Tab 33 Resolution No. 5070CERTIFICATE AS TO RESOLUTION AND ADOPTING 'DOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Kalispell,
Montana (the "City"), hereby certify that the attached resolution is a true copy of Resolution 5070
entitled: "RESOLUTION OF INTENT TO ESTABLISH A INDUSTRIAL TAX INCREMENT
DISTRICT AT OLD SCHOOL STATION AND CALL FOR PUBLIC HEARING UNDER MONTANA
CODE ANNOTATED TITLE 7, CHAPTER 15, PART 42." (the "Resolution"), on file in the original
records of the City in any legal custody; that the Resolution was duly adopted by the City Council of the
City at a regular meeting on October 17, 2005, 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by law; and that the Resolution has not as of the date hereof been amended or repealed.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: ,Tim Atkinson Mari Gabriel Bob Herron Rand
Ken on Duane Larson Hank Olson and Mayor Pamela B. Kenn ed ; voted against the same: Bob
Hafferman and Tim Kluesner ; abstained from voting thereon: None ; or were absent: None .
WITNESS my hand and seal officially this 18th day of October, 2005.
Theresa White
City Clerk
IRESOLUTION NO, 5070
RESOLUTION OF INTENT TO ESTABLISH AN INDUSTRIAL, TAX INCREMENT
DISTRICT AT OLD SCHOOL STATION AND CALL FOR PUBLIC HEARING UNDER
MONTANA CODE ANNOTATED TITLE 7, CHAPTER 15, PART 42,
BE IT RESOLVED by the City Council (the "City Council') of the City of Kalispell, Montana
(the "City"), as follows;
Section 1. Recitals.
1.01. Subject to the satisfaction of certain requirements contained in the Act (as defined
below), the City is authorized pursuant to Montana Code Annotated Title 7, Chapter 15, Part 42, as
amended (the "Act"), including Montana Code Annotated, Section 7-15-4299, as amended, to pass an
ordinance (the "ordinance") establishing an Industrial Tax Increment District to assist in financing
necessary industrial infrastructure to encourage the attraction, growth, and- retention of secondary
value -adding industries.
1.02. A proposal has been presented to the City by Montana Venture Partners, LLC
(the "Developer") that the City establish an Industrial Tax Increment District to be known as the "old
School Station Industrial Tax Increment District" for the purpose of stimulating industrial growth by
providing a financial mechanism to provide the necessary infrastructure support to encourage the
growth of secondary, value -adding industries in the City.
Section 2. Preliminar Findin s.
2.01. Based on representations made by the Developer to City staff and the City Council and
the work of City staff to date, the City Council makes the preliminary findings, determinations, and
declarations set forth in 2.02(a) through (g) below. The preliminary findings, determinations, and
declarations of this City Council set forth in 2.02(a) through (g) below are subject to final findings,
determinations, and declarations by this City Council after (i) two readings of the proposed
Ordinance, and (ii) a public hearing (the "Hearing") on the proposed ordinance and District as set
forth in Sections 4 through 6 of this resolution.
2.02. The City Council of the City of Kalispell, Montana hereby preliminarily, finds,
determines, and declares that:
(a) the ordinance and the formation of the District, as proposed, will facilitate the
development of the necessary infrastructure to support industrial growth within the proposed District;
(b) the passage of the ordinance and the establishment of the District fall within the
economic goals adopted by the City Council and the adoption therefor is in the public interest;
(c) the District, as proposed, consists of a continuous area with an accurately described
boundary;
(d) the District is zoned for light or heavy industrial use in accordance with the City's
master planning documents;
(e) the District does not include any property located within an existing urban renewal
area district created pursuant to the Act;
(f) the land in the District is currently deficient in infrastructure improvements for
industrial development; and
(g) the purpose of the District is the development of infrastructure to encourage the
growth and retention of secondary, value -adding industries in the City.
Section 3. Preliminary..,Approval.
This City Council hereby gives preliminary approval to the adoption of the Ordinance
establishing the District, subject to final approval following the Hearing, as more fully provided for in
Sections 4 through 6 of this Resolution.
Section 4. Public Hearing Notice.
The Act requires that prior to the adoption of the ordinance and establishment of the District
under the authority of the Act, this City Council shall give notice and hold a public hearing, such as
the Hearing, on the proposed District. Pursuant to the Act, this City Council hereby calls for (i) the
public Hearing on the District and the first reading on the ordinance to be held on November 7, 2005,
on or after 7:00 p.m., and (ii) a second reading of the ordinance to be held on November 21, 2005, on
or after 7.-00 p.m. The Hearing and the readings of the Ordinance shall be held in the City Council
Chambers at City Hail, located at 12 1" Avenue East, Kalispell, Montana 59901.
Section 5. Form. of Notice of Public Hearin .
The notice (the "Notice") of. the Hearing shall be published in substantially the form attached
to this resolution as Exhibit A.
Section 6. Publication of Notice =„of_Public ,Hear
The City Clerk is hereby authorized to cause the Notice to be published in published in the
Daily Inter .Lake, a newspaper of general circulation in Flathead County, on October 25, 2005 and
November 1, 2005, all in accordance with the requirements of Montana law. The publication of the
Notice will be at least once a week for two consecutive weeks prior to the date set for the Hearing,
the last such publication being seven days before the date of the Hearing.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 17TH DAY OF OCTO 05.
ATTEST
- - - ---I ; 6.
Theresa White
City Clerk
N
EXHIBIT A
FORM OF NOTICE OF PUBLIC HEARING
NoTICE OF PUBLIC BEARING
GIVING NOTICE OF A PUBLIC
NEARING ON A PROPOSED ORDINANCE ESTABLISHING AN
INDUSTRIAL TAX INCREMENT DISTRICT
THEREFOR UNDER. MONTANA CODE ANNOTATED
TITLE 7, CHAPTER 1.5, PART 42
CITY OF KALISPELL, MONTANA
NoTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Montana
(the `City") Will meet on November 7, 2005, on or after 7:00 o'clock p.m. in the Council
Chambers at City Hall, 312 1" Avenue East, Kalispell, Montana, for the purpose of holding a
public hearing to establish a Tax Increment Industrial District known as the old School Station
Industrial Tax Increment District (the "District"), for the purposes of stimulating industrial
growth by providing a financial mechanism to provide the necessary infrastructure support. The
City is authorized by Title 7, Chapter 15, Part 42, Montana Code Annotated (the "Act"), to pass
an ordinance establishing the District to assist in financing necessary industrial infrastructure to
encourage the attraction, growth, and retention of secondary value -adding industries.
Copies of the proposed Ordinance (including a description of the boundaries of the
District) may be obtained from Theresa White, City Clerk, at City Hall, 312 1" Avenue East,
Kalispell, Montana 59901 or by telephone at (406) 755-7756.
All persons interested may appear and be heard at said time and place or may file Written
notice with the County Clerk and Recorder prior to the date of the hearing set forth hereinabove.
Dated: October 181, 2005
BY ORDER OF THE CITY COUNCIL
OF THE CITY OF KALISPELL,
MONTANA
Theresa White
City Clerk
(Publication Dates: October 25 and November 1, 2005)
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