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Resolution 3783 - Resolution of Intent - SID 340RESOLUTION NO. 3783 A RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DTSTRTCT NO. 340, FOP, THE PURPOSE OF CONVERTING EXISTING OVERHEAD ELECTRIC AND COMMUNICATION FACILITIES TO UNDERGROUND LOCATIONS ON FIRST ALLEY WEST BETWEEN CENTER STREET AND FIFTH STREET WEST, KALISPELL, MONTANA. WHEREAS, the City Council of the City of Kalispell on the 21st day of March, 1988 adopted Resolution No. 3782 entitled, "A Resolution Declaring That A Speci-al Improvement District or Underground Utilities is in the Public Tnterest", and, WHEREAS, Pacificorp, known in Montana as Pacific Power & Light, Northwestern Telephone Systems, Inc., and TCI Cablevision of Kalispell, Inc., have compiled and submitted to the City Council of the City of Kalispell in accordance with Resolution No. 3782 , a cost and feasibility report concerning the conversion of said facili.ti said area t-o underground facilities, and .es in WHEREAS, the City Council of the City of Kalispell has examined the cost and feasibility report compiled by Pac.ificorp, known in Montana\as Pacific,. -Power & Light, and Northwestern Telephone Systems, Inc.., and�TCI Ca41'evi-sjon of Kalispell, Inc., and WHEREAS, a list of each owner of each parcel. or lot within said area as well as the square foot dimensions on each .lot or parcel within the proposed conversion service area has been determined and supplied to the above -named utilities and to the City Council of the City of Kalispell, and WHEREAS, discussion held at the City Council meeting on March 21, 1988 indicated that the elimination of electric and communication facilities on First Alley West between Center Street and Fifth Street West is in the public interest and will promote the public convenience, necessity and welfare of the City of Kalispell, and WHEREAS, First Alley West between Center Street and Fifth- Street West is located totally within the Kalispell Downtown Redevelopment Area, and the Tax Increment Financing District of the City of Kali -spell, and WHEREAS, 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 within the Downtown Redevelopment Area. NOW THEREFORE BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That it is the intention of the City Council of the City of Kalispell, Montana, to create Special Improvement District No. 340 for the property described in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION II. That the general character and nature of the Propose Special Tmprovement District i-s to totally fund the costs of conversion of existing overhead electric and communi- cation facilities to underground locations within First Alley West between Center Street and Fifth Street West, Kalispell, Montana. SECTION III. That the district's share of the estimated cost o -said improvements is the total sum of Two Hundred and Eleven Thousand Five Hundred and Thirty-nine Dollars ($211,539). SECTION IV. That it is the intention of the City Council of the City of Kalispell that all costs 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 within 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 V. Upon completion of the conversion of the overhead electric 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 facilities shall be shared equally by the City of Kalispell and the affected public utility. SECTION VI. Upon completion of the conversion of overhead e ectric. 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 service from underground facilities is available and further stating that said landowner has sixty (60) days after the date of 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 landowner affected. SECTION VII. It is the intention of the City Council of the City ot Kalispell to make such conversion and improvements to the overhead electric and communication service facilities in, and the City Council of the City of Kalispell does hereby find that said conversion will promote, the public convenience, necessity and welfare by promoting the use of First Alley West as a pedestrian shopping way and create a more aesthetically pleasing environment. SECTION VIII. That on the 18th day of April, 1988, at 7:30 P.M., in the City Council Chambers in City Hall in the City of Kalispell, Montana, at a regular meeting thereof, the City Council will hear and pass on any protests that may be made against the making of said improvements as designated herein or the creation of said District. SECTION IX. The City Clerk -Treasurer is hereby authorized anddirected to give proper notice of passage of this Resolution by publication and mailing as required by law, such publication to be made in daily newspaper published in the City of Kalispell, Montana, in accordance with Section 69-4-316, Montana Code Annotated. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS 21ST DAY OF MARCH, 1988. John "E Kenne y Jr., Mayor ATTEST: I, the undersigned, City Clerk of the City of Kalispell, certify that the foregoing is a true copy of the Resolution passed by the City Council of the City of Kalispell, Montana at a l.ar meeting held City Clerk -'Treasurer City Clerk of the City of Kalispell 1 1 1 EXHIBIT "A" Lots 1 thru 8 & 16 thru 24 - Block 35 First Tnterstate Bank of Kalispell Box 209 Kalispell, MT 59903 Lot 9 - Block 35 Patsy Shielf 1500 South Woodland Avenue Kalispell, MT 59901 Lots 10, 11Block 35 Wilma Barnet who acquired title as Wilma McTntosh 40 Main Street Kalispell; MT 59901 Taylor. & Roe, a Montana Corporation 48 Main Street Kalispell, MT 59901 Lots 13. 14 & IS - Block 35 Kalispell Aerie #234 Fraternal Order of Eagles 37 1st Street West Kalispell, MT 59901 Lots 1 & 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 Tdaho 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 0 Lot 8 - Block 46 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, Illinois 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 thr.0 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. El.ey Bernadine Eley 91 Hilltop Drive 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 Harbert if. Ogle Mary R. Ogle 433 Parkway Drive Kalispell, MT 59901 Lots 6 & 7 - Block 66 Lonel.va Cyr 18 Dale Drive Kalispell, MT 59901 Lot 8 - Block 66 Timothy D. Rowland 24 Woodland Drive Kalispell, MT 59901 loot 9 - Block 66 liezzy Limited 130 7th Street Gast 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. liox 43 Kalispell, MT 59903 Lots 1 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 Lots 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, T. 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 Kali -spell, Mt 59901 1