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Resolution 3375 - Call for Public Hearing - Outlaw Inn ProjectRESOLUTION NO. 3375 A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED PROJECT UNDER DART 1 OF CHAPTFR 5 OF TITLE 90 MONTANA CODE ANNOTATED 1979, AS AMENDED WHEREAS, the City of Kalispell, Montana (the "City") acting through its City Council (the "Council") is authorized by the provisions of Part 1, Chapter 5, Title 90, Montana 1979, as amended, (the "Act"), to acquire Code Annotated, consisting of projects real and personal properties suitable for use for commercial enterprises, to lease such projects to others upon such terms and conditions as the Council may deem advisable, and as shall not conflict with the provisions of the Act, to enter into agreements to loan the proceeds of its revenue bonds to others for the purpose of defraying the costs of acquiring or improving such projects upon terms the Council considers advisable and not in conflict with the provisions of the Act, and to issue revenue bonds for the purpose of defraying the cost of acquiring or improving such projects; and WHEREAS, Outlaw Inn, a Montana general partnership, (the "Company"), proposes to acquire certain real property, construct improvements thereon and install therein equipment and other personal property, all suitable.and to be used as a motel facility and as part of a convention motel facility (the "Project"), located within the City; and WHEREAS, the Company has represented to the City that the Project will be designed to qualify as a "Project" within the meaning of the Act; and WHEREAS, the Company has requested the City to issue and sell its revenue bonds in an aggregate principal amount not to exceed $2,800,000 pursuant to the provisions of the Act (the "Bonds"), for the purpose of.financing the Project; and WHEREAS, underthe provisions of the Act, the Bonds shall be limited obligations of the City and the Bonds and interest coupons appurtenant thereto shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or:taxing powers, --and l WiIEREA._. __ -- --- S, Section 90-5-104 of the Act requires that prior to the issuance of any Bonds under the authority of the Act, the Board shall give notice and hold a public hearing on the proposed Project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Kalispell, Montana, as follows: Section 1. Public Hearing. Pursuant to the requirements of the Act, a public hearing on the proposed Project is called and shall be held on the 2nd day of November, 1981, at 7:30 o'clock p.m. at the City Council Chambers, City Hall, Kalispell, Montana. Following the conduct of the public hearing, the Council shall, determine whether or not the acquisition, construc- tion and improvement of the Project is in the public interest of the City. Section 2. Form of Notice of Public Hearing. The notice of the public hearing shall be in substantially the follocving form: NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT UNDER PART 1 OF CHAPTER 5 OF TITLE 90 MONTANA CODE ANNOTATED 1979, AS AMENDED . CITY OF KALISPELL, MONTANA NOTICE IS HEREBY GIVEN, that the City Council of Kalispell, Montana, will meet on A144,LA,,,4h .1 , 1981, at 7:30 o'clock n.m., at the Council Chambers in the City Hall in Kalispell, Montana, for the purpose of holding a public hearing on a proposed project under Title 90, Chapter 5, Part 1, Montana Code Annotated. The proposed project will consist of certain real property, construction, and expansion of Outlaw Inn's, a Partnership, existing facility in Kalispell, Montana, known as the "Outlaw Inn", to acquire real property, make related site improvements, construct additional facilities for rooms and recreational facilities as an expansion of Outlaw Inn, a Partnership, expansion of its existing Outlaw Inn facility in Kalispell, Montana, and to equip such additional facility to be used as an addition to the Outlaw Inn at a cost presently estimated to be approximately $2,800,OOU. Funds for this purpose will be provided by the issuance of revenue bonds or notes of the City of .Kalispell, Montana, under ' Title 90, Chapter 5, Part 1, Montana Code Annotated, which bonds will be'secured 'by such security as may be deemed advisable. The bonds shall be special, limited obligations of the City of Kalispell payable solely from revenues derived from the project and the bonds and interest coupons shall, not constitute nor give rise to a pecuniary liability of the City, or a charge against its general credit or taxing powers. She bond proceeds will be loaned to Outlaw Inn, a Partnership, or their designee, which will be a 1 related entity, which will pay net amounts at least sufficient to pay the principal of and interest on the bonds as and when due. All persons interested may appear and be heard at said time and place. DATED October :�, 1981. BY ORDER OF THE CITY COUNCIL OF KALISPELL, MONTANA. r MarjQhe Giermann, Clerk []I Section 3. Publication of Notice. The Clerk of the Council shall cause the notice to be published in a newspaper of general circulation in the City of Kalispell (the Daily Interlake) at least once a week for three (3) consecutive weeks prior to the date set for the hearing, the last such publication being at.least seven (7) days before the date of the hearing, excluding the day of publication. PASSED by the City Council of the City of Kalispell, and signed by its Mayor (Chairman) the 5th day of October, 1981. CITY COUNCIL OF THE CITY OF 'KALISPELL. By Its: Mayor (Chairman) Attest: L, the undersigned., City Clerk of the City of. Kalispell certify that the foregoing is a true espy of the Resolution passed by the City Council of the City of Kalispell, Montana at a regular meeting held h •r City C rk of the City of Kalispell