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Affidavit of Publication/Resolution of IntentSTATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 9913 LEGAL ADVERTISENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF OCT 18, 25, NOV 1, 2005 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOP,rTHE SAME NUMBER OF INSERTIONS. C Subscribed and sworn todO�c�o Before me this Notarial AD NOV 1, 2005 Seal --- - ----- - - Of Vol Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/11/09 No. 9912 NOTICE OF PAS- SAGE OF RESOLU- TION OF INTENTION TO CREATE SPE- CIAL IMPROVEMENT DISTRICT NO. 344 AND TO ISSUE THE CITY'S SPECIAL IM- PROVEMENT DIS- TRICT NO. 344 BONDS THE AGGREGATE PRINCIPAL AMOUNT, AND IN SALABLE IN- CREMENTS, NOT TO EXCEED $4,550,000 SECURED BY THE CITY'S SPECIAL IMPROVEMENT DIS- TRICT REVOLVING FUND CITY OF KALISPELL. MONTANA NOTICE IS HEREBY GIVEN that on October 3, 2005. the City Coun- cil of the, City of Kalis- pell, Montana (the "City"), adopted a Reso- lution of Intention to Create Special Improve- ment District No. 344 (the "District") for the purpose of financing the costs of certain local im- provements (the "Im- provements") and pay- ing costs incidental thereto, including costs associated with the sale and the security of spe- cial improvement district bonds of the City drawn on the District (the "Bonds"), the creation and administration of the District, the funding of a deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund") and the establishment of a reserve account se- curing the Bonds in the District fund (the "Re- serve Account"). The Improvements shall be constructed and instal- led pursuant to plans and specifications pre- pared by Morrison & Maierle, Inc., and ap- proved by the City Engi- neer. A complete copy of the Resolution of Inten- tion (the "Resolution") is on file with the City Clerk which more spe- cifically describes the nature of, the Improve- ments, the boundaries and the area included in the District, the location of the Improvements and other matters per- taining thereto and fur- ther particulars. The general character of the Improvements are (i) grading and utility Im- provements, consisting of planning, design and performing site grading for the construction within the District of Schoolhouse Loop, Schoolhouse Drive and Schoolhouse Circle (in- cluding, without limita- tion potable watermains, and services, sewer mains and services a storm drainage system, telephone, natural gas, and electrical utilities), and (ii) surface Improve- ments, consisting of sur- facing Schoolhouse Loop, Schoolhouse Drive and Schoolhouse Circle and installing re- lated surface improve- ments, such as, without limitation, curbing, aprons, sidewalks, gut- ters, and landscaping. The total estimated costs of the improve- ments, including all inci- dental costs, but not the costs associated with securing the Bonds and the issuance of the Bonds, are $3,963,100. The City would issue the Bonds in an aggre- gate; principal amount, and in salable incre- ments, not to exceed $4,550,000 in orderto finance the costs of the Improvements. Principal of and inter- est on the Bonds will be paid from special as- sessments levied against the property in the District in the aggre- ggate principal amount of $4,550,000 and such payment will be secured by the Reserve Account and the Revolving Fund. Subject to the limitations of Montana Code Anno- tated, Section 7-12- 4222, the general fund of the City may be used to provide loans to the Revolving Fund or a general tax levy may be imposed on all taxable property in the City to meet the financial re- quirements of the Re- volving Fund. All properties within the District are to be as- sessed for a portion of the costs of the Im- provements. The costs of the Improvements will be assessed against ap- plicable portions of the property in the District benefiting from the Im- provements, based on, as appropriate and as set forth more particu- larly in Section 7 of the Resolution, the actual area method of assess- ment described in Sec- tions 7-12-4162 and 7- 12-4163, M.C.A. All of the properties in the District (described as SID Lot Nos. 1 through 17) will be assessed for their proportionate share of the costs of the grading utility, and sur- facing Improvements. The total estimated cost of the grading, utility, and surfacing Improve- ments, including all'inci- dental expenses. and costs associated with securing the Bonds and the issuance of the Bonds, is $4,550,000 and shall be assessed against each of SID Lot Nos. 1 through 17, for that part of the costs of the grading, utility, and surface. Improvements that the area of each of such tract or parcel bears to the total area of both of such tracts or parcels exclusive of streets, avenues alleys, storm water detention ponds and like features. The total area of the District to be assessed by way of the actual area method is estimat- ed to be 2,064,308 square feet. The costs of the grading, utility, and surfacing Improve- ments per square foot of area is estimated not to exceed $2.21. The total assessment (not includ- ing interest expense) for each affected lot, tract or parcel of land sub- jected to the actual area method of assessment for the grading, utility, and surface improve- ments is shown on EX- HIBIT D of the Resolu- tion of Intention, on file with the City Clerk. On November 7, 2005, at 7:00 p.m., M.T., in the Council Chambers at City Hall, 312 1st Ave- nue East, Kalispell, Montana the City Coun- cil will conduct a public hearing and pass upon all written protests against the creation of the District, or the mak- ing of Improvements that may be filed in the period described below. Written protests against the creation or extension of the District and the making of the Improvements may be filed by an agent, per- son, firm or corporation owning real property within the proposed Dis- trict whose property is li- able to be assessed for the Improvements. Such protests must be deliv- ered to the City Clerk at City Hall, 312 1st Ave- nue East, Kalispell. Montana 59901 not later than 5:00 p.m., on No- vember 2, 2005. Further information re- garding the proposed District or the Bonds or other matters in respect thereof may be obtained from the City Clerk at City Hall, 312 1st Ave- nue East. Kalispell, Montana 59901 or by telephone at (406) 758- 7756. Dated: October 12, 2005 BY ORDER OF TEE CITY COUNCIL OF THE CITY OF KALIS- PELL, MONTANA /s/Theresa White City Clerk October 18, 25, No- vember 1, 2005.