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Resolution 3782 - Declare SID for Undergrounding Utlities is in Public InterestRESOLUTION NO. 3782 A RESOLUTION DECLARING THAT A SPECIAL IMPROVEMENT DISTRICT FOR THE UNDERGROUNDING OF UTILITIES IS IN THE PUBLIC INTEREST. WHEREAS, Title 69, Chapter 4, Part 3, Montana Code Annotated, authorizes the creation of Special Improvement Districts to convert existing overhead electrical and communication facilities to underground locations, and WHEREAS, the City Council of the City of Kalispell (Governing Body) has planned for several years a sanitary sewer replacement project in First Alley West between Center Street and Fifth Street West, and WHEREAS, First Alley West between Center Street and Fifth Street West is looated totally within the Kalispell Downtown Redevelopment Area and the' Tax Increment Finance District, and WHEREAS, a proposed design for the sanitary sewer replacement contemplates that existing overhead electric or communications facili- ties be relocated underground, and WHEREAS, the Kalispell Downtown Redevelopment Plan Update 1987 contemplates the use of alleys as pedestrian shopping ways, and WHEREAS, the elimination of existing overhead electric and communi- cation facilities would be an initial step in creating a pedestrian mall in the downtown core area of the City of Kalispell, and WHEREAS, the elimination of existing overhead electrical and communi- cation facilities on First Alley West would create a more aesthetically pleasing environment, and WHEREAS, the plan to replace the sanitary sewer line in First Alley West will require excavation of First Alley West so that under- ground conversion of overhead public utilities will be 'a relatively convenient addition to the project, and WHEREAS, the City Council of the City of Kalispell has authority, on its own initiative, under Section 69-4-312, M.C.A. to enact a Re -solution for a feasibility study to relocate existing overhead public utilities underground, and WHEREAS, the elimination of overhead electrical and communication facilities on First Alley West is in the public interest and will promote the public convenience, necessity and welfare, and WHEREASt Title 7, Chapter 15, Part 42, Montana Code. Annotated authorizes the expenditure of Tax Increment Financing Funds to pay costs incurred in connection with urban renewal projects for the acquisition, construction or improvement of pedestrian malls. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That the creation of a special improvement district TOr -the purpose of underground conversion of existing overhead public utilities on First Alley West between Center Street and Fifth Street West, Kalispell, Montana, is in'the public interest. SECTION II. That the cost and expenses associated with said conversion on public property or in the public right of way, including trenching, backfilling, distribution transformer pads, conduit and duct required by the public utilities, shall not be assessed against the property with said special improvement district but shall be paid entirely from funds available to the City through the Tax Increment Financing District of the City of Kalispell. SECTION III. Upon completion of the conversion of the overhead 'i'l—ectric wires or communication service facilities within the public right-of-way of First Alley West to underground, the public utility shall file a verified statement of the cost of such conversion with the City Council showing its costs associated with the project. The cost incurred by public utilities in conversion of overhead electric wires and communication service facilities shall be shared equally by the City of Kalispell and the public utility. SECTION IV. Upon completion of the conversion of overhead electric or communication service facilities the City of Kalispell shall cause to be mailed to each landowner and purchaser of property under contract for deed, affected by the conversion, a notice stating that the service from under- ground facilities is available and further stating that said landowner has sixty (60) days after the date of the mailing of said notice to convert all overhead electric or communication facilities providing service to any structure or improvement located on his lot or parcel to underground service facilities. The cost of private property conversion necessitated because of public right-of-way conversion shall be borne by the landowners affected. SECTION V. After the sixty (60) day period following the date ot mailing of the notice, the City of Kalispell shall order the public utility to disconnect and remove all overhead electric or communication facilities providing service to any structure or improvement within the area, provided that all landowners served from overhead facilities to be removed shall have first agreed in writing to perform the wiring changes on their premises so that service may be furnished from the underground distribution system in accordance with the utilities rules and authorizing the utility to discontinue overhead service. SECTION VI. That pacificorp, known in Montana as Pacific power & Light Company, and Northwestern Telephone Systems, Inc., and TCT Cablevision of Kalispell, Inc., the public utilities serving the area by overhead electrical or communi- cation facilities shall, within 120 days of the passage of this Resolution, make a study of the costs of conversion of said facilities in said area to underground facilities and make such study available to the City Council of the City of Kalispell and for examination by the general public. SECTION V11. A list of each owner of each parcel or lot within tF—eproposed. special improvement district as well as the square feet dimension on each lot or parcel within the proposed conversion service area is attached hereto as Exhibit "A", for purposes of this Resolution made a part hereof and shall be supplied to the above named utilities along with other information necessary to make the above requested study. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 21 st DAY OF MARCH -) 1988. (;bt�Ed" Kennedy Jr., Mayor 1, the undersigned, City Clerk of the City of Kalispell, ATTEST:. certify that the foregoing is a true copy of the Resolu- tion passed by the City Council of the City of Kalispell, Montana at a regular meeting held- -City Clerk -Treasurer City Clerk of the C, spell, Montana I I. EXHIBIT "A" Lots I thru 8 & 16 thru 24 - Block 35 First Interstate Bank of Kalispell Box 209 Kalispell, MT 59903 Lot 9 - Block 35 Patsy Shiell 1500 South Woodland Avenue Kalispell, MT 59901 Lots 10, 11 & 12 - Block 35 Wilma Barnet who acquired title as Wilma McIntosh 40 Main Street Kalispell, MT 59901 Taylor & Roe, a Montana Corporation 48 Main Street Kalispell, MT 59901 Lots 13, 14 & 15 - Block 35 Kalispell Aerie #234 Fraternal Order of Eagles 37 Ist Street West Kalispell, MT 59901 Lots I & 2 - Block 46 Cooney -Singer Partnership 116 Main Street Kalispell, MT 59901 Lot 3 - Block 46 Cooney -Singer Partnership 116 Main Street Kalispell, MT 59901 Lot 4 - Block 46 Cooney -Singer Partnership 116 Main Street Kalispell, MT 59901 Lot 5 - Block 46 Virgil Joseph and Arlene Joseph Hamilton, MT Bruce Kasena 120 Main Kalispell, MT 59901 Lot 6 - Block 46 D* W, Burks, M, J, Gwiazdon, Benjamin F. Bailey, C. M. James, Pamela S. James 40 East Idaho Kalispell, MT 59901 Lot 7 - Block 46 D. W. Burks, M. J. Gwiazdon, Benjamin F. Bailey, C. M. James, Jr., Pamela S. James 40 East Idaho Kalispell, MT 59901 Ronald K. Hughes 310 West View Drive Missoula, MT 59803 Lots 8 thru 12 - Block 55 City of Kalispell Drawer 1997 Kalispell, MT 59903 Lots 13 thru 20 - Block 55 Valley Bank of Kalispell Box 48 Kalispell, MT 59903 Lot 24 - Block 55 First Federal Savings Bank of Montana Box 27 Kalispell, MT 59903 Lots I & 2 - Block 66 Shelagh Theodore North 8219 Antietam Spokane, WA 99207 Tony Pang Doris F.C.S. Pang 302 South Main Kalispell, MT 59901 Lot 3 - Block 66 Victor Guest 496 Valley View Drive Kalispell, MT 59901 William R. Thibodeau, Richard H. Blomgren, Elvin E. Smith, Brad A. Shefloe 310 South Main Kalispell, MT 59901 Lots 4 & 5 - Block 66 Victor Guest 496 Valley View Drive Kalispell, MT 59901 Ilerbert U. Ogle Mary R. Ogle 433 Parkway Drive Kalispell, MT 59901 Lots 6 & 7 - Block 66 Lonelva Cyr 18 Dale Drive Kalispell, MT 59901 Lot 8 - Block 66 Timothy D. Rowland 24 Woodland Drive Kalispell, MT 59901 Lot 9 - Block 66 Rezzy Limited 130 7th Street East Kalispell, MT 59901 I I Lot 8 - Block 46 I C. M. James, Jr. Pamela S. James 40 East Idaho Kalispell, MT 59901 Lot 9, Block 46 Bernard V. Mengwasser and Linda Mengwasser 220 Woodland Avenue Kalispell, MT 59901 Jayne Peters Willet 602 13th Street East Kalispell, MT 59901 Lot 10 - Block 46 James A. Hollensteiner Wanda M. Hollensteiner 186 Kimberly Barrington, Tllinois 60010 Lots 11 & 12 - Block 46 Theron W. Hitchcock East 13310 13th AVenue Spokane, WA 99216 Lots 13 & 14 - Block 46 First Federal. Savings Bank of Montana Box 27 Kalispell, MT 59901 Lots 15 & 16 - Block 46 Charles E. Lyman Box 1339 Whitefish, MT 59937 Lots 17 thru 25 - Block 46 City of Kalispell Drawer 1997 Kalispell, MT 59903 Lot 1 - Block 55 First Federal Savings Bank of Montana Box 27 Kalispell, MT 59903 Lots 2 thru 5 - Block 55 Nashua Corp. Box 1665 Milwaukee, WI 53201 Lot 6- Block 55 Anderson Theatre Company Box 977 Kalispell, MT 59901 Lot 7 - Block 55 Henry W. Eley Bernadine Eley 91 Hilltop Drive Kalispell, MT 59901 Lot 10 of Block 66 Kenneth D. Cramer Alice M. Cramer 720 5th Avenue East Kalispell, MT 59901 Lots 11 & 12 - Block 66 344 Main Street Corp. 429 Hilltop Ave. Kalispell, MT 59901 Jerry W. Branson Box 2333 Kalispell, MT 59903 Lots 13 thru 34 - Block 66 Valley Bank of Kalispell Box 48 Kalispell, MT 59903 Lots I thru 4 - Block 75 Robert L. Meir Marion E. Meir Box 358 Lakeside, MT 59922 Lots 5 thru 8 - Block 75 Ashley Meadows, a Partnership Box 575 Kalispell, MT 59903 LQts 9 thru 12 - Block 75 Willard Company 9300 Wilshire Blvd. -Suite 510 Beverly Hills, CA 90212 Lots 13 thru 20 - Block 75 James E. Murphy, Calvin S. Robinson, 1. James Heckathorn, C. Eugene Phillips, John B. Dudis, Daniel D. Johns, Donald R. Murray, Dana L. Christensen, Steven E. Cummings, Debra D. Parker Box 759 Kalispell, MT 59903 Lots 21 thru 24 - BLock 75 Montana Power Company 40 East Broadway Butte, MT 59701 Gloria J. Beardsley Box 1291 Kalispell, Mt 59901 I.