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STATE OF M ONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
DOROTHY GLENCROSS BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS
LEGAL CLERK OF THE DAILY INTER
LAKE, A DAILY NEWSPAPER OF GENERAL
CIRCULATION, PRINTED AND PUBLISHED
IN THE CITY OF KALISPELL, IN THE
COUNTY OF FLATHEAD, STATE OF
MONTANA, AND THAT NO. 4312 LEGAL
ADVERTISEMENT WAS
PRINTED AND PUBLISHED IN THE
REGULAR AND ENTIRE ISSUE OF SAID
PAPER, AND IN EACH AND EVERY COPY
T,iEREOF ON THE DATES OF
FEB. 1 & 91 2001*
AND T1-1E RATE CHARGED FOR T BE ABOVE
PRINTING DOES NOT EXCEED TIHE
MENIMUM GOING RATE CHARGED TO ANY
GIBER ADVERTISER. FOR TI3E SAME
PUBLICATION, SET IN THE SAME SIZE
TYPE AND PUBLISHED FOR TIC SAME
w
Subscribed and sworn to before me this
AD FEB. 9, 2001
5
Notary Public Ur the State of Montana
Residing in Kalispell
My Commission expir •i�A�0�Q
AR�,9` sv,
SEAL
No. 4312
NOTICE OF PAS-
SAGE OF RESOLU-
TION OF INTENTION
TO CREATE SPECIAL
IMPROVEMENT DIS-
TRICT NO. 343 AND
TO ISSUE THE CITY'S
SPECIAL IMPROVE-
MENT DISTRICT NO.
343 BONDS IN THE
AGGREGATE PRINCI-
PAL AMOUNT, AND IN
SALABLE INCRE-
MENTS, NOT TO EX-
CEED $1,798,603.00
SECURED BY THE
CITY'S SPECIAL IM-
PROVEMENT DIS-
TRICT REVOLVING
FUND
CITY OF KALISPELL,
MONTANA
NOTICE IS HEREBY
GIVEN that on January
22, 2001,-the City Coun-
cil of the City of Kalis-
pell, Montana (the
"City"), adopted a Reso-
lution of Intention to
Create_ Special Improve-
ment District No. 343
(the "District") for the
purpose of financing the
costs of certain local im-
provements (the "im-
provements") and pay-
ing costs incidental
thereto, including costs
associated with the sale
and the security of spe-
cial improvement district
bonds of the City drawn
on' the District (the
"Bonds"), the creation
and administration of
the District, the funding
of a deposit to the City's
Special Improvement
District. Revolving Fund
(the "Revolving Fund")
and the establishment
of a reserve ' account se-
curing the Bonds in the
District fund (the "Re-
serve Account"). The
improvements shall be
constructed and instal-
led pursuant to plans
and specifications pre-
pared by Robert Peccia
& Associates, and ap-
proved by the City Engi-
neer.
A complete copy of
the Resolution of Inten-
tion (the "Resolution"} is
on file with the City
Clerk which more spe-
cifically describes the
nature of the Improve-
ments, the boundaries
and the area included in
the District, the location
of the improvements
and other matters per-
tainiag thereto and fur-
ther particulars.. In "r"ough
terms, Sunnyview Lane -
bisects the District -and.
the District is bounded
by- potions of'. U.S.
Highway,53, .Meridian
Road, Wihdward Way,
Glacier View Drive,
Claremont Street, and
Conway Drive.
The improvements
generally consist of (i)
realigning a portion of
Sunnyview Lane and
planning, designing, and
performing site grading
for those portions of
Heritage Way and Sun-
nyview Lane, as real-
igned, to be constructed
within the District, and
relocation and installa-
tion of utilities (such as
potable water mains
and services, sewer
mains and services, a
storm drainage system,
and telephone, natural
gas, and electrical utilit-
ies) (collectively, the
"Grading and Utility Im-
provements"); and (ii)
dismantling and remov-
ing existing above-
ground utilities along or
adjacent to the existing
Sunnyview Lane from
the point that- is approxi-
mately 119 lineal feet to
the east of the eastern
boundary of Windward
Way to U.S. Highway 93
and burying substitute
utilities along such � seg-
Ment.of such roadway,
and surfacing those por-
tions of Heritage Way
and Sunnyview Lane,
as existing and to be -re-
aligned, located or to be
located in the District,
and installing related
surface improvements,
such as curbing,
aprons, sidewalks, gut-
ters, and landscaping
(collectively, the "Sur-
face Improvements").
The total estimated
costs of the Improve-
ments, including all inci-
dental costs, are
$1,798, 603.00.
The City would issue
the Bonds in an aggre-
gate principal amount,
and in salable incre-
ments, not Ito ,exceed
$1,798,603.00 in order
to:. finance the costs of
the -Improvements. Prin-
cipal of and interest on
the Bonds will be paid
from special assess-
ments levied against the
property in the District in
the aggregate principal
amount of
$1,798,603.00 and such
payment will be secured
by the Reserve Account
and the Revolving Fund.
Subject to the limitations
of Montana Code Anno-
tated, Section 7-12-
4222, the general fund
of the City may be used
to provide loans to the
Revolving Fund or a
general tax levy may be
imposed on all taxable
property in the City to
meet the financial re-
quirements of the" Re-
volving Fund.
All properties within
the District are to be as-
sessed for a portion of
the costs of the Im-
provements. The costs
of the Improvements will
be assessed against ap-
plicable portions of the
property in the District
benefiting from the Im-
provements, based on,
as. appropriate and as
set forth more particu-
larly in Section 7 of the
Resolution, the actual
area and frontage meth-
ods of assessment de-
scribed in Sections 7-
12-4162 and 7-12-4163,
M.C.A. The actual area
method is to be used to
assess the costs of the
Grading and Utility Im-
provements, which
costs are to be spread
~;between two. properties,
:with. the estimated total
5 ;prih eipal amount of such
` assessments to be
$654,078 for. one prop-
ertwy and-$437,792 for
the other property. The
-frontage method is to be
used to. assess the
costs of the Surface Im-
provements, which
costs are to be spread
among eight of the nine
assessed properties in
the District, with the es-
timated total principal
amount of such assess-
ments to range from
$13,538 .to $524,640
per property. More de-
tails regarding the as-
sessments are set forth
in the Resolution.
On February 30, 2001,
at 7:00 p.m., M.T., in the
Council Chambers at
City Hall, 312 1st Ave-
nue East, Kalispell,
Montana, the City Coun-
cil will conduct a public
hearing and pass upon
all written protests
against the creation of
the District, or the mak-
ing -of Improvements
that may be filed in the
period described below.
Written protests
against the creation or
extension of the District
and the making of the
Improvements may be
€fled. by- an agent,. per -
sort, firm or. corporation
owning real property
within the proposed Dis-
trict whose property is li-
able to be assessed for
the Improvements. Such
protests must be deliv-
ered to the City Clerk at
City Hall, 312 1 st Ave-
nue East, Kalispell,
Montana 59901 not later
than 5:00 p.m., M.T., on
February 16, 2001.
Further information re-
garding the proposed
District or the Bonds or
other matters in respect
thereof may be obtained
from Theresa White,
City Clerk, at City Hall,.
312 1st Avenue East,
Kalispell, Montana
59901 or by telephone
at (406) 758-7756.
Dated: January 26,
2001.
BY ORDER OF THE
CITY COUNCIL OF
THE CITY OF KALIS-
PELL, MONTANA
Is/Theresa White
City Clerk
February 1, 9, 2001