"
W 36
0.87'
N 77°0
7'24"
W

'14" W
159.84'
129.83'

.74
129.74' '

62.50'

LLEY

C ASEY

2 0' A

60'
61.35'

170.9
2'

AVENU
E

1.34'
30.00'

N 80°0
5'
165.4618" W 195.28
'
'

119 S
.L
80 Pro ane Ave, E
ast
of,
H e len LLC of PO Helena;
a, Hele
B
na, MT ox 5834,
Deed
,
33178 59601;
30

48.63'

49.97'

50.08
'

163.70
'
S 80°1
2'17" E
193.70
'

48.01'

49.97'

2.59'

1.97'

159.8

129.87 8'
NH N C
'
ase
Ty son
Jacks y Ave, Eas
tH
on, 51
Lazy H elena
Helen
m Rd,
a
East
,
M
T
Deed
34337
8
N 78°3
5
9

67.47'

50.08
'

6'47" E
502.56
'

78°25'
57" W

156.68
'

160.19
'

NH N C
ase
Ty son
Jacks y Ave, East
on, 51
Helen
a
L
Helen azy Hm Rd
, East
Deed a, MT
34337
86
N

20.02'

LENA

N 78°1
0'01" W
129.91159.93'
'

50.48'

A ST H E

47.38'

N UE , E

71
Timoth 5 E Clark S
t, Eas
y R. D
tH
a
Box 9 lin and Bett elena
07, Ea
y
st H ele J. D alin, P
O
na, MT
Deed
50531
7

36.01'

3.22'

49.97'
N 09°5
6'47"

NE AVE

46.76'

49.97'
E 299.
85'

13.96'

N 09°5

49.97'

50.08
'

N 13
° 57'3
8" E
448.2
8'
S 13
°57'3
300.58" W 510
50.08
.94'
1'
'
50.08
'

UTH LA

180.16
'

C ASEY

30.00'

AVENU 92.11'
E
60' R/W

91.15'

110.3
7'

20' A

S 80°1
4'
142.66 59" E 172.66
'
'

153.18
'

25.19
'

LLEY
20' A

130.14'

146.17
'

109 SO

74.87
'

N 82°05'
17" W 28
5.21'
60.04'

119 S
.L
Precis ane Ave, E
ion B
ast H
LLC o usiness Re elena;
Tow n s f 302 Broad sources,
way S
en d M
t,
T, 59
34292 644; Deed
00

HERIT 149.67'
DWC P AGE FOODS
ROPER
TIES, L
LC
LOTS 3
-8
BLOCK
5

OVERVIEW RIGHT-OF-WAY EXHIBIT
TO VACATE CASEY AVENUE

CLARK S
TRE
R/W VAR ET
IES

95.04'

50.08
'

STA
TE
LAN ROUTE
E AV
5 18
100' ENUE
R/W

51
°
45 23'4
.53 0"
' W

60.58'

LLEY

D 1°4
R 23 46 '2 5 "
2
A 7 2 .5 .0 0 '
0'

N

GRAPHIC SCALE - FEET
1/4 SEC.

T.

R.

30

10N

2W

31

10N

2W

P.M. MONTANA,
LEWIS & CLARK COUNTY

Public W orks Departm ent
Proud to be part of E.H. Team

October 6th, 2026

1.) WWTP Report
• Merrill Bro’s is making great progress on the removal of sludge out of sludge storage basin.
(Discuss)
• We received DEQ’s letter of approval to turn on the additional aerator in the reaction basin to
increase D.O.
• Mt Ave lift station pump rehab still on track for later part of October. This will result in
detoured traffic on Valley Drive for an appx 1-2 weeks.
• We have had multiple meetings with Prickly Pear Developers and Stahly Engineering on
optional future sewer transmission main upgrades. More to come on this.
2.) Metal Removal Building
• Waiting for sample results from energy labs to determine if cause of high BOD effluent is
corrected. Results take approximately 15 days on average.
3.) Source Water Report
• New sand filter is installed, and replacement pump at Wylie 3 is operating well. We are
working on submittals to DEQ for Wylie 3 improvements. (Discuss)
• Still working on potential ground water issue in Highland Meadows Subdivision.
4.) Solid Waste Report
• Back-up garbage truck is getting the replacement front axle installed. Should be up and
running by end part of week.
5.) Parks
• Closed the bathrooms at JFK park a few days earlier than planned. This closure is due to
continued vandalism inside the bathrooms. (Discuss)
• Crews will be working on leaf pick-up and getting sprinklers all blown out for the season.
6.) Pool
• Summit Roofing was out and a couple problem spots were repaired on the new roof of pool
house.
• Crews will be replacing the water shut off valve for the main pool building either this fall or
next spring.
7.) Streets
• Helena Sand is working on some drainage work on East side of town. Cleveland Street and
patch work on Valley is still scheduled for October 15th and 16th.
• Crews will be getting plow/sanding trucks ready to go for the season.
8.) Facilities
• Will be a few weeks until plumbing is repaired at City Hall for upstairs bathroom and sink.
• Hot water tank quit working at City Hall, Lewis and Clark Plumbing will be out to repair.
• Lights are installed at City Hall Parking lot, will plant matching trees and flowers in spring.
9.) Resident/City Information and Events
• Red Ribbon Day Parade for School District is scheduled for October 21st.

CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of City of East
Helena, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 649 entitled: “RESOLUTION PRELIMINARILY APPROVING A FORM OF A
PETITION AND CONSENT FOR THE CREATION OF A SPECIAL IMPROVEMENT
DISTRICT, A FORM OF RESOLUTION CREATING THE SPECIAL IMPROVEMENT
DISTRICT, A FORM OF MASTER DEVELOPMENT AGREEMENT, A FORM OF BOND
GUARANTY AGREEMENT, A FORM OF CONNECTION FEE AGREEMENT, AND A
FORM OF NOTE PURCHASE AGREEMENT” (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 October 6, 2026, 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 6th day of October, 2026.

City Clerk-Treasurer

RESOLUTION NO. 649
RESOLUTION PRELIMINARILY APPROVING A FORM OF A
PETITION AND CONSENT FOR THE CREATION OF A SPECIAL
IMPROVEMENT DISTRICT, A FORM OF RESOLUTION CREATING
THE SPECIAL IMPROVEMENT DISTRICT, A FORM OF MASTER
DEVELOPMENT AGREEMENT, A FORM OF BOND GUARANTY
AGREEMENT, A FORM OF CONNECTION FEE AGREEMENT, AND
A FORM OF NOTE PURCHASE AGREEMENT
BE IT RESOLVED by the City Council (the “Council”) of City of East Helena, Montana
(the “City”), as follows:
Section 1.

Recitals.

1.01. The City, under the provisions of Montana Code Annotated, Title 7, Chapter 12,
Parts 41 and 42, as amended (the “SID Act”), is authorized to create special improvement
districts whenever the public interest or convenience may require, to finance the costs of public
infrastructure conferring a special benefit on property within the special improvement district.
1.02. The SID Act further authorizes the City to create a special improvement district
without a public hearing or notice and protest process upon the receipt of a petition to create a
special improvement district that contains the consent of all of the owners of property to be
included in the district.
1.03. Eleanor Development Corporation, a Montana nonprofit corporation (the
“Developer”), is planning the development of a major subdivision (the “Project”) on property the
Developer owns in the City commonly referred to as Rose Hills (the “Property”). The Property
requires the construction and installation of significant water and sewer off-site infrastructure to
be developable (the “Off-Site Infrastructure”); and each phase of development of the Project
requires the construction and installation of on-site infrastructure, including streets, sidewalks,
curbs, gutters.
1.04. To pay a portion of the costs of the Off-Site Infrastructure, it is contemplated that
the City would issue a Special Improvement District No. 1 Bond Anticipation Note, Taxable
Series 2026 (the “Note”), in anticipation of a Special Improvement District No. 1 Bond
(Montana Housing Infrastructure Bond Guarantee Program) (the “Bond”).
1.05 As a condition to the sale and issuance of the Note, the City, Montana Board of
Investments (the “BOI”), and Valley Bank, Division of Glacier Bank (the “Bank”), require a
number of agreements and documents to be executed and delivered, including, without
limitation, the agreements and documents called out below.
1.06 The Developer, as owner of all of the Property, is expected to sign a Petition and
Consent of All Owners of Property for the Creation of a Special Improvement District requesting
that the City create a special improvement district with boundaries coextensive with the Property

to facilitate the financing of a portion of the costs of the Off-Site Infrastructure and incidental
costs (the “Petition”), substantially in the form attached hereto as Annex A.
1.07 The Council, in response to the Petition, anticipates that it will adopt at a
subsequent meeting a Resolution Relating to Special Improvement District No. 1 (the
“Resolution Creating the SID”) in substantially the form attached hereto as Annex B. The form
of Resolution Creating the SID is also attached to and incorporated into the Petition.
1.08 To outline the parties’ rights and obligations in connection with the Property, the
Project, the Off-Site Infrastructure, the on-site infrastructure, the Note, the Bond, and various
other matters, there has been prepared a form of Master Development Agreement, by and among
the City, the Developer, the BOI, and the Bank in substantially the form attached hereto as
Annex C (the “Master Development Agreement”).
1.09 To further evidence and support the obligation of the BOI to secure the Bond
under the Montana Housing Infrastructure Bond Guarantee Program (the “Program”), there has
been prepared a form of Bond Guaranty Agreement in substantially the form of the attached
Annex D (the “Bond Guaranty Agreement”).
1.10 In connection with the BOI securing the Bond under the Program, there has been
prepared a form of Connection Fee Agreement in substantially the form attached as Annex E (the
“Connection Fee Agreement”).
1.11 To evidence and confirm the obligation of the City to sell and the BOI to purchase
the Note, there has been prepared a form of Note Purchase Agreement in substantially the form
of the attached Annex F (the “Note Purchase Agreement”).
1.12 This resolution is being adopted in advance of a resolution or resolutions of the
BOI authorizing the financing transactions related to the matters set forth above, approving the
Agreements and related agreements and undertakings, and providing the City necessary or
appropriate assurances to proceed with the creation of the special improvement district and
associated financing transactions. At a meeting of this Council occurring after the meeting at
which the BOI will have adopted authorizing and approving resolutions and undertaken related
actions, including, without limitation, securing the Bond under the Program, it is contemplated
that the Council will adopt the Resolution Creating the SID, adopt resolutions approving in
substantially final forms the Master Development Agreement, the Bond Guaranty Agreement,
the Connection Fee Agreement, and the Note Purchase Agreement (collectively, the
“Agreements”), and adopt a resolution preliminarily authorizing the Bond and the sale and
issuance of the Note in anticipation of the Bond (the “BAN Resolution”).
Section 2.

Determinations and Approvals.

2.01. The Council hereby preliminarily approves the forms of the Petition, the
Resolution Creating the SID, and the Agreements substantially in the forms attached hereto, with
such completions and changes as are necessary or appropriate. The Mayor, the Public Works
Director, the City Attorney, and the City Clerk-Treasurer, or any one of them, in consultation
with the City’s bond counsel and engineer, are hereby authorized and directed to make or

2

approve modifications to the Petition, the Resolution Creating the SID, and the Agreements for
subsequent consideration by this Council.
2.02. The approvals provided in this resolution are preliminary in nature. Following
approval of the transaction and documents by BOI as described in the recitals above, this Council
at a subsequent meeting, currently expected to be on November 3, 2026, anticipates that it will
accept the Petition, adopt the Resolution Creating the SID, approve the forms of the Agreements
in their then-current substantially final forms and authorize execution and delivery of the same,
and adopt the BAN Resolution.
Section 3.

Reimbursement Expenditures.

(a) The United States Department of Treasury has promulgated final regulations
governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to
reimburse the City for project expenditures paid by the City prior to the date of issuance of such
bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require
that the City adopt a statement of official intent to reimburse an original expenditure not later
than 60 days after payment of the original expenditure. The Regulations also generally require
that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds
within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer”
exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is
paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies
for the “small issuer” exception from the arbitrage rebate requirement) in no event more than
three years after the date the expenditure is paid. The Regulations generally permit
reimbursement of capital expenditures and costs of issuance of the bonds.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than the
bonds, (ii) expenditures permitted to be reimbursed under the transitional provision contained in
Section 1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures
within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de
minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for a
project within the scope of this resolution have been paid by the City before the date 60 days
before the date of adoption of this resolution.
(c) The City reasonably expects to reimburse the expenditures made for costs of or
related to the Off-Site Improvements out of proceeds of bonds in an estimated maximum
aggregate principal amount of up to $17,570,000 after the date of payment of all or a portion of
costs of such a project. All reimbursed expenditures shall be capital expenditures, a cost of
issuance of the bonds or other expenditures eligible for reimbursement under Section 1.1502(d)(3) of the Regulations.
(d) As of the date hereof, there are no City funds reserved, allocated on a long-term basis
or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or
otherwise set aside) to provide permanent financing for the expenditures related to such a
project, other than pursuant to the issuance of the bonds. The statement of intent contained in this
resolution, therefore, is determined to be consistent with the City’s budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof.

3

(e) The City Clerk-Treasurer shall be responsible for making the “reimbursement
allocations” described in the Regulations, being generally the transfer of the appropriate amount
of proceeds of the bonds to reimburse the source of temporary financing used by the City to
make prior payment of costs of the project. Each allocation shall be evidenced by an entry on
the official books and records of the City maintained for the bonds or the project and shall
specifically identify the actual original expenditure being reimbursed.
Section 4.
Effective Date. This Resolution shall become effective upon passage and
adoption. All provisions of ordinances, resolutions and other actions and proceedings of the City
which 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.

4

Adopted this 6th day of October, 2026.
CITY OF EAST HELENA, MONTANA

___________________________________
Mayor

Attest: ____________________________
City Clerk-Treasurer

5

ANNEX A
FORM OF PETITION

A-1

DRAFT 09/29/2026
After recording, return to:
Dorsey & Whitney LLP
125 Bank Street, Suite 600
Missoula, Montana 59802

PETITION AND CONSENT OF ALL OWNERS OF PROPERTY
FOR THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT
IN THE CITY OF EAST HELENA, MONTANA
The undersigned hereby represents and warrants that it constitutes all of the owners of the
real property depicted on a map attached as Schedule 1 hereto and with the legal description set
forth on Schedule 1 hereto (collectively, the “Property”), and that the Property is located entirely
within the City of East Helena, Montana (the “City”). The undersigned hereby voluntarily and
irrevocably petitions for, and consents to, the creation of a special improvement district by the
City with boundaries coterminous with the Property and the levying of special assessments in an
aggregate principal amount not to exceed $17,570,000 against the Property for the purpose of
financing the direct and incidental costs of certain local improvements, all as further and more
particularly provided in the proposed form of resolution creating such special improvement
district, which is attached in substantially final form as Schedule 2 hereto. The total principal
amount of the special assessments against each lot, parcel, or tract of the Property, as now
existing or as created in the future, will be up to the amount as set forth in Schedule 2, which
amount, unless prepaid, is payable over time and will bear interest at a rate to be set forth in the
resolution authorizing the issuance of the special assessment bond. The undersigned has
reviewed the proposed resolution for a description of the nature, location and estimated cost of
the improvements, the identity of the engineer for the district, the methods by which the special
assessments are proposed to be calculated and levied, the term over which the special
assessments will be payable and other particulars, including the budget and principal amount of
special assessments. The undersigned further acknowledges and agrees that the amount of
special assessments proposed to be levied against each lot, tract or parcel that it owns, as now
existing or as created in the future does not exceed the special benefit conferred upon such lot,
tract or parcel by the improvements to be undertaken with respect to the proposed district and
understands that, following the issuance of the special assessment bond, the special assessments
will be payable in semiannual installments of principal and interest over a term not to exceed 20
years.

DRAFT 09/29/2026
The undersigned acknowledges that, following receipt of this Petition and Consent, the
City Council of the City will have jurisdiction in its discretion to create the special improvement
district and to order the local improvements by adoption of a resolution substantially in the form
of that attached as Schedule 2, without a public hearing and without notice to the undersigned.
The undersigned acknowledges and agrees that the provisions of this Petition and
Consent shall be deemed to run with the land and to bind subsequent assignees of their interest in
the Property, and that this Petition and Consent may be recorded to advise prospective successors
or assigns of the provisions hereof.
DATED as of this

day of _____________, 2026.

DRAFT 09/29/2026
SIGNATURE PAGE TO
PETITION AND CONSENT OF ALL OWNERS OF PROPERTY
FOR THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT
IN THE CITY OF EAST HELENA, MONTANA

ELEANOR DEVELOPMENT CORPORATION
By:___________________________________
Its:___________________________________

STATE OF MONTANA
COUNTY OF LEWIS AND CLARK

)
ss
)

This instrument was signed or acknowledged before me on _________________ by
___________________________, as the ____________ of Eleanor Development
Corporation.
__________________________________________
(Notary Signature)
[Affix seal/stamp to the left or below]

SCHEDULE 1
MAP AND LEGAL DESCRIPTION OF DISTRICT

LEGAL DESCRIPTION: AREA A
AN AREA OF LAND LOCATED WITHIN THE WEST HALF OF SECTION 36, TOWNSHIP 10
NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF THE MONTANA
RAIL LINK WITH THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 282 BEING A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,096.00 FEET, A CENTRAL ANGLE OF
32°19'49", AND A CHORD WHICH BEARS SOUTH 51°30'24" WEST, 610.27 FEET;
•

•
•
•
•
•
•
•
•
•
•

•

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID HIGHWAY
RIGHT-OF-WAY
1. SOUTHWESTERLY 618.44 FEET ALONG SAID CURVE AND HIGHWAY RIGHTOF-WAY;
2. SOUTH 67°40'19" WEST, 1,117.45 TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,005.00 FEET, A
CENTRAL ANGLE OF 46°20'24", AND A CHORD WHICH BEARS SOUTH
44°30'06" WEST, 790.86 FEET;
3. SOUTHWESTERLY 812.83 FEET ALONG SAID CURVE TO THE WESTERLY
BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST, P.M.M.;
THENCE NORTH 01°44'41" EAST, 298.16 FEET ALONG SAID SECTION LINE TO THE
WESTERLY QUARTER CORNER OF SAID SECTION 36;
THENCE NORTH 01°20'19" EAST, 1,299.79 FEET ALONG SAID SECTION LINE;
THENCE SOUTH 88°44'09" EAST, 125.10 FEET;
THENCE NORTH 89°33'13" EAST, 105.47 FEET;
THENCE NORTH 46°03'54" EAST, 559.86 FEET;
THENCE NORTH 42°11'56" EAST, 213.35 FEET;
THENCE NORTH 47°48'04" WEST, 703.86 FEET;
THENCE NORTH 01°42'38" EAST, 9.93 FEET;
THENCE NORTH 88°39'41" WEST, 231.82 FEET TO THE WESTERLY BOUNDARY OF
SAID SECTION 36;
THENCE NORTH 01°20'19" EAST, 296.62 FEET ALONG SAID WESTERLY BOUNDARY
TO THE SOUTHERLY BOUNDARY OF THAT TRACT DESCRIBED IN QUIT CLAIM DEED
DOCUMENT NO. 3254920;
THENCE SOUTH 88°30'32" EAST, 361.50 FEET ALONG SAID SOUTHERLY BOUNDARY
TO THE SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY;

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID MONTANA
RAIL LINK RIGHT-OF-WAY;
1. SOUTH 47°48'04" EAST, 1,994.55 FEET;
2. NORTH 88°28'24" WEST, 76.72 FEET;
3. SOUTH 47°48'04" EAST, 314.34 FEET TO THE POINT OF BEGINNING;
CONTAINING 60.554 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.
•

LEGAL DESCRIPTION: AREA B
AN AREA OF LAND LOCATED WITHIN SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST,
P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY, MONTANA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-B PER CERTIFICATE OF
SURVEY (C.O.S.) NUMBER 3444893 ALSO BEING THE WESTERLY BOUNDARY OF TRACT A2D OF C.O.S. NO. 3369917;
•
•

•
•

•

THENCE SOUTH 16°34'39" WEST, 232.18 FEET ALONG SAID WESTERLY BOUNDARY
OF TRACT A2-D;
THENCE SOUTH 12°50'05" WEST, 472.53 FEET ALONG SAID WESTERLY BOUNDARY
OF TRACT A2-D TO A LINE 20 FEET NORTHERLY AND PARALLEL WITH THE
CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE EASEMENT PER BOOK 175
OF DEEDS, PAGE 465;
THENCE NORTH 86°48'18" WEST, 113.13 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 63°00'18" WEST, 3,481.51 FEET ALONG SAID PARALLEL LINE AND
BECOMING THE NORTHERLY BOUNDARY OF THAT 40 FOOT WIDE YELLOWSTONE
PIPE LINE EASEMENT DESCRIBED IN BOOK 176, PAGE 280 TO THE EASTERLY
RIGHT-OF-WAY BOUNDARY OF HIGHWAY 282;
THENCE THROUGH THE FOLLOWING FOUR (4) COURSES ALONG SAID RIGHT-OFWAY;
1. NORTH 01°33'32" EAST, 401.23 FEET ALONG SAID RIGHT-OF-WAY TO THE
BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS

OF 905.00 FEET, A CENTRAL ANGLE OF 66°06'47", AND A CHORD WHICH
BEARS NORTH 34°36'55" EAST, 987.29 FEET;
2. NORTHEASTERLY 1,044.27 FEET ALONG SAID CURVE;
3. NORTH 67°40'19" EAST, 1,117.45 FEET TO THE BEGINNING OF A CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,196.00 FEET, A
CENTRAL ANGLE OF 31°44'50", AND A CHORD WHICH BEARS NORTH
51°47'54" EAST, 654.25 FEET;
4. NORTHEASTERLY 662.70 FEET ALONG SAID CURVE TO THE SOUTHERLY
BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY;
• THENCE SOUTH 47°47'32" EAST, 492.25 FEET ALONG SAID MONTANA RAIL LINK
RIGHT-OF-WAY TO THE NORTH MOST CORNER OF TRACT A2-E1-B OF C.O.S. NO.
3444893;
• THENCE THROUGH THE FOLLOWING EIGHT (8) COURSES ALONG SAID TRACT
BOUNDARY;
1. SOUTH 44°27'59" WEST, 1,104.10 FEET;
2. SOUTH 45°37'16" EAST, 176.08 FEET;
3. SOUTH 44°22'44" WEST, 167.22 FEET;
4. SOUTH 44°06'23" EAST, 830.77 FEET;
5. SOUTH 43°14'38" WEST, 505.23 FEET;
6. SOUTH 46°04'17" EAST, 779.89 FEET;
7. SOUTH 40°58'35" EAST, 148.70 FEET;
8. NORTH 87°33'19" EAST, 776.13 FEET TO THE POINT OF BEGINNING.
CONTAINING 106.188 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

LEGAL DESCRIPTION: AREA C
AN AREA OF LAND LOCATED WITHIN THE SOUTH HALF OF SECTION 36, TOWNSHIP 10
NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-D PER C.O.S. NO. 3444893;
•

THENCE NORTH 01°43'46" EAST, 608.67 FEET ALONG THE EASTERLY BOUNDARY
OF SAID TRACT A2-E1-D;

THENCE NORTH 88°13'27" WEST, 683.73 FEET ALONG THE NORTHERLY
BOUNDARY OF SAID TRACT A2-E1-D AND CONTINUING ALONG THE NORTHERLY
BOUNDARY OF TRACT A OF C.O.S. NO. 3254917 TO THE EASTERLY BOUNDARY OF
THE HIGHWAY 282 RIGHT-OF-WAY;
• THENCE THROUGH THE FOLLOWING FIVE (5) COURSES ALONG SAID RIGHT-OFWAY;
1. NORTH 01°33'32" EAST, 352.72 FEET;
2. NORTH 15°33'46" EAST, 82.00 FEET;
3. NORTH 01°33'32" EAST, 239.99 FEET;
4. NORTH 12°22'53" WEST, 82.36 FEET;
5. NORTH 01°33'32" EAST, 226.87 FEET TO THE SOUTHERLY BOUNDARY OF A
40 FOOT WIDE YELLOWSTONE PIPE LINE EASEMENT AS DESCRIBED IN
BOOK 176, PAGE 280;
• THENCE SOUTH 63°00'18" EAST, 3,470.91 FEET ALONG SAID SOUTHERLY
BOUNDARY AND BECOMING A LINE 20 FEET SOUTHERLY AND PARALLEL WITH THE
CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE EASEMENT PER BOOK 175
OF DEEDS, PAGE 465;
• THENCE SOUTH 86°48'18" EAST, 114.76 FEET ALONG SAID PARALLEL LINE TO THE
WESTERLY BOUNDARY OF TRACT A2-D OF C.O.S. NO. 3369917;
• THENCE SOUTH 12°50'05" WEST, 39.25 FEET ALONG SAID WESTERLY BOUNDARY
TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
175.24 FEET, A CENTRAL ANGLE OF 17°14'52", AND A CHORD WHICH BEARS
SOUTH 05°24'51" WEST, 52.55 FEET;
• THENCE SOUTHWESTERLY 52.75 FEET ALONG SAID CURVE TO THE SOUTHERLY
BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST;
• THENCE NORTH 88°33'39" WEST, 2,556.05 FEET ALONG SAID SECTION LINE TO
THE POINT OF BEGINNING.
CONTAINING 51.176 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.
•

SCHEDULE 2
PROPOSED FORM OF RESOLUTION CREATING THE SPECIAL IMPROVEMENT
DISTRICT
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
East Helena, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. _____, entitled: “RESOLUTION RELATING TO SPECIAL IMPROVEMENT
DISTRICT NO. 1; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING
CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND
INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED BY THE MONTANA HOUSING INFRASTRUCTURE
BOND GUARANTEE PROGRAM; AND ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE”
(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 November 3, 2026,
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 City Council members voted in favor thereof:
; voted against the
same:

; abstained from voting

thereon:

; or were absent:

WITNESS my hand officially this 3rd day of November, 2026.

City Clerk-Treasurer

.

RESOLUTION NO. ____
RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT
NO. 1; CREATING THE DISTRICT FOR THE PURPOSE OF
UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND
FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO
THROUGH THE ISSUANCE OF A SPECIAL IMPROVEMENT
DISTRICT BOND SECURED BY THE MONTANA HOUSING
INFRASTRUCTURE BOND GUARANTEE PROGRAM; AND
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council (the “Council”) of the City of East Helena (the
“City”), Montana, as follows:
Section 1. Rose Hills Project; Receipt of Petition. The Eleanor Development
Corporation, a Montana nonprofit corporation of which Helena Area Habitat for Humanity is the
only member (the “Developer”), is planning the development of a major subdivision referred to
as “Rose Hills” on property the Developer owns (the “Property”) in the City. The Developer
anticipates developing the Property in multiple phases, and each phase will go through a separate
subdivision process before final plat for each phase is approved. The Property requires the
construction and installation of significant off-site infrastructure to be developable (as further
described in Section 6, the “Improvements”).
This Council has received a petition dated _______________, 2026 (the “Petition”), to
create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and
42, as amended (the “Act”), a special improvement district (the “District”), with boundaries
coterminous with the Property, for the purpose of financing a portion of the costs of the
Improvements to benefit the Property. The Petition has been signed by the Developer as owner
of all of the Property in the proposed District and the Developer expressly consented in the
Petition to the creation of the proposed District on the terms and conditions hereinafter specified.
Section 2. Creation of the District; Issuance of Bond and Note. Based on the Petition
and Sections 7-12-4102(3), 7-12-4106 and 7-12-4114(2) of the Act, this Council has jurisdiction,
and finding it in the best interest of the City and the proposed District hereby determines to
create the District and order the Improvements on the terms and conditions hereinafter
prescribed. The City will issue a taxable special assessment bond anticipation note (the “Note”)
to the Montana Board of Investments (“BOI”), to finance a portion of the costs of the
Improvements and pay costs incidental thereto, including costs of issuance of the Note. The
Note is issued in anticipation of a definitive special assessment bond (the “Bond”). On or before
the maturity date of the Note, the City, provided all the conditions to the issuance of the Bond are
satisfied, will issue the Bond to pay in full and redeem the Note and to pay incidental costs,
including costs of issuing the Bond (including costs of securing the Bond through BOI’s
Montana Housing Infrastructure Revolving Fund Bond Guarantee Program (the “Program”)), the
creation and administration of the District, and the funding of a deposit to a debt service reserve
account (the “Reserve Account”). Valley Bank, a Division of Glacier Bank (the “Bank”) has
committed to purchase the Bond. The total estimated costs of the Improvements, including

incidental costs, are estimated to be up to $19,190,687, approximately $1,620,687 of which is to
be funded by contributions made by the City, American Chemet, Power Townsend, and the
Developer. The total estimated costs of the Improvements, including incidental costs, to be
financed by the Bond are up to $17,570,000. The Bond is to be payable primarily from special
assessments to be levied against the Property in the District, which Property will be specially
benefited by the Improvements in an amount not less than up to $17,570,000. The
Improvements also provide a general benefit to the City and its residents by improving and
expanding and making available public water and sewer improvements.
Section 3. Number of District. The District shall be known and designated as Special
Improvement District No. 1 of the City of East Helena, Montana.
Section 4. Boundaries of District. The limits and boundaries of the District are depicted
on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part
hereof) and the legal description of the District is set forth on Exhibit A hereto, which boundaries
are designated and confirmed as the boundaries of the District.
Section 5. Benefited Property. All of the Property is included within the limits and
boundaries described in Section 4 and as shown on Exhibit A, and all of the Property is hereby
declared to be the property which will benefit from and be benefited by the Improvements. Each
lot, parcel, or tract in the District, now existing or created in the future, will be assessed for the
costs of the Improvements as described in Section 8.
Section 6. General Character of the Improvements. The general character of the
Improvements consists of certain off-site improvements that are necessary for the development
of Rose Hills, including the design, engineering, construction and installation of water
improvements consisting of a new elevated 600,000-gallon composite water tank (alternate tank
capacities will be evaluated during the design phase), foundation, site improvements, piping,
valving, electrical systems, controls integration, and SCADA coordination; and sewer
improvements consisting of a new wastewater lift station, force main, and associated gravity
sewer main to convey wastewater generated south of Highway 12 to the wastewater treatment
facility located north of Highway 12, together with the replacement of five blocks of existing
gravity sewer main along Clark Street from 8-inch to 10-inch diameter pipe to accommodate
anticipated capacity demands (collectively, the “Improvements”), all of which are public
improvements to be owned and operated by the City.
Section 7. Engineer and Estimated Cost.
7.1. Budget for Improvements, Etc. Robert Peccia & Associates Inc., of Helena,
Montana, shall be the engineer for the District (the “Engineer”). The Engineer has estimated that
the cost of the Improvements, together with incidental costs, to be financed by the Bond is up to
$17,570,000, as shown in Exhibit B. Such estimates are subject to revision or to amendment, but
are consistent with and do not exceed the contractually agreed upon guaranteed maximum prices
for the acquisition and construction costs of the Improvements.
7.2. Budget Overruns. As set forth in the Master Development Agreement (defined
below), the Developer covenants and agrees that in the event the costs and expenses of the Off2

Site Infrastructure and all incidental costs exceed the total amount thereof to be paid or
reimbursed with proceeds of the Bond (i.e., $17,570,000), the Developer will timely pay as due
the dollar amount of costs and expenses of the Off-Site Infrastructure and incidental costs in
excess of the maximum principal amount of Bond proceeds so that the Off-Site Infrastructure
can be built to completion and the Bond can be issued.
Section 8. Assessment Methods.
8.1. Method of Assessment.
(a)
The Property is comprised of a total of 9,493,031 square feet, and will be
assessed on a per-square-foot basis, as follows:
(i) All unplatted property within the District shall be assessed on a gross
square footage basis, such that each square foot of unplatted property bears an
assessment of $1.86 (assuming the Bond is issued in the principal amount of
$17,570,000) ($17,570,000/9,493,031 = $1.86).
(ii) As each phase of development receives final plat, the assessments
shall be adjusted as set forth below such that only the developable square footage
of the platted area is assessed and square feet to be used for public right of way,
public parks, streets, trails or other public purposes is not assessed. The
determination of the City of developable square footage and non-developable
square footage in a platted phase shall be final and conclusive.
(A)
First, at the time of and as a condition to approval of final
plat for each phase of development, the then-outstanding principal amount
of the Bond shall be allocated to the phase to be platted based on the ratio
of the total square footage of such phase to the total square footage of the
District.
(B)
Next, the total principal amount of the Bond allocated to
the phase to be platted will be further allocated to the square footage of the
developable lots, tracts or parcels within such phase as follows:
(1) The maximum assessment per square foot in a platted
phase is $2.85 (if the Bond is issued in the principal
amount of $17,570,000), based on an assumption that at
least 65% of each platted area will be
developable. (9,493,031 x 65% = 6,170,471;
$17,570,000/6,170,471 = $2.85)
(2) To the extent that the plat for any particular phase of
development provides that more than 65% of the square
feet of the phase to be platted is developable, the persquare-foot assessment would be less than the
maximum per-square-foot assessment set forth in
subparagraph (1). In that case, the per-square-foot
3

assessment for the phase would be calculated by
dividing the principal amount of the Bond allocable to
such phase by the number of developable square feet in
such phase.
(3) To the extent that the plat for any particular phase of
development results in less than 65% of the square feet
of the phase to be platted being developable, the persquare-foot assessment would be equal to the maximum
per-square foot assessment set forth in subparagraph
(1), and the Developer, as a condition to final plat
approval, will be required to prepay principal of the
Bond (together with interest thereon to the next interest
payment date) in an amount equal to the delta between
(i) the principal amount of the Bond allocated to such
phase, and (ii) the sum of the principal amount of the
assessments against the developable square footage in
the phase based on the maximum per-square-foot
assessment set forth in subparagraph (1).
(b)
Example of Assessments Set Forth on Exhibit C. Exhibit C hereto sets
forth an example of how this assessment methodology is implemented, solely for
illustrative purposes.
(c)
Interest and Term. The principal amount of the special assessments
described herein shall be payable over a term of up to 20 years and bear interest at a
prescribed rate of interest. The amount of special assessments will vary over time as the
Property is being platted and as the outstanding principal amount of the Bond is reduced.
8.2. Assessment Methodologies Equitable and Consistent with Benefit. This Council
hereby determines that the methods of assessment and the assessment of costs of the specific
Improvements against the properties benefited thereby as prescribed in this Section 8 are
equitable and in proportion to and not exceeding the special benefits derived from the respective
Improvements by the lots, tracts and parcels to be assessed therefor within the District.
8.3. Assessment Amounts Exclude Interest. All dollar amounts of special assessments
herein and in any exhibit hereto exclude interest on the principal amount of the special
assessments. Special assessments shall bear interest at a rate not less than 50 basis points in
excess of the average annual interest rate on the outstanding Bond.
8.4. Amount of Special Assessments. The aggregate amount of special assessments
levied by the City in any one fiscal year shall in all events be at least sufficient to pay the
principal of and interest on the Bond in that fiscal year.
Section 9. Payment of Assessments. The City plans to issue the Note to provide interim
financing for a portion of the costs of the Improvements. The Note will have a term of up to 3
years. At or prior to the maturity of the Note, the City will issue the Bond so long as all
4

conditions to the issuance of the Bond are satisfied. Special assessments will not be levied
against the property in the District until the Bond is issued. The special assessments shall be
payable over a term not exceeding 20 years, each in substantially equal semiannual installments
of principal, plus interest, or substantially equal semiannual payments of principal and interest,
as this Council shall prescribe in the resolution authorizing the issuance of the Bond. Property
owners shall have the right to prepay assessments as provided by law.
Section 10. The Program and the Montana Board of Investments. Pursuant to House Bill
505 enacted by the 2025 Montana state legislature, BOI is authorized to use funds on hand in the
Montana Housing Infrastructure Revolving Loan Fund to secure all or a portion of a bond in lieu
of a pledge of an issuer’s revolving fund. Pursuant to such authority, BOI has developed its
Montana Housing Infrastructure Bond Guarantee Program (the “Program”). The Developer and
the City have applied to BOI to secure the Bond through the Program. At a meeting held on
October 21, 2026, BOI approved the guarantee of the Bond through the Program, subject to the
terms and conditions of a Master Development Agreement by and among the City, the
Developer, BOI and the Bank (the “Master Development Agreement”), and the form of a Bond
Guaranty Agreement by and among the City, BOI, and the Bank (the “Bond Guaranty
Agreement”), and approved the forms of the Master Development Agreement and the Bond
Guaranty Agreement. The Bond, when issued, will be secured by a covenant and pledge by BOI
under the Program to purchase the Bond for the Bond Purchase Price, as described in and subject
to the terms and conditions of the Master Development Agreement and the Bond Guaranty
Agreement, the Note resolution and the Bond resolution and associated Note and Bond
documents. The Bond will not be secured by a pledge of the City’s special improvement district
revolving fund and the City shall have no obligation to replenish the Reserve Account.
Section 11. Revocation of this Resolution and Termination of the District. In the event
the Note is not issued and delivered, the City reserves the right to revoke this resolution and
terminate the District.
Section 12. Effective Date. This resolution shall be effective on its date of adoption by
the Council; however, its continued effect is subject to the Note being issued as described in
Section 11.

5

PASSED AND ADOPTED by the City Council of the City of East Helena, Montana, this
3 day of November, 2026.
rd

____________________________________
Mayor
Attest:

City Clerk-Treasurer

[SEAL]

6

EXHIBIT A
Map and Legal Description of District
MAP AND LEGAL DESCRIPTION OF DISTRICT

A-1

LEGAL DESCRIPTION: AREA A
AN AREA OF LAND LOCATED WITHIN THE WEST HALF OF SECTION 36, TOWNSHIP 10
NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF THE MONTANA
RAIL LINK WITH THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 282 BEING A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,096.00 FEET, A CENTRAL ANGLE OF
32°19'49", AND A CHORD WHICH BEARS SOUTH 51°30'24" WEST, 610.27 FEET;
•

•
•
•
•
•
•
•
•
•
•

•

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID HIGHWAY
RIGHT-OF-WAY
1. SOUTHWESTERLY 618.44 FEET ALONG SAID CURVE AND HIGHWAY RIGHTOF-WAY;
2. SOUTH 67°40'19" WEST, 1,117.45 TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,005.00 FEET, A
CENTRAL ANGLE OF 46°20'24", AND A CHORD WHICH BEARS SOUTH
44°30'06" WEST, 790.86 FEET;
3. SOUTHWESTERLY 812.83 FEET ALONG SAID CURVE TO THE WESTERLY
BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST, P.M.M.;
THENCE NORTH 01°44'41" EAST, 298.16 FEET ALONG SAID SECTION LINE TO THE
WESTERLY QUARTER CORNER OF SAID SECTION 36;
THENCE NORTH 01°20'19" EAST, 1,299.79 FEET ALONG SAID SECTION LINE;
THENCE SOUTH 88°44'09" EAST, 125.10 FEET;
THENCE NORTH 89°33'13" EAST, 105.47 FEET;
THENCE NORTH 46°03'54" EAST, 559.86 FEET;
THENCE NORTH 42°11'56" EAST, 213.35 FEET;
THENCE NORTH 47°48'04" WEST, 703.86 FEET;
THENCE NORTH 01°42'38" EAST, 9.93 FEET;
THENCE NORTH 88°39'41" WEST, 231.82 FEET TO THE WESTERLY BOUNDARY OF
SAID SECTION 36;
THENCE NORTH 01°20'19" EAST, 296.62 FEET ALONG SAID WESTERLY BOUNDARY
TO THE SOUTHERLY BOUNDARY OF THAT TRACT DESCRIBED IN QUIT CLAIM DEED
DOCUMENT NO. 3254920;
THENCE SOUTH 88°30'32" EAST, 361.50 FEET ALONG SAID SOUTHERLY BOUNDARY
TO THE SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY;
A-2

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID MONTANA
RAIL LINK RIGHT-OF-WAY;
1. SOUTH 47°48'04" EAST, 1,994.55 FEET;
2. NORTH 88°28'24" WEST, 76.72 FEET;
3. SOUTH 47°48'04" EAST, 314.34 FEET TO THE POINT OF BEGINNING;
CONTAINING 60.554 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.
•

LEGAL DESCRIPTION: AREA B
AN AREA OF LAND LOCATED WITHIN SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST,
P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY, MONTANA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-B PER CERTIFICATE OF
SURVEY (C.O.S.) NUMBER 3444893 ALSO BEING THE WESTERLY BOUNDARY OF TRACT A2D OF C.O.S. NO. 3369917;
•
•

•
•

•

THENCE SOUTH 16°34'39" WEST, 232.18 FEET ALONG SAID WESTERLY BOUNDARY
OF TRACT A2-D;
THENCE SOUTH 12°50'05" WEST, 472.53 FEET ALONG SAID WESTERLY BOUNDARY
OF TRACT A2-D TO A LINE 20 FEET NORTHERLY AND PARALLEL WITH THE
CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE EASEMENT PER BOOK 175
OF DEEDS, PAGE 465;
THENCE NORTH 86°48'18" WEST, 113.13 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 63°00'18" WEST, 3,481.51 FEET ALONG SAID PARALLEL LINE AND
BECOMING THE NORTHERLY BOUNDARY OF THAT 40 FOOT WIDE YELLOWSTONE
PIPE LINE EASEMENT DESCRIBED IN BOOK 176, PAGE 280 TO THE EASTERLY
RIGHT-OF-WAY BOUNDARY OF HIGHWAY 282;
THENCE THROUGH THE FOLLOWING FOUR (4) COURSES ALONG SAID RIGHT-OFWAY;
1. NORTH 01°33'32" EAST, 401.23 FEET ALONG SAID RIGHT-OF-WAY TO THE
BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS

A-3

OF 905.00 FEET, A CENTRAL ANGLE OF 66°06'47", AND A CHORD WHICH
BEARS NORTH 34°36'55" EAST, 987.29 FEET;
2. NORTHEASTERLY 1,044.27 FEET ALONG SAID CURVE;
3. NORTH 67°40'19" EAST, 1,117.45 FEET TO THE BEGINNING OF A CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,196.00 FEET, A
CENTRAL ANGLE OF 31°44'50", AND A CHORD WHICH BEARS NORTH
51°47'54" EAST, 654.25 FEET;
4. NORTHEASTERLY 662.70 FEET ALONG SAID CURVE TO THE SOUTHERLY
BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY;
• THENCE SOUTH 47°47'32" EAST, 492.25 FEET ALONG SAID MONTANA RAIL LINK
RIGHT-OF-WAY TO THE NORTH MOST CORNER OF TRACT A2-E1-B OF C.O.S. NO.
3444893;
• THENCE THROUGH THE FOLLOWING EIGHT (8) COURSES ALONG SAID TRACT
BOUNDARY;
1. SOUTH 44°27'59" WEST, 1,104.10 FEET;
2. SOUTH 45°37'16" EAST, 176.08 FEET;
3. SOUTH 44°22'44" WEST, 167.22 FEET;
4. SOUTH 44°06'23" EAST, 830.77 FEET;
5. SOUTH 43°14'38" WEST, 505.23 FEET;
6. SOUTH 46°04'17" EAST, 779.89 FEET;
7. SOUTH 40°58'35" EAST, 148.70 FEET;
8. NORTH 87°33'19" EAST, 776.13 FEET TO THE POINT OF BEGINNING.
CONTAINING 106.188 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

LEGAL DESCRIPTION: AREA C
AN AREA OF LAND LOCATED WITHIN THE SOUTH HALF OF SECTION 36, TOWNSHIP 10
NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-D PER C.O.S. NO. 3444893;
•

THENCE NORTH 01°43'46" EAST, 608.67 FEET ALONG THE EASTERLY BOUNDARY
OF SAID TRACT A2-E1-D;
A-4

THENCE NORTH 88°13'27" WEST, 683.73 FEET ALONG THE NORTHERLY
BOUNDARY OF SAID TRACT A2-E1-D AND CONTINUING ALONG THE NORTHERLY
BOUNDARY OF TRACT A OF C.O.S. NO. 3254917 TO THE EASTERLY BOUNDARY OF
THE HIGHWAY 282 RIGHT-OF-WAY;
• THENCE THROUGH THE FOLLOWING FIVE (5) COURSES ALONG SAID RIGHT-OFWAY;
1. NORTH 01°33'32" EAST, 352.72 FEET;
2. NORTH 15°33'46" EAST, 82.00 FEET;
3. NORTH 01°33'32" EAST, 239.99 FEET;
4. NORTH 12°22'53" WEST, 82.36 FEET;
5. NORTH 01°33'32" EAST, 226.87 FEET TO THE SOUTHERLY BOUNDARY OF A
40 FOOT WIDE YELLOWSTONE PIPE LINE EASEMENT AS DESCRIBED IN
BOOK 176, PAGE 280;
• THENCE SOUTH 63°00'18" EAST, 3,470.91 FEET ALONG SAID SOUTHERLY
BOUNDARY AND BECOMING A LINE 20 FEET SOUTHERLY AND PARALLEL WITH THE
CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE EASEMENT PER BOOK 175
OF DEEDS, PAGE 465;
• THENCE SOUTH 86°48'18" EAST, 114.76 FEET ALONG SAID PARALLEL LINE TO THE
WESTERLY BOUNDARY OF TRACT A2-D OF C.O.S. NO. 3369917;
• THENCE SOUTH 12°50'05" WEST, 39.25 FEET ALONG SAID WESTERLY BOUNDARY
TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
175.24 FEET, A CENTRAL ANGLE OF 17°14'52", AND A CHORD WHICH BEARS
SOUTH 05°24'51" WEST, 52.55 FEET;
• THENCE SOUTHWESTERLY 52.75 FEET ALONG SAID CURVE TO THE SOUTHERLY
BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST;
• THENCE NORTH 88°33'39" WEST, 2,556.05 FEET ALONG SAID SECTION LINE TO
THE POINT OF BEGINNING.
CONTAINING 51.176 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.
•

A-5

EXHIBIT B
Estimated Project Budget
Cost
City Admin
BOI Program Fee
Reserve Requirement
Interim Interest
Bond Counsel & other COI
Financing contingency
UPZ tank design
Turn lane design
UPZ construction
Manlove lift station construction
Utility fees
Eng. & const. servs tank, turn lanes
Eng. & const. servs sewer improvements
Contingency tank
Contingency sewer improvements
Rounding
BAN principal payoff
Total:

Amer.Chemet

Power Townsend

City

BAN

$

$

24,047.00 $

8,673.00 $

$

1,964.00 $

708.00 $

$

3,050.00 $

1,100.00 $

$

29,061.00 $

10,481.00 $

B-1

Bond

$25,000

$
$
$
80,000.00 $

$
366,216.00 $
$
$
29,914.00 $
$
46,450.00 $
$

8,750,000.00
3,543,115.00
125,000.00
485,000.00
289,414.00
825,000.00
140,205.00
266.00

442,580.00 $

14,263,000.00

548,780.00
1,546,264.00
1,115,016.00
50,000.00
46,940

Habitat

$
$
$

$
$

14,263,000.00
$17,570,000

378,770.00 $
60,000.00 $
$
450,000.00 $
$
$
$
$
249,795.00 $
$

Total
25,000.00
548,780.00
1,546,264.00
1,115,016.00
130,000.00
46,940
378,770.00
60,000.00
8,750,000.00
4,392,051.00
125,000.00
485,000.00
322,000.00
825,000.00
440,600.00
266.00

$1,138,565 $

19,190,687.00

$
$
$
$
$

EXHIBIT C
Example of Assessment Methodology
All amounts shown below are principal only; actual assessments will bear interest at the rate of
interest charged on the Bond, plus not less than 0.50%.
$17,570,000 total principal assessment
Total area: 217.93 acres; 9,493,031 sq ft
•
•

Gross square foot assessment applicable for unplatted property:
o $17,570,000/9,493,031 = $1.86/square foot
Maximum square foot assessment applicable for platted property:
o 9,493,031 x 65% = 6,170,471
o $17,570,000/6,170,471 = $2.85/square foot

Illustration of Implementation at Plat Approval 1
•

•

•

1

Phase 1 subdivision plat submitted for approval (numbers/amounts for illustrative
purposes only):
o 18.405 total acres; 13.005 developable acres; 70.1% development ratio
o Phase 1 = 8.45% of District, so responsible for $17,570,000 x 8.45% =
$1,499,875
o 13.005 x 43,560 = 568,458 developable square feet
o $1,499,875/568,458 = $2.64/square foot assessment amount for developable area
(less than max)
Remainder of District:
o Responsible for $17,570,000-$1,499,875 = $16,070,125 (unplatted, so assessed
on a gross square foot basis at $1.85/square foot or $16,070,125/8,691,309)
Phase 2 subdivision plat submitted for approval (numbers/amounts for illustrative
purposes only):
o 4.508 total acres; 2.420 developable acres; 54% development ratio
o Phase 2 = 2% of District, so responsible for $17,570,000 x 2% = $351,400
o 2.42 x 43,560 = 105,415.2 developable square feet
o $351,400/105,415.2 = $3.34/square foot;
 In excess of the maximum so:
• Maximum per square foot assessment is $2.85/square foot;
• $2.85 x 105,415.20 = $300,433.32
• $351,400 - $300,433.32 = $50,966.68 principal prepayment of
Bond by Developer, together with interest thereon to next interest
payment date, as condition to approval of final plat for Phase 2

Note that this illustration keeps the principal amount at $17,570,000. However, the principal amount of special
assessments allocable to any phase of development would be based on the then-outstanding principal amount of
the Bond, which will be decreasing with each semiannual payment, and on conditions existing in each phase as
of the date of approval of final plat for such phase.

C-1

•

Remainder of District:
o Responsible for $17,570,000 - $1,499,875 - $300,433.32 = $15,769,622
(unplatted, so assessed on a gross square foot basis at $1.86/square foot)

C-2

ANNEX B
FORM OF RESOLUTION CREATING THE SID

B-1

DRAFT 09/29/2026

CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
East Helena, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. _____, entitled: “RESOLUTION RELATING TO SPECIAL IMPROVEMENT
DISTRICT NO. 1; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING
CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND
INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED BY THE MONTANA HOUSING INFRASTRUCTURE
BOND GUARANTEE PROGRAM; AND ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE”
(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 November 3, 2026,
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 City Council members voted in favor thereof:
; voted against the
same:

; abstained from voting

thereon:

; or were absent:

WITNESS my hand officially this 3rd day of November, 2026.

City Clerk-Treasurer

.

DRAFT 09/29/2026
RESOLUTION NO. ____
RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT
NO. 1; CREATING THE DISTRICT FOR THE PURPOSE OF
UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND
FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO
THROUGH THE ISSUANCE OF A SPECIAL IMPROVEMENT
DISTRICT BOND SECURED BY THE MONTANA HOUSING
INFRASTRUCTURE BOND GUARANTEE PROGRAM; AND
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council (the “Council”) of the City of East Helena (the
“City”), Montana, as follows:
Section 1. Rose Hills Project; Receipt of Petition. The Eleanor Development
Corporation, a Montana nonprofit corporation of which Helena Area Habitat for Humanity is the
only member (the “Developer”), is planning the development of a major subdivision referred to
as “Rose Hills” on property the Developer owns (the “Property”) in the City. The Developer
anticipates developing the Property in multiple phases, and each phase will go through a separate
subdivision process before final plat for each phase is approved. The Property requires the
construction and installation of significant off-site infrastructure to be developable (as further
described in Section 6, the “Improvements”).
This Council has received a petition dated _______________, 2026 (the “Petition”), to
create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and
42, as amended (the “Act”), a special improvement district (the “District”), with boundaries
coterminous with the Property, for the purpose of financing a portion of the costs of the
Improvements to benefit the Property. The Petition has been signed by the Developer as owner
of all of the Property in the proposed District and the Developer expressly consented in the
Petition to the creation of the proposed District on the terms and conditions hereinafter specified.
Section 2. Creation of the District; Issuance of Bond and Note. Based on the Petition
and Sections 7-12-4102(3), 7-12-4106 and 7-12-4114(2) of the Act, this Council has jurisdiction,
and finding it in the best interest of the City and the proposed District hereby determines to
create the District and order the Improvements on the terms and conditions hereinafter
prescribed. The City will issue a taxable special assessment bond anticipation note (the “Note”)
to the Montana Board of Investments (“BOI”), to finance a portion of the costs of the
Improvements and pay costs incidental thereto, including costs of issuance of the Note. The
Note is issued in anticipation of a definitive special assessment bond (the “Bond”). On or before
the maturity date of the Note, the City, provided all the conditions to the issuance of the Bond are
satisfied, will issue the Bond to pay in full and redeem the Note and to pay incidental costs,
including costs of issuing the Bond (including costs of securing the Bond through BOI’s
Montana Housing Infrastructure Revolving Fund Bond Guarantee Program (the “Program”)), the
creation and administration of the District, and the funding of a deposit to a debt service reserve
account (the “Reserve Account”). Valley Bank, a Division of Glacier Bank (the “Bank”) has
committed to purchase the Bond. The total estimated costs of the Improvements, including

incidental costs, are estimated to be up to $19,190,687, approximately $1,620,687 of which is to
be funded by contributions made by the City, American Chemet, Power Townsend, and the
Developer. The total estimated costs of the Improvements, including incidental costs, to be
financed by the Bond are up to $17,570,000. The Bond is to be payable primarily from special
assessments to be levied against the Property in the District, which Property will be specially
benefited by the Improvements in an amount not less than up to $17,570,000. The
Improvements also provide a general benefit to the City and its residents by improving and
expanding and making available public water and sewer improvements.
Section 3. Number of District. The District shall be known and designated as Special
Improvement District No. 1 of the City of East Helena, Montana.
Section 4. Boundaries of District. The limits and boundaries of the District are depicted
on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part
hereof) and the legal description of the District is set forth on Exhibit A hereto, which boundaries
are designated and confirmed as the boundaries of the District.
Section 5. Benefited Property. All of the Property is included within the limits and
boundaries described in Section 4 and as shown on Exhibit A, and all of the Property is hereby
declared to be the property which will benefit from and be benefited by the Improvements. Each
lot, parcel, or tract in the District, now existing or created in the future, will be assessed for the
costs of the Improvements as described in Section 8.
Section 6. General Character of the Improvements. The general character of the
Improvements consists of certain off-site improvements that are necessary for the development
of Rose Hills, including the design, engineering, construction and installation of water
improvements consisting of a new elevated 600,000-gallon composite water tank (alternate tank
capacities will be evaluated during the design phase), foundation, site improvements, piping,
valving, electrical systems, controls integration, and SCADA coordination; and sewer
improvements consisting of a new wastewater lift station, force main, and associated gravity
sewer main to convey wastewater generated south of Highway 12 to the wastewater treatment
facility located north of Highway 12, together with the replacement of five blocks of existing
gravity sewer main along Clark Street from 8-inch to 10-inch diameter pipe to accommodate
anticipated capacity demands (collectively, the “Improvements”), all of which are public
improvements to be owned and operated by the City.
Section 7. Engineer and Estimated Cost.
7.1. Budget for Improvements, Etc. Robert Peccia & Associates Inc., of Helena,
Montana, shall be the engineer for the District (the “Engineer”). The Engineer has estimated that
the cost of the Improvements, together with incidental costs, to be financed by the Bond is up to
$17,570,000, as shown in Exhibit B. Such estimates are subject to revision or to amendment, but
are consistent with and do not exceed the contractually agreed upon guaranteed maximum prices
for the acquisition and construction costs of the Improvements.
7.2. Budget Overruns. As set forth in the Master Development Agreement (defined
below), the Developer covenants and agrees that in the event the costs and expenses of the Off2

Site Infrastructure and all incidental costs exceed the total amount thereof to be paid or
reimbursed with proceeds of the Bond (i.e., $17,570,000), the Developer will timely pay as due
the dollar amount of costs and expenses of the Off-Site Infrastructure and incidental costs in
excess of the maximum principal amount of Bond proceeds so that the Off-Site Infrastructure
can be built to completion and the Bond can be issued.
Section 8. Assessment Methods.
8.1. Method of Assessment.
(a)
The Property is comprised of a total of 9,493,031 square feet, and will be
assessed on a per-square-foot basis, as follows:
(i) All unplatted property within the District shall be assessed on a gross
square footage basis, such that each square foot of unplatted property bears an
assessment of $1.86 (assuming the Bond is issued in the principal amount of
$17,570,000) ($17,570,000/9,493,031 = $1.86).
(ii) As each phase of development receives final plat, the assessments
shall be adjusted as set forth below such that only the developable square footage
of the platted area is assessed and square feet to be used for public right of way,
public parks, streets, trails or other public purposes is not assessed. The
determination of the City of developable square footage and non-developable
square footage in a platted phase shall be final and conclusive.
(A)
First, at the time of and as a condition to approval of final
plat for each phase of development, the then-outstanding principal amount
of the Bond shall be allocated to the phase to be platted based on the ratio
of the total square footage of such phase to the total square footage of the
District.
(B)
Next, the total principal amount of the Bond allocated to
the phase to be platted will be further allocated to the square footage of the
developable lots, tracts or parcels within such phase as follows:
(1) The maximum assessment per square foot in a platted
phase is $2.85 (if the Bond is issued in the principal
amount of $17,570,000), based on an assumption that at
least 65% of each platted area will be
developable. (9,493,031 x 65% = 6,170,471;
$17,570,000/6,170,471 = $2.85)
(2) To the extent that the plat for any particular phase of
development provides that more than 65% of the square
feet of the phase to be platted is developable, the persquare-foot assessment would be less than the
maximum per-square-foot assessment set forth in
subparagraph (1). In that case, the per-square-foot
3

assessment for the phase would be calculated by
dividing the principal amount of the Bond allocable to
such phase by the number of developable square feet in
such phase.
(3) To the extent that the plat for any particular phase of
development results in less than 65% of the square feet
of the phase to be platted being developable, the persquare-foot assessment would be equal to the maximum
per-square foot assessment set forth in subparagraph
(1), and the Developer, as a condition to final plat
approval, will be required to prepay principal of the
Bond (together with interest thereon to the next interest
payment date) in an amount equal to the delta between
(i) the principal amount of the Bond allocated to such
phase, and (ii) the sum of the principal amount of the
assessments against the developable square footage in
the phase based on the maximum per-square-foot
assessment set forth in subparagraph (1).
(b)
Example of Assessments Set Forth on Exhibit C. Exhibit C hereto sets
forth an example of how this assessment methodology is implemented, solely for
illustrative purposes.
(c)
Interest and Term. The principal amount of the special assessments
described herein shall be payable over a term of up to 20 years and bear interest at a
prescribed rate of interest. The amount of special assessments will vary over time as the
Property is being platted and as the outstanding principal amount of the Bond is reduced.
8.2. Assessment Methodologies Equitable and Consistent with Benefit. This Council
hereby determines that the methods of assessment and the assessment of costs of the specific
Improvements against the properties benefited thereby as prescribed in this Section 8 are
equitable and in proportion to and not exceeding the special benefits derived from the respective
Improvements by the lots, tracts and parcels to be assessed therefor within the District.
8.3. Assessment Amounts Exclude Interest. All dollar amounts of special assessments
herein and in any exhibit hereto exclude interest on the principal amount of the special
assessments. Special assessments shall bear interest at a rate not less than 50 basis points in
excess of the average annual interest rate on the outstanding Bond.
8.4. Amount of Special Assessments. The aggregate amount of special assessments
levied by the City in any one fiscal year shall in all events be at least sufficient to pay the
principal of and interest on the Bond in that fiscal year.
Section 9. Payment of Assessments. The City plans to issue the Note to provide interim
financing for a portion of the costs of the Improvements. The Note will have a term of up to 3
years. At or prior to the maturity of the Note, the City will issue the Bond so long as all
4

conditions to the issuance of the Bond are satisfied. Special assessments will not be levied
against the property in the District until the Bond is issued. The special assessments shall be
payable over a term not exceeding 20 years, each in substantially equal semiannual installments
of principal, plus interest, or substantially equal semiannual payments of principal and interest,
as this Council shall prescribe in the resolution authorizing the issuance of the Bond. Property
owners shall have the right to prepay assessments as provided by law.
Section 10. The Program and the Montana Board of Investments. Pursuant to House Bill
505 enacted by the 2025 Montana state legislature, BOI is authorized to use funds on hand in the
Montana Housing Infrastructure Revolving Loan Fund to secure all or a portion of a bond in lieu
of a pledge of an issuer’s revolving fund. Pursuant to such authority, BOI has developed its
Montana Housing Infrastructure Bond Guarantee Program (the “Program”). The Developer and
the City have applied to BOI to secure the Bond through the Program. At a meeting held on
October 21, 2026, BOI approved the guarantee of the Bond through the Program, subject to the
terms and conditions of a Master Development Agreement by and among the City, the
Developer, BOI and the Bank (the “Master Development Agreement”), and the form of a Bond
Guaranty Agreement by and among the City, BOI, and the Bank (the “Bond Guaranty
Agreement”), and approved the forms of the Master Development Agreement and the Bond
Guaranty Agreement. The Bond, when issued, will be secured by a covenant and pledge by BOI
under the Program to purchase the Bond for the Bond Purchase Price, as described in and subject
to the terms and conditions of the Master Development Agreement and the Bond Guaranty
Agreement, the Note resolution and the Bond resolution and associated Note and Bond
documents. The Bond will not be secured by a pledge of the City’s special improvement district
revolving fund and the City shall have no obligation to replenish the Reserve Account.
Section 11. Revocation of this Resolution and Termination of the District. In the event
the Note is not issued and delivered, the City reserves the right to revoke this resolution and
terminate the District.
Section 12. Effective Date. This resolution shall be effective on its date of adoption by
the Council; however, its continued effect is subject to the Note being issued as described in
Section 11.

5

PASSED AND ADOPTED by the City Council of the City of East Helena, Montana, this
3 day of November, 2026.
rd

____________________________________
Mayor
Attest:

City Clerk-Treasurer

[SEAL]

6

DRAFT 09/29/2026
EXHIBIT A
Map and Legal Description of District
MAP AND LEGAL DESCRIPTION OF DISTRICT

A-1

LEGAL DESCRIPTION: AREA A
AN AREA OF LAND LOCATED WITHIN THE WEST HALF OF SECTION 36, TOWNSHIP 10
NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF THE MONTANA
RAIL LINK WITH THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 282 BEING A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,096.00 FEET, A CENTRAL ANGLE OF
32°19'49", AND A CHORD WHICH BEARS SOUTH 51°30'24" WEST, 610.27 FEET;
•

•
•
•
•
•
•
•
•
•
•

•

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID HIGHWAY
RIGHT-OF-WAY
1. SOUTHWESTERLY 618.44 FEET ALONG SAID CURVE AND HIGHWAY RIGHTOF-WAY;
2. SOUTH 67°40'19" WEST, 1,117.45 TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,005.00 FEET, A
CENTRAL ANGLE OF 46°20'24", AND A CHORD WHICH BEARS SOUTH
44°30'06" WEST, 790.86 FEET;
3. SOUTHWESTERLY 812.83 FEET ALONG SAID CURVE TO THE WESTERLY
BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST, P.M.M.;
THENCE NORTH 01°44'41" EAST, 298.16 FEET ALONG SAID SECTION LINE TO THE
WESTERLY QUARTER CORNER OF SAID SECTION 36;
THENCE NORTH 01°20'19" EAST, 1,299.79 FEET ALONG SAID SECTION LINE;
THENCE SOUTH 88°44'09" EAST, 125.10 FEET;
THENCE NORTH 89°33'13" EAST, 105.47 FEET;
THENCE NORTH 46°03'54" EAST, 559.86 FEET;
THENCE NORTH 42°11'56" EAST, 213.35 FEET;
THENCE NORTH 47°48'04" WEST, 703.86 FEET;
THENCE NORTH 01°42'38" EAST, 9.93 FEET;
THENCE NORTH 88°39'41" WEST, 231.82 FEET TO THE WESTERLY BOUNDARY OF
SAID SECTION 36;
THENCE NORTH 01°20'19" EAST, 296.62 FEET ALONG SAID WESTERLY BOUNDARY
TO THE SOUTHERLY BOUNDARY OF THAT TRACT DESCRIBED IN QUIT CLAIM DEED
DOCUMENT NO. 3254920;
THENCE SOUTH 88°30'32" EAST, 361.50 FEET ALONG SAID SOUTHERLY BOUNDARY
TO THE SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY;
A-2

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID MONTANA
RAIL LINK RIGHT-OF-WAY;
1. SOUTH 47°48'04" EAST, 1,994.55 FEET;
2. NORTH 88°28'24" WEST, 76.72 FEET;
3. SOUTH 47°48'04" EAST, 314.34 FEET TO THE POINT OF BEGINNING;
CONTAINING 60.554 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.
•

LEGAL DESCRIPTION: AREA B
AN AREA OF LAND LOCATED WITHIN SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST,
P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY, MONTANA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-B PER CERTIFICATE OF
SURVEY (C.O.S.) NUMBER 3444893 ALSO BEING THE WESTERLY BOUNDARY OF TRACT A2D OF C.O.S. NO. 3369917;
•
•

•
•

•

THENCE SOUTH 16°34'39" WEST, 232.18 FEET ALONG SAID WESTERLY BOUNDARY
OF TRACT A2-D;
THENCE SOUTH 12°50'05" WEST, 472.53 FEET ALONG SAID WESTERLY BOUNDARY
OF TRACT A2-D TO A LINE 20 FEET NORTHERLY AND PARALLEL WITH THE
CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE EASEMENT PER BOOK 175
OF DEEDS, PAGE 465;
THENCE NORTH 86°48'18" WEST, 113.13 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 63°00'18" WEST, 3,481.51 FEET ALONG SAID PARALLEL LINE AND
BECOMING THE NORTHERLY BOUNDARY OF THAT 40 FOOT WIDE YELLOWSTONE
PIPE LINE EASEMENT DESCRIBED IN BOOK 176, PAGE 280 TO THE EASTERLY
RIGHT-OF-WAY BOUNDARY OF HIGHWAY 282;
THENCE THROUGH THE FOLLOWING FOUR (4) COURSES ALONG SAID RIGHT-OFWAY;
1. NORTH 01°33'32" EAST, 401.23 FEET ALONG SAID RIGHT-OF-WAY TO THE
BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS

A-3

OF 905.00 FEET, A CENTRAL ANGLE OF 66°06'47", AND A CHORD WHICH
BEARS NORTH 34°36'55" EAST, 987.29 FEET;
2. NORTHEASTERLY 1,044.27 FEET ALONG SAID CURVE;
3. NORTH 67°40'19" EAST, 1,117.45 FEET TO THE BEGINNING OF A CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,196.00 FEET, A
CENTRAL ANGLE OF 31°44'50", AND A CHORD WHICH BEARS NORTH
51°47'54" EAST, 654.25 FEET;
4. NORTHEASTERLY 662.70 FEET ALONG SAID CURVE TO THE SOUTHERLY
BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY;
• THENCE SOUTH 47°47'32" EAST, 492.25 FEET ALONG SAID MONTANA RAIL LINK
RIGHT-OF-WAY TO THE NORTH MOST CORNER OF TRACT A2-E1-B OF C.O.S. NO.
3444893;
• THENCE THROUGH THE FOLLOWING EIGHT (8) COURSES ALONG SAID TRACT
BOUNDARY;
1. SOUTH 44°27'59" WEST, 1,104.10 FEET;
2. SOUTH 45°37'16" EAST, 176.08 FEET;
3. SOUTH 44°22'44" WEST, 167.22 FEET;
4. SOUTH 44°06'23" EAST, 830.77 FEET;
5. SOUTH 43°14'38" WEST, 505.23 FEET;
6. SOUTH 46°04'17" EAST, 779.89 FEET;
7. SOUTH 40°58'35" EAST, 148.70 FEET;
8. NORTH 87°33'19" EAST, 776.13 FEET TO THE POINT OF BEGINNING.
CONTAINING 106.188 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

LEGAL DESCRIPTION: AREA C
AN AREA OF LAND LOCATED WITHIN THE SOUTH HALF OF SECTION 36, TOWNSHIP 10
NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-D PER C.O.S. NO. 3444893;
•

THENCE NORTH 01°43'46" EAST, 608.67 FEET ALONG THE EASTERLY BOUNDARY
OF SAID TRACT A2-E1-D;
A-4

THENCE NORTH 88°13'27" WEST, 683.73 FEET ALONG THE NORTHERLY
BOUNDARY OF SAID TRACT A2-E1-D AND CONTINUING ALONG THE NORTHERLY
BOUNDARY OF TRACT A OF C.O.S. NO. 3254917 TO THE EASTERLY BOUNDARY OF
THE HIGHWAY 282 RIGHT-OF-WAY;
• THENCE THROUGH THE FOLLOWING FIVE (5) COURSES ALONG SAID RIGHT-OFWAY;
1. NORTH 01°33'32" EAST, 352.72 FEET;
2. NORTH 15°33'46" EAST, 82.00 FEET;
3. NORTH 01°33'32" EAST, 239.99 FEET;
4. NORTH 12°22'53" WEST, 82.36 FEET;
5. NORTH 01°33'32" EAST, 226.87 FEET TO THE SOUTHERLY BOUNDARY OF A
40 FOOT WIDE YELLOWSTONE PIPE LINE EASEMENT AS DESCRIBED IN
BOOK 176, PAGE 280;
• THENCE SOUTH 63°00'18" EAST, 3,470.91 FEET ALONG SAID SOUTHERLY
BOUNDARY AND BECOMING A LINE 20 FEET SOUTHERLY AND PARALLEL WITH THE
CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE EASEMENT PER BOOK 175
OF DEEDS, PAGE 465;
• THENCE SOUTH 86°48'18" EAST, 114.76 FEET ALONG SAID PARALLEL LINE TO THE
WESTERLY BOUNDARY OF TRACT A2-D OF C.O.S. NO. 3369917;
• THENCE SOUTH 12°50'05" WEST, 39.25 FEET ALONG SAID WESTERLY BOUNDARY
TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
175.24 FEET, A CENTRAL ANGLE OF 17°14'52", AND A CHORD WHICH BEARS
SOUTH 05°24'51" WEST, 52.55 FEET;
• THENCE SOUTHWESTERLY 52.75 FEET ALONG SAID CURVE TO THE SOUTHERLY
BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3 WEST;
• THENCE NORTH 88°33'39" WEST, 2,556.05 FEET ALONG SAID SECTION LINE TO
THE POINT OF BEGINNING.
CONTAINING 51.176 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.
•

A-5

EXHIBIT B
Estimated Project Budget
Cost
City Admin
BOI Program Fee
Reserve Requirement
Interim Interest
Bond Counsel & other COI
Financing contingency
UPZ tank design
Turn lane design
UPZ construction
Manlove lift station construction
Utility fees
Eng. & const. servs tank, turn lanes
Eng. & const. servs sewer improvements
Contingency tank
Contingency sewer improvements
Rounding
BAN principal payoff
Total:

Amer.Chemet

Power Townsend

City

BAN

$

$

24,047.00 $

8,673.00 $

$

1,964.00 $

708.00 $

$

3,050.00 $

1,100.00 $

$

29,061.00 $

10,481.00 $

B-1

Bond

$25,000

$
$
$
80,000.00 $

$
366,216.00 $
$
$
29,914.00 $
$
46,450.00 $
$

8,750,000.00
3,543,115.00
125,000.00
485,000.00
289,414.00
825,000.00
140,205.00
266.00

442,580.00 $

14,263,000.00

548,780.00
1,546,264.00
1,115,016.00
50,000.00
46,940

Habitat

$
$
$

$
$

14,263,000.00
$17,570,000

378,770.00 $
60,000.00 $
$
450,000.00 $
$
$
$
$
249,795.00 $
$

Total
25,000.00
548,780.00
1,546,264.00
1,115,016.00
130,000.00
46,940
378,770.00
60,000.00
8,750,000.00
4,392,051.00
125,000.00
485,000.00
322,000.00
825,000.00
440,600.00
266.00

$1,138,565 $

19,190,687.00

$
$
$
$
$

EXHIBIT C
Example of Assessment Methodology
All amounts shown below are principal only; actual assessments will bear interest at the rate of
interest charged on the Bond, plus not less than 0.50%.
$17,570,000 total principal assessment
Total area: 217.93 acres; 9,493,031 sq ft
•
•

Gross square foot assessment applicable for unplatted property:
o $17,570,000/9,493,031 = $1.86/square foot
Maximum square foot assessment applicable for platted property:
o 9,493,031 x 65% = 6,170,471
o $17,570,000/6,170,471 = $2.85/square foot

Illustration of Implementation at Plat Approval 1
•

•

•

1

Phase 1 subdivision plat submitted for approval (numbers/amounts for illustrative
purposes only):
o 18.405 total acres; 13.005 developable acres; 70.1% development ratio
o Phase 1 = 8.45% of District, so responsible for $17,570,000 x 8.45% =
$1,499,875
o 13.005 x 43,560 = 568,458 developable square feet
o $1,499,875/568,458 = $2.64/square foot assessment amount for developable area
(less than max)
Remainder of District:
o Responsible for $17,570,000-$1,499,875 = $16,070,125 (unplatted, so assessed
on a gross square foot basis at $1.85/square foot or $16,070,125/8,691,309)
Phase 2 subdivision plat submitted for approval (numbers/amounts for illustrative
purposes only):
o 4.508 total acres; 2.420 developable acres; 54% development ratio
o Phase 2 = 2% of District, so responsible for $17,570,000 x 2% = $351,400
o 2.42 x 43,560 = 105,415.2 developable square feet
o $351,400/105,415.2 = $3.34/square foot;
 In excess of the maximum so:
• Maximum per square foot assessment is $2.85/square foot;
• $2.85 x 105,415.20 = $300,433.32
• $351,400 - $300,433.32 = $50,966.68 principal prepayment of
Bond by Developer, together with interest thereon to next interest
payment date, as condition to approval of final plat for Phase 2

Note that this illustration keeps the principal amount at $17,570,000. However, the principal amount of special
assessments allocable to any phase of development would be based on the then-outstanding principal amount of
the Bond, which will be decreasing with each semiannual payment, and on conditions existing in each phase as
of the date of approval of final plat for such phase.

C-1

•

Remainder of District:
o Responsible for $17,570,000 - $1,499,875 - $300,433.32 = $15,769,622
(unplatted, so assessed on a gross square foot basis at $1.86/square foot)

C-2

ANNEX C
FORM OF MASTER DEVELOPMENT AGREEMENT

C-1

DRAFT 09/29/2026
MASTER DEVELOPMENT AGREEMENT
This Master Development Agreement (this “Agreement”) is dated as of November [__],
2026, by and among the City of East Helena, Montana (the “City”), Eleanor Development
Corporation, a Montana nonprofit corporation (the “Developer”), the Montana Board of
Investments (“BOI”) and Valley Bank, Division of Glacier Bank (the “Bank”).
RECITALS
WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapter 12, Parts
41 and 42, as amended (the “SID Act”), the City is authorized to create special improvement
districts whenever the public interest or convenience may require, to finance the costs of public
infrastructure conferring a special benefit on property within the special improvement district;
and
WHEREAS, the SID Act further authorizes the City to create a special improvement
district without a public hearing or notice and protest process upon the receipt of a petition to
create a special improvement district that contains the consent of all of the owners of property to
be included in the district; and
WHEREAS, the Developer is planning the development of a major subdivision (the
“Project”) on property the Developer owns in the City, a map of which is set forth on Exhibit A
and the legal description of which is set forth on Exhibit B (the “Property”). Developer
anticipates developing the Project in phases, with each phase of development of the Project
(each, a “Phase”) undergoing a separate subdivision process before final plat for the Phase is
approved. The Property requires the construction and installation of significant off-site
infrastructure to be developable (as further described herein, the “Off-Site Infrastructure”); and
WHEREAS, approval of the final plat for each Phase requires the construction and
installation of On-Site Infrastructure, including streets, sidewalks, curbs, gutters; and
WHEREAS, the Project is designed to include a variety of residential housing types,
including multifamily apartment buildings, cottages, townhomes and medium and large singlefamily homes, at a range of price points ranging from affordable to market-rate; and
WHEREAS, the Developer intends to utilize various mechanisms to ensure long-term
affordability for a minimum of 30% of the housing units to be developed as part of the Project,
which may include a community land trust model, regulatory agreements and/or deed
restrictions; and
WHEREAS, pursuant to House Bill 819 enacted by the 2023 Montana state legislature,
the legislature created the Montana Housing Infrastructure Revolving Loan Fund, administered
by BOI, to increase home ownership and provide more long-term rental opportunity; to increase
housing supply and offer diverse housing types to meet the needs of population; and to create
partnerships between the state, local governments, private sector developers, and applicants for
residential development to finance necessary infrastructure for housing; and

1

DRAFT 09/29/2026
WHEREAS, pursuant to House Bill 505 enacted by the 2025 Montana state legislature,
the legislature authorized BOI to use funds in the Montana Housing Infrastructure Revolving
Loan Fund to secure any portion of bonds in lieu of a pledge of the issuer’s revolving fund; and
WHEREAS, pursuant to such authorization, BOI has developed its Montana Housing
Infrastructure Bond Guarantee Program (the “Program”) to secure special assessment bonds
issued to finance infrastructure supporting the development of residential housing, and has
adopted its Policy Nos. 70.750, 70.751 and 70.752 (the “Policies”); and
WHEREAS, the City and the Developer have applied to BOI to further secure the Bond
(as hereinafter defined) through the Program; and
WHEREAS, at a meeting duly held on October 21, 2026, BOI approved the guaranty of
the Bond through the Program, subject to the terms and conditions of this Agreement and the
Bond Guaranty Agreement (as defined below), approved the purchase of the Note, and approved
the forms of this Agreement, the Bond Guaranty Agreement, the Connection Fee Agreement and
the EDC/Habitat Agreement (each, as defined below); and
WHEREAS, the City received a petition from the Developer, as owner of all of the
Property, to create a special improvement district with boundaries coterminous with the Property
to finance the Off-Site Infrastructure and incidental costs (the “Petition”); and
WHEREAS, following the BOI approvals described above, on November 3, 2026, in
support of the Project and pursuant to the Petition, the City has adopted the SID Resolution,
created the District, adopted the BAN Resolution and approved the forms of this Agreement, the
Bond Guaranty Agreement and the Connection Fee Agreement; and
WHEREAS, the parties anticipate that the City will sell and issue the Note (as hereinafter
defined) to BOI on the date hereof, and use proceeds of the Note to finance design, engineering,
construction and installation of the Off-Site Infrastructure on an interim basis and to pay costs of
issuance of the Note. On or before the maturity of the Note, and provided all conditions to the
issuance of the Bond are satisfied, the City will sell and issue the Bond to the Bank; use proceeds
of the Bond to pay in full and redeem the principal of and interest on the Note, to fund the
deposit to the Reserve Account (as hereinafter defined), and to pay costs of issuance of the Bond;
and the Bond will be secured under the Program; and
WHEREAS, the parties desire to enter into this Agreement which sets forth the
obligations and commitments of the parties with respect to the Project, the Property, the District,
the Off-Site Infrastructure, the On-Site Infrastructure, the Note and the Bond.
NOW THEREFORE, the parties represent, covenant and agree as follows:
Section 1.
1.1

Definitions and Exhibits

Definitions.

“Assessments” means the special assessments to be levied against benefited property
within the District as described in the SID Resolution.
2

DRAFT 09/29/2026
“BAN Resolution” means Resolution No. [___], adopted by the City Council on
November 3, 2026, authorizing the issuance and setting forth the terms and conditions of the
Note.
“Bond” means the up to $17,570,000 Special Improvement District No. 1 Bond (Montana
Housing Infrastructure Bond Guarantee Program), to be sold and issued by the City, purchased
by the Bank and secured under the Program by BOI. “Bond” also means any refunding bond
that refunds the Bond, but only if BOI has consented in writing to the refunding.
“Bond Guaranty Agreement” means the Bond Guaranty Agreement among the City, BOI
and the Bank, dated as of the date of this Agreement, as it may be supplemented, amended or
superseded in accordance with its terms.
“Bond Resolution” means the resolution to be adopted by the City Council prior to the
issuance of the Bond, which will confirm the issuance of the Bond and set forth final terms and
conditions of the Bond.
“Connection Fee Agreement” means the Connection Fee Agreement, dated as of the date
hereof, by and between the City and BOI.
City.

“City Council” means the city council of the City, or any successor governing body of the
“District” means the Special Improvement District No. 1, created by the SID Resolution.

“EDC/Habitat Agreement” means the agreement by and between the Developer and
Helena Area Habitat for Humanity for the benefit of BOI, dated as of the date hereof.
“Environmental Laws and Regulations” means and includes the Federal Comprehensive
Environmental Compensation Response and Liability Act (“CERCLA” or the “Federal
Superfund Act”), as amended by the Superfund Amendments and Reauthorization Act of 1986,
42 U.S.C. §§ 9601 et seq.; the Federal Resource Conservation and Recovery Act of 1976, 42
U.S.C. §§ 6901 et seq.; the Clean Water Act, 33 U.S.C. §§ 1321 et seq.; and the Clean Air Act,
42 U.S.C. §§ 7401 et seq., all as the same may be from time to time amended, and any other
federal, state, county, municipal, local other statute, code, law, ordinance, regulation, requirement
or rule which may or relate to or deal with human health or the environment including without
limitation all land use, zoning, and stormwater control regulations.
“Note” means the Special Improvement District No. 1 Bond Anticipation Note, Taxable
Series 2026, to be issued on the date hereof in the maximum principal amount of $14,263,000.
“Off-Site Infrastructure” means off-site improvements that are necessary for the
development of the Project, including the design, engineering, construction and installation of
water improvements consisting of a new elevated 600,000-gallon composite water tank (alternate
tank capacities will be evaluated during the design phase), foundation, site improvements,
piping, valving, electrical systems, controls integration, and SCADA coordination; and sewer
improvements consisting of a new wastewater lift station, force main, and associated gravity
sewer main to convey wastewater generated south of Highway 12 to the wastewater treatment
3

DRAFT 09/29/2026
facility located north of Highway 12, together with the replacement of five blocks of existing
gravity sewer main along Clark Street from 8-inch to 10-inch diameter pipe to accommodate
anticipated capacity demands.
“On-Site Infrastructure” means the infrastructure located on or serving each Phase which
is required to be constructed or installed as a condition to the City approving final plat for such
Phase; for the avoidance of doubt, On-Site Infrastructure does not include the Off-Site
Infrastructure.
“On-Site Infrastructure for Phase 1” means the infrastructure necessary for the City to
approve final plat for the subdivision of Phase 1, and includes streets, sidewalks, curbs, gutters,
water and sewer mains (including extensions of mains and other improvements necessary or
appropriate to connect to the Off-Site Improvements), stormwater improvements, street lights,
dry utilities, and related improvements.
“Petition” means the petition executed by the Developer and submitted to the City,
requesting the City to adopt and consenting to the terms of the SID Resolution.
“Phase” means each phase of development of the Project that is subject to a separate,
final plat.
“Program” has the meaning given in the recitals hereto.
“Policies” has the meaning given in the recitals hereto.
“Project” means the development of the Property as a major subdivision which is
expected to include a variety of housing options affordable to a range of incomes; parks, trails
and other amenities; a town center; commercial property; and related improvements.
“Property” has the meaning given in the recitals hereto.
“Reserve Account” means the debt service reserve account for the Bond, which will be
created by the Bond Resolution and funded with Bond proceeds.
“Reserve Account Notice” means the notice to be provided by the City to the Bank and
BOI in connection with an advance of funds from the Reserve Account, substantially in the form
attached hereto as Exhibit E.
“SID Act” has the meaning given in the recitals hereto.
“SID Resolution” means Resolution No. [___], adopted by the City Council on
November 3, 2026, creating the District and authorizing the City to levy Assessments.
“State” means the State of Montana.
“Unavoidable Delay” means a delay resulting from a cause over which the party required
to perform does not have control and which cannot or could not have been avoided by the
exercise of reasonable care, including but not limited to accidents, war, civil unrest, embargoes,
4

DRAFT 09/29/2026
strikes, unavailability of raw materials or manufactured goods, litigation, pandemics, epidemics,
labor shortages, unusual permitted delays, unusually inclement weather and the delays of another
party or its contractors, agents or employees in the performance of their duties under or incident
to this Agreement.
1.2

Exhibits.
Exhibit A

Map of the Property

Exhibit B

Legal Description of the Property

Exhibit C

Budget for Off-Site Infrastructure

Exhibit D

Permitted Liens and Encumbrances

Exhibit E

Form of Reserve Account Notice

Exhibit F

Term Sheet

Section 2.

City Representations, Covenants and Undertakings

2.1.
Following receipt of the Petition, the City Council has duly and validly adopted
the SID Resolution and created the District and the City is authorized to levy the Assessments, as
described and subject to the limitations set forth in the SID Resolution. Pursuant to Resolution
No. [__] adopted by the City Council on November 3, 2026, the City Council authorized, among
other things, the execution and delivery by the City of this Agreement and the Bond Guaranty
Agreement and pursuant to Resolution No. [__] adopted by the City Council on November 3,
2026, the City Council authorized the execution and delivery of the Connection Fee Agreement.
2.2.
By Resolution No. [__] adopted on November 3, 2026, the City Council has duly
and validly adopted the BAN Resolution, setting forth the terms and conditions of the Note and
the City’s covenant to issue the Bond subject to satisfaction of various conditions. The City is
issuing the Note to BOI on the date hereof.
2.3.
Following the issuance of the Bond, and as will be set forth in the Bond
Resolution, the City covenants to levy the Assessments against property in the District in
accordance with the SID Resolution. Given the relative complexity of the assessment
methodology and the size of the District, the City will endeavor to purchase specialized software
and/or contract with an independent consultant with relevant expertise to assist it in levying the
Assessments. Costs of such undertakings, which are not expected to exceed $5,000 annually,
will be paid or reimbursed to the City by the Developer pursuant to agreements or arrangements
satisfactory to the City.
2.4. The City does not charge impact fees with regard to the Project under Montana
Code Annotated, Title 7, Chapter 6, Part 16, as amended. The City does or may charge, levy or
assess the rates, charges, fees and assessments set forth in Section 7-6-1601(5)(b), Montana Code
Annotated, including, without limitation, subdivision fees, outside engineering, consulting,
5

DRAFT 09/29/2026
professional and or contracted services fees, system development fees, inspection fees and
tapping fees; and will charge the connection fees as described in the Connection Fee Agreement.
2.5.
The City has approved and authorized the execution and delivery of the
Connection Fee Agreement and by Resolution No. [__], adopted by the City Council on
November 3, 2026, the City has instituted the connection fees set forth therein.
2.6.
The City agrees to review and process the plat application for Phase 1 in
accordance with the City’s protocols and procedures, without undue delay.
2.7.
The City is working with Robert Peccia & Associates as its engineer with respect
to the Off-Site Infrastructure and has entered into or upon the issuance of the Note will enter into
general contractor/construction manager contracts with respect to the Off-Site Infrastructure.
Subject to Unavoidable Delay, the Off-Site Infrastructure is expected to be completed by
December 31, 2028.
2.8.
Throughout the term of the Note, the City agrees to provide, or to cause its
engineer to provide, updates to BOI staff upon request, but not more frequently than quarterly,
regarding (i) the progress of construction on the Off-Site Infrastructure, including invoice
tracking, descriptions of any delays and the cause for such delay, as well as (ii) Developer’s
progress in satisfying conditions precedent to plat approval for each Phase.
2.9.
In each request to BOI for an advance of proceeds of the Note, the City will
include (i) a statement or certification of its engineer approving the amount of the requested
draw, and (ii) copies of the invoices being paid and any lien releases.
2.10. The City has required that its contractors post payment or performance bonds for
the Off-Site Infrastructure in accordance with state law.
2.11. At the time of issuance of the Bond, the City will fund a deposit to the Reserve
Account from Bond proceeds in an amount equal to the reserve requirement to be set forth in the
Bond Resolution. The City will hold the Reserve Account as a separate and special account, and
funds in the Reserve Account shall be applied only as described in the Bond Resolution,
including to pay debt service on the Bond when amounts on hand in the debt service account for
the Bond are insufficient. In the event that funds are transferred from the Reserve Account to
pay debt service on the Bond, within 5 business days after the amounts were transferred, the City
will provide to the Bank and BOI a written notice, substantially in the form attached hereto as
Exhibit E. The City shall have no obligation to replenish the Reserve Account.
2.12. Except if BOI is required to purchase the Bond for the Bond Purchase Price as
described in Section 4, the Bond may be transferred by the Bank only with the prior written
consent of the City and BOI and only in whole and not in part, and if BOI acquires the Bond for
the Bond Purchase Price as required under Section 4, the Bond is not transferable
Section 3.

Developer Representations, Covenants and Undertakings

3.1.
The Developer is a Montana nonprofit corporation, duly formed, validly existing,
in good standing and duly qualified to do business in the State of Montana. The Developer has
6

DRAFT 09/29/2026
the power to enter into this Agreement and the EDC/Habitat Agreement and by all necessary
corporate action has duly authorized the execution and delivery of this Agreement and the
EDC/Habitat Agreement.
3.2.
The Developer has good marketable title to the Property, free and clear of all
liens, encumbrances and defects except such as do not materially affect the value of the Property
or materially interfere with the use made and proposed to be made of the Property by the
Developer, and except those liens and encumbrances set forth on Exhibit D hereto.
3.3.
Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions hereof is prohibited by or limited by or conflicts with or results in a breach of the
terms, conditions or provisions of the articles of incorporation or bylaws of the Developer or any
evidence of indebtedness, agreement or instrument of whatever nature to which Developer is
now a party or by which it is bound, or constitutes a default under any of the foregoing.
3.4
There is no action, suit, investigation or proceeding now pending or, to the
knowledge of the Developer, threatened against or affecting the Developer or its business,
operations, properties or condition (financial or otherwise) before or by any governmental
department, commission, board, authority or agency, or any court, arbitrator, mediator or grand
jury that could, individually or in the aggregate, materially and adversely affect the ability of the
Developer to complete the Project.
3.5.
The financial and organizational information provided in writing to BOI prior to
the date hereof was materially correct as of the date(s) provided and is materially correct on the
date hereof. Projections and pro forma materials provided in writing to BOI prior to the date
hereof represented on the date(s) provided and represent on the date hereof the reasonable
expectations of the Developer.
3.6.
The Developer has closed or on the date hereof is closing on financing for the OnSite Infrastructure for Phase 1. The Developer will or will cause its contractors to diligently
proceed with the On-Site Infrastructure. Subject to Unavoidable Delay, the On-Site
Infrastructure for Phase 1 is expected to be completed by spring 2028.
3.7.
Each Phase will require construction of On-Site Infrastructure as a condition to
final approval of the plat for such Phase. The Developer agrees to cause the On-Site
Infrastructure for each phase to be constructed in accordance with all applicable federal, State
and local laws, rules, regulations, ordinances and plans relating to or governing the development
or use of the Project. The Developer will comply in all material respects with all Environmental
Laws and Regulations applicable to the construction, acquisition and operation of the On-Site
Infrastructure, will obtain any and all necessary environmental reviews, licenses or clearances
under applicable Environmental Laws and Regulations. The Developer agrees to grant to the
City and applicable utility companies from time to time any and all easements, rights-of-way and
similar licenses as are reasonably necessary to permit the City or applicable utility company to
own, operate and maintain the On-Site Infrastructure improvements that will be owned, operated
and maintained by the City and applicable utility company.
7

DRAFT 09/29/2026
3.8.
The Developer has entered into a remedial action workplan with respect to the
Property, which has been approved by the EPA. The Developer will take all steps necessary to
mitigate soil contamination to a level sufficient to meet EPA requirements for residential
property. Except as set forth in this paragraph, the Developer is not aware of any facts the
existence of which would cause the Developer to be in violation in any material respect of any
Environmental Laws and Regulations applicable to the Project.
3.9.

Insurance.

(A)
The Developer shall provide in its construction contracts related to On-Site
Infrastructure that contractors are to be covered by a worker’s compensation insurance program,
private insurance carrier, or approved self-insurance plan in accordance with State law, and shall
cause contractor for On-Site Infrastructure for each Phase to post payment or performance bonds.
(B)
The Developer shall at its expense secure liability insurance through an insurance
company or companies duly licensed and authorized to conduct insurance business in Montana.
The insurance shall cover and apply to all claims, demands, suits, damages, losses and expenses
that may be asserted or claimed against, recovered from, or suffered by the City in relation to the
Off-Site Infrastructure or Developer’s actions or omissions with respect to Project (including OnSite Infrastructure). The Developer must furnish to the City and, upon request, to the Bank and
to BOI, an accompanying certificate of insurance and accompanying endorsements in amounts
not less than as follows:
Commercial General Liability—$2,000,000 per occurrence; $2,000,000 annual aggregate
The amounts above shall be exclusive of defense costs. The City, the Bank, and BOI
shall be endorsed as an additional or named insured on a primary non-contributory basis on the
Commercial General Liability policy. The insurance and required endorsements must be in a
form suitable to the City, the Bank, and BOI and shall include no less than a 30-day notice of
cancellation or nonrenewal. Developer must notify the City, the Bank, and BOI within 2
business days of Developer’s receipt of notice that any required insurance coverage will be
terminated.
(C)
The Developer will require its contractors to provide payment or performance
bonds with respect to the On-Site Infrastructure for Phase 1, and has provided or will provide
evidence of the payment or performance bonds to the City, the Bank, and BOI.
Section 4.

BOI Representations, Covenants and Undertakings

4.1.
Pursuant to a resolution adopted at a meeting on October 21, 2026, BOI has
approved and authorized purchasing the Note, securing the Bond through the Program, and the
execution and delivery of this Agreement, the Bond Guaranty Agreement, the EDC/Habitat
Agreement, the Connection Fee Agreement and related agreements and closing documents. BOI
acknowledges that the sole security for the repayment of the Note is the Bond.
4.2.
Subject to the terms and conditions of this Agreement and the Bond Guaranty
Agreement, BOI hereby covenants and agrees to secure the Bond through the Program, and such
covenant and agreement is valid and enforceable against BOI.
8

DRAFT 09/29/2026
4.3.
Pursuant to the Program, and as set forth in this Agreement and the Bond
Guaranty Agreement, BOI covenants and pledges to the City and the Bank (or subsequent
permitted Bond holder) to purchase the Bond from the Bank if the Reserve Account is fully
depleted. Within 3 business days of the dated date of the final Reserve Account Notice provided
by the City to the Bank (or any subsequent permitted Bond holder) and BOI stating that the
amounts in the Reserve Account are fully depleted, BOI, without any further action by the
governing body of BOI, will purchase the Bond from the Bank (or any subsequent permitted
Bond holder) at a price of the then-outstanding total principal amount of the Bond, plus accrued
and unpaid interest thereon to the date of purchase, without premium (the “Bond Purchase
Price”). This obligation of BOI is unconditional and irrevocable.
4.4.
BOI has available and covenants to continue to have available in the Program
funds sufficient to purchase the Bond at the Bond Purchase Price.
4.5.
BOI acknowledges and agrees that if it is required to purchase the Bond for the
Bond Purchase Price, the sole security for the repayment of the Bond shall be Assessments and
revenues derived from Assessments, and the Bond will not be secured by or payable from any
other source.
4.6.
The Project is a bare land subdivision owned by a single owner, the Developer,
the development of which is being undertaken by the Developer. As such, the City is not in a
position to pledge its special improvement district revolving fund to the repayment of the Bond.
Accordingly, the Bond is not marketable in the absence of the obligation of BOI to purchase the
then-outstanding Bond for the Bond Purchase Price in accordance with the above provisions of
this Section 4. Given the critical importance of such obligation to the marketability of the Bond,
the BOI has delivered on or before the closing date of the Note and agrees that it will deliver on
or before the closing date of the Bond signed certificates, agreements, and/or instruments,
including the Bond Guaranty Agreement, on which the City and the Bank may rely that set forth
the security conferred on the Bond under the Program and that affirm the obligation of the BOI
to purchase the then-outstanding Bond at the Bond Purchase Price as described in this Section 4
and in the Bond Guaranty Agreement. Any one or more of such certificates, agreements, and/or
instruments may be affixed to or otherwise made a part of the Note and/or the Bond.
4.7

BOI may transfer the Note only with the prior written consent of the City.

Section 5.

Bank Representations, Covenants and Undertakings

5.1.
The Bank is a Montana banking association, validly existing, in good standing
and qualified to do business in the State. The Bank has the power to enter into this Agreement
and the Bond Guaranty Agreement and by all necessary corporate action has duly authorized the
execution and delivery of this Agreement and the Bond Guaranty Agreement.
Act.

5.2

The Bank is an “accredited investor” as defined in Rule 501(a) of the Securities

5.3
The Bank has sufficient knowledge and experience in financial matters, including
the purchase and ownership of municipal obligations, to be able to evaluate the merits and risks
of an investment in the Bond. The Bank can bear the economic risk of such investment.
9

DRAFT 09/29/2026
5.4
The Bank has authority to commit to purchase the Bond and to execute and
deliver any other instruments and documents to be executed by the Bank in connection with the
purchase of the Bond.
5.5
The Bank understands that an official statement, prospectus, offering circular, or
other comprehensive offering statement has not been provided with respect to the Bond. The
Bank has made its own inquiry and analysis with respect to the City, the District, the Bond, the
Assessments and the Program, and other material factors affecting the security for and payment
of the Bond.
5.6
The Bank acknowledges that it has reviewed 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 Bond, the Assessments and the
Program, so that it has been able to make an informed decision to purchase the Bond and
acknowledges that it has not relied on the City, the Developer or BOI with respect to the
advisability of purchasing the Bond.
5.7
The Bank understands that the Bond: (i) will not be registered under the Securities
Act of 1933, as amended, and will not be registered or otherwise qualified for sale under the
“Blue Sky” laws and regulations of any state, (ii) will not be listed on any stock or other
securities exchange, and (iii) will not be rated by any credit rating agency.
5.8
The Bank understands and acknowledges that its payment under the Bond is
limited solely to (i) Assessments, as described in the SID Resolution and as will be described in
the Bond Resolution, and that it has no right to compel the exercise of any taxing power of the
City or any other public body for the repayment of the Bond (other than the obligation of the
City to levy and collect the Assessments), (ii) amounts available in the Reserve Account, and (iii)
the pledge of BOI to purchase the Bond at the Bond Purchase Price. The Bank acknowledges
and agrees that the City is not pledging its special improvement district revolving fund to the
repayment of the Bond and that the City has no obligation to replenish the Reserve Account.
5.9
The Bank hereby covenants and commits to purchase not less than all of the
Bond, pursuant to the terms and conditions as set forth in the Term Sheet attached as Exhibit F;
provided that the terms and conditions set forth in the Term Sheet may be superseded by the
terms and conditions in the Bond Resolution and the Bond.
Section 6.
Conditions to Close on the BAN. The following conditions must be
satisfied prior to the issuance of the Note on the date hereof:
6.1.
The representations and warranties of each party shall be true and correct, and
there shall be no material defaults occurring or continuing under this Agreement, the Connection
Fee Agreement or the EDC/Habitat Agreement.
6.2.
The Developer shall have entered into a remedial action workplan with respect to
the Property, which has been approved by the EPA.

10

DRAFT 09/29/2026
6.3.
BOI shall have received the market feasibility study from Elkhorn Appraisal
Services, and the Developer shall have paid or reimbursed BOI for the costs of such market
feasibility study.
6.4.
There shall be no material adverse change in financial condition of Developer
from the most recent financial information provided to BOI.
6.5.
The financing for the On-Site Infrastructure for Phase 1 shall close prior to or on
the date hereof, and Developer shall provide such evidence of the closing as BOI and the City
may require.
6.6.
This Agreement, the Bond Guaranty Agreement, the Connection Fee Agreement
and the EDC/Habitat Agreement shall be executed and delivered by the applicable parties hereto
and thereto, and all parties shall have executed and delivered customary or appropriate closing
documents reasonably satisfactory to the City, BOI, the Bank and bond counsel.
6.7.
Bond counsel shall have delivered its unqualified opinion of bond counsel, in
form and substance reasonably satisfactory to the City and BOI.
6.8.
Such other terms and conditions as are set forth in the BAN Resolution, this
Agreement, the Bond Guaranty Agreement and associated Note documents shall have been
satisfied.
Section 7.
Conditions to Close on the Bond. The following conditions must be
satisfied prior to the issuance of the Bond:
7.1.
The Off-Site Infrastructure shall be complete, the On-Site Infrastructure for Phase
1 shall be complete, the Developer shall have satisfied all conditions to approval of final plat for
Phase 1 and the City shall have approved final plat for Phase 1.
7.2.
The representations and warranties of each party shall be true and correct in
material respects and there shall be no material defaults occurring or continuing under this
Agreement, the Bond Guaranty Agreement, the Connection Fee Agreement, or the EDC/Habitat
Agreement.
7.3.
The City shall have adopted the Bond Resolution, reflecting terms and conditions
substantially similar to those in the Term Sheet attached as Exhibit F, with such modifications as
are approved by the Bank, BOI and the City, and all parties shall have executed and delivered
customary or appropriate closing documents reasonably satisfactory to the City, BOI, the Bank
and bond counsel.
7.4.
Bond counsel shall have delivered its unqualified opinion of bond counsel, in
form and substance reasonably satisfactory to the City and the Bank.
7.5.
Such other terms and conditions as are set forth in this Agreement, the Bond
Guaranty Agreement, the BAN Resolution, the Bond Resolution and associated Bond documents
shall have been satisfied.
11

DRAFT 09/29/2026
7.6.
The party or parties entitled to the benefit of the foregoing conditions may in its
or their sole discretion and with no obligation to do so waive in writing the satisfaction of one or
more of the foregoing conditions.
Section 8.
Covenants Related to the Program. The Bond would not be marketable
without the security provided by the Program, and financing the Off-Site Improvements through
the Note and the Bond provides a significant benefit to the Project. The Developer
acknowledges that the Program is authorized under State law solely for the purpose of financing
infrastructure serving residential development, and that the Program has certain affordability
requirements as set forth in the Policies. Therefore, in recognition of the benefits provided to the
Project by the Program, in furtherance of the Program’s purpose and in accordance with the
Policies, the Developer hereby covenants as follows:
8.1.
Pursuant to and as further set forth in the EDC/Habitat Agreement, the Developer
has agreed to transfer real property related to no fewer than 30% of the residential units to be
developed on the Property to Helena Area Habitat for Humanity, which in turn will either convey
such property to a community land trust, subject such property to a LIHTC regulatory agreement
or subject such property to a deed restriction providing for the long-term affordability of such
units for a term not shorter than the term of the Bond (the “Affordability Encumbrances”). To
the extent that property relating to fewer than 30% of the residential units developed on the
Property is subject to Affordability Encumbrances, the Developer shall be required to prepay the
Bond in a principal amount equal to the product of (i) the proportionate percentage of the
shortfall, multiplied by (ii) the original principal amount of the Bond, together with interest
thereon. For example, if 27% of residential units developed on the Property are on property
subject to Affordability Encumbrances, the shortfall is equal to 10% (30%- 27%= 3%; 3%= 10%
of 30%). If the Bond is issued in the principal amount of $17,570,000, the Developer would be
required to prepay the Bond in the principal amount of $1,757,000, together with interest thereon
to the next interest payment date.
8.2.
If a mortgagee or another party succeeds to the Developer’s interest in the
Property or a portion of it through foreclosure or a deed in lieu of foreclosure, the Assessments
with respect to such property must be prepaid in full, together with interest thereon to the next
interest payment date. If the Developer sells any portion of the Property prior to subdivision of
that portion of the Property, the Assessments with respect to such property must be prepaid in
full unless the purchaser expressly assumes the obligations of the Developer under this Section 8,
the Developer provides notice of such assumption to the City, BOI consents in writing to such
assumption in its discretion and, so long as the Bank holds the Bond, the Bank consents to such
assumption in writing, which consent will not be unreasonably withheld.
8.3.
The Developer acknowledges that the Program is intended to support the
construction and installation of infrastructure supporting residential development, and is not
intended to subsidize nonresidential development. The Developer covenants that its purchase
and sale agreements will provide that:
(a)
if the Bond has been issued and the Assessments have been levied, the
developers or purchasers of property to be used for nonresidential purposes will be
required to prepay the Assessments relating to such property, together with interest
12

DRAFT 09/29/2026
thereon to the next interest payment date, at the time that the developer or purchaser of
such property applies for building permits; or
(b)
if the Bond has not been issued and the Assessments have not been levied,
the developers or purchasers of property to be used for nonresidential purposes will be
required to pay to the City $2.85 per square foot with respect to such property at the time
that the developer or purchaser of such property applies for building permits, which
amount will be held by the City and applied to the redemption price of the Note.
8.4.
The Developer expressly acknowledges and consents to the assessment
methodology set forth in the SID Resolution, and acknowledges and agrees that it may be
required to prepay a portion of the principal amount of the Bond allocated to a Phase, together
with interest thereon, at the time of and as a condition to approval of final plat for any Phase, as
described in the SID Resolution. In addition, the Developer acknowledges and agrees that, as
described in Section 9 below, in the event actual costs and expenses of the Off-Site Infrastructure
and all incidental costs exceed the estimated costs and expenses of the Off-Site Infrastructure and
incidental costs to be paid or refinanced by the Bond as set forth on Exhibit C, the Developer
shall pay all such costs and expenses in full and on a timely basis.
8.5.
On each January 1 during the term of this Agreement, commencing January 1,
2028, the Developer agrees to provide its most recent annual audited financial statements,
information regarding progress on the Project, the status of the approval of the subdivision of
each Phase, and evidence of compliance with the EDC/Habitat Agreement to BOI and the Bank
(so long as the Bank is the holder of the Bond).
8.6.
The Developer agrees to report any change in ownership of Developer in writing
to BOI and the Bank (so long as the Bank is holder of the Bond) within 30 days of change.
Section 9.

Off-Site Infrastructure Project Budget

9.1.
The project budget for the Off-Site Infrastructure is attached as Exhibit C, setting
forth the estimated costs and expenses of the Off-Site Infrastructure and all incidental costs to be
paid, reimbursed or refinanced by proceeds of the Bond (the “Off-Site Infrastructure Project
Budget”).
9.2. The parties to this Agreement acknowledge and agree that the Off-Site
Infrastructure Project Budget is subject to change based on actual costs and expenses, but that the
Bond may not be issued in a principal amount in excess of the total costs and expenses shown as
being paid, reimbursed or refinanced by the proceeds of the Bond on the Off-Site Infrastructure
Project Budget. The Developer covenants and agrees that in the event the costs and expenses of
the Off-Site Infrastructure and all incidental costs exceed the total amount thereof to be paid,
reimbursed or refinanced with proceeds of the Bond (i.e., $17,570,000), the Developer will
timely pay as due the dollar amount in excess of the maximum principal amount of Bond
proceeds so that the Off-Site Infrastructure can be built to completion and the Bond can be
issued. The parties acknowledge and agree that the sole source of security for the repayment of
the Note is proceeds of the Bond.
Section 10.

General Provisions
13

DRAFT 09/29/2026
10.1. Indemnification. The Developer releases the City, the Bank and BOI, and all of
their respective council members, board members, officers, agents, and employees (collectively,
the “Indemnified Parties”) from, and covenants and agrees that the Indemnified Parties shall not
be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against,
any loss, damage, cost (including reasonable attorneys’ fees), claim, demand, suit, action or other
proceeding whatsoever (i) arising or purportedly arising out of, or resulting or purportedly
resulting from, the acquisition and construction of the Project, the On-Site Infrastructure or the
Off-Site Infrastructure, any violation by the Developer of any agreement, condition or covenant
of this Agreement, the ownership, maintenance and operation of the Project, or the presence on
any portion of the Property of any dangerous, toxic or hazardous pollutants, contaminants,
chemicals, waste, materials or substances, or (ii) which is proximately caused by the Developer
or its officers, agents, contractors, consultants or employees.
10.2. Limitation of Liability. (A) No member, officer or employee of the City, the
Bank, or BOI shall be personally liable to any party hereto in the event of any default under or
breach of this Agreement by the City, the Bank, or BOI, as applicable, or for any amount that
may become due to any party for any obligation arising under this Agreement.
(B) No agreements or provisions contained in this Agreement or in any other document
executed by the City in connection with the Project or the Property shall give rise to any
pecuniary liability of the City or a charge against its general credit or taxing powers (other than
the obligation of the City to levy and collect the Assessments), or shall obligate the City
financially in any way except with respect to revenues from Assessments. No failure of the City
to comply with any term, condition, covenant or agreement herein shall subject the City to
liability for any claim for damages, costs or other financial or pecuniary charge except to the
extent that the same can be paid or recovered from Assessment revenues, and no execution on
any claim, demand, cause of action or judgment shall be levied upon or collected from the
general credit, general funds or taxing powers of the City (except Assessment revenues).
Nothing herein shall preclude a proper party in interest from seeking and obtaining specific
performance against the City for any failure to comply with any term, condition, covenant or
agreement herein; provided that no costs, expenses or monetary relief shall be recoverable from
the City except as may be payable from Assessment revenues. This Agreement shall not
constitute or be construed to give rise to a general obligation or debt of the City. The Note is a
special, limited obligation of the City payable solely from proceeds derived from the sale of the
Bond deposited in the Note Account, as described in the BAN Resolution and the Bond
Resolution. The Bond is a special, limited obligation of the City payable solely from
Assessments and funds available in the Reserve Account and is further secured by the obligation
of BOI to purchase the Bond at the Bond Purchase Price, as described in Section 4 of this
Agreement and in the Bond Guaranty Agreement.
10.3. Remedies. Except as set forth in Section 10.2 above, the parties may take
whatever action at law or in equity as may be necessary or appropriate to enforce performance or
observance of any covenant, condition, obligation or agreement under this Agreement. Except as
set forth in Section 10.2 above, the rights and remedies of the parties under this Agreement,
whether provided by law or in equity or by this Agreement, shall be cumulative, and the exercise
by any party hereto of any one or more of such remedies shall not preclude the exercise by such
party, at the same or different times, of any other remedy for the same default or breach or of any
14

DRAFT 09/29/2026
of its remedies for any other default or breach. No waiver made by such party with respect to the
performance or the manner or time thereof, or any obligation under this Agreement, shall be
considered a waiver with respect to the particular obligation of the other party or parties or a
condition to its own obligation beyond those expressly waived in writing and to the extent
thereof, or a waiver of any obligations of the other party. Delay by a party hereto instituting or
prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights
hereunder.
10.4. Recording. This Agreement touches and concerns the Property and a
memorandum of this Agreement is to be recorded in the real property records of Lewis and Clark
County, Montana. This Agreement inures to the benefit of and is binding upon the parties and
their successors in interest and permitted assignees. When all obligations under this Agreement
have been fulfilled and the Agreement is terminated by its terms, at the request and expense of
the Developer, the City, the Bank and BOI shall execute a notice of termination suitable for
recording in the real property records of Lewis and Clark County, Montana.
10.5. Assignment. No party to this Agreement may assign any rights or privileges or
delegate any duties or obligations under this Agreement without the written consent of all other
parties hereto.
10.6. Term; Effect. This Agreement shall remain in effect until the Bond is issued;
provided that Sections 4 and 8 shall remain in effect until the Bond is paid in full and defeased,
and Sections 10.1, 10.2 and 10.3 shall survive any termination of this Agreement. The
provisions of this Agreement do not and are not intended to limit the general municipal powers
of the City with regard to the Project, the Property, the District, the Off-Site Infrastructure, the
On-Site Infrastructure, or other matters set forth in this Agreement.
10.7. Amendments. This Agreement may be amended or modified only in writing
authorized and signed by all parties hereto; provided that Section 4 hereof may be amended or
modified in writing authorized and signed by the City, BOI and the Bank.
10.8. Further Assurances. The parties agree that they will, from time to time, execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered, such
supplements hereto and such further instruments as may reasonably be required for correcting
any inaccuracies related to the Property, the Project, the Off-Site Improvements or the On-Site
Improvements, or for carrying out the expressed intention of this Agreement.
10.9. Severability. If any part of this Agreement is hereafter held to be void, illegal or
unenforceable, the validity of the remaining portion or provisions will not be affected thereby.
10.10. Notices. Notices hereunder shall be in writing and shall be delivered either (i) by
personal hand delivery, (ii) by depositing the same in the United States mail, certified mail with
return receipt requested, (iii) by depositing the same with a nationally recognized overnight
delivery service, or (iv) by email. Notice will be deemed complete upon receipt of the notice.
Each party’s address for notice purposes is set forth below; provided that any party may change
its notice address with notice to the other parties.
To the City:
15

DRAFT 09/29/2026
306 E. Main Street
East Helena, MT 59635
Email: [email protected]
To the Developer:
432 N Last Chance Gulch, Ste R
Helena, MT 59601
Email: [email protected]
To BOI:
2401 Colonial Drive, 3rd Floor
PO Box 200126
Helena, MT 59620-0126
Email: [email protected]
To the Bank:
3030 North Montana Ave.
Helena, MT 59601
Email: [email protected]
10.11. Governing Law. This Agreement will be governed by the laws of the State of
Montana, without giving effect to any choice of law statutes, rules or principles.
10.12. Counterparts. This Agreement may be executed in one or more counterparts and,
if executed in more than one counterpart, the executed counterparts shall each be deemed to be
an original but all such counterparts shall together constitute one and the same instrument.
10.13. Conflicts. If any of the provisions of this Agreement conflict with the provisions
of the Bond Guaranty Agreement, the BAN Resolution or the Bond Resolution, the provisions of
the Bond Guaranty Agreement, the BAN Resolution and/or the Bond Resolution, as the case may
be, shall prevail in all instances.

16

DRAFT 09/29/2026
IN WITNESS WHEREOF, the parties hereto have caused this Master Development
Agreement to be executed as of the date first set forth above.

CITY OF EAST HELENA, MONTANA

By: _______________________________
Its: ________________________________

17

DRAFT 09/29/2026
ELEANOR DEVELOPMENT CORPORATION

By: _______________________________
Its: ________________________________

18

DRAFT 09/29/2026
MONTANA BOARD OF INVESTMENTS

By:_______________________________
Its:________________________________

19

DRAFT 09/29/2026
VALLEY BANK, DIVISION OF GLACIER
BANK

By:_______________________________
Its:________________________________

20

DRAFT 09/29/2026
EXHIBIT A
Map of Property

A-1

DRAFT 09/29/2026
EXHIBIT B
Legal Description of Property

B-1

DRAFT 09/29/2026
LEGAL DESCRIPTION: AREA A
AN AREA OF LAND LOCATED WITHIN THE WEST HALF OF SECTION 36, TOWNSHIP
10 NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK
COUNTY, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF THE
MONTANA RAIL LINK WITH THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 282
BEING A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,096.00 FEET,
A CENTRAL ANGLE OF 32°19'49", AND A CHORD WHICH BEARS SOUTH 51°30'24"
WEST, 610.27 FEET;
•

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID
HIGHWAY RIGHT-OF-WAY
1. SOUTHWESTERLY 618.44 FEET ALONG SAID CURVE AND HIGHWAY
RIGHT-OF-WAY;
2. SOUTH 67°40'19" WEST, 1,117.45 TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,005.00
FEET, A CENTRAL ANGLE OF 46°20'24", AND A CHORD WHICH BEARS
SOUTH 44°30'06" WEST, 790.86 FEET;
3. SOUTHWESTERLY 812.83 FEET ALONG SAID CURVE TO THE
WESTERLY BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE
3 WEST, P.M.M.;

•

THENCE NORTH 01°44'41" EAST, 298.16 FEET ALONG SAID SECTION LINE TO
THE WESTERLY QUARTER CORNER OF SAID SECTION 36;

•

THENCE NORTH 01°20'19" EAST, 1,299.79 FEET ALONG SAID SECTION LINE;

•

THENCE SOUTH 88°44'09" EAST, 125.10 FEET;

•

THENCE NORTH 89°33'13" EAST, 105.47 FEET;

•

THENCE NORTH 46°03'54" EAST, 559.86 FEET;

•

THENCE NORTH 42°11'56" EAST, 213.35 FEET;

•

THENCE NORTH 47°48'04" WEST, 703.86 FEET;

•

THENCE NORTH 01°42'38" EAST, 9.93 FEET;

•

THENCE NORTH 88°39'41" WEST, 231.82 FEET TO THE WESTERLY BOUNDARY
OF SAID SECTION 36;
B-2

DRAFT 09/29/2026
•

THENCE NORTH 01°20'19" EAST, 296.62 FEET ALONG SAID WESTERLY
BOUNDARY TO THE SOUTHERLY BOUNDARY OF THAT TRACT DESCRIBED
IN QUIT CLAIM DEED DOCUMENT NO. 3254920;

•

THENCE SOUTH 88°30'32" EAST, 361.50 FEET ALONG SAID SOUTHERLY
BOUNDARY TO THE SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK
RIGHT-OF-WAY;

•

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID
MONTANA RAIL LINK RIGHT-OF-WAY;
1. SOUTH 47°48'04" EAST, 1,994.55 FEET;
2. NORTH 88°28'24" WEST, 76.72 FEET;
3. SOUTH 47°48'04" EAST, 314.34 FEET TO THE POINT OF BEGINNING;

CONTAINING 60.554 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

LEGAL DESCRIPTION: AREA B
AN AREA OF LAND LOCATED WITHIN SECTION 36, TOWNSHIP 10 NORTH, RANGE 3
WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY, MONTANA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-B PER CERTIFICATE OF
SURVEY (C.O.S.) NUMBER 3444893 ALSO BEING THE WESTERLY BOUNDARY OF
TRACT A2-D OF C.O.S. NO. 3369917;
•

THENCE SOUTH 16°34'39" WEST, 232.18 FEET ALONG SAID WESTERLY
BOUNDARY OF TRACT A2-D;

•

THENCE SOUTH 12°50'05" WEST, 472.53 FEET ALONG SAID WESTERLY
BOUNDARY OF TRACT A2-D TO A LINE 20 FEET NORTHERLY AND PARALLEL
WITH THE CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE
EASEMENT PER BOOK 175 OF DEEDS, PAGE 465;

•

THENCE NORTH 86°48'18" WEST, 113.13 FEET ALONG SAID PARALLEL LINE;
B-3

DRAFT 09/29/2026
•

THENCE NORTH 63°00'18" WEST, 3,481.51 FEET ALONG SAID PARALLEL LINE
AND BECOMING THE NORTHERLY BOUNDARY OF THAT 40 FOOT WIDE
YELLOWSTONE PIPE LINE EASEMENT DESCRIBED IN BOOK 176, PAGE 280
TO THE EASTERLY RIGHT-OF-WAY BOUNDARY OF HIGHWAY 282;

•

THENCE THROUGH THE FOLLOWING FOUR (4) COURSES ALONG SAID
RIGHT-OF-WAY;
1. NORTH 01°33'32" EAST, 401.23 FEET ALONG SAID RIGHT-OF-WAY TO
THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 905.00 FEET, A CENTRAL ANGLE OF 66°06'47", AND A
CHORD WHICH BEARS NORTH 34°36'55" EAST, 987.29 FEET;
2. NORTHEASTERLY 1,044.27 FEET ALONG SAID CURVE;
3. NORTH 67°40'19" EAST, 1,117.45 FEET TO THE BEGINNING OF A CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,196.00 FEET, A
CENTRAL ANGLE OF 31°44'50", AND A CHORD WHICH BEARS NORTH
51°47'54" EAST, 654.25 FEET;
4.

NORTHEASTERLY 662.70 FEET ALONG SAID CURVE TO THE
SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OFWAY;

•

THENCE SOUTH 47°47'32" EAST, 492.25 FEET ALONG SAID MONTANA RAIL
LINK RIGHT-OF-WAY TO THE NORTH MOST CORNER OF TRACT A2-E1-B OF
C.O.S. NO. 3444893;

•

THENCE THROUGH THE FOLLOWING EIGHT (8) COURSES ALONG SAID
TRACT BOUNDARY;
1. SOUTH 44°27'59" WEST, 1,104.10 FEET;
2. SOUTH 45°37'16" EAST, 176.08 FEET;
3. SOUTH 44°22'44" WEST, 167.22 FEET;
4. SOUTH 44°06'23" EAST, 830.77 FEET;
5. SOUTH 43°14'38" WEST, 505.23 FEET;
6. SOUTH 46°04'17" EAST, 779.89 FEET;
7. SOUTH 40°58'35" EAST, 148.70 FEET;
8. NORTH 87°33'19" EAST, 776.13 FEET TO THE POINT OF BEGINNING.

B-4

DRAFT 09/29/2026
CONTAINING 106.188 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

LEGAL DESCRIPTION: AREA C
AN AREA OF LAND LOCATED WITHIN THE SOUTH HALF OF SECTION 36,
TOWNSHIP 10 NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND
CLARK COUNTY, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-D PER C.O.S. NO.
3444893;
•

THENCE NORTH 01°43'46" EAST, 608.67 FEET ALONG THE EASTERLY
BOUNDARY OF SAID TRACT A2-E1-D;

•

THENCE NORTH 88°13'27" WEST, 683.73 FEET ALONG THE NORTHERLY
BOUNDARY OF SAID TRACT A2-E1-D AND CONTINUING ALONG THE
NORTHERLY BOUNDARY OF TRACT A OF C.O.S. NO. 3254917 TO THE
EASTERLY BOUNDARY OF THE HIGHWAY 282 RIGHT-OF-WAY;

•

THENCE THROUGH THE FOLLOWING FIVE (5) COURSES ALONG SAID RIGHTOF-WAY;
1. NORTH 01°33'32" EAST, 352.72 FEET;
2. NORTH 15°33'46" EAST, 82.00 FEET;
3. NORTH 01°33'32" EAST, 239.99 FEET;
4. NORTH 12°22'53" WEST, 82.36 FEET;
5. NORTH 01°33'32" EAST, 226.87 FEET TO THE SOUTHERLY BOUNDARY
OF A 40 FOOT WIDE YELLOWSTONE PIPE LINE EASEMENT AS
DESCRIBED IN BOOK 176, PAGE 280;

•

THENCE SOUTH 63°00'18" EAST, 3,470.91 FEET ALONG SAID SOUTHERLY
BOUNDARY AND BECOMING A LINE 20 FEET SOUTHERLY AND PARALLEL
WITH THE CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE
EASEMENT PER BOOK 175 OF DEEDS, PAGE 465;

B-5

DRAFT 09/29/2026
•

THENCE SOUTH 86°48'18" EAST, 114.76 FEET ALONG SAID PARALLEL LINE TO
THE WESTERLY BOUNDARY OF TRACT A2-D OF C.O.S. NO. 3369917;

•

THENCE SOUTH 12°50'05" WEST, 39.25 FEET ALONG SAID WESTERLY
BOUNDARY TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING
A RADIUS OF 175.24 FEET, A CENTRAL ANGLE OF 17°14'52", AND A CHORD
WHICH BEARS SOUTH 05°24'51" WEST, 52.55 FEET;

•

THENCE SOUTHWESTERLY 52.75 FEET ALONG SAID CURVE TO THE
SOUTHERLY BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3
WEST;

•

THENCE NORTH 88°33'39" WEST, 2,556.05 FEET ALONG SAID SECTION LINE
TO THE POINT OF BEGINNING.

CONTAINING 51.176 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

B-6

Cost
City Admin
BOI Program Fee
Reserve Requirement
Interim Interest
Bond Counsel & other COI
Financing contingency
UPZ tank design
Turn lane design
UPZ construction
Manlove lift station construction
Utility fees
Eng. & const. servs tank, turn lanes
Eng. & const. servs sewer improvements
Contingency tank
Contingency sewer improvements
Rounding
BAN principal payoff
Total:
24,047.00 $

1,964.00 $
3,050.00 $

29,061.00 $

$

$
$

$

Amer.Chemet

10,481.00 $

1,100.00 $

708.00 $

8,673.00 $

Power Townsend

$

C-1

442,580.00 $

$
366,216.00 $
$
$
29,914.00 $
$
46,450.00 $
$

City
$25,000

14,263,000.00

8,750,000.00
3,543,115.00
125,000.00
485,000.00
289,414.00
825,000.00
140,205.00
266.00
$

$
$
$
80,000.00 $

BAN

Off-Site Infrastructure Budget

EXHIBIT C

14,263,000.00
$17,570,000

548,780.00
1,546,264.00
1,115,016.00
50,000.00
46,940

Bond

$

$

$
$

$
$
$
$
$

$1,138,565 $

378,770.00 $
60,000.00 $
$
450,000.00 $
$
$
$
$
249,795.00 $
$

Habitat

19,190,687.00

Total
25,000.00
548,780.00
1,546,264.00
1,115,016.00
130,000.00
46,940
378,770.00
60,000.00
8,750,000.00
4,392,051.00
125,000.00
485,000.00
322,000.00
825,000.00
440,600.00
266.00

DRAFT 09/29/2026

DRAFT 09/29/2026
EXHIBIT D
Permitted Liens and Encumbrances

D-1

DRAFT 09/29/2026
EXHIBIT E
Form of Reserve Account Notice
TO:

Montana Board of Investments (“BOI”)
Valley Bank, Division of Glacier Bank (the “Bank”)

FROM:

City of East Helena, Montana (the “City”)

DATED:

[_____________]

This Reserve Account Notice is provided under Section 2.11 of the Master Development
Agreement, dated as of November [__], 2026, by and among the City, the Bank, BOI and
Eleanor Development Corporation (the “Master Development Agreement”) and Section 5 of the
Bond Guaranty Agreement, dated as of November [__], 2026, by and among the City, the Bank
and BOI (the “Bond Guaranty Agreement”). Capitalized terms used and not otherwise defined
herein have the meanings given those terms in the Master Development Agreement.
The City hereby provides notice that on [____________], $[__________] was transferred
from the Reserve Account to the Debt Service Account and [was/will be] applied to pay debt
service on the Bond on [_________].
[As of the date of this Reserve Account Notice, $[_________] remains on hand in the
Reserve Account.]
[As of the date of this Reserve Account Notice, the Reserve Account has been fully
depleted. Therefore, pursuant to Section 4.3 of the Master Development Agreement and Section
6 of the Bond Guaranty Agreement BOI is hereby notified of its obligation to purchase the Bond
from the Bank for the Bond Purchase Price on a date not more than 3 business days after the date
of this Reserve Account Notice.]
CITY OF EAST HELENA, MONTANA
____________________________________
Its:__________________________________

E-1

DRAFT 09/29/2026
EXHIBIT F
Term Sheet
Valley Bank, Division of Glacier Bank
Helena, Montana

TERM SHEET
Up to $17,570,000 Special Assessment Bond
(Montana Housing Infrastructure Bond Guarantee Program)
City of East Helena, Montana

Eleanor Development Corporation, a wholly owned subsidiary of Helena Area Habitat for
Humanity (the “Developer”), is planning the development of a major subdivision referred to as
“Rose Hills” on property the Developer owns (the “Property”) in the City of East Helena (the
“City”). The City has created a special improvement district with boundaries coterminous with
the Property (the “SID”) to finance the construction of certain off-site improvements, including a
water tank, water mains, a sewer lift station and sewer mains (collectively, the “Improvements”).
Following creation of the SID, the parties expect that the City will (i) issue a bond anticipation
note (the “BAN”) for a term of up to three years, the proceeds of which will be advanced over
time to pay the costs of construction of the Improvements and pay costs of issuance of the BAN,
and (ii) on or before the maturity of the BAN, so long as various conditions are satisfied, issue a
special assessment bond, payable from special assessments to be levied against the benefited
property in the SID (the “Bond”), to refund and redeem the BAN in full, to fund a deposit to the
Reserve Account and to pay costs of issuance of the Bond. The Improvements will form part of
the City’s water and sewer systems.
The Developer and the City have applied to the Montana Housing Infrastructure Bond
Guarantee Program (the “Program”) administered by the Montana Board of Investments (“BOI”)
to secure the Bond in lieu of a pledge of the City’s revolving fund. BOI has approved securing
the Bond through the Program, and BOI will purchase the BAN. This term sheet assumes that
the BAN is issued and delivered on November [__], 2026.
This term sheet is intended to provide a summary of certain basic terms of the proposed
Bond and the security therefor, and is not intended to be exhaustive.
Issuer:

City of East Helena, Montana

Purchaser:

Valley Bank, Division of Glacier Bank (the “Bank”)

F-1

DRAFT 09/29/2026
Issue:

Special Improvement District No. 1 Bond
(Montana Housing Infrastructure Bond Guarantee Program)
City of East Helena, Montana

Use of Proceeds:

Proceeds of the Bond will be used to (i) pay and redeem all thenoutstanding principal of and interest on the BAN; (ii) fund a deposit to
the Reserve Account; and (iii) pay costs of issuance of the Bond.

Principal Amount:

Up to $17,570,000

Interest Rate:

The then-applicable interest rate on a U.S. 10-year Treasury Note, on a
date selected by the City not more than 30 days prior to the date of
issuance of the Bond, plus 115 basis points

Date of Issuance:

On or before the maturity date of the BAN, with such maturity date
being three years from the date of issuance of the BAN, or November
[__], 2029

Term:

Principal of and interest on the Bond will amortize over a term of
roughly 20 years, with a final maturity expected to be July 1, 2049.

Payment Dates:

Subject to mandatory and optional redemption as set forth below, the
Bond will be payable in 40 substantially equal payments of principal
and interest on each January 1 and July 1 during the term of the Bond,
with the first semiannual payment of principal and interest expected to
be January 1, 2030.

Security:

The Bond will be payable from special assessments levied against all
of the developable property within the SID, in accordance with the
petition and resolution creating the SID and the BAN Resolution.
Special assessments run with the land, are due and payable at the same
time as property taxes, and delinquent special assessments are
collected in the same or similar manner as delinquent taxes. The City
will not pledge its revolving fund to the repayment of the Bond.
As property owners pay (or prepay) their special assessments, the City
will deposit those funds as received in the Debt Service Account for
the Bond. Funds on hand in the Debt Service Account can be used
only to pay debt service on the Bond or to prepay the Bond.

Reserve Account

The Reserve Account will be funded from Bond proceeds in an
amount equal to the least of (i) 10% of the principal amount of the
Bond, (ii) maximum annual debt service on the Bond, or (iii) 125% of
the average annual debt service on the Bond. The City will not pledge
its revolving fund to the repayment of the Bond.

F-2

DRAFT 09/29/2026
The Reserve Account will be held by the City and funds on hand in
the Reserve Account will be used to pay debt service on the Bond in
the event that amounts on hand in the Debt Service Account are not
sufficient to pay debt service. Each time funds in the Reserve
Account are drawn to pay debt service on the Bond, the City will
notify BOI and the Bank in writing. The City will have no obligation
to replenish the Reserve Account if advances are made from the
Reserve Account to pay debt service on the Bond.
BOI Program:

The Bond will be further secured under the Program, pursuant to
which BOI will covenant and pledge to purchase the Bond from the
Bank, at a price of the total then-outstanding principal amount of the
Bond plus interest accrued thereon to the date of purchase (the “Bond
Purchase Price”), if and when all funds in the Reserve Account have
been drawn to pay debt service on the Bond. BOI will covenant and
pledge to purchase the Bond at the Bond Purchase Price within three
(3) business days after the dated date of the notice from the City to the
BOI and the Bank that the Reserve Account has been fully depleted.
The obligations of BOI will be set forth in the BAN resolution, Bond
resolution, the Bond, the Bond Guaranty Agreement, the Master
Development Agreement and such other documents as may be
appropriate.

Mandatory and
Optional
Redemption:

The Bond is subject to mandatory redemption in accordance with
State law. The Bond is also subject to optional redemption by the
City, in whole or in part, at any time and from time to time, without
penalty or premium, at a price equal to the principal amount redeemed
together with interest on such amount to the date of redemption.
Following each prepayment, the Bank agrees to run and provide a
revised amortization schedule over the remaining term of the Bond
reflecting such prepayment and such schedule will be attached to the
Bond.

Transferability:

Other than pursuant to the Bond Guaranty Agreement, the Bond is
subject to transfer by the Bank only with the prior written consent of
the City and BOI and only in whole. If the Bond is purchased by BOI
pursuant to the Bond Guaranty Agreement, the Bond is not
transferable.

Refunding
Obligation:

The Bond may be refunded only with the prior written consent of
BOI, as determined in the sole discretion of BOI.

Tax Treatment:

In the opinion of Dorsey & Whitney LLP or, if different, the thencurrent bond counsel to the City (“Bond Counsel”), based solely on
the limited information set forth in this term sheet, and recognizing it
is too early to conduct meaningful tax due diligence, and assuming (a)
that existing law is in effect on the date of issuance of the Bond and
F-3

DRAFT 09/29/2026
(b) the accuracy of certain representations and compliance with
certain covenants that will be made contemporaneously with the
issuance of the Bond, interest on the Bond (i) would be expected to be
excluded from gross income for federal income tax purposes under
Section 103 of the Internal Revenue Code of 1986 (the “Code”), (ii)
would be expected not to be an item of tax preference for purposes of
the federal alternative minimum tax imposed on noncorporate
taxpayers by Section 55 of the Code, and (iii) would be expected to be
excluded from Montana taxable income for State of Montana
individual income tax purposes. Bond Counsel will need to conduct
tax due diligence in connection with the issuance of the Bond,
expected to be in July 2029. No assurance can be provided that the
opinions described above can be given. Under existing federal law,
the Bond is not a “qualified tax-exempt obligation” within the
meaning of Section 265(b)(3) of the Code.
Opinions of Counsel:

On the date of issuance of the Bond, Bond Counsel will be called
upon to provide an opinion of bond counsel regarding the due
authorization and validity of the Bond and the then-applicable tax
treatment of the Bond.

Additional Terms and
Conditions:

At the time of issuance of the BAN, the City, the Developer, BOI, and
the Bank will enter into a Master Development Agreement and the
City, BOI, and the Bank will enter into a Bond Guaranty Agreement
setting forth the rights and obligations of each party thereto.
Additional terms and conditions applicable to the Bond will be set
forth in the Master Development Agreement, the Bond Guaranty
Agreement, the BAN resolution, the Bond resolution and the forms of
the BAN and the Bond and associated documents.

Dated: November [__], 2026
VALLEY BANK, DIVISION OF GLACIER
BANK

_________________________________(signature)
_____________________________________(title)

F-4

ANNEX D
FORM OF BOND GUARANTY AGREEMENT

D-1

DRAFT 09/29/2026

BOND GUARANTY AGREEMENT
This BOND GUARANTY AGREEMENT (this “Agreement”) is made as of this _____
day of November, 2026 by and among the Montana Board of Investments (the “BOI”), the City
of East Helena, Montana (the “City”), and Valley Bank, Division of Glacier Bank (the “Bank”).
RECITALS:
WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapter 12, Parts
41 and 42, as amended (the “SID Act”), the City is authorized to create special improvement
districts whenever the public interest or convenience may require, to finance the costs of public
infrastructure conferring a special benefit on property within the special improvement district;
and
WHEREAS, the SID Act further authorizes the City to create a special improvement
district without a public hearing or notice and protest process upon the receipt of a petition to
create a special improvement district that contains the consent of all of the owners of property to
be included in the district; and
WHEREAS, Eleanor Development Corporation, a Montana nonprofit corporation (the
“Developer”), is planning the development of a major subdivision on property the Developer
owns in the City, a map of which is set forth on Exhibit A and the legal description of which is
set forth on Exhibit B (the “Property”). The Developer anticipates developing the Property in
phases, with each phase undergoing a separate subdivision process before final plat for each
phase is approved. The initial phase of development of the Property is known as “Phase 1,” and
each phase of development of the Property is referred to herein as a “Phase;” and
WHEREAS, the Property requires the construction and installation of significant off-site
infrastructure to be developable, including the design, engineering, construction and installation
of water improvements consisting of a new elevated 600,000-gallon composite water tank
(alternate tank capacities will be evaluated during the design phase), foundation, site
improvements, piping, valving, electrical systems, controls integration, and SCADA
coordination; and sewer improvements consisting of a new wastewater lift station, force main,
and associated gravity sewer main to convey wastewater generated south of Highway 12 to the
wastewater treatment facility located north of Highway 12, together with the replacement of five
blocks of existing gravity sewer main along Clark Street from 8-inch to 10-inch diameter pipe to
accommodate anticipated capacity demands (collectively, the “Off-Site Infrastructure”); and
WHEREAS, approval of the final plat for each Phase requires the construction and
installation of on-site infrastructure, which includes streets, sidewalks, curbs, gutters, water and
sewer mains (including extensions of mains and other improvements necessary or appropriate to
connect to the Off-Site Improvements), stormwater improvements, street lights, dry utilities, and
related improvements (collectively, the “On-Site Improvements”); and
WHEREAS, the development of the Property as a major subdivision is expected to
include a variety of residential housing types, including multifamily apartment buildings,

cottages, townhomes and medium and large single-family homes, at a range of price points
ranging from affordable to market-rate; parks, trails; and other amenities; a town center;
commercial property; and related improvements (collectively, the “Project”); and
WHEREAS, pursuant to House Bill 819 enacted by the 2023 Montana state legislature,
codified at Title 17, Chapter 6, Part 8, Montana Code Annotated, the legislature created the
Montana Housing Infrastructure Revolving Loan Fund, administered by the BOI, to increase
home ownership and provide more long-term rental opportunity; to increase housing supply and
offer diverse housing types to meet the needs of population; and to create partnerships between
the state, local governments, private sector developers, and applicants for residential
development to finance necessary infrastructure for housing; and
WHEREAS, pursuant to House Bill 505 enacted by the 2025 Montana state legislature,
codified in part at Section 17-6-805(5), Montana Code Annotated, the BOI is authorized to use
funds in the Montana Housing Infrastructure Revolving Loan Fund to secure any portion of
bonds in lieu of a pledge of the issuer’s revolving fund; and
WHEREAS, pursuant to such authorization, the BOI has developed its Montana Housing
Infrastructure Bond Guarantee Program (the “Program”) to secure special assessment bonds
issued to finance infrastructure supporting the development of qualifying residential housing;
and
WHEREAS, the City and the Developer have applied to the BOI to further secure the
Bond (as hereinafter defined) through the Program; and
WHEREAS, at a meeting duly held on October 21, 2026, BOI approved the guaranty of
the Bond through the Program, subject to the terms and conditions of the Master Development
Agreement (as hereinafter defined) and this Agreement; and
WHEREAS, the City received a petition from the Developer, as owner of all of the
Property, to create a special improvement district with boundaries coterminous with the Property
to finance the Off-Site Infrastructure and incidental costs (the “Petition”); and
WHEREAS, having received the commitment of BOI to guaranty the Bond through the
Program and pursuant to the Petition, the City adopted on November 3, 2026, Resolution No.
_________, creating SID No. 1 of the City (the “District”) and authorizing the City to levy
special assessments; and
WHEREAS, the City has sold and issued the Note (as hereinafter defined) to the BOI on
the date hereof, and the City will use proceeds of the Note advanced over time to finance design,
engineering, construction and installation of the Off-Site Infrastructure on an interim basis and to
pay costs of issuance of the Note. On or before the maturity of the Note, subject to satisfaction
of certain terms and conditions, the City will sell and issue the Bond (as hereinafter defined) to
the Bank; use proceeds of the Bond to pay in full and redeem the principal of and interest on the
Note, to fund the Reserve Account (as hereinafter described), and to pay costs of issuance of the
Bond; and the Bond will be secured under the Program; and

2

WHEREAS, the parties hereto and the Developer have entered into simultaneously
herewith a Master Development Agreement which sets forth the obligations and commitments of
the parties thereto with respect to the Project, the Property, the District, the Off-Site
Infrastructure, the On-Site Infrastructure, the Note, the Bond, and other matters (the “Master
Development Agreement”); and
WHEREAS, the parties desire to enter into this Agreement to set forth and confirm the
terms and conditions of the security conferred upon the Note and the Bond under the Program
and the rights and obligations of the parties to this Agreement with respect thereto.
NOW THEREFORE, the BOI, the City, and the Bank, in reliance on the recitals above
and the obligations and benefits described below, and for good and valuable consideration, agree
as follows:
1. Nature of Project. The Project is a major bare land subdivision expected to result in
hundreds of lots, tracts, and parcels. Among other things, the Off-Site Infrastructure and certain
On-Site Infrastructure are required to be constructed and installed in order that a plat for Phase 1
may be considered for approval by the City. If a plat for a Phase is approved and filed and all
other requirements applicable to a Phase are satisfied, lots, tracts, and parcels within such Phase
may be created and sold. The Property is owned by one owner, the Developer, and the
Developer is responsible for, at its expense, designing, engineering, constructing, installing, and
implementing the Project. The parties acknowledge and agree that in view of the concentration
of ownership of the Property and of the responsibility for the development and expense of the
Project, the City may not reasonably pledge its special improvement district revolving fund to
the repayment of the Bond, in part, because the City Council cannot reasonably make the
findings set out in Section 7-12-4225 of the SID Act.
2. The Program. The BOI, based on applications to the BOI submitted by the Developer
and the City and its review of the Project, has determined that the Off-Site Infrastructure satisfies
the eligibility requirements for funding from the Montana Housing Infrastructure Revolving
Loan Fund and that, under the Program, funds in the Montana Housing Infrastructure Revolving
Loan Fund are available to secure the Bond in lieu of a pledge of the City’s special improvement
district revolving fund. The proceeds of the Bond will be used primarily to pay and redeem the
Note, the proceeds of which paid or reimbursed costs of the Off-Site Infrastructure, which
infrastructure is a necessary condition to developing the Project.
3. Available Funds. The BOI pledges and covenants to the City and the Bank that it will
continue to ensure that funds are available in the Montana Housing Infrastructure Revolving
Loan Fund in an amount not less than the Bond Purchase Price (as defined below) until the date
the Bond is paid in full and discharged or such earlier date on which the BOI purchases the thenoutstanding Bond in accordance with Section 6 below.
4. Note and Bond. The City’s Special Improvement District No. 1 Bond Anticipation
Note, Taxable Series 2026, in the maximum principal amount of $14,263,000 (the “Note”) is
issued by the City on the date hereof and is purchased and held by the BOI. Proceeds of the
Note will be advanced by the BOI to the City to, among other things, pay or reimburse costs of
the Off-Site Infrastructure. The Note bears interest at 3.87% per annum and is due and payable

3

on or before the date that is the third anniversary of the date of issuance of the Note (the “Note
Maturity Date”). The Note is issued pursuant to Resolution No. __, adopted by the City Council
on November 3, 2026, authorizing the issuance and fixing the terms of and conditions to the
issuance of the Note (the “Note Resolution”). The sole security and the source of funds for the
repayment of the Note is the City’s Special Improvement District No. 1 Bond (Montana Housing
Infrastructure Bond Guarantee Program), to be sold to the Bank and secured under the Program
by the BOI, in the maximum principal amount of $17,570,000 (the “Bond”). The Bond will be
issued pursuant to the Note Resolution and a bond resolution of the City fixing the terms of and
conditions to the issuance of the Bond (the “Bond Resolution”). The Bond is defined as the
“Definitive Bond” in the Note Resolution. The term “Bond” shall also mean any refunding bond
that refunds the Bond, but only if the BOI has consented in writing to the refunding. The Bank,
based on terms and conditions set forth in a Term Sheet attached to the Master Development
Agreement, including the security conferred on the Bond under the Program, has committed to
purchase the Bond at a price of up to $17,570,000 to pay or fund (i) the amount required to
redeem the Note by paying all then-outstanding principal of the Note and interest accrued
thereon through the date of issuance of the Bond, (ii) an amount necessary to fund the Reserve
Account to the Reserve Requirement (each capitalized term as defined in the Note Resolution
and as to be defined in the Bond Resolution), and (iii) and an amount necessary to pay costs of
issuance of the Bond, to include a fee charged by the BOI for securing the Bond under the
Program. The BOI may transfer the Note only with the prior written consent of the City. Except
if BOI is required to purchase the Bond as set forth in Section 6 below, the Bond may be
transferred by the Bank only with the prior written consent of the City and BOI and only in
whole and not in part, and if BOI acquires the Bond for the Bond Purchase Price pursuant to
Section 6, the Bond is not transferrable.
5. Reserve Account. As set forth in the Note Resolution and the Bond Resolution, debt
service payments on the Bond will be made from amounts received by the City from the levy of
special assessments deposited into the debt service account. The Bond will be secured by the
Reserve Account. The amount required to be deposited in the Reserve Account at the time of
issuance of the Bond, also known as the “Reserve Requirement,” will be a dollar amount set
forth in the Bond Resolution. If special assessments pledged to the repayment of the Bond are
not paid timely or in an adequate amount such that sufficient amounts are not on hand in the debt
service account to pay the Bond timely, the City will be required to transfer amounts from the
Reserve Account to the debt service account in an amount sufficient to pay timely principal of
and interest on the Bond. If such a transfer is made from the Reserve Account to the debt service
account, the City is required, within five (5) business days after the amounts were transferred, to
provide notice to the Bank and the BOI of such transfer substantially in the form of the Reserve
Account Notice attached hereto as Exhibit C. The City shall have no obligation to replenish
amounts in the Reserve Account.
6. Nature of Security Under the Program. The BOI hereby covenants and pledges to the
City, the Bank, and any subsequent permitted holder of the Bond to purchase the Bond from the
Bank (or subsequent permitted Bond holder) if the Reserve Account is fully depleted. Within
three (3) business days after the date of the final Reserve Account Notice provided by the City to
the Bank and the BOI stating that amounts in the Reserve Account are fully depleted, the BOI,
without any further action by the governing body of the BOI, shall purchase the Bond from the
Bank (or any subsequent permitted holder of the Bond) at a price of the then-outstanding total
4

principal amount of the Bond, plus accrued interest on the outstanding principal amount of the
Bond through the date of purchase, without premium (the “Bond Purchase Price”). The
obligation of the BOI to purchase the Bond as provided in this Section is unconditional and
irrevocable. The BOI covenants and pledges to the City, the Bank, and any subsequent permitted
holder of the Bond that the BOI will continue to have available in the Montana Housing
Infrastructure Revolving Loan Fund a dollar amount sufficient to purchase timely the Bond at the
Bond Purchase Price. The BOI acknowledges and agrees that if it purchases the Bond at the
Bond Purchase Price as required by this Section, the sole security for the repayment of the Bond
held by the BOI is special assessments levied by the City in accordance with the Bond
Resolution and the Bond will not be secured by or payable from any other source.
7. Marketability of Bond. The Bank acknowledges and agrees it would not commit to
purchase the Bond in the absence of the obligation of the BOI to purchase the Bond at the Bond
Purchase Price as set forth above and the parties acknowledge and agree such obligation is
critical to the marketability of the Bond. The parties acknowledge and agree this Agreement
may be attached or appended to or incorporated into the Note Resolution, Bond Resolution,
Note, Bond, and/or other Note or Bond documents.
8. Updates to This Agreement. The Bond may be issued on a date that is up to three
years after the date of this Agreement. The BOI, the City, and the Bank acknowledge and agree
that to better reflect conditions and circumstances existing as of or shortly before the date of
issuance of the Bond, the City, as issuer and as a condition to issuing the Bond, and the Bank, as
purchaser and as a condition to purchasing the Bond, may supplement, amend, or supersede this
Agreement to better reflect conditions and circumstances existing prior to the date of issuance of
the Bond and the parties shall enter into such supplemented, amended, or superseded Agreement;
provided, however, the obligations of the BOI under Sections 3 and 6 above shall not be
modified in a manner that adversely affects the security conferred upon the Bond under the
Program and the City shall continue to have no obligation to pledge its special improvement
district revolving fund to the Bond or to replenish the Reserve Account. While the parties expect
this Agreement may well be supplemented, amended, or superseded pursuant to this Section, this
Agreement, as unmodified, shall remain in full force and effect until so supplemented, amended,
or superseded. All references in the Note Resolution, Bond Resolution, the Note, the Bond, the
Master Development Agreement or other Note or Bond documents to this Agreement shall mean
this Agreement as currently existing for so long as it remains unmodified or, upon modification,
this Agreement as subsequently supplemented, amended, or superseded.
9. General Provisions.
9.1 Term. This Agreement shall remain in full force and effect until the Bond is paid in
full and discharged.
9.2 Remedies. The parties may take whatever action at law or in equity as may be
necessary or appropriate to enforce performance or observance of any covenant, condition,
obligation or agreement under this Agreement, including, without limitation, injunctive relief and
specific performance. The rights and remedies of the parties under this Agreement, whether
provided by law or in equity or by this Agreement, shall be cumulative, and the exercise by any
party hereto of any one or more of such remedies shall not preclude the exercise by such party, at
5

the same or different times, of any other remedy for the same default or breach or of any of its
remedies for any other default or breach. No waiver made by such party with respect to the
performance or the manner or time thereof, or any obligation under this Agreement, shall be
considered a waiver with respect to the particular obligation of the other party or parties or a
condition to its own obligation beyond those expressly waived in writing and to the extent
thereof, or a waiver of any obligations of the other party. Delay by a party hereto instituting or
prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights
hereunder.
9.3 Assignment. No party to this Agreement may assign any rights or privileges or
delegate any duties or obligations under this Agreement without the prior written consent of all
other parties hereto.
9.4 Amendments. This Agreement may be amended or modified only in writing
authorized and signed by all parties hereto.
9.5 Severability. If any part of this Agreement is hereafter held to be void, illegal or
unenforceable, the validity of the remaining portion or provisions will not be affected thereby.
9.6 Notices. Notices hereunder shall be in writing and shall be delivered either (i) by
personal hand delivery, (ii) by depositing the same in the United States mail, certified mail with
return receipt requested, (iii) by depositing the same with a nationally recognized overnight
delivery service, or (iv) by email. Notice will be deemed complete upon receipt of the notice.
Each party’s address for notice purposes is set forth below, provided that any party may change
its notice address with notice to the other parties.
To the City:
City of East Helena
306 E. Main Street
East Helena, MT 59635
Email: [email protected]
To the BOI:
Montana Board of Investments
2401 Colonial Drive, 3rd Floor
PO Box 200126
Helena, MT 59620-0126
Email: [email protected]
To the Bank:
Valley Bank, Division of Glacier Bank
3030 North Montana Ave.
Helena, MT 59601
Email: [email protected]

6

9.7 Governing Law. This Agreement will be governed by and construed and enforced in
accordance with the laws of the State of Montana, without giving effect to any choice of law
statutes, rules or principles.
9.8 Counterparts. This Agreement may be signed in any number of counterparts, all of
which, when taken together, shall constitute one and the same Agreement.
9.9 Conflicts. If any provision of this Agreement conflicts with any provision of the
Master Development Agreement, the provision of this Agreement shall control and prevail in all
instances.

7

IN WITNESS WHEREOF, the BOI, the City, and the Bank have executed this
Agreement effective as of the date first set forth above.
BOI:

MONTANA BOARD OF INVESTMENTS
By _________________________________
Its__________________________________

8

CITY:

CITY OF EAST HELENA, MONTANA
By _________________________________
Its__________________________________

9

BANK:

VALLEY BANK, DIVISION OF
GLACIER BANK
By _________________________________
Its__________________________________

10

EXHIBIT A
Map of Property

A-1

EXHIBIT B
Legal Description of Property

B-1

LEGAL DESCRIPTION: AREA A
AN AREA OF LAND LOCATED WITHIN THE WEST HALF OF SECTION 36, TOWNSHIP
10 NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK
COUNTY, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF THE
MONTANA RAIL LINK WITH THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 282
BEING A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,096.00
FEET, A CENTRAL ANGLE OF 32°19'49", AND A CHORD WHICH BEARS SOUTH
51°30'24" WEST, 610.27 FEET;
•

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID
HIGHWAY RIGHT-OF-WAY
1. SOUTHWESTERLY 618.44 FEET ALONG SAID CURVE AND HIGHWAY
RIGHT-OF-WAY;
2. SOUTH 67°40'19" WEST, 1,117.45 TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,005.00
FEET, A CENTRAL ANGLE OF 46°20'24", AND A CHORD WHICH BEARS
SOUTH 44°30'06" WEST, 790.86 FEET;
3. SOUTHWESTERLY 812.83 FEET ALONG SAID CURVE TO THE
WESTERLY BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH,
RANGE 3 WEST, P.M.M.;

•

THENCE NORTH 01°44'41" EAST, 298.16 FEET ALONG SAID SECTION LINE TO
THE WESTERLY QUARTER CORNER OF SAID SECTION 36;

•

THENCE NORTH 01°20'19" EAST, 1,299.79 FEET ALONG SAID SECTION LINE;

•

THENCE SOUTH 88°44'09" EAST, 125.10 FEET;

•

THENCE NORTH 89°33'13" EAST, 105.47 FEET;

•

THENCE NORTH 46°03'54" EAST, 559.86 FEET;

•

THENCE NORTH 42°11'56" EAST, 213.35 FEET;

•

THENCE NORTH 47°48'04" WEST, 703.86 FEET;

•

THENCE NORTH 01°42'38" EAST, 9.93 FEET;

•

THENCE NORTH 88°39'41" WEST, 231.82 FEET TO THE WESTERLY
BOUNDARY OF SAID SECTION 36;
B-2

•

THENCE NORTH 01°20'19" EAST, 296.62 FEET ALONG SAID WESTERLY
BOUNDARY TO THE SOUTHERLY BOUNDARY OF THAT TRACT DESCRIBED
IN QUIT CLAIM DEED DOCUMENT NO. 3254920;

•

THENCE SOUTH 88°30'32" EAST, 361.50 FEET ALONG SAID SOUTHERLY
BOUNDARY TO THE SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK
RIGHT-OF-WAY;

•

THENCE THROUGH THE FOLLOWING THREE (3) COURSES ALONG SAID
MONTANA RAIL LINK RIGHT-OF-WAY;
1. SOUTH 47°48'04" EAST, 1,994.55 FEET;
2. NORTH 88°28'24" WEST, 76.72 FEET;
3. SOUTH 47°48'04" EAST, 314.34 FEET TO THE POINT OF BEGINNING;

CONTAINING 60.554 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

LEGAL DESCRIPTION: AREA B
AN AREA OF LAND LOCATED WITHIN SECTION 36, TOWNSHIP 10 NORTH, RANGE 3
WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND CLARK COUNTY, MONTANA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-B PER CERTIFICATE OF
SURVEY (C.O.S.) NUMBER 3444893 ALSO BEING THE WESTERLY BOUNDARY OF
TRACT A2-D OF C.O.S. NO. 3369917;
•

THENCE SOUTH 16°34'39" WEST, 232.18 FEET ALONG SAID WESTERLY
BOUNDARY OF TRACT A2-D;

•

THENCE SOUTH 12°50'05" WEST, 472.53 FEET ALONG SAID WESTERLY
BOUNDARY OF TRACT A2-D TO A LINE 20 FEET NORTHERLY AND
PARALLEL WITH THE CENTERLINE OF AN EXISTING YELLOWSTONE PIPE
LINE EASEMENT PER BOOK 175 OF DEEDS, PAGE 465;

•

THENCE NORTH 86°48'18" WEST, 113.13 FEET ALONG SAID PARALLEL LINE;

B-3

•

THENCE NORTH 63°00'18" WEST, 3,481.51 FEET ALONG SAID PARALLEL LINE
AND BECOMING THE NORTHERLY BOUNDARY OF THAT 40 FOOT WIDE
YELLOWSTONE PIPE LINE EASEMENT DESCRIBED IN BOOK 176, PAGE 280
TO THE EASTERLY RIGHT-OF-WAY BOUNDARY OF HIGHWAY 282;

•

THENCE THROUGH THE FOLLOWING FOUR (4) COURSES ALONG SAID
RIGHT-OF-WAY;
1. NORTH 01°33'32" EAST, 401.23 FEET ALONG SAID RIGHT-OF-WAY TO
THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING
A RADIUS OF 905.00 FEET, A CENTRAL ANGLE OF 66°06'47", AND A
CHORD WHICH BEARS NORTH 34°36'55" EAST, 987.29 FEET;
2. NORTHEASTERLY 1,044.27 FEET ALONG SAID CURVE;
3. NORTH 67°40'19" EAST, 1,117.45 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,196.00
FEET, A CENTRAL ANGLE OF 31°44'50", AND A CHORD WHICH BEARS
NORTH 51°47'54" EAST, 654.25 FEET;
4.

NORTHEASTERLY 662.70 FEET ALONG SAID CURVE TO THE
SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OFWAY;

•

THENCE SOUTH 47°47'32" EAST, 492.25 FEET ALONG SAID MONTANA RAIL
LINK RIGHT-OF-WAY TO THE NORTH MOST CORNER OF TRACT A2-E1-B OF
C.O.S. NO. 3444893;

•

THENCE THROUGH THE FOLLOWING EIGHT (8) COURSES ALONG SAID
TRACT BOUNDARY;
1. SOUTH 44°27'59" WEST, 1,104.10 FEET;
2. SOUTH 45°37'16" EAST, 176.08 FEET;
3. SOUTH 44°22'44" WEST, 167.22 FEET;
4. SOUTH 44°06'23" EAST, 830.77 FEET;
5. SOUTH 43°14'38" WEST, 505.23 FEET;
6. SOUTH 46°04'17" EAST, 779.89 FEET;
7. SOUTH 40°58'35" EAST, 148.70 FEET;
8. NORTH 87°33'19" EAST, 776.13 FEET TO THE POINT OF BEGINNING.

B-4

CONTAINING 106.188 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

LEGAL DESCRIPTION: AREA C
AN AREA OF LAND LOCATED WITHIN THE SOUTH HALF OF SECTION 36,
TOWNSHIP 10 NORTH, RANGE 3 WEST, P.M.M., CITY OF EAST HELENA, LEWIS AND
CLARK COUNTY, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT A2-E1-D PER C.O.S. NO.
3444893;
•

THENCE NORTH 01°43'46" EAST, 608.67 FEET ALONG THE EASTERLY
BOUNDARY OF SAID TRACT A2-E1-D;

•

THENCE NORTH 88°13'27" WEST, 683.73 FEET ALONG THE NORTHERLY
BOUNDARY OF SAID TRACT A2-E1-D AND CONTINUING ALONG THE
NORTHERLY BOUNDARY OF TRACT A OF C.O.S. NO. 3254917 TO THE
EASTERLY BOUNDARY OF THE HIGHWAY 282 RIGHT-OF-WAY;

•

THENCE THROUGH THE FOLLOWING FIVE (5) COURSES ALONG SAID
RIGHT-OF-WAY;
1. NORTH 01°33'32" EAST, 352.72 FEET;
2. NORTH 15°33'46" EAST, 82.00 FEET;
3. NORTH 01°33'32" EAST, 239.99 FEET;
4. NORTH 12°22'53" WEST, 82.36 FEET;
5. NORTH 01°33'32" EAST, 226.87 FEET TO THE SOUTHERLY BOUNDARY
OF A 40 FOOT WIDE YELLOWSTONE PIPE LINE EASEMENT AS
DESCRIBED IN BOOK 176, PAGE 280;

•

THENCE SOUTH 63°00'18" EAST, 3,470.91 FEET ALONG SAID SOUTHERLY
BOUNDARY AND BECOMING A LINE 20 FEET SOUTHERLY AND PARALLEL
WITH THE CENTERLINE OF AN EXISTING YELLOWSTONE PIPE LINE
EASEMENT PER BOOK 175 OF DEEDS, PAGE 465;

B-5

•

THENCE SOUTH 86°48'18" EAST, 114.76 FEET ALONG SAID PARALLEL LINE
TO THE WESTERLY BOUNDARY OF TRACT A2-D OF C.O.S. NO. 3369917;

•

THENCE SOUTH 12°50'05" WEST, 39.25 FEET ALONG SAID WESTERLY
BOUNDARY TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY,
HAVING A RADIUS OF 175.24 FEET, A CENTRAL ANGLE OF 17°14'52", AND A
CHORD WHICH BEARS SOUTH 05°24'51" WEST, 52.55 FEET;

•

THENCE SOUTHWESTERLY 52.75 FEET ALONG SAID CURVE TO THE
SOUTHERLY BOUNDARY OF SECTION 36, TOWNSHIP 10 NORTH, RANGE 3
WEST;

•

THENCE NORTH 88°33'39" WEST, 2,556.05 FEET ALONG SAID SECTION LINE
TO THE POINT OF BEGINNING.

CONTAINING 51.176 ACRES, MORE OR LESS, ALONG WITH AND SUBJECT TO ALL
EASEMENTS.

B-6

EXHIBIT C
Form of Reserve Account Notice
TO:

Montana Board of Investments (“BOI”)
Valley Bank, Division of Glacier Bank (the “Bank”)

FROM:

City of East Helena, Montana (the “City”)

DATED:

[_____________]

This Reserve Account Notice is provided under Section 2.11 of the Master Development
Agreement, dated as of November [__], 2026, by and among the City, the Bank, BOI and
Eleanor Development Corporation (the “Master Development Agreement”) and Section 5 of the
Bond Guaranty Agreement, dated as of November [__], 2026, by and among the City, the Bank
and BOI (the “Bond Guaranty Agreement”). Capitalized terms used and not otherwise defined
herein have the meanings given those terms in the Master Development Agreement.
The City hereby provides notice that on [____________], $[__________] was transferred
from the Reserve Account to the Debt Service Account and [was/will be] applied to pay debt
service on the Bond on [_________].
[As of the date of this Reserve Account Notice, $[_________] remains on hand in the
Reserve Account.]
[As of the date of this Reserve Account Notice, the Reserve Account has been fully
depleted. Therefore, pursuant to Section 4.3 of the Master Development Agreement and Section
6 of the Bond Guaranty Agreement BOI is hereby notified of its obligation to purchase the Bond
from the Bank for the Bond Purchase Price on a date not more than 3 business days after the date
of this Reserve Account Notice.]
CITY OF EAST HELENA, MONTANA
____________________________________
Its:__________________________________

C-1

ANNEX E
FORM OF CONNECTION FEE AGREEMENT

E-1

DRAFT 09/29/2026
CONNECTION FEE AGREEMENT
This Connection Fee Agreement (this “Agreement”) is dated as of November [__], 2026 1,
by and between the City of East Helena, Montana (the “City”) and the Montana Board of
Investments (“BOI”).
RECITALS
WHEREAS, the City and BOI are parties to that certain Master Development Agreement
(the “Master Development Agreement”), dated as of the date of this Agreement, by and among
the City, BOI, Eleanor Development Corporation (the “Developer”) and Valley Bank, Division of
Glacier Bank (the “Bank”). By this reference, the recitals in the Master Development Agreement
are incorporated in this Agreement as if fully set forth herein. Defined terms used and not
defined in this Agreement have the meanings given those terms in the Master Development
Agreement; and
WHEREAS, the Bond would not be marketable without the security provided by the
Program, and financing the Off-Site Infrastructure through the Note and the Bond provides a
significant benefit to the Project; and
WHEREAS, the Program is authorized under State law solely for the purpose of
financing infrastructure serving residential development, and that the Program has certain
affordability requirements as set forth in the Policies; and
WHEREAS, the Developer has made certain covenants in the Master Development
Agreement and in the EDC/Habitat Agreement to ensure that the Project complies with the
affordability requirements under the Program, and has agreed to prepay or cause other purchasers
of the Property to prepay special assessments in connection with nonresidential uses of the
Property; and
WHEREAS, the parties acknowledge and agree that although the Off-Site Infrastructure
is designed and sized to serve the Project and other properties located in the City, other users
may connect to the Off-Site Infrastructure; and
WHEREAS, the parties desire to ensure that any connections to the Off-Site
Infrastructure outside of the Project or other properties in the City that will be served by the OffSite Infrastructure upon completion thereof pay a fair share for the benefit provided by the OffSite Infrastructure and do not cause the subsidy provided by the Program to extend to users that
do not satisfy the eligibility requirements of the Program.
WHEREAS, the connection fee described below does not apply to the new facility being
developed by American Chemet (but would apply with respect to American Chemet’s existing

1

Date of BAN closing

facilities), Power Townsend, properties in Moontown or properties that are connected to the OffSite Infrastructure at the time of completion of such infrastructure.
NOW, THEREFORE, the parties agree as follows:
Section 1. In recognition of the benefits provided to the Bond by the Program, in
furtherance of the Program’s purpose and in accordance with the Policies, the City hereby agrees
to charge the connection fees set forth in an exhibit attached to Resolution No. [____], adopted
on November 3, 2026, and attached hereto as Exhibit A (the “Connection Fees”). The City
agrees that it will deposit any and all amounts received from charging the Connection Fees, as
may be adjusted with the prior written consent of BOI to reflect current costs, in the debt service
account for the Bond and apply those amounts to prepay principal on the Bond, together with
interest thereon, on the next Bond payment date.
Section 2. Reporting. The City will maintain reasonable records of its compliance with
this Agreement, and will allow BOI to access those records upon request, but not more
frequently than once in any calendar year.
Section 3. Term. This Agreement shall remain in effect until the Bond is paid in full and
defeased.
Section 4. Governing Law. This Agreement will be governed by the laws of the State of
Montana, without giving effect to any choice of law statutes, rules or principles.
Section 5. Counterparts. This Agreement may be executed in one or more counterparts
and, if executed in more than one counterpart, the executed counterparts shall each be deemed to
be an original but all such counterparts shall together constitute one and the same instrument.
Section 6. Other Fees, Etc. The Connection Fees are only one component of the fees,
charges, rates, taxes or assessments, or other amounts that may be made, levied, charged, or
imposed against properties for services or benefits provided or made available by the City. This
Agreement does not and shall not be construed to limit or constrain the powers of the City to
make, levy, charge, or impose other fees, charges, rates, taxes or assessments, or amounts against
properties for services or benefits provided or made available, directly or indirectly, by the City.
IN WITNESS WHEREOF, the parties hereto have caused this Connection Fee Agreement
to be executed as of the date first set forth above.

CITY OF EAST HELENA, MONTANA

By: _______________________________
Its: ________________________________
2

MONTANA BOARD OF INVESTMENTS

By:_______________________________
Its:________________________________

3

EXHIBIT A
Copy of Connection Fee Resolution
[Form attached hereto; final to be attached when available]

RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF EAST HELENA, MONTANA APPROVING A
FORM OF CONNECTION FEE AGREEMENT AND ESTABLISHING CONNECTION
FEES FOR CERTAIN WATER AND SEWER IMPROVEMENTS

WHEREAS, the substantially final form of Connection Fee Agreement (the
“Agreement”) between the City of East Helena, Montana (the “City”) and Montana Board of
Investments (“BOI”) has been provided to this Council; and
WHEREAS, as set forth in the Agreement, BOI has created its Montana Housing
Infrastructure Bond Guarantee Program (the “Program”); and
WHEREAS, Eleanor Development Corporation (the “Developer”) intends to develop
certain real property in the City, commonly known as Rose Hills (the “Property”) as primarily a
residential subdivision (the “Project”); and
WHEREAS, in connection with the Project, water improvements consisting of the design,
engineering, construction, and installation of a water tank, piping, instrumentation and associated
improvements and sewer improvements consisting of a new lift station, force main, sewer mains,
and associated improvements (collectively, the “Off-Site Infrastructure”) are required to be
undertaken and built to completion to implement the Project; and
WHEREAS, the Project is structured to satisfy various affordability requirements for
residential housing and, as such, BOI has determined that a special improvement district bond
(the “Bond”) contemplated to be issued by the City to pay or refinance a portion of the costs of
the Off-Site Infrastructure qualifies for the security provided under the Program; and
WHEREAS, the Bond would not be marketable but for the security provided under the
Program; and
WHEREAS, pursuant to certain arrangements between BOI and the Developer, the
Project is to comply with affordability requirements under the Program and certain purchasers of
lots, tracts, and parcels in the Property that do not satisfy such requirements are required to
prepay the special assessments that pay the Bond; and
WHEREAS, the Off-Site Infrastructure can accommodate users outside of the Property
and such users may connect to the Off-Site Infrastructure; and
WHEREAS, the City desires to enter into the Agreement so that properties outside the
Property desiring to connect to the Off-Site Infrastructure will pay a fair share of costs of the
Off-Site Infrastructure and not unduly benefit from the security conferred upon the Bond under
the Program; and
WHEREAS, the connection fee described below does not apply to the new facility being
developed by American Chemet (but would apply if American Chemet’s existing facilities are
5

connected to the Off-Site Infrastructure), Power Townsend, properties in Moontown, or
properties that are connected to the Off-Site Infrastructure at the time of completion of such
infrastructure; and
WHEREAS, the Agreement and connection fees are only one component of the City’s
fees, charges, rates, taxes or assessments, or amounts that may be made, levied, charged, or
imposed against properties for services or benefits provided or made available by the City.
NOW, THEREFORE, BE IT RESOLVED THAT:
1.
The City approves the Agreement in substantially the form provided to Council
and authorizes the Mayor to execute and deliver the Agreement, with such changes as may be
made to the Agreement by the Mayor, the City Attorney, the Public Works Director, and/or the
City Clerk-Treasurer, which changes will be deemed final and conclusive by the signature of the
Mayor on the Agreement.
2.
The City shall charge connection fees to owners of property outside the Property
who desire to connect to the Off-Site Infrastructure in accordance with the connection fee
schedule attached hereto as Exhibit A. Such schedule may be adjusted from time to time, but
only with the prior written consent of BOI.
3.
The City shall deposit amounts received from charging the connection fees set
forth in Exhibit A, as adjusted from time to time, into the debt service account for the Bond and
apply those amounts to prepay principal on the Bond, together with interest to the next Bond
payment date.
4.
The City directs its staff to maintain reasonable records of connection fee charges
and receipts for connecting to the Off-Site Infrastructure and to make those records available to
BOI on request, but not more frequently than once in any calendar year.
5.
The connection fees for connecting to the Off-Site Infrastructure are only one
component of the fees, charges, rates, taxes or assessments, or amounts that may be made,
levied, charged, or imposed against properties for services or benefits provided or made available
by the City. This resolution and the Agreement do not and shall not be construed to limit or
constrain the powers of the City to make, levy, charge, or impose other fees, charges, rates, taxes
or assessments, or amounts against properties for services or benefits provided or made
available, directly or indirectly, by the City.
Adopted this 3rd day of November, 2026.

____________________________________
Kelly Harris, Mayor
Attest:
Misty Masolo, City Clerk-Treasurer
6

EXHIBIT A
Off-Site Infrastructure Connection Fee Schedule
Off-Site Infrastructure Fees - Water
Water Meter Size

Meter Ratios

Fee

5/8 X 3/4 - Inch Meter

1

$

6,790.00

3/4 - Inch Meter

1

$

6,790.00

1 - Inch Meter

1.78

$

12,086.20

1 1/2 - Inch Meter

4

$

27,160.00

2 - Inch Meter

7.11

$

48,276.90

3 - Inch Meter

16

$

108,640.00

4 - Inch Meter

28.44

$

193,107.60

6 - Inch Meter

64

$

434,560.00

Off-Site Infrastructure Fees - Wastewater
Water Meter Size

Meter Ratios

5/8 X 3/4 - Inch Meter

1

$

2,207.00

3/4 - Inch Meter

1

$

2,207.00

1 - Inch Meter

1.78

$

3,928.46

1 1/2 - Inch Meter

4

$

8,828.00

2 - Inch Meter

7.11

$

15,691.77

3 - Inch Meter

16

$

35,312.00

4 - Inch Meter

28.44

$

62,767.08

6 - Inch Meter

64

$

141,248.00

A-1

Fee

ANNEX F
FORM OF NOTE PURCHASE AGREEMENT

F-1

DRAFT 09/29/2026
NOTE PURCHASE AGREEMENT
November [3], 2026
City of East Helena
P.O. Box 1170
East Helena, MT 59635
Attention:
Kelly Harris, Mayor
Misty Masolo, City Clerk-Treasurer
Montana Board of Investments
2401 Colonial Drive, 3rd Floor
PO Box 200126
Helena, MT 59620-0126
Attention:
Dan Villa, Executive Director
$14,263,000
SPECIAL IMPROVEMENT DISTRICT BOND ANTICIPATION NOTE,
TAXABLE SERIES 2026
CITY OF EAST HELENA, MONTANA
The undersigned, Montana Board of Investments, located in Helena, Montana, as purchaser (the
“BOI”), hereby offers to enter into this Note Purchase Agreement (this “Agreement”) with City of
East Helena, Montana, as seller (the “City”), for the sale by the City and purchase by the BOI of
the City’s Special Improvement District Bond Anticipation Note, Taxable Series 2026 (the
“Note”). This offer is made subject to the written acceptance hereof by the City and delivery of
such acceptance to the BOI (in the form of one or more executed counterparts hereof) and is dated
November [3], 2026. 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 BOI. Terms with initial capital
letters used but not defined in this Agreement shall have the meanings given such terms in the
resolution of the City Council of the City approving the form of this Agreement.
The Note is being issued pursuant to a bond anticipation note resolution of the City (the “BAN
Resolution”) to be adopted by the City Council (the “Council”) of the City on or about November
[3], 2026, authorizing the issuance of the Note and fixing the terms and conditions of the Note.
The proceeds of the Note will be used for the purpose of paying a portion of the costs of the OffSite Infrastructure to serve a residential subdivision commonly known as Rose Hills and costs of
issuance of the Note. The Note is issued in anticipation of the City’s Special Improvement District
Bond (Montana Housing Infrastructure Bond Guarantee Program) (the “Definitive Bond”). Upon
the terms and conditions and based on the representations, warranties and covenants hereinafter set
forth, the BOI hereby agrees to purchase from the City and the City hereby agrees to sell to the
BOI, all (but not less than all) of the Note upon the following terms:

1

Principal Amount:

Up to $14,263,000

Date of Issuance:

On or about November [__], 2026

Interest Rate:

3.87% per annum

Stated Maturity:

Term of the Note is up to 3 years, with the Stated Maturity expected to be
November [__], 2029.

Payment Date:

Subject to optional redemption in whole as set forth below, the outstanding
principal amount of the Note, together with all interest accrued thereon,
will be due and payable on its Stated Maturity.

Draw-down Note:

Principal amounts of the Note will be advanced over time, with interest
accruing on amounts advanced from the date of each advance to the Stated
Maturity or, if earlier, the date of redemption of the Note in whole. The
City shall submit requests for advances in the form required by the BOI.
Each such request for an advance of Note proceeds will be reviewed by and
is subject to the approval of the BOI.

Security:

The Note will be payable from proceeds of the Definitive Bond, which in
turn will be secured by and payable from special assessments, a Reserve
Account, and the security provided under the Program (as defined and
described below). Valley Bank, Division of Glacier Bank (the “Bank”), as
a condition to the purchase of the Note by BOI, has committed or will
commit to purchase the Definitive Bond on or prior to the Stated Maturity
of the Note. The City will not pledge its special improvement district
revolving fund to the Definitive Bond and the City has no obligation to
replenish the Reserve Account securing the Definitive Bond.

BOI Program:

The Definitive Bond will be further secured under the Montana Housing
Infrastructure Bond Guarantee Program (the “Program”), pursuant to which
BOI will covenant and pledge to purchase the Definitive Bond from the
Bank, as holder of the Definitive Bond, at a price of the total thenoutstanding principal amount of the Definitive Bond plus interest accrued
thereon through the date of purchase (the “Bond Purchase Price”), if and
when all funds in the Reserve Account have been drawn to pay debt service
on the Definitive Bond. BOI will covenant and pledge to purchase the
Definitive Bond at the Bond Purchase Price within three (3) business days
after the dated date of the notice from the City to the BOI and the Bank that
the Reserve Account has been fully depleted. The obligations of BOI will
be set forth in the BAN Resolution, Bond resolution, the Definitive Bond,
the Bond Guaranty Agreement, the Master Development Agreement and
such other documents as may be appropriate.

Optional
Redemption:

The Note is subject to optional redemption by the City, in whole but not in
part, on any date that is a business day, without penalty or premium, at a
price equal to the principal amount to be redeemed together with interest on
2

such amount through the date of redemption. Notice of redemption of the
Note in whole must be provided by the BOI to the City as set forth in the
BAN Resolution.
Transferability:

The Note may not be transferred by the BOI without the prior written
consent of the City.

Taxable Note:

Interest on the Note will be includable in gross income for federal income
tax purposes.

Additional Terms
and Conditions:

At the time of issuance of the Note, the City, the Developer, BOI, and the
Bank are expected to enter into a Master Development Agreement and the
City, BOI, and the Bank are expected to enter into a Bond Guaranty
Agreement setting forth the rights and obligations of each party thereto.
Additional terms and conditions applicable to the Note and the Definitive
Bond will be set forth in the Master Development Agreement, the Bond
Guaranty Agreement, the BAN Resolution, the Bond resolution and the
forms of the Note and the Bond and associated agreements and documents.

Deliveries at
Closing

At or prior to the closing and delivery of the Note, the BOI shall receive
copies of the BAN Resolution, and at the closing and delivery of the Note,
the BOI and the City shall receive from Bond Counsel to the City an opinion
of Bond Counsel regarding the validity and enforceability of the Note.

2.
The Note will be payable from the proceeds of the Definitive Bond. The City’s
taxing power and general credit are not pledged to the payment of the Note or the Definitive Bond.
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 and 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.

[The remainder of this page intentionally left blank.]

3

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as
of the date first above written.
CITY OF EAST HELENA, MONTANA
By
Name: Kelly Harris
Title: Mayor

(Signature page to the Note Purchase Agreement)

4

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as
of the date first above written.

MONTANA BOARD OF INVESTMENTS
By
Name: Dan Villa
Title: Executive Director

(Signature page to the Note Purchase Agreement)

5

CITY OF EAST HELENA
306 E MAIN ST / PO BOX 1170
EAST HELENA, MT 59635
(406) 227-5321
ORIGINAL COUNCIL MEETING DATE:
Agenda item:

Right-of-Way Discussion
From:

Mayor Harris
Initiated by City:

☐YES

☐NO

(check one)

Department:

Roads and Streets
Presented by:

Mayor Harris
Action requested:

Information only
PLEASE PROVIDE A NARRATIVE BACKGROUND OF THE PROPOSED AGENDA ITEM:

Council discussion on right-of-way parking and seasonal uses. See included City of Helena
ordinance 3243

Attachments:

☐YES
■

☐NO

(check one)

Date submitted:

RECOMMENDATIONS:
Approve for agenda:
Referred to Dept. Head for resolution:
Referred to
:

☐YES
☐YES
☐YES

☐NO
☐NO
☐NO

Initial:
_____
_____
_____

Agenda requests must be submitted to East Helena City Hall by noon the Wednesday prior to the
Tuesday council meeting.

Form Version Date: 01/03/2018

ORDINANCES OF THE CITY OF HELENA, MONTANA
ORDINANCE NO. 3243
AN ORDINANCE AMENDING REGULATIONS CONCERNING THE PARKING OF
VEHICLES, TRAILERS, RECREATIONAL VEHICLES, AND BOATS ON CITY
STREETS DURING WINTER BY AMENDING TITLE 7, CHAPTER 8 OF THE
HELENA CITY CODE
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF HELENA, MONTANA:
That Title 7,

Chapter

8,

Snow and

Ice,

of

the Helena City

Code is hereby amended as follows:
CHAPTER 8
SNOW AND ICE
SECTION:
7-8-1:
7-8-2:
7-8--2-3:

7-8-6:
7-8-7:
7-8-8:
7-8-9:

SNOW AND ICE REMOVAL FROM SIDEWALKS
DEFINITIONS
DECLI\R7\TION; TRI'iFFIC EMERGENCY EMERGENCY SNOW ROUTE
PARKING PROHIBITED
PARKING; SNOW ROUTES TOWING OF VEHICLES ON EMERGENCY
SNOW ROUTES
NOTICE; PARKING EMERGENCY TERMINATION
REMOVAL; PARKED VEHICLES PARKING OF TRAILERS,
RECREATIONAL VEHICLES, AND BOATS; TOWING
EMERGENCY SNOW ROUTES; ESTABLISHMENT; SIGNS
UNLAWFUL SIGHT OBSTRUCTION
UNLAWFUL HAZARD TO PEDESTRIAN OR AUTOMOBILES
UNLAWFUL HAZARD TO DRIVERS

7-8-1:

SNOW AND ICE REMOVAL FROM SIDEWALKS: No change.

7-8-~4:
7 8 4:
7-8-.§.5:

7-8-2:
DEFINITIONS:
The following words and phrases, whenever
used in this chapter, have the meanings defined in this section
unless the context clearly requires otherwise:

1

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
RECREATIONAL
VEHICLE:

VEHICLE:

Means a motor home,
or camper.

travel trailer,

Means a device in, on, or by which
any
person
or
property may
be
transported but does not include
recreational vehicles.

7-8--2-3:

DECELARATION; TRAFFIC EMERGENCY EMERGENCY SNOW ROUTE
PARKING PROHIBITED: Whenever snow has accumulated, to such a d ~

that snow removal operations will be required, the city manager or
in the absence of the city manager, the chief of police, may
declare a traffic emergency. To allow for snow plowing and snow
removal on city streets , whenever two inches (2") or more of snow
is predicted to accumulate by the National Oceanic and Atmosphereic
Administration, vehicles may not be parked on designated emergency
snow routes between the hours of 8:00 am and 5:00 pm. Parking on
Benton Avenue between West Lyndale Avenue and Bishop Carrol Driv~
and East 3roadway between North California Street and Saddle Drive
is permitted between the hours of 5:00 a.m. and 8:00 p.m.
but is
prohibited from 8:00 p.m. to 5:00 a.m. (Ord. 2112, 1-8-1979; amend
Ord. 3243, 10-29-2018)
7-8--3-4:
PARKING; SNOW ROUTES: TOWING OF VEHICLES ON EMERGENCY
SNOW ROUTES: Until such traffic emergency is terminated it shall

be unlawful to park a vehicle on any street designated an emergency
snow route as set forth in section 7 8 6 of this chapter. All
vehicles parked on designated emergency snow routes during
prohibited hours whenever two inches (2") or more of snow ~s
predicted to accumulate may be towed and stored at the expense of
the registered owner of the vehicle. (Ord. 2112, 1-8-1979; amend
Ord. 3243, 10-29-2018)
7 8 4:
NOTICE; PARKING EMERGENCY TERMINATION: Upon declaring a
traffic
emergency
the
city
manager
shall
forth\Jith
cause
appropriate notice thereof to be given through the local press,
radio and other media. The parking emergency shall be terminated

2

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
by notice given substantially in the same manner as
emergency was declared.

the parking

7-8-5:
REMOVAL;
PAR.."CED
VEHICLES:
PARKING
OF
TRAILERS,
RECREATIONAL VEHICLES, AND BOATS; TOWING: All vehicles parked on
emergency sno\1 routes must be removed within two (2) hours after
notice of a traffic emergency has been given. Any vehicle parlced
on an emergency snow route after such period of time may be
removed or caused to be removed by a police officer to the nearest
garage or other place of safety, and the vehicle may not be
recovered until the towing and storage charges are paid by the
owner or operator of the vehicle.

A.

Trailers, recreational vehicles, boats, or other stored
items may not be parked or stored within the public righ t of-way between November 1 and April 15.

B.

Any trailer, recreational vehicle, boat, or other stored i te ms
parked within the public right-of-way between November 1 and
April 15 may be towed and stored at the expense of the
registered owner of the vehicle. Ord. 2326, 12-5-1983; amend
Ord. 3243, 10-29-2018)

7-8-6:
A.

EMERGENCY SNOW ROUTES; ESTABLISHMENT; SIGNS:

The following streets are hereby established and designat e d
as emergency snow routes within the city:
Al. East-West Streets:
Airport Road
Belt View
Boulder
Brady

Carter Drive to Washington Street.
Oakes to Saddle Drive.

Helena Avenue to Washington.
Joslyn to Henderson.
3

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243

Broadway - Park Avenue to Colonial Drive.
Country Club

Joslyn to west city limits.

Diehl Drive

Illinois to South Montana Avenue.

Elm

Montana .7\venue to Gold Avenue.

Floweree

Benton to west city limits.

Gold Rush

Oakes to Saddle Drive.

Hauser

Benton to ,,,,est city limits.

Helena Avenue - Last Chance Gulch to Railroad Avenue
Knight

Benton to west city limits.

Lawrence
Leslie

Monroe to Warren.
Linden to Joslyn.

Lode Street

California to Gold Rush.

Neill Avenue

Benton to 11th Avenue.

Peosta

Benton to Linden.

PhoeniH

Montana .'\venue to Oakes.

Poplar

Montana Avenue to Oakes.

Valley

Henderson to Custer.

Virginia Dale

Winne

Sanders to Cold Rush.

~4ontana Avenue to Colonial Drive.

4

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
6th Avenue - Park Avenue to Lamborn Street.
11th Avenue - Fee to California Park Avenue to Montana Avenue.
11th Avenue

Last Chance Gulch to Montana Avenue.

B2. North-South Streets:
Benton Avenue - Custer Avenue to Neill Avenue.
California - 11th Avenue to fre-€l-e Winne Street.
Carter Drive
Cleveland

U.S. Highway 12 east to Airport Road.
Euclid to LeGrande.

Colonial - California Fee Street to Saddle Drive Broadway.
Grant

Euclid to LeGrande.

Henderson

Custer to LeGrande.

Hannaford Street - Prospect Avenue to 11 th Avenue
Idaho

11th Avenue to Helena Avenue.

Joslyn

Euclid to Brady.

Lamborn

Boulder to Winne.

Linden

Peosta to Leslie.

McHugh

Custer to north city limits.

Monroe

Lawrence to Euclid.

~4ontana Avenue

Broadway to Diehl Drive.
5

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243

Park Avenue - Neill Avenue to Cruse.
Roberts

Boulder to 6th Avenue.

Rodney - Helena Avenue to Division Broadway.
Saddle Drive

B.

Broadway to Colonial Drive.

Sanders

Diehl Drive to 11th Avenue.

Villard

Custer to Last Chance Gulch.

The public works department shall cause appropriate si;ns to
be installed along each o: said streets designated as
erner]ency snow routes.
(Ord. 3105, 1-12-2009; anend Ord.
3243, 10-29-2018)

7-8-7:

UNLAWFUL SIGHT OBSTRUCTION: No change.

7-8-8:
change.

UNLAWFUL

7-8-9:

UNLAWFUL HAZARD TO DRIVERS: :-lo change.

HAZARD

TO

PEDESTRIANS

OR

AUTOMOBILES:

No

FIRST PASSED BY THE COMMISSION OF THE CITY OF HELENA, MONTANA,
THIS 15~DAY OF OCTOBER, 2018.

MAYOR
ATTEST:

6

NCES OF THE CITY OF HELENA, MONTANA
Ord. 3243

FINALLY

PAS

D BY

MONTANA, THIS

ATTE

CLERK OF THE COMMI SION

7

ORDINANCES OF THE CITY OF HELENA, MONTANA
ORDINANCE NO. 3243
AN ORDINANCE AMENDING REGULATIONS CONCERNING THE PARKING OF
VEHICLES, TRAILERS, RECREATIONAL VEHICLES, AND BOATS ON CITY
STREETS DURING WINTER BY AMENDING TITLE 7, CHAPTER 8 OF THE
HELENA CITY CODE
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF HELENA, MONTANA:

That Title 7,

Chapter 8,

Snow and Ice,

of

the Helena City

Code is hereby amended as follows:
CHAPTER 8
SNOW AND ICE
SECTION:
7-8-1:
7-8-2:
7-8-~3:

7-8-6:
7-8-7:
7-8-8:
7-8-9:

SNOW AND ICE REMOVAL FROM SIDEWALKS
DEFINITIONS
DECLAFL7\:TION, TRZ',.FFIC EHERGENCY EMERGENCY SNOW ROUTE
PARKING PROHIBITED
PARKING, SNOW ROUTES TOWING OF VEHICLES ON EMERGENCY
SNOW ROUTES
NOTICE, Pl',.RKING EMERGENCY TEillHN.7',.TION
REHOV.",.L, Pi.'\.RKED VEHICLES PARKING OF TRAILERS,
RECREATIONAL VEHICLES, AND BOATS; TOWING
EMERGENCY SNOW ROUTES; ESTABLISHMENT; SIGNS
UNLAWFUL SIGHT OBSTRUCTION
UNLAWFUL HAZARD TO PEDESTRIAN OR AUTOMOBILES
UNLAWFUL HAZARD TO DRIVERS

7-8-1:

SNOW AND ICE REMOVAL FROM SIDEWALKS: No change.

7-8--3-4:
7 8 4.
7-8-5:

7-8-2:
DEFINITIONS:
The following words and phrases, whenever
used in this chapter, have the meanings defined in this section
unless the context clearly requires otherwise:

1

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
RECREATIONAL
VEHICLE:

VEHICLE:

Means a motor home, travel trailer,
or camper.
Means a device in, on, or by which
any person or property may be
transported but does not include
recreational vehicles.

7-8--a3:
DECELARA':PION; ':PRAFFIC EMERGENCY EMERGENCY SNOW ROUTE
PARKING PROHIBITED: Whenever sno.-.J has accumulated, to such a depth

that snow removal operations will be required, the city manager or
in the absence of the city manager, the chief of police, may
declare a traffic emergency. To allow for snow plowing and snow
removal on city streets, whenever two inches (2") or more of snow
is predicted to accumulate by the National Oceanic and Atmosphereic
Administration, vehicles may not be parked on designated emergency
snow routes between the hours of 8:00 am and 5:00 pm. Parking on
Benton Avenue between West Lyndale Avenue and Bishop Carroll Drive,
East Broadway between North California Street and Saddle Drive,
and East Broadway between North Montana Avenue and North Sanders
Street is permitted between the hours of 5:00 a.m. and 8:00 p.m.
but is prohibited from 8:00 p.m. to 5:00 a.m. (Ord. 2112, 1-81979; amend Ord. 3243, 10-29-2018)
7 -8--3-4 :
PARKING; SNOW ROU':PES : TOWING OF VEHICLES ON EMERGENCY
SNOW ROUTES: Until such traffic emergency is terminated it shall

be unlawful to park a vehicle on any street designated an emergency
snow route as set forth in section 7 8 6 of this chapter. All
vehicles parked on designated emergency snow routes during
prohibited hours whenever two inches ( 2") or more of snow is
predicted to accumulate may be towed and stored at the expense of
the registered owner of the vehicle. (Ord. 2112, 1-8-1979; amend
Ord. 3243, 10-29-2018)
NO'l':ICE; PARKING EMERGENCY 'l'ERM:INA'l':ION: Upon declaring a
traffic
emergency the
city manager shall
forthwith
cause
appropriate notice thereof to be given through the local press,
radio and other media. The parking emergency shall be terminated

7 8 4:

2

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
by notice given substantially in the same manner as the parking
emergency ·,vas declared.
7 -8-5 :
REMOVAL;
PARKED
VEHICLES:
PARKING
OF
TRAILERS,
RECREATIONAL VEHICLES, AND BOATS; TOWING: All vehicles parked on

emergency snow routes must be removed within two (2) hours after
notice of a traffic emergency has been given. Any vehicle parked
on an emergency snm.· route after such period of time may be
removed or caused to be removed by a police officer to the nearest
garage or other place of safety, and the vehicle may not be
recovered until the towing and storage charges are paid by the
o¼mer or operator of the vehicle.
A.

Trailers, recreational vehicles, boats, or other stored
items may not be parked or stored within the public rightof-way between November 1 and April 15.

B.

Any trailer, recreational vehicle, boat, or other stored items
parked within the public right-of-way between November 1 and
April 15 may be towed and stored at the expense of the
registered owner of the vehicle. Ord. 2326, 12-5-1983; amend
Ord. 3243, 10-29-2018)

7-8-6:

A.

EMERGENCY SNOW ROUTES; ESTABLISHMENT; SIGNS:

The following streets are hereby established and designated
as emergency snow routes within the city:
Al. East-West Streets:
Airport Road

Carter Drive to Washington Street.

Belt View

Oakes to Saddle Drive.

Boulder

Helena ,¥venue to Washington.

Brady

Joslyn to Henderson.
3

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
Broadway - Park Avenue to Colonial Drive.
Country Club

Joslyn to ,,.;est city limits.

Diehl Drive

Illinois to South Montana }\>venue.

Elm

Montana Avenue to Gold Avenue.

Floweree

Benton to west city limits.

Gold Rush

Oakes to Saddle Drive.

Hauser

Benton to west city limits.

Helena Avenue - Last Chance Gulch to Railroad Avenue
Knight

Benton to west city limits.

Lawrence
Leslie

Monroe to Warren.
Linden to Joslyn.

Lode Street

California to Gold Rush.

Neill }',venue

Benton to 11th P,venue.

Peosta

Benton to Linden.

PhoeniJC

Montana i7wenue to Oakes .

Poplar

Montana }\venue to Oakes .

Valley

Henderson to Custer.

Virginia Dale
Winne

Sanders to Gold Rush.

Montana .",venue to Colonial Drive.

4

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
6th Avenue - Park Avenue to Lamborn Street.
11th Avenue - Fee to California Park Avenue to Montana Avenue.
11th }'r✓ enue

Last Chance Gulch to Montana Iwenue.

B2. North-South Streets:
Benton Avenue - Custer Avenue to Neill Avenue.
California - 11th Avenue to we-e Winne Street.
Carter Drive
Cleveland

U.S. Highway 12 east to Airport Road.
Euclid to LeGrande.

Colonial - California Fee Street to Saddle Drive Broadway.
Grant

Euclid to LeGrande.

Henderson - Custer to LeGrande.
Hannaford Street - Prospect Avenue to 11 th Avenue
Idaho

11th Avenue to Helena Avenue.

Joslyn

Euclid to Brady.

Lamborn

Boulder to Winne.

Linden

Peosta to Leslie.

HcIIugh

Custer to north city limits.

Monroe

Lawrence to Euclid.

Montana Avenue

Broadway to Diehl Drive.
5

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243

Park Avenue - Neill Avenue to Cruse.
Roberts

Boulder to 6th Iwenue.

Rodney - Helena Avenue to Division Broadway.
Saddle Drive

B.

Broa&,vay to Colonial Drive.

Sanders

Diehl Drive to 11th PNenue.

Villard

Custer to Last Chance Gulch.

The public works department shall cause appropriate signs to
be installed along each of said streets designated as
emergency snow routes. (Ord. 3105, 1-12-2009; amend Ord.
3243, 10-29-2018)

7-8-7:

UNLAWFUL SIGHT OBSTRUCTION: No change.

7-8-8:

UNLAWFUL

HAZARD

TO

PEDESTRIANS

OR

change.
7-8-9:

UNLAWFUL HAZARD TO DRIVERS: No change.

6

AUTOMOBILES:

No

ORDINANCES OF THE CITY OF HELENA, MONTANA
Ord. 3243
D BY TH

COMMISSIO

OF THE CI

OF HEL

A, MONT. A,

CLERK OF THE COMMISSION

FINALLY

PASSED

BY

THE

COMMISSION OF

MONTANA, THIS 29 th DAY OF OCTOBER, 2018.

7

THE

CITY

OF

HELENA,

CITY OF EAST HELENA
306 E MAIN ST / PO BOX 1170
EAST HELENA, MT 59635
(406) 227-5321
ORIGINAL COUNCIL MEETING DATE: 2026-10-06
Agenda item:
Request to close City Hall Administration Office Friday, November26, 2026 and Allow Staff to Use Vacation time

From:
Admin Office Staff
Initiated by City:

■
‫܆‬YES

‫܆‬NO

(check one)

Department:
Administration
Presented by:
Clerk/Treasurer Masolo
Action requested:
Approval/Deny/Table
PLEASE PROVIDE A NARRATIVE BACKGROUND OF THE PROPOSED AGENDA ITEM:

Admin staff's annual request to close the office the day after Thanksgiving and use either
vacation time or floating holiday.

Attachments:

‫܆‬YES

‫܆‬NO
★

(check one)

Date submitted:
RECOMMENDATIONS:
Approve for agenda:

 ‫܆‬YES
Referred to Dept. Head for resolution: ‫܆‬YES
Referred to :  ‫܆‬YES

‫܆‬NO
‫܆‬NO
‫܆‬NO

Initial:
_____
_____
_____

Agenda requests must be submitted to (DVW+HOHQD&LW\+DOO by noon the Wednesday prior to the
Tuesday council meeting.