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Tab 29 Affidavit of Pub of Notice of Passage of Reso of IntentSTATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHER IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 9913 LEGAL ADVERTI SMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATHS. OF OCT I S, 25, NOV 1, 2005 AND ,THE RATE CHARGED FOR THE ABOVE _PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FO HE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this Aid NOV 19 2005 ww �. www.fw rr w wwwrrr Notary Public for the State of Montana Residing in Kalispell My Commission expires 9I11109 00-- G nm ...c C r� r - O Q • Notarial ' � 'Seal ' • of NOTICE !DE OF PAS- SAGE OF RESOLU- TION OF INTENTION TO CREATE SPE- CIAL -IMPROVEMENT DISTRICT. NO. 344 AND, TO ISSUE THE CITY'S SPECIAL IM- PROVEMENT D.IS- TRICT NO. 344 BONDS THE AGGREGATE PRINCIPAL AMOUNT, AND IN -SALABLE IN- CREMENTS, NOT TO EXCEED $4,550,000 SECURED BY THE CITY'S SPECIAL -IMPROVEMENT .DIS- TRICT REVOLVING FUND CITY .OF KALISPELL. MO NTANA 1. NOTICE IS .HEREBY GIVEN that on October 31 2005. the City Coun- cil `} of the,: city of Kilis- pells , Montana (the City"), adopted 'a Reso- lution of Intention to Create Special Improve- ment Ditrict No. 344 (the "District") for the purpose of financing the costs of certain local irn- provernents (the *Im- provernentsl 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 "RevolvingFund") and the estabshment 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 Morrison lip Maierle, Inc., .'abd ap- proved by the City Engi- neer. A complete cony of the Resolution of lnten- tivn (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 th-e improvements and other matters per- taining thereto and fur- ther particulars. The "general character of the Improvements are (1) grading and utility Im- provements, consisting of planning, design and performing site grading for the construction within the District of Schoolhouse. Loop, Schoolhouse Drive and Schoolhouse Circle (in- cluding, .*without limita- tion potable watermains, and services, sewer mains and services ,a storm drainage system, telephone, natural gas, and electrical utilities), and (ii)surface improve- ments, consisting of sur- facing Schoolhouse Loup, Schoolhouse Drive and ' Schoolhouse Circle and installing re- lated surface improve- ments, such as, without limitation, curbing, aprons, sidewalks, gut- ters., and landscaping. The total estimated costs of the improve- ments, including all inci- dental costs: but not the costs associated with securing the Bonds and the issuance of the Bonds, are $3, 953,1 a0. i The: pty would issue 0ri05 ii an .a re_ a�3'�ir#Gil 21i ol.int, ..,.: ano1h salable incre- ments, not to exceed $4-,550,000 in order. to finance the costs of the improvements. Principal of and inter- est on the Bonds will be paid frorn special as- sessments levied against the property in the District in the aggre- ate principal amount of f4,550,000 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 tund of the City may be used to provide loans to the Revolving .Fund or a general tax levy may be imposed. on , ail taxable property in the City to meet the financial re- quirements of the Re- volving Fund. All properties ' within .the District are to 1?e as. .sassed for a portion of On November 7, 2D05, at 7:00 p.rr�., M.T., in the ,the- costs of the !m- provements. Thecasts Council � Charr�bers at the Improvements will City Ha##,,312 1st Ave- ,be assessed against ap- plicabls portions a€ the nue nueEast, Kalispell. - Montana the City Coun- property in the. Districthearin benefiting from the Im- cii will conduct a public g and pass upon provements, based on, as appropriate and as all written protests against the creation of set forth more particu- lady in Section 7 of the the District, or the mak- ing of Improvements Resolution, the actual that may-, be filed in the area method of assess- period described below. ment described in Sec- Lions 7-12-4162 and 7- . Written protests 12-4153, M.-C.A. All of the properties in the • against the creation or extension of the District District (described as and the making of the 51D Lot Nas..1 through '! 7) will be assessed for Improvements may be filed,by an � agent, y er- p their proportionate share of the. costs vfIthe son, firm or corporation owning real property Irading utility, 'and sur- acin Irr rovements. within.the proposed Dis- trict whose property is li- The to al estimated cast able to be assessed for of the grading, utility, the. Improvements. Such 'must"be "deliv- and surfacing Improve- protests +ments, including all'mci- dental expenses. and eyed to the City Clerk at City Hallo 312 1 st Ave - costs associated with securing . the Bonds and nue East, Kalispell. Montana 59901 not later the issuance of the Bonds, is $4,550,000 than 5:00 p.m.; on No - vernber 2, 2005. .and shall be assessed each of, S!D Lot Further information re - Nos. through 17, for ga�ding the .proposed Die#riot or the Bonds or that part of the costs of the. grading;. utility, and other matters "in respect • surface Improvem�rnts thereof rna be obtained pity .that th e area of each of from the. he Clerk at such tract or parts! bears to the total. a rea 'of City Hall, 312 1st Ave - • nue East Kalispell,, or both of such tracts c s o r Montana 59901 by. parcels exclusive of telephone at (406) 758- streets, avenues alleys., 7758.. storm water detention Bonds and like features: Dated; -October .12 he' total area of the 2005 District. to be assessed . by way of the actual BY ORDER 4F TEE area method is �estimat- ed to be 2,Ds4,30� � CITY COUNCIL OF THE CITY OF KAL15- feet. The cysts PELL, M�3NTANA ON ❑f the grading, utility, and surfacing mprove- Is/Theresa white per square focn of C• Clerkrrients area is estimated not to exceed �$2:21. The total Octaba r 18 25 No - No - ' assessment. (not.--lnclud- camber 'I, 2oD5. ing interest expense) for • each affected lot; tract yr parcel 'of land sub- jected to the actual area, method. at --assessment for the. -:grading, utility, and 'surface Improve- ments is shown on EX- HIBIT D of the- Resolu- tion of Intention, on file with the City Clerk.