Resolution 3788 - Creates SID 340RESOLUTI ON NO. 3788
A RESOLUTION CREATING SPECIAL IMPROVEMEIV DISTRICT NO. 340 FOR THE PURPOSE
OF TOTALLY FUNDING THE RELOCATION OF ALL EXISTING OVEP%HEAD ELECTRICAL AND
C(II+M9UNICATION FACILITIES ON FIRST ALLEY WEST SEIWEEN CENfF;R STREET AND FIFTH
STREET WEST, KALISPELL, FLATHEAD COUNTY, MONrANA, WHICH IS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND FOR PURPOSES OF THIS
RESOLUTION P]ADE A PART HEREOF.
WHEREAS, Title 69, Chapter 4, Part 3, Montana Corte Annotated, authorizes
the creation of Special Improvement District to convert existing overhead
electrical and communication facilities to underground locations and,
WHEREAS, the City Council of 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
located totally within the Kalispell Downtown Redevelopment Area and the Tax
Increment Financing District, and
WREP&AS, a proposed design for the sanitary sewer replacement
conteirplates that existing overhead electrical. and cennnmication facilities
be relocated underground, and
WHEREAS, the Kalispell Downtown Redevelopment Plan updates, 1987,
contemplates the use of alleys as pedestrian shopping ways, and
WHEREAS, the elimination of existing overhead electrical and
ccrrmunication 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
caimunication facilities on First Alley West would create a more
aesthetically pleasing environment, and
WHEREAS, a plan to replace the sanitary sewer line in First Alley West
will require excavation of First Alley West so that underground conversion
of overhead public utilities will be a relative convenient addition to the
project.
WHEREAS, on the 21st day of March, 1988, the City Council of the City of
Kalispell did pass and adopt Resolution No. 3782, entitled "A Resolution
Declaring that a Special Improvement District for the Undergrounding of
Utilities is in the Public Interest", and
WHEREAS, the City Clerk --Treasurer of said City did give notice of the
passage of said Resolution by publishing the same for five successive days
in the Daily Inter Lake, a daily newspaper published in Kalispell, Montana,
beginning on the third day of April, 1988; and also on April lst, 1988, true
copies of said notice were mailed to all persons having real property in
said district, and
WHEREAS, on the 18th day of April, 1988, at the next regular meeting of
said Council, after the time prescribed by law for the submittal of
protests, the Council did conduct a hearing on Resolution No. 3782, and no
protests, written or oral, were made or presented against the creation of
Special Improvement District No. 340, where there were not sufficient
protests filed with the City Clerk -Treasurer to prevent further proceedings
therein.
N04V THEREFORE BE IT RE:SOLVEII BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONrANA, AS FOLLOWS:
.aSQJTWj . That Special Improvement District No. 340 to totally
fund the elimination of overhead and electric canTmicatian faci-
lities within First Alley West, between Canter Street and Fifth
Street West, Kalispell, Flathead County, Montana , as is more par
ticularly described in Exhibit "A", is hereby created.
SECPION_JT. That the cost and expenses associated with said
conversion on public property or in the public right-of-way, in-
cluding trenching, backf illing, distribution transformer pads
conduit and duct required by the public utilities shall not be
assessed against the property which said Special Improvement
District but shall be paid entirely fran funds available to the
City through the Tax Increment Financing District of the City of
Kalispell.
SECTION•z.r- upon completion of the conversion of the over-
head electric wires or cacrn=icatim service facilities within
the public right-of-way First Alley West to underground, the
public utilities 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 the _public
utilities in the conversion of overhead electric wires and can-
munication services facilities shall be shared equally by the
City of Kalispell and the affected public utilities.
S&OUO2HIV. 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 pur-
chaser of property under Contract for Deed, affected by the
conversion ,a notice stating that the service from underground
facilities is available and further stating that said land-
owner has sixty (60) days after the date of mailing of said
notice' to convert all overhead electric or comrmunication
facilities providing service to any structure or improvement
located on his lot or parcel to underground service facility.
The cost of private property conversion necessitated because
of public right--of-way conversion shall be borne by the land-
owner affected.
tiE, LON V. (After sixty (60) days, following the date of
mailing of notice, the ' City of Kalispell shall order the -
public utility to disconect and remove all overhead electric
or communication facilities providing services to any struc-
ture or improvement within the area, provided that all land-
owners served from overhead facilities to be removed shall
have first agreed in writing to perform the line changes on
their premises so that the service may be furnished from the
underground distribution system in accordance with the
utility rules and authorizing the utility to discontinue
overhead service.
=_DU.39 The district's share of the estimated cost of
said improvements is Two Thousand Eleven -Five hundred Thirty
Nine Dollars ($211,539.000.00. The City shall not sell bonds
to finance any portion of said conversion and shall not assess
any of the owners of property along the public right-of-way
for the cost of the right-of-way underground conversion or wir-
ing and shall pay said costs entirely from funds available to
the City through the Tax Increment Financing District of the
City of Kalispell.
PASSED AM APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AND APPROVED By THE MAYOR THIS 18th DAY OF APRIL, 1988.
94JOIellEd" Kennedy r., Mayor
ATTEST!':
Don Halver, City Clerk -Treasurer
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 regular meeting held
City Clerk of the City of Kalispll