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SID 328/$300,000 Buffalo Head Sewer/Oct 1979DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA S5402 TELEX: 29-0605 CABLE: DOROW (612) 340-2600 146a W-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA SSIOI t612) 227-8017 $300,000 Special Improvement District No. 328 Bonds City of Kalispell Flathead County, Montana We have examined certified copies of proceedings taken preliminary to and in the issuance by the City of Kalispell, Flat- head County, Montana, of its Special Improvement District No. 328 Bonds in the total principal amount of $300,000, dated and regis- tered as of July 1, 1979, maturing on January 1, 1999, and payable solely from its Special Improvement District No. 328 Fund. The bonds are 300 in number and numbered in order of their regis- tration from 1 through 300, each in the denomination of $1,000., The bonds bear interest from date of registration until paid in full or called for redemption at the rate of eight and seventy hundredths percent (8.700) per annum. Interest is payable on the first day of January of each year, commencing January 1, 1980. Both principal and interest are payable at the office of the City Treasurer, in Kalispell, Montana. Interest on the bonds is to be paid by the City Treasurer from the Special Improvement District No. 328 Fund upon presentation of the coupons when due. Whenever there is any balance in said fund after paying interest due on all bonds payable therefrom, the City Treasurer is required by law to call for payment and redemption at par outstanding bonds in an amount which, together with interest thereon to the date of redemption, will equal the amount of the fund on the redemption date, and notice of such redemption is to be given at least ten days before the date specified for redemption by notice published once in a newspaper published in the City, or, at the option of the City Treasurer, mailed to the holder or holders of such bonds if their addresses be known. Interest on any bond ceases to accrue on the date on which it is called for redemption. In our opinion the City of Kalispell has validly created Special Improvement District No. 328 and provided for construction of various improvements of special benefit to that district, and has provided for the assessment of the entire cost of the improve- ments, estimated at $300,000, against each assessable lot or parcel of land within the district, which assessments are to be payable in equal, annual installments, with interest on the balance of the special assessments remaining unpaid; and the City has also validly established a Special Improvement District Revolving Fund to secure the prompt payment of its special improvement district DORSEY, WINDHORST, HANNAPORD, WHITNEY $ HALLADAY $300,000 Special Improvement District No, 328 Bonds -2- City of Kalispell, Flathead County, Montana bonds, including the bonds of this issue, and has undertaken and agreed to issue orders annually authorizing loans or advances from that fund to the Special Improvement District No. 328 Fund in amouncssufficient to make good any deficiency in such Special Improvement District No. 328 Fund, to the extent that the funds are available, and to provide funds for said Revolving Fund by annually making a tax levy or loan from its general fund in an amount sufficient for that purpose, subject to the limitation that no such tax levy or loan from the general fund may in any year exceed 5% of the principal amount of the City's then outstanding special improvement district bonds; and said bonds do not constitute indebtedness of the City within the meaning of any constitutional or statutory limitation, but are valid and binding special obliga- tions of the City of Kalispell in accordance with their terms and the provisions of the Constitution and laws of the State of Montana now in force, including Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42. In our opinion, the bonds are not "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the Regulations relating thereto; and the interest to be paid on the bonds is not includible in gross income of the recipient for United States income tax purposes or State of Montana individual income tax purposes, but the bonds are subject to taxation by the State of Montana as property, according to present federal and Montana laws, regulations, rulings and decisions. Dated at Minneapolis, Minnesota, October 12, 1979. i ;><L f, t% I N D E X r, r PACE Minutes - iu5ust 9, 1978 - intention to Annex Buffalo Head �92 1 3 Mesolution n3191 - Intention to Annex 4-6 sk mutes - Jc bsr 16, 197E - First Reading ,g Ord. #900 and Approve Subdivision 7 10 Mam�l ztion L3201. - October 16, 1978 - Approve Subdivision 11-12 :OrBimance 1�900 - _Har-�h 19, 1979 - Second Reading 13-15 �titiion fsr B.I.I. 4328 16-17 iR Ei urt'--s - March 19, 1979 -intention to Create SD 1B-21 Ma-s61-aztion 43226 - i?z-ch 19, 1g79-Intention to Create SD 22-23 :Notice .of Zutention to Create 2i,-23 Me=,;if-in of Notice to Property Owners 26 Jle -=.: P: 'Property Description 27 letter to 1Da.i.ly Titer bake to Publish 2B ;iburtes - fay 7, 1979 - Public Hearing 29-33 ndliztian -+3237 - Creating SD #r328 34-35 Bbaa,lutian 7#3238 - Ca11 for Construction Bids 36 iem lotion q,'L3239 - Providing for Sale of Bonds 37-3B IhAice n :Sale of Bonds 39-40 letter -to :wally Tinter bake to Publish 41 Notice 'nif Call for Bids 42-J4!; litter -to 1Daily 12.ter Lake to Publish 45 LM—dai.t ci Publication - Notice of Intention to Create 46 -i�v1t of Pnbl ca+ion - Cor_struction Bids 47 GATE;-r�avit of Publication - Sale of Bonds 48 ? -mutes - .lnne 18, 1979 - Open Bids 49-52 Momm:ittee Bepert 53 moment to Prrclhase Bonds 5445 THE REGDDAR t,1TD BTiDGLT =LITG Or° TPT, KALISP- L ClmY COUNCIL WAS ELID AT 7:30 P. P1., W-UiuLSDAY AUGUST 9, 1978 L%T TIE COtRiCIL CEADIBE-PS AT CITY H_r`.LL. MAYOR HAPP PRESIDED. ALL COT` CILi•=qZ WFKIE PF. S DIT_. APPROVE DIET= Councilman Williams moved that the minutes of the regular meeting of July 7, 1978 be approved as presented. Seconded by Councilman Allen. Motion carried. Councilman O'Boyle moved that the minutes of the special meeting of July 3.4, 1978 be approved as presented. Seconded by Councilman Allen. Motion carried. Councilman Williams -moved that the minutes of the all -day budget meeting of July 17: 1978 be approved as amended. Seconded by Councilman Allen. Motion_ carried. Councilman Grainger moved that the minutes of the regular meeting of July 24, 1978 be approved as presented. Seconded by Councilman Allen. Motion carried. ADDRESSING ' lE UOTNCIL Councilman Savexud reported that the City Mavelopment Committee met on July 19th and August 2nd rega-.rcl7_ng the request for a variance to build a Corner Pocket Store in Baker's Addition in the south part of the City and allow them to serve beer and wine. Oa recommendation of the committee, Councilman Saverad moved to allow the variance request with the fallowing stipulations: 1) The building be located on the SW corner of the lots; 2) All :egress and egress be on Airport Road with emergency exit only on 1st Avenue rifest.; 3) An adequate green belt (not just grass) be established on the north, south and west sides.;-Q All other city codes be met. Seconded by Councilman Grainger. 'Pic Baker, resident of the area,:stated that they still do not .like the idea of late night traffic and feel after.l ving in -their homes for many years, they are being driven from them_ Building inspector Shoemaker: stated that -the area is an R5 zone and any business can come into the area and the City would be powerless to stop it. Question ca2lei3.. Uotlon ra.rm; Poi. CREATE t-ZI =P • L, % - GOifii:='Y I�LOPMEi4T AND REDEVELORM14T Larry GallaE;her, Professional Plonnar for the Kalispell Development Association, .addressed the Council with a request to form anew department within the City, The department would consist .of _a director, assistant director and a secretary. All expenses would be maid from -an :admini:strative fund from the HUD Grant. He said he feels confident that the City will receive the grant. word will come by October 31, 1978. The department will be needed initially for 2 years and if other grants are approved it will be needed for alonger time.. P,i.ch Hadley, Chamber of Commerce, concurred with the request as did Mr. Hen_y Good, Chai=an of the KDA.. Mayor Happ asked fnr council action on the Bequest by August 14th. Councilman Allen moved to refer the request -to the City Development Committee for recommendation at the August meeting. Seconded by Councilman Granmo. Motion carried. PUBLIC H"jAt3ZI�iG - iEI12110E : r'GRTam Mayor Hipp announced that -revenue sharing funds for Entitlement Period 10 is $230,000, an increase of $a0,OOO.o=_ original anticipated payments. There was no public put regarding revanue sharing expenditures for the new fiscal year. Councilman yaley muted that -the additional $80,000 revenue sharing payments be added to the City Hall Revenue Sharing l.dget.. Seconded by Councilman Granmo. Councilman Griffin voted no. IlDtion carried. PUBLIC 1 rztT - A4TZHFCFSSTO:iT i'Uia'S There was no public :imput as to Expenditures .of antirecession funds for the new fiscal year. Councilman A11.en moved that 14"DOO be budgeted for salaries and $3,000 be budgeted for supplies. Seconded by Councilman Daley. T4otion carried. BUDGET Finance Direc tar ;Swanson -revi.ewed total amounts for the budget for the new fiscal year. FiraI figure for. expenditures for 1978-79 is $8,999,503. The mill, levy w1?1 be 78.8 compared to 77.9 last year. Rich Hadley, Chamber of Commerce, asked the comncil to look to private enterarise for garbage removal end street maintenance and building. He also asked why the light district assessment was so much higher. He was told that the power rate will be higher, more lights and replacement lights will cost the City this year. Budget Hearing was recessed until August loth. ORDINANCE 11897 Councilman Griffin moved to enact Ordinance 1#897 an ordinance to extend the city limits' - to include Pack Addition ,-r91. Seconded by Councilman Grainger. Roll call vote. All voted aye. RESOLUTION #3189 Councilman Griffin moved to adopt Resolution T3189 a resolution approving as a subdivision, Pack Addition 7r91 with the following stipulations: 1) voning•will be B-4; 2) 100' Drainage Easement; 3) slater and sewer lines will be approved by the City and the State Board of Health; 4) a signed waiver of S.I.D. Storm Sewer. Seconded by Councilman Williams. Roll call vote. All voted aye. RESOLUTION #3190 Councilman Granmo moved adoption of Resolution #3190 a resolution authorizing the assess- ment of storm sewer rates for 1978-79 as per Ordinance #862. Seconded by Councilman Allen. Roll call vote. All voted aye. COMMITTEE REPORTS FINANCE Councilman Williams reported that the claims for July have been reviewed by the finance committee and moved that all claims approved be paid. Seconded by Councilman Saverud. Motion carried. ANNEXATION RESOLUTION #3191 Councilman Griffin moved to adopt Resolution #3191 a resolution of intent to annex Buffalo Head Annexation #92. Seconded by Councilman Allen. Roll call vote. All voted aye. STREET & ALLEY Councilman Allen had no report. PARFGS Councilman Daley had no report. SAFETY Councilman O'Boyle reported that Asst. Chief Hellman and the Safety Committee have inspected the 2 new police cars, the specs have been met and the police cars accepted. Councilman O'Boyle moved that the two 1977 Chevrolet Chevrolet police cars 'be advertised for sale by sealed bids and opened at the September llth council meeting. Seconded by Councilman Griffin. Motion carried. BE'=ALTH Councilman Saverud reported that he has been asked by Mayor Happ to serve on the County- wide Economic Development Committee which is a clearing house for EDA grants. 'The committee is chaired by Ed Wooster of Columbia Falls. Director of Public Works Kain is serving in an advisory capacity. Councilman Saverud reported that he has met with Board members of the Hockaday Art Center and the Flathead County Commissioners regarding an interlocal agreement to support the Center. The C6mmi2sioners are no longer interested in c'unership, but if the budget allows, will help with funding. W Councilman Saverud announced that there would be -a public hearingXon the MUD Tkv proposal in the council chambers at 7:30 P. M., Thursday, August 30, 19;,8.. SE4M & WATER Councilman Granmo announced a meeting of the sewer & water committme �s a moamii ee of the whole to discuss the proposed new sewer ordinance. The Ming .Ffi11 he ut 7:30 P. M., .Tuesday, August 15th. MESOIUTION #3192 Councilman Grar-mo moved to adopt Resolution #3192 a resolution authox zing?Mayor Rapp to sign Change Order 7'r-'1 on the water well drilling project f=. ,a2.6"' erg to 18" and extending the contract to August 31, 1978. Seconded by Qaunadf2man 31di1gy, Roll call vote. All voted aye. CITY 21EPE.L0I'-0 RESOLUTION 6193 Councilman 'Williams moved to adopt Resolution #3193 a resolution -a'aZtbn21� - y= Sapp to sign Change Order #4 , reinstating the sprinkling system i ar the w z icy ihd:G1 if approved by the sewer & water committee with power to act:. Se t d :by iC'aai xn:' -nx Graingpr. -Roll caU vote. Councilman Grainger voted -no. Reso3zrtAmn mA d.. �'ILSCEIT_•aZTS �?Og1T 'CL'�'Y Cr�u Mayor Eapp :asked for council confirmation of the appointment of tto the position of City Clerk and Water Cashier. Councilman Daley =c zd thB sqppdirkbBeiit be nonfixmed. Seconded by Councilman Allen. Motion carried. GRIEV0CES—:galispell Police Protective Association ;i.ty Attorney 'lonahue reported that a ruling from the Personnel _TjgxpEm2x mua3 kl Avid found the City innocent of all charges brought by the KPPA. WAGE CONTRACT — YFPA Counci.lman Paley moved that Mayor Happ be authorized to sign the move mmn±r- I Nz&th'the IKPPA. Seconded by Councilman Griffin. Councilman Williams voted mm.. ?iV otimn cmam:d%r, . Councilman Williams moved that City Attorney Donahue be allowed tD !gm tko Mmuoiija, August llth for the hearing on the case of City of Kalispell, -Idh±Mull hc= ESL= gs and 79. S. of .America -vs Contractors of America. This case invoa-7--Z IL-e 3MA :Gxamt ff= the new City Tull.. Seconded by Councilman Daley. Motion care IIayar .Happ -read a 'letter from Jack Anderson, Police Chief in Great s„ tHxa!L-xqg tU—_ Council far allowing Chief McDowell for helping them during the palfi2m i%. Hayor Happ mead a. letter from the Flathead County Commissioners !Uxa*itz a -tom Cry cof 'Cal isp-:71 .and the File Department for using their new ladder try ±n =nIL%Taq Mhi_r-- pole 7 saes atu the co=ihouse. 31imector :of Tublic 11orks Fain reported a letter from Plant Opemataar „ aftaLti the dizp�posal plant has a new record for the lowest BOD. .At the -request of Police Chief McDowell, Councilman Daley moved of IPaa31 Hahn., Gregory 33urns =d Kevin Appel as regular patrolman. Sec-omttad TIU Q iun: ti xr, Granmo- hloti:cn car i e d. Council. -Tan 'Grainger moved to recess until August 14th at 7:30 P. M. Ym t@hs m»,rrxiBl chambems.. Secodnded by .Councilman Granmo. .Motion carried. Minutes -approved as corrected September 11, 1978. f cif Norma B. Eapp, IhW.or A=ST: I•tax,'v;jorie Giermaan, City Clerk RESOLUTION NO. 3191 A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF KALISPELL, TO BE KNOWN AS BUFFALO HEAD ADDITION NO. 92 AND TO FIX THE DATE OF PUBLIC HEARING THEREON; TO PROVIDE FOR PUBLICA- TION OF NOTICE OF SAID HEARING. WHEREAS, Stanley Pine of Buffalo Head Properties has made petition to the City of Kalispell for annexation to said City of certain territory to be known as Buffalo Head Addition No. 92; and WHEREAS, a preliminary plat thereof has been reviewed and considered in accord with the laws of the State of Montana and the subdivision regulations of the City of Kalispell by the Kalispell City -County Planning Board and said Board has, by communication dated August 3, 1978 recommended that said petition be granted under certain conditions; and it appears that said conditions are or will be adequately satisfied, and that it is to the best interest of the City of Kalispell that said petition be granted, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: 1. It is the intention of the City of Kalispell that territory comprising Buffalo Head Addition No. 92 shall be annexed to the City of Kalispell and shall be classified No. RA-1 under the City of Kalispell Zoning Ordinance as adopted November 30, 1977. Said territory is more particularly described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. 2. A public hearing on said petition for annexation will be held by the Kalispell City Council at its regular meeting held in the Council Chambers ?f the Kalispell City Hall commencing at 7:30 p.m. on the If day of October, 1978. 3. Tne City Clerk will forthwith prepare and publish in the Daily Inter Lake a daily newspaper published at Kalispell, Montana, proper notice of said public hearing. Said petitioner shall pay all costs of publication of said notice. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 9th DAY OF AUGUST, 1978. ATTEST: 4 "?" zf /-X'_1 4 t, � , - .. '� City Clerk Norma E. Happ,—MM ybr 4 A tract of land situate, lying and being in Government Lot Three (3) of Section Six (6), Township 28 North Range 21 :vest, P.M.M., Flathead County, Montana, and more, particularly described as follows: Commencing at the Northeast corner of. said Lot 3; thence. :North 89'_55' Rest and along the Northerly boundary of said Lot 3, 137.3 feet to a Stone Monument, which is the South one-fourth N) cornet of Section 31, Township 29 North, Range 21 West.; thence South 25049' West, 361.0 feet to the true point of beginning of the tract o land begin described; thence :South 28044' West 429.1 feet to a point; thence South 65044' West 552.0 feet to a point on the easterly'boundary line of a County Road; thence North 3'11' West* and along the easterly boundary line of said County Road,, 135.0 feet to a point; thence Worth 87'04' East, 134.3 feet to a point; thence Vorth 45012' East 134.3 feet to a point; thence :South 88002' East, 165.5 feet to a point; thence North 3'32' East, 329.0 feet to a point; thence South 68026' East 376.5 feet to a point, which is the point of beginning. A tract of land in Government Lots 3 and 4 of Section 6, Township 28 North,. mange 21 West; P_M.M., Flathead County, Montana, described as follows: Cca=encing at the Northeast corner of Government Lot 3; thence South 89'46'West and along the Northerly boundary line of said Lot 3, 1121 feet to a point; thence South 3140' East, and along the centerline of a County Road, 576.4 feet to a point; thence South 86'20' West, 30.0 feet to the westerly boundary line of said County Road and the true point of beginning of the tract of land being described; thence South 86'20' West, 175.0 feet to a point; thence South 3'40' East, 125.0 feet to a point; thence North 86020' East, 275.0 feet to a point on the westerly boundary line of said County; thence North 3040' West 125.0 feet to the point of Beginning. AZ�D All that portion of Government Lot 3 lying Westerly of the center line of a County Road and all of Government _Lot 4 of Section 6, Township 28 North, FamSe 21 West, M.P.M., Flathead County, Montana. EXCEPTING THEREFROM Pz=k View Terrace Addition No. 1 That certain tract of land conveyed to Jerry D. Reggen and Mary J. Gorton, tsustee, under agreement by Warranty Deed recorded April 16, 1973 under Recorder's Fee No. 3692 in Book 550, page 746, records of Flathead County, 19ontana, as follows: A tract of land in Government Lot 4 of Section 6, Township 28 North, Range 21 Ulest, M.P_M_, Flathead County, Montana more particularly described as follows: Reginning at the Southeast corner of Lot 12, Block 1 of Park View Terrace; thence Kurth 89050' East along the South boundary of aforesaid Lot 4 a distance of 20 feet; thence North 0'10' West a distance of 95.31 feet; thence along the arc of a curve. of 227.60 foot radius concave to the Southeast a distance of 20.07 feet to the Northeast corner of -aforesaid Lot 12; thence South 0010' East a distance of ,93_22 feet and along the East boundary of Lot 12 to the Point of Beginning. EXCEPTING THEREFROM A tract of land. in Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West,'M.P.M., Flathead County, Montana, more particularly describe as' follows: Commencing at the Northeast corner of Government Lot 3; thence_ South 89'46' West and along the Northerly boundary line of said Lot 3 a distance of 1121.0 feet to a point; thence South 03040' East and along the center line of a County Road a distance of 576.4 feet to a point; thence South 86020' West a distance of.30.0 feet to the Westerly boundary line of said County Road and the true -point of beginning of the tract of :land to be herein described; thence South 86020' West a distance of 275.0 feet to a point; thence South 03*40' East a distance of 125.0 feet to a point; thence North B6020' East a distance of 275.0 feet to a point on the Westerly boundary line of said County Road; thence Vorth 03140' West a distance of 125.0 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM A parcel of Land in Lots 3 and 4, Section 6, Township 28 North, Range 21 West, P.M_M_, as shown on Certificate of Survey No. 3991, described as follows Beginning at a 5/B" x 24" aluminum capped rebar stamped 2343S, which marks the Southeast corner of Lot 12, Block One, Park View Terrace, a subdivision of Flathead County; thence North D'20'00" West 153.37 feet along the East boundary of Park View Terrace to a 5/8x24" aluminum capped rebar stamped 2343S, which marks the :intersection of the East boundary of said Park View Terrace and the .South boundary of Lot 60 Park View Terrace Addition Number One; thence along a non tangent 167.60 foot radius curve to the left, who's center bears North 4`50'58" West through an arc of 9'38'15" a distance of 28.19 feet to a 5/8"x24" aluminum capped rebar stamped 2343S, which marks the Southeast corner of aforesaid Lot 60;thence North D'34'00" West 32.00 feet along the East boundary of Park View Terrace Addition Number One to a 5/8"x24" aluminum capped rebar stamped 2343S; thence' North 3050100" East 430.80 feet to a-5/8"x24" aluminum capped rebar stampe 2343S, which marks the intersection with the apparent West boundary of Grandview Drive, a public road; thence South 3123'20" East along said apparent West boundary 189.74 feet_to a 1 1/2 inch diameter bar, which marks the Northeast corner of that parc of land described on the Notice of Purchaser's Interest recorded in Book 546, page 716, records of Flathead County in favor of John 3_ Vlmoent and Brenda L_ Vincent; thence South B9n50'00" West 341.87 feet along the North boundary of said Vincents property to a 5/8 inch diameter bar which marks the Northwest corner o said property; thence South B9°34'16" west 127.14 feet to the Point of Beginning. I rQ el THE RECU_ AR D=22ING OF THIS KALISPELL CITY COLT:;C'. T T;'-S HELD AT 7 :30 P. M_ MONDAY, OCTO ER 16, 1978 IN THE COUNCIL CI-101BERS AT CITY HALL. IAYCR HAPP PRESIDED. ALL C0LNCILW=i Wd3F' PRESENT. Mayor Happ welcomed Park Supt. Drent back from his vacation. He has missed only one council meeting in his five years of employment. APPROVE PMTUTES Councilman Saverud moved that the minutes of the regular meeting of October 2. 1978 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. Councilman Williams moved that the minutes of the special meeting of October 5, 1978 be approved as presented. Seconded by Councilman Daley. Motion carried. OFFICIALS R77PO:iTS City Clerk for July. City Treasurer for August. Director of Public Works, City Judge and Police Chief for September. Councilman Daley moved that the reports be accepted- Seconded by Councilman. A11en. Motion carried. ADDRESSING THE COUNCIL Dixie M. Gaschetdel' Isle presented a petition signed by 38 residents of the 7th Avg E. N. & Oregon Street area which read as follows: "We, the undersigned, being residents of the vicinity of Seventh Avenue E. N. zna Oregon Street wish to express our concern over the t=af£ic problem that exists on Seventh Avenue E. N. Because of the increasing amount of traffic ir-- to subdivisions and construction companies north of the City, we feel the road is uuot adequate to handle such Large -mounts of cars and large trucks. We also feel that removal -of the existing Z w-y stop sign at Oregon & Seventh vould threaten the safety of our children as well as other pedestrians and motorists. Councilman Grainger moved to refer the petition to the Street & Alley Committee to refer to TAC. Seconded by Councilman Allen. Motion cazr ed. Chris Hunter, Director of Flathead 208 Drainage Lasociation, addressed the council o=e=n- ing the appointment of a board member from the City.. Mayor Happ appointed Councilman Grainger to the Board, who accepted providing the dates of 'their meetings maw it _pose 1e for him to attend. Karen Barbee addressed the council concerning the denial of a variance far a real Estate office which now houses only an insurance office. The variance was denied by the Enard of Adjustment. The property is located on South 'ri�air and Eighth Street West and owned by Garmen Meadows. Iris. Barbee asked what action the council has taken cancemn'r g the denial on. the request. City Attorney Donahue em lamed the history of the situation -md stated that they are trying to find BOA records an the variance granted in 1970. Councilman Griffin stated that when new zones wit.ss the City are approved, these variances will not be allowed after January 1, 2979•,. but there must be a rezoning. COMMITTEE REPORTS CITY DEVELOP= Councilman Grainger reported that he has met with a committee from the Chamber of Damme=e that is working on a sign ordinance for the City. It will be ready to present to the Council in the near future. EMPLO-f= Councilman Grainger had no report. SEWER & WATER Councilman Granmo had no report. I 7 2 Councilman Saverud stated that the County Health Boaxd has taken action against one septic tank installer. They have become very strict on new or remodeled seetic tank installation _and-regiii re rig :d inspection. SAFEl'Y" Councilman'O'Boyle -reported that he attended the Flathead County Safety Council on October 9th. The Council unanimously voted to recommend left turn lights for north and south bound trafficon.South 2.1ain and llth Street in Kalispell, and if this cannot be accomplished -that left-turn.lane be established by striping. .A petition .was -presented to the Council by Mr. and Mrs. Vaughn CaschetdelI Isle of 460 1thAve. _E. IT, ,:signed by 34 -residents of the area obijecting to the proposal to remove stop :signs at 7th Avenue E. N. at the intersection with Oregon Street. The .Council -recommended-further study of this area and that the petitioners remain active. Councilman 0*3oyle -read a.request that•Police Chief McDowell and Asst. Chief Hellman be allowed to-attend-_the:Police Chiefs Annual Convention in YEssoula on November 2nd and 3rd. CcunaL ma O'Boyle movers that the request be allowed if the budget is sufficient. Seconded by Lounciiman -Allen.. Motion carried. councilman 'OBoyle -read a Ilutter from the principal of Cornelius Hedges School request- -ng that there be !no parking' signs placed on lath Avenue rust in front of the school :to :allow -persons :and .busses delivering children more room. founc'i-tman "Grainger moved to -refer the request to the Safet-1 Committee to report back _avember 6th. �Seaondad :fby aounri mar Saverud. Motion carried. On :request of :Asst. Chief ]RED-1:mmn, Councilman 0'Boyle moved that the police department be a! lowed -to ;purchase :a -tactical alarm system under the crime prevention grant. Z=onded. by _Councilman -Allen. 2-lotion carried. !Councilman 'O'_Boyle _stated that he wi.11 call a noon meeting of the Safety Committee on iTriednesday, ;October :l$th to Aisa:* as a request to purchase a car for use by the detectives. Me :request :stated -that it :was mat feasible for 3 detectives to operate with 1 vehicle. :PAM :Councilman. medley -asked -the =r=dd to adopt a resolution asking for BOR funds for the rooming year'L= -the fa lowing ,purposes: 1): Meridian Park: Relocate 1 ballfield, nemave :l :ballfield, -purchase playground equipment and improve tennis courts; 2) North- = dge -'ark: �Instell irrigation.system, ballfield, aestrooms, playground equipment, 1 sdscagin _and'impxove tennis nourts; 3) Sunset Park: Ballfield, irrigation system, ail'aygraund equipment, -benches, oasketball courts and landscaping. Total estimated cost Is .S3B., OM.:OO, -Ui tyy':s shale is :;;19, 000. 00. a�?�;rrrnnTrnN 'N�..3'1?J9 I1our cEbnan -2eley moved -tao _abrpt solution No. 3199 a Resolution on Acquisition or Mevelrnment for :Outdaor Ra+^T•a = under the band and Yater Conservation Fund Program :in :the m- mount :of bonded by Councilman Griffin. Roll call vote. All mooted aye. GZONS ABK `iCURiS.T 3=R ,(Couneil-man_ildley n=epartad that the information center and museum had not been open this past mimm= :due :to -the -i-1 i-n of Larry Stem, lessee. However, Mr. Stem feels now that �he NiM Sze zahle -to mparate it mE t year and will let us know definitely by January 1, a579.. III' F& Mlc�R :ASl-en =epoaFed an lis meeting with the handicapped. They are trying to ticbtazn --a. model _ardinanae.. bgy 2xe satisfied with the parking assigned to them on the Estxeets_arid;asked-about the Immsibility of obtaining one spot in off-street parking. fiYa ,y ,wi= `. a=iish =and stickers to the handicapped and also to organizations that r mrport .hand:icapped pe arras CLUTION -NO.. -3200 Douncilman:2ilen:moved-to adapt Resolution No. 3200 a Resolution to Authorize and Direct the Uh ef:o :'Police and.Disector of Public Works to establish Eleventh Street as a through "� top"-stseet:and -to imztall appropriate signs therefor. Seconded by Councilman Daley. Roll call vote. Councilman h ifisn :voted no. All othe vute�h ayes. RtafirrT ,a-E adopted. ORDINANCE NO. 899 Councilman Allen moved to enact Ordinance Ta. B99 an ordinance to. amend Siazt'I. _ �T'-zur Kalispell City Code, to provide for no ;parking on portions of seventh ut—_at West and. South Main Street. Seconded by Councilman :Save _a. Roll call_ Qotie..-Grmznra7:mazz. voted no. All others voted aye. 0--di mn-cee -Pnarted. ANNM, TION FORDINANCE NO. 900 ICouncilman Griffin moved to enact 0_rdirn e 1%.. 90O an Ordinance to Ektend: the: City" Limits to include Buffalo Head Annexation f52 with R-A1 zoning with, the fallowing czsnrY itions: 1) That all water and sewer --ystems be :approved by the- Stat-T_-- ITnpar'tment: off" Health and the City of Kalispell; 2) -That a waiver of the right to prcxtast: car S= f';1= storm drains be presented to the City :of ::0i DeZ; 3) That t4se develacer 1: iut -the- units (91) within the exist; ng plan to � gl_e _fa_..ily detached and:. rosy ha isee unite acd� the design concept as submitted and an -= r� be est;:bl fished_ isr_ a_-=rdancei with- the new city ordinance; 4) That in addition --to the covenants, condLtiiona,. and- rea. � nrr4 submitted, the developer prepare for saaord±ng +_.o_meo-vmers Aseoaiat±=_ domazment- t= I= - vide for exterior maintenance of the _grounds., vDan space, stractures,. private` mm9Lmia7sy. snow removal, garbage collections, eta. -2zat the Eomeoimers Assaciati_osr_ tier re :vcns±2jTe for, but not limited to the above including �andrin , paving, sweeping;, iM uuhing-,. spa- ing, paslcing, etc.; 5) That the devalzr=r¢ mitre the City of B Tgp-11 p:ar�. and party to the covenants; 6) That the 3 acre Zdui=c mite as designated cur_ the- pra _ mired: by covenant and dedication on the final p�dat:; 7) That fire prctecti-mr. fhrr"T;-j be installed as required by the City :of T.LE2 -spell:; 8) That the privy stre_ts lie pain to a 21.E foot width; 9) That the City mf 1EalJspe2_1_ be held ha=f-aax fb= damaW to tame landscape by fire trucks and other city -vahi:cl:as iauri.ng the norm, al. am=a- of busisresu;;: 10) That the City will during repair -and mmdntmance of unde oQround_ utilities,. bed:. mml compact 1 foot around pipes, backfill mnd 1a-ave the final compaation-,. rapai.— off' Ian scape and roads to the Homeoimers Assoai_at1zn:; 1! ) That easemen to lie: proviAed- : o-r- maintenance and repair of the -underground rU2 itias; 12) `mat: "`km- pmi_vatW s% lie: . part of the common area for taxes assaus:eri to the 'homeowners; 13) That- letta=r of waiver for fire protection and garbage zollecti:on be received by heCity.- o:L K" Ala ezrr�T: prior to the City providing these services:; 24) That a var'ian.^e- ba- graszterl to__. tha> street design standards of the Subdiviamion R-agu!ations and City stands to al, a.r lox 24 foot private roads and that the design cof i=te=ections and +.ai_rrring;- rauiizs> cnr_ roadways be coordinated with the City i1' TR lispe31 Public 'Fork Dfrar.tm_-tbD fan ly e equipment access; 15) That park land Sze dadi�ated to the City of K � n1 L ate=-_hmnz: on the preliminary plat, and;. 16) :That the 1-and =a section of the Gbvenaazts auer,�� state the number of dwelling units Ram -teed mn each lot and wheth= -dt<x hed or< d as per the preliminary plat.. Seconded by Councilman Granmo. R. o11 mall vss Councilman W:;,TT; a �y� �,.; �;n v zacc_ All other councilmen voted --ye- Or --manor ena=`mod. j FEESOLUTION NO. 3201 Councilman Griffin moved to adopt Readiut vn 1o_ 3201 a resolpit±= the ammmve= ass m s=. 53 division of the City, Buffalo Fead -Addi-Linn Mo» 92. Seconded hy- Qaunu �Ima,•,-; Aaaarn;, aim call vote. Councilmen Williams and 1_r�iffTirn ;mod no. All ethers~ vatat: aye-_. adopted. FINANCE RESOLtUTION NO. 3202_� Councilman Williams moved to adopt 3202 a resz1wt±=. tw a ir as ttrras -ear among appropriations within a .general s��on of exrren± to . a- adapter by., tile City of Kalispell Budget fax 1977-78 3:5.=sra7 7�» Seconded bg Qmrr dJ2j r= At1111mr.. fffr= call vote. All voted aye.. MISCELLANEOUS Mayor Happ reported that the -Pub]ic :Se=vi_=e Mrmni:ssion unanim va�7 mavzapd tta thm proposed sewer charge of 851,1� of the cl us ted .vra ,,_, bill. Mayor Happ announced a meeting -of the _ZFO Ztaff .and the City Gonnca1? wt't T:3�)D LE. W..,, October 17th to discuss and review the ;new :fig and propozei di es.. BOARD Or ADJIISl P APPOIN ERE Councilman Allen moved to confirm the appointment of Al Miron by Mayor Rapp to a 3 year term on the BOA beginning October 16, 1978. Seconded by Councilman Grainger. Motion carried. Mayor Rapp read a letter of resignation from David "noose" Miller from the BOA effective November 13, 19'78. In his letter he stated that with the adoption of the new city code on zoning he will not be eligible to serve because of the residency requirement. Mr. Miller has just moved outside the city limits. Councilman Williams moved that the resignation of Mr. Miller be accepted with regret. Seconded by Councilman Saverud. Motion carried. LICEiiSE & PERMIT BONDS Hobert L. Mack dba Bob Mack Plumbing gas fitter Bond Robert L. Mack dba Bob Mack Plumbing plumber Bond Councilman Allen moved that all license and permit bonds reviewed by City Attorney .Donahue be approved. Seconded by Councilman Daley. Motion carried. Councilman Allen moved to .adjourn. Seconded by Councilman Grainger. Motion carried. M mutes approved .as -presented November 6, 1978. Marjo=e Giermann, City Clerk Norma E. Rapp, 14 or J6 RESOLUTION NO. 3201 A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL, MONTANA, BUFFALO HEAD ADDITION NO. 92. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. That pursuant to the petition of The Bank of Columbia Falls, filed with the City Council of the City of Kalispell, and the submission to said Council by said petitioners of a plat reflecting the survey and designation of that territory within the City of Kalispell which said petitioners request be approved as a subdivision therein, and pursuant to those provisions of Chapter 38, Title 11, R.C.M. 1947, as amended, that are applicable thereto and the duly adopted and enforced subdivision regulations of the City of Kalispell, the Council and Mayor do hereby approve that said territory shall become and be a subdivision of the City of Kalispell to be known as: BUFFALO READ ADDITION NO. 92 SECTION 2. The City Council, in considering this request, has found from the preliminary plat and evidence relating thereto, that said subdivision is in the public interest, and in making such finding, the Council has considred and weighed: (a) basis of need for the subdivision; (b) expressed public opinion; (c) effects on agriculture; (d) effects on local services; (e) effects on taxation; (f) effects on wildlife habitat, and (h) effects on the public health and safety. SECTION 3. As a condition of said approval, however, petitioner must agree to the following terms and conditions: (a) That all water and sewer systems be approved by the State Department of Health and the City of Kalispell; (b) That a waiver of the right to protest an SID for storm drains be presented to the City of Kalispell; (c) That the developer limit the units (91) within the existing plan to single family detached and row house units and the design concept as submitted and an RA-1 zoning be estab- lished in accordance with the new city ordinance; (d) That in addition to the covenants, conditions, and restrictions submitted, the developer prepare for recording Homeowners Association docu- ments to provide for exterior maintenance of the grounds, open space, structures, private roadways, now removal, garbage collec- tions, etc.; that the Homeowners Association be responsible for, but not limited to the above, including sanding, paving, sweeping, flushing, signing, parking, etc.; (e) That the developer make the City of Kalispell part and party to the covenants; (f) That the three acre church site as designated on the plat be assured by covenant and dedication on the final plat; (g) That fire pro- tection facilities be installed as required by the City of Kalis- pell; (h) That the private streets be paved to a 24-foot width; (i) That the City of Kalispell be held harmless for damage to the landscape by fire trucks and other city vehicles during the normal course of business; (j) That the City will, during repair and maintenance of underground utilities, bed and compact one foot around pipes, backfill and the final compaction, repair of land- scape and roads to be done by the Homeowners Association; (k) That easements be provided for maintenance and repair of the underground utilities; (1) That the private streets be part of the common area for taxes assessed to the homeowners; (m) That letters of waiver for fire protection and garbage collection !j be received by the City of Kalispell prior to the City providing these services; (n) That a variance be granted to the street design standards of the Subdivision Regulations and City stan- dards to allow for 24-foot private roads and that the design of intersections and turning radius on private roadways be coordinated with the City of Kalispell Public Works Director to facilitate equipment access; (o) That park land be dedicated to the City of Kalispell as shown on the preliminary plat; and, (p) That the land use section of the Covenants specifically state the number of dwelling units permitted on each lot and whether attached or detached as per the preliminary plat. SECTION 4. Upon preparation of a final plat in accord with the foregoing conditions, and upon approval thereof as provided by law and proper filing thereof in the office of the Flathead County Clerk and Recorder, said territory shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAY OF THE CITY OF KALISPELL, MONTANA, THIS loth DAY yOF OCTOB�E�R/ 1978- 1:0 Norma E. Happ, i4aa or ATt/TjE,ST: �1 `�A✓/ ..a,�. I P l F-+i-.P/%.n,?A (ice �-/ City Cl rk ORDINANCE NO. 900 AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REALTY TO BE KNOWN AS BUFFALO HEAD ADDITION NO. 92 WITNESSETH: WHEREAS, by petition of the Bank of Columbia Falls, resident freeholder of more.than 51% of the certain real property situated outside the boundary of the City of Kalis- pell, but contiguous thereto, the City of Kalispell was, on June 7, 1978, requested to adopt a Resolution of Intention to consider annexation of said realty to the City of Kalispell; said realty being more particularly described in Exhibit "A" attached hereto which, by this reference, is made a part hereof; and WHEREAS, the City Council in response to said petition did, on August 9, 1978, adopt Resolution No. 3191 to consider the annexation of said realty, to be known as Buffalo Head Addition No. 92; and, pursuant thereto, the City Council did set a public hearing to be held on said petition, and due and proper notice of said public hearing was given by the City Clerk; and WHEREAS, said public hearing was duly held by the City Council pursuant to said notice at its regular meeting on October 2, 1978; and, at such public hearing, the City Council, after consideration of the report made and filed as required by Section 7-2-4731, MCA, and hearing all evidence presented on said petition, did find that all standards for annexation, set out in Section 7-2-4734, MCA, were met and duly considered; and WHEREAS, the City does intend to provide all services to said realty being annexed as are set forth in the report made to and filed with the City Clerk as required by Section 7-2-4731, MCA; and WHEREAS, the effective date of said annexation should be the date that the City Clerk does, pursuant to order of the Council, file with the Flathead County Clerk and Recorder, a copy of the record as entered on the minutes of the council of these proceedings; and WHEREAS, pursuant to Section 6.71(A), of the City of Kalispell Zoning Ordinance, as adopted November 30, 1977, the proper zoning district classification to be applied to such annexed territory.is: Residential Apartment (RA-1). NOW THEREFORE., BE IT ORDAINED THAT: 1. The real property as is more particularly described in Exhibit "A" attached hereto, shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide; and 2. If, within twenty (20) days of the 2nd day of October, 1978, said date being the date of the public hearing held by the City Council on the Petition to Annex and as a result of Resolution No. 3191, there are not received by the City Clerk expressions of disapproval of this annexation made in writing by a majority of the resident freeholders of said area to be annexed, the City Clerk is directed to then make and certify, under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City, and forthwith file said document with the Flathead County Clerk and Recorder; and 3. From and after the date of said filing of said document as prepared by the City Clerk, said annexed territory is a part of the City of Kalispell and said territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. 4. All of said realty so annexed to the City shall be a Residential Apartment (RA-1) under the City of Kalispell Zoning Ordinance as adopted November 30, 1977. FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 19th DAY OF MARCH,. 1979. t 1942&' Norma E. Happ, Ma oY Marjor'e Giermanr., City Clerk — 2 — -rf-tCiA, portions of Government Lots 3 and 4 of Section 6, Township •28 North, Range 21 West, M.P.M., Flathead County, Montana, dcescriba-d as. fol loos : Commencing at the South Quarter Corner of Section 31, Townships 29 Forth, Range 21 West, M.P.M., Flathead County, Montana; thence: South 88' 38' 58" West a distance of 1007.47 feet to the Point of Beginning which point is on the South line of Grandview Drive, a County Road; thence along the South line of the road North 89° 38' 44" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 360 22' 00" Wast a distance of 271.21 feet (South 360 22' 00" West 272.01 feet record); thence South 530 28' 47" East a distance of 311.51 feat (South 53e 38' 00' East 312.00 feet record); thence South 34' 45' 32" East a distance of 229.84 feet (South 340 56' 00" East 230.00 feet record); thence .South 090 45' 29" East a distance of 232.11 feat (South 094 56' 00" East 231.95 feet record); thence South 00° 24' 13" East (South 00' 34' 00" East record) a distance of 31.24 feat; thence South 000 55' 43" East (South 00' 34' 00" East record) a distance of 124.22 feet; thence South 890 53' 02" East a distance of 426-35 feet to the West lime of Grandview Drive; thence along the West line of the road North 020 51' 44" West a distance of 1132.42 feet to the Point of Begir_nir g . hm A tract of lard in Government Lot 3 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follmxss Co7:tz en,:inc. at the South Quarter corner of Section 31, Township 29 North Range 21 tdest, M.P.M_, Flathead County, Mo7_tai.a; thence South 250 23' 46" West a distance of 359.94 feet (South 25® 49" Est: 361.00 feat record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765, records of Flathead County, Montana; thence along the West and North lines of said parcel South 28' 44' 00" West a distance of 429.10 feet South 850 44' 00" West a distance of 552-05 feet -to the East line of Grandview Drive; thence along the East line of the read North 02" 51' 47" West a distance of 135-71 feet to the Southerly lire of that parcel described in instrument recorded in Book 439 Dage 594, ra...:___.i of flathead CoL?nt-, _..e t;i and 1'a.3t 1.i 7.r.:i zi—el the fo11«wil.ki . -)Uls5 -S. North 860 42' 25" East (north 87" 04' 00" Eastrecord) a :ssstax�� of 132.04 fe.:t; then.:, North 450 06' 44" East a distar_c� of 135.35 feet (North 450 12' 00' East 134.30 feat record); thence South 870 25' 37" East a distance of 164.01 feat (South 800 02' 00" East 165.50 feat record); thar_ce North 040 04' 29" East (North 030 32' 00" East record) a distarce of 329.00 feat and South 671 49' 24" East (South 680 26' 00" East record) a dista7r_ce of 376.50 feet to the Point of Beginnirg. PETITION TO CREATE SPECIAL IMPROVEMENT DISTRICT IN CITY OF KALISPELL, MONTANA TINDER THE PROVISIONS OF SECTION 11-2200 R.C.M. 1947 WE, the undersigned, owners of real property in the area described :below, do by this instrument petition the City of Kalispell, to adopt a resolution of intention to create a Special Improvement District and to perform such other actions as prescribed by law for that area de- s.cribed.below, for the purposes of designing and constructing a sani- tary sewer collection system, water distributikn system, and streets thereupon, more particularly described below. l.. The area of the said Special Improvement District shall snclucle Those :portion.s of Government Lots 3 and 4, Section 6, Township 28 North, Mange 2:1 [Vest, Flathead County, Montana, described as follows: ,rnsmnencing at the South a corner of Section 6; thence South 880 38' 58" ,West 20'0-7.47 feet to the Point of Beginning, which point is on the South line of Grandview Drive, a County Road; thence along the South lane of the Road North 890 38' 44" West 631.95 feeti thence South 157.26 feet; thence South 36 22' 57" West 271.21 -feet (South 36 22' 00" West 272..'Ol feet Record); thence South 530 28' 47" East 311.51 feet (South 53a 38' 00" East 312.00 feet Record); thence South 340 45' 32" East 22:9.84 -feet (South 340 56' 00" East 23g.00 feet Record); thence South b9°-45' 29" Ean 232.11 feet (South 09 56' 00" East 231.95 feet Record); thence :South 00 24' 13" East (Soutn 000 34' 00" East Record) 31.24"feet; thence _South 000 55' 43" East (South 000 W 00" East Record) 124.22 feet; thence South 890 53' 02" East 426.35 feet to the West line of Grandview :Drive; thence along the West line of the Road North 020 51' 47" West 1132-42 feet to the Point of Beginning; 'TDGETHER WITH that portion of Government Lot 3, Section 6, Township 28 S\IDrth., Range 21 West, Flathead County, Montana, described as follows: Zi m nr ng at the South a of Section 31, Township 29 North, Range 21 'West., -thence South 250 23' 46" West 359.94 feet (South 250 49" West 361..'00 feet Record) to the Point of Beginning, which point is on the West line of that Parcel described in instrument recorded in Book 457, Fa;ge 76`5, records of Flathead County; thence along the West and North lime-s -of said Parcel South 280 44' 00" West 429.10 feet and South 850 44" 'OD" West 532.05 feet to the East line of Grandview Drive, a County Read; thence along the East line of the Road North 020 51' 47" West 333..21 feet to the Southerly line of that Parcel described in instrument �ezo .ded in Book 439, Page 594, records of Flathead County; thence along the South and East lines of said Parcel the following courses: North ]8`60 42' 25" East (North 870 04' 00" East Record) 132.04 feet, North -430 0.6" 44" East 135.35 feet (North 45 12 80" East 134.30 feet Record), Knuth B-° 25' 37" East 164.01 feet (South 88 02' 00" East 165.50 feet Record)., North 040 04' 29" East (North 030 32' 00" East Record) 329.00 fzet and .South 670 49' 24" East (South 690 26' 00" East Record) 376.50 -feet to the Point of Beginning, containing as a whole 19.342 acres of land.. .A;z shDwn on the accompanying Exhibit "A". 2. General Intent: To develope engineering plans and to con- struct a sewage collection system, water distribution system, and streets to serve the Special Improvement District. 3. Cost of Improvements: The estimated cost of improvements is $300,000. 4. Engineer in Charge: The firm of Thomas, Dean and Hoskins, Inc., of Great Falls, Montana, shall plan design, inspect, and recommend accept- ance of the proposed system. SIGNED: Exec. is Presi ent REPRESENTING' BANK OF COLUMBIA FALLS DATE: March 16, 1979 ATTEST: Vice President DATE: March 16, 1979 t- -14czk, portions of Ga-�rnmz lnt Lots 3 and 4 of Ser:tion 6, Township 28 North, Range 21 4 t, M.P.M., Flathaad Coun( , Montana, described as follows: Conun,c1n,A11g at the South Quarter Corner of Section 31, Township 29 North, Range 21 6Tast, M.P.M., Flathead County, Montana; thence South 88" 38' 58" West a distance of 1007-47 feet to the Point of BecjjlI:iZ:g cgtLich point is on the South line of Grandview Drive, a County Road; thence along the South line of the road North 890 38' 44" West a distance of 631.95 feet; thence South a distance of 157.26 feat; thence South 360 22' 00" ITest a distance of 271.21 feet (South 360 22' 00" West 272.01 feat record); thence South 530 28' 47" East a distance of 311_51 feet (South 53' 38' 00" East 312.00 feet record); thence South 340 45' 32" East a distance of 229.84 feet (South 34° 56' 00" East 230.00 feet razord); thence .South 090 45' 29" East a distance of 232.11 feet (South 090 56' 00" East 231.95 feet record); thence South 000-24' 13" East (South 00° 34' 00" East record) a distance of 31.24 feet; thence South 000 55' 43" East (South 000 34' 00" East record) a distance of 124.22 feet; thence South 890 53' 02" East a distance of 426.35 feet to the Wast line of Grandview Drava; thence along the West line of the road North 020 51' 44" West a distance of 1132.42 feet to the Point of Begirr_irg . 1N D A tract of lard in Government Lot 3 of Section 6, Township 28 North, Range 21 Wast, M.P.M., Flathead County, Montana, described as follows: Cormencinc: at the South Quarter corner of S�-ctior. 31, Township 29 North Range 21 west, M.P.M. , Flathead County, Montai:a; thence South 250 23' 46" West a distance of 359.94 feet (South 250 49" 19cst. 361.00 feet record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765,records of Flathead County, Montana; thence along the west and North lines of said parcel South 280 44' 00" West a distance of 429.10 feet South 850 44' 00" west a distance of 552.05 feet to the East line of Grandview Drive; thence along the East line of the road North 020 51' 47" .Nest a distance of 135.71 fee-` to the Southerly line of that parcel described in instrument recorded in Book 439 oaga 594, iC C of --'3_athea,2 Co-u'.t' :'r *_ �_� r t �T...___^' 1c ..Cn .e ane East 0 i 3T"-11 the f01 1owil-tf \ortll $6- -I2' 25' East (worth 870 04' DO" East r,!Lord) a distal.,;, of 132.04 f�tt; th,n,:,a North 450 06' 44" East a distar_c� of 135.35 feet (;north 450 1.2' 00" East 134.30 feat record); thence South 87° 25' 37" East a distance of 164.01 feet (South 880 02' 00" East 165.50 feet record); ther_ce -North 040 04' 29" East (North 030 32' 00" East record) a distance of'329.00 feat and South 670 49' 24" East (South 681'26' OD" East record) a distance of 376.50 feet to the Poirt of Beginnirg. THE REGULAR MEETING OF THE .ISPE1L CITY COUNCIL WAS HELD f 7:30 P.M. MONDAY, MARCH 19, 1979 in THE COUNCIL CH. -SERS AT CITY HALL. MAYOR HAPP ESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of February 19, 1979 be approved as presented. Seconded by Councilman Williams. Motion carried. Councilman Daley moved that the minutes of the regular meeting of March 5, 1979 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. CITY OFFICIALS REPORTS City Clerk for December 1973 and January 1979. City Treasurer for January 1979. Director of Public Works, Police Chief and City Judge for February. Councilman Saverud moved that city officials reports be accepted. Seconded by Councilman Daley. Motion carried. PUBLIC HEARING — Ordinance .tti extend zoning to October 1, 1979. Mayor Happ asked for discussion from proponents or opponents to the extension of time when all property within the City shall be zoned in accordance with the new zoning ordinance. Councilman Griffin explained that it has taken a great deal of time to ascertain zoning for all the areas, and public hearings take more time. There were no opponents to the ordinance. ORDINANCE #915 Having heard the second reading, Councilman Griffin moved to enact Ordinance #915 an ordinance to amend Ordinance #902 to extend to October 1, 1979 when all property within the city shall be zoned in accord therewith. Seconded by Councilman Daley. Roll call -vote. All voted aye. ADDRESSING THE COUNCIL Mayor Happ called three times for anyone wishing to address the council. No one responded. FINANCE Councilman Williams had no report. .ANNEXATION RESOLUTION #3225 Councilman Griffin moved adoption of Resolution #3225 a resolution to approve Hal l• Resubdivision #98. Seconded by Councilman Granmo. Roll call vote. All voted aye. Councilman Griffin moved the first reading of an ordinance to establish A, B, D; & G Zones in certain areas within the City of Kalispell. Seconded by Councilman Daley. 'Roll call vote. All voted aye. Councilman Griffin announced a public hearing at 7:30 P.M., March 28, 1979 in the Community Room of Courthouse East Annex on establishing zoning for 0, P, & Q areas. IiEVELOPERS DIVERSIFIED PROPOSED AGREEMENT Councilman Griffin announced that the annexation committee have reviewed the proposed agreement for Developers Diversified and have agreed to have this area as well as the Entire Buffalo Hill area referred to the City County Planning Board for public hearing. This hearing will be scheduled for early April. Developers Diversified have been so motif ied. DRDINANCE .-900 Having heard the second reading, Councilman Griffin moved to enact Ordinance #899 an ordinance to extend the city limits to, include Buffalo Head Annexation #82. Seconded by'Councilman Gr-anmo. Roll call vote. All voted aye. RESOLUTION NO. 3226 L ,� Councilman Griffin moved to adopt Resolution No. 3226 a resolution.of intention to create S.I.D. #328 in Buffalo'?tead Addition # 92 at a cost of $300,000. The petition requests that Thomas, Dean & Hoskins, Engineers be retained for engineering services. Seconded by Councilman Granmo. Roll call vote. All voted aye. Councilman Griffin announced a work session for the City County Planning Board and Zoning Commission at 7:30 P.11., Harch 20, 1379 in the Council Chambers for the purpose of discussing zoning for sections H, I, J (5 & 11) which is everything north of Idaho St. RESOLUTION NO. 3227 Councilman Allen moved to adopt Resolution 'No. 3227 a resolution authorizing the Mayor to sign a "Memo of Understanding" between the City and the State Highway Dept. for reconstruction of Idaho Street. Seconded. by Councilman Grainger. Roll call.vote. All voted aye. Councilman Allen announced that he should have an ordinance on handicap parking ready for the first reading at the next regular meeting. On request of several property owners, Councilman Allen moved to enforce one-way traffic going north in the alley from second street to third on 1st Avenue East. (Alley behind the Library). Seconded by Councilman O'Boyle. Motion carried. Councilman Allen moved that council approval be' given for the Director of Public Works and Police Chief to install parking meters and a traffic pattern on 1st Avenue East from Center to Main. (Around Depot Parts - North side). Seconded by Councilman O'Boyle. Motion carried. TAC will meet at the Highway Department: at 9.30 A.M., March 20, 1979. Director of Public Works Kain reported that they are still trying to determine the cause of the cave in on Sherry Lane. It has been determined that it is not a water or sewer problem. It could be the run-off through the silt has'been washing underneath to cause the damage. The State is doing core drilling on Woodland! Avenue to determine the cave-in damage in that area. GAIMLING Councilman Daley announced that the'gambliug committee has approved a dealers license for Jason Bradley Robey. PARKS Councilman Daley stated that a City -County Recreation program will be discussed further at the Tri-City I4eeting this month. The three Tri-Cities, with approximately 35% of the population are paying 80% of the Parks and Recreation Budget; while the County, with approximately 70, of the population is paying 20% of all county Parks and Recrea- tion Budgets. flathead County receives several large payments from Federal, local, and Forest Service above their regular mill budgets. We feel this should be considered when making up the County budget and therehy increase the County Parks and Recreation Budget. SAFETY ORDINANCE #917 Having heard the second reading, Councilman G'Boyle moved enactment of Ordinance #917 an ordinance to amend the Kalispell City Codes regarding alcoholic beverages or to whom alcoholic beverages may be said, given or furnished from eighteen to nineteen years of age. Seconded by Councilman Grainger. Roll call vote. All voted aye. ORDINANCE 11918 Having heard the second reading, Councilman O'Boyle moved enactment of Ordinance #918 an ordinance to amend Section 17-23a) of the Kalispell City Code to prohibit driving a motor vehicle while under the influence of intoxicating liquor or drugs in the City. Seconded by Councilman Grainger. Roll call vote. All voted aye. CITY DEVELOPI4ENT Councilman Saverud moved that Mayor Happ•be authorized to sign an agreement between First Federal Savings & Loan Association of Kalispell and the City of Kalispell. The parties desire to achieve maximum benefit from the use of Community Development Block Grant funds available to the City th.rouE;h leveraging of these funds with funds made available by the lender. Seconded by Councilman Williams. Motion carried. i" c a 'Councilman Saverud moved at Mayor Happ be authorized to _&n a contract with Larry Gallagher as a consultant on the Elrod Neighborhood Development Project (HUD) at the rate of $35.00 per hour. Seconded by Councilman O'Boyle. Motion carried. RESOLUTION #3228 Councilman Saverud moved to adopt Resolution #3228 a resolution to alter the boundaries of the City Special Lighting District. Seconded by Councilman Williams. Roll call vote. All voted aye. RESOLUTION #3229 Councilman Saverud moved to adopt Resolution #3229 a resolution to alter the boundaries of the Oil Sprinkling District #2. Seconded by Councilman Williams. Roll call vote. All voted aye.. SEWER & WATER Councilman Granmo reported that the Committee will be meeting a representative of Wright -McLaughlin and a representative of a land injection application equipment firm about various methods of dealing with the sludge problem. The engineers have determined that the sludge is not being mixed evenly before being dispensed and have come up with an idea to inject air into the sludge to take care of this problem. The cost would be approximately $3500.00. It could have a good effect on the odor problem. Councilman Granmo moved that the sewer'& water committee be given power to act on the decision to inject air into the sludge. Seconded by Councilman Saverud. Motion carried. Doug Daniels reported on the water well. Liberty Drilling is installing the pump today. Lyford Plumbing is starting tomorrow on their schedule and Ross Construction will begin work on the pump house on April 1st and will be completed by May 15th. By June Ist all clean up work will be done and the project finished. All supplies are on hand. It will have to be'decided whether or not to install auxiliary electric heat and whether to insulate the building. INSURANCE Councilman Grainger reported that all insurance policies have been reviewed by Gwen Biggar, Flathead Insurance Consultant, and himself. Some things have been deleted and others added. There is liability coverage on everything. Councilman Grainger reported that our insurance rating is very good and will be better when the move is made into the new building. Asst. Fire Chief Larson stated that one of the main things that helps insurance ratings is 'training'. This will be accomplished when they move. A movie company is planning to shoot some scenes in the Conrad Mansion and will provide a certificate of insurance to cover any kind of damage that might occur. MISCELLANEOUS At the request of Mayor Happ, Councilman Saverud moved approval of the appointment of Laura Steele to replace Mary Rooney on the Parking Commission. Seconded by Councilman Allen. Carried. Mayor Happ expressed her thanks to Mary Rooney for her effort and contribution to the commission during the year she served. Mayor Happ announced that she and members of the council have been invited to the Air Base reception to be held at the Elks Club from 7 to 9 P.M. 'on April 2, 1979. This being regular council meeting time, the council agreed to begin their meeting at 6:30 P.M. and attend the reception after. Mayor Happ reported on her trip to Helena last Friday and her efforts to gain enough support to pass the Forest Service Land Bill. Mr. Bill Wheeler also was in Helena for the same reason. Mayor Happ. stated that she presented the plea for the cities and representatives of counties followed with their arguments to retain all of the forest service monies. The bill was killed in committee, but enough support was gained to reintroduce it on the floor. Mayor Happ asked everyone who could, to call their representatives in support of the bill. 41 ) Councilman Allen moved to adjourn. Seconded by Councilman Saverud. Motion carried. Minutes approved as presented April 2, 1979. Norma E. Happ, Ma or ATTEST: MaYbrie Giermann, City Cleric RESOLUTION NO. 5_Z Z L A RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 328. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. That it is the intention of the City Council of the City of Kalispell, Montana, to create Special Improvement District No. 328 for the following described property, except public streets and public parkland therein, attached hereto as Exhibit "A" and by this reference made a part hereof. SECTION 2. That the general character of the improvements to be made in said proposed Special Improvement Districtis designing and constructing a sanitary sewer collection system, water distribution system, and streets thereupon. SECTION 3. That the estimated cost of said improvements is $300,000.00. SECTION 4. That the entire cost and expense of said improve- ments shall be assessed against each lot within the district to be assessed for that part of the whole cost which its area bears to the area of the entire district. SECTION 5. That said assessment shall be paid for in full upon completion of the contract, or shall be paid in 20 equal installments, hereby extended over a period of 2.0 years. Said assessment shall constitute a fund to be known as Special Improve ment District No. 328. SECTION 6. That said improvements shall be paid for in Special Improvement District Warrants issued against said district in sums not to exceed.$1,000.00 each, bearing interest at a rate that is no greater than allowed by the laws of the State of Mont- ana from the date of registration until called for redemption or paid in full. SECTION 7. That on the Va2`_ day of 1979, at 7:30, p.m., in the Council Chambers of the 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 or the creation of said district. SECTION 8. The City Clerk is hereby authorized and directed to give the proper notice of the passage of this resolution by publication and mailing as required by law, such publication to be made in a daily newspaper and/or a weekly newspaper published in the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS 19 DAY OF March , 19 79 Mayor ATTEST: City Cle EXHIBIT "A" Those portions of Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter Corner of Section 31, Town- ship 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 88038158" West a distance of 1007.47 feet to the Point of Beginning which point is on the South line of Grandview Drive, a county road; thence along the South line of the road North 89038144" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 36022100" West a distance of 271.21'feet (South"360 22100" West 272.01 feet record); thence South 53028147" East a distance of 311.51 feet (South 530 38100" East 312.00 feet record); thence South 34045'32" East a distance of 229.84 feet (South 340 56100" East.230.00 feet record); thence South 09045'29" East a distance of 232.11 feet (South 090 56100" East 231.95 feet record); thence South 00°24'13" East (South 00034'00" East record) a distance of 31.24 feet; thence South 00155'43" East (South 00°34'00" East record) a distance of 124.22 feet; thence South 89053'02" East a distance of 426.35 feet to the West line of Grandview Drive; thence along the West line of the road North 02051147" West a distance of 1132.42 feet to the Point of Beginning. AND A tract of land in Government Lot 3 of Section 6, Town- ship 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter corner of Section 31, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 25023146" West a distance of 359.94 feet (South 250 49" West 361.00 feet record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765, records of Flathead County, Montana; thence along the West and North lines of said parcel South 28044'00" West a distance of 429.10 feet South 85044'00" West a distance of 552.05 feet to the East line of Grandview Drive; thence along the East line of the road North 02151'47" West a distance of 135.71 feet to the South- erly line of that parcel described in instrument recorded in Book 439 page 594, records of Flathead County, Montana, thence along the South and East lines of said parcel the following courses: North 86042'25" East (North 87004'00" East record) a distance of 132.04 feet; thence North 45°00'44" East a distance of 135.35 feet (North 45012' 00" East 134.30 feet record); thence South 87025"37" East a distance of •164.01 feet (South 88002' 00" East 165.50 feet record); thence North 04004'29" East (North 03032'00" East record) a distance of 329.00 feet. and South 67049'24" East (South 68026'00" East record) a distance of 376.50 feet to the Point of Beginning. CITY OF KALISPELL MONTANA NOTICE OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 328. NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Kalispell, Montana, to create Special Improvement District No. 328, for the purpose of designing and constructing a sanitary sewer collection system, water distribu- tion system, and streets thereupon in that certain area described in Resolution No. 3 2 Z (,. , which Resolution is filed in the office of the Kalispell City Clerk, and which area is more particularly described as follows: Those portions of Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter Corner of Section 31, Town- ship 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 88038158" West a distance of 1007.47 feet to the Point of Beginning which point is on the South line of Grandview Drive, a county road; thence along the South line of the road North 89038'44" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 36122'00" West a distance of 271.21 feet (South 36° 22'00" West 272.01 feet record); thence South 53°28'47" East a distance of 311.51 feet (South 530 38'00" East 312.00 feet record); thence South 34045'32" East a distance of 229.84 feet (South 340 56'00" East 230.00 feet record); thence South 09'45'29" East a distance of 232.11 feet (South 090 56'00" East 231.95 feet record); thence South 00024'13" East (South 00034100" East record) a distance of 31.24 feet; thence South 00055'43" East (South 00034100" East record) a distance of 124.22 feet; thence South 89053'02" East a distance of 426.35 feet to the West line of Grandview Drive; thence along the West line of the road North 02051'47" West a distance of 1132.42 feet to the Point of Beginning. AND A tract of land in Government Lot 3 of Section 6, Town- ship 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter corner of Section 31, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 25023146" West a distance of 359.94 feet (South 250 49" West'361.00 feet record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765, records of Flathead County, Montana; thence along the West and North lines of said parcel South 28044'00" West a distance of 429.10 feet South 85044'00" West a distance of 552.05 feet to the East line of Grandview Drive; thence along the East line of the road North 02051'47" West a distance of 135.71 feet to the South- erly line of that parcel described in instrument recorded in Book 439 page 594, records of Flathead County, 'Montana, thence along the South and East lines of said parcel the following courses: North 86°42'25" East (North 87*04'00" East record)• a distance of 132.04 feet; thence North 45006'44" East a distance of 135.35 feet (North 45012' 00" East 134.30 feet record); thence South 87025137" East a distance of 164.01 feet (South 88102' 00" East 165.50 feet record); thence North 04004'29" East (North 03032'00" East record) a distance of 329.00 feet and South 67049'24" East (South 68°26'00" East record) a distance of 376.50 feet to the Point of Beginning. The estimated cost and expense of said improvements is $300,000.00. The cost of said improvements will be assessed against all of the property within the district on an area basis as set forth in said Resolution of Intention_ hereinabove referred to, and may be paid for in full on completion of the contract, or in 20 equal installments extending over a period of 20 years. The City Council will hear and pass upon any protests that may be made against the making of said improvements, or the creation of said district, at a regular meeting of the City Council to be held in the Council Chambers of the City Hall, in the City of Kalispell, Montana, at 7:30 p.m., on 1979. Protests, if any, must be in writing and filed with the Kalispell City Clerk at the Kalispell City Hall not later than 5:00 p.m. on m P —7 1979. DONE BY ORDER OF T$E CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF 19 7 9 . PUBLISH: ! -is 79 41, /6 7� 41-1,-7% l Mar3orie iermann, City Clerk - 2 - STATE OF MONTANA ) ss. County of Flathead ) I, MARJORIE GIERMANN, being first duly sworn, depose and say: 1. That I am the duly appointed City Clerk of the City. of Kalispell, Montana. 2. That pursuant to Resolution No. 3226 as passed by the City Council of said City on the 19th day of March , 2979, I caused to be published in the Daily Inter Lake, a daily news- paper published in Kalispell, Montana, for five (5) successive days of publication, beginning 4/15/79 , the attached "Notice" relative to creation of Special Improvement District No. 328. Also, on April 15 , 1979 I deposited in the U. S. Mail, at Kalispell, Montana, postage prepaid, a true written copy of said "Notice" addressed to the following: Bank of Columbia Falls P. O. Box 280 Columbia Falls, Montana 59912 Buffalo Head Properties c/o Stanley W. Pine 205 Bachelor Goode Road Kalispell, Montana 59901 / Y "e-,'ctz. City UA' erk Subscribed and sworn to before me this _;,).e,/P day of 1979. Notary Public for -the St/ate of MT (SEAL) Residing at Kaiispell,,I-Iontana My Commission expires'-' i G� MARQUARDT ENGINEERING U SURVEYING CIVIL ENGINEERING AND LAND SURYEYING 1031 SOUTH MAIN - PHONE 406-755-62&S KALISP.ELL. MONTANA 39901 April 11, 1979 Norbert Donahue Kalispell City Attorney Kalispell, Montana 59901 Re: Legal Descriptions for Buffalo Head Subdivision and SID Dear Norbert: l have checked the two legal descriptions which you provided me with yesterday: one being the legal description sho:.m on the Certi- ficate of Dedication of the Buffalo Head subdivision plat and the other being the legal description used in the Resolution of Intention for the SID. I have found that the two legal descriptions both describe the identical property on the ground. Therefore, I see no problem with the fact that the wording in the descriptions is not identical. Very truly yours, K. Marquardt DKMzcm cc: Stan Pine ENGI;NEE;R]4G - ELMNING - SLJRVi-YlN _ - a jnr fw. City Of Kalispell Phone 406-755-5457 P.O. Box 1035 Kalispell. Montana 59901 The Daily Inter Lake 300 First Avenue West Kalispell, Montana 59901 Rez Special Improvement District No. 323 Gentlemen: Please publish the enclosed Notice for five (5) successive days beginning as soon as possible. Upon completion thereof furnish me with your Affidavit of Publication and bill the City of Kalispell for the publication costs. Very truly yours, 1KAR0 IE GIENr-1ANN City Clerk MG:- fo encl- STATE OF MONTANA 1 County of Flathead J a. No.3391 CITY OF KALISPELL. ; MONTANA NOTICE OF INTENTI- TO CREATE SPECIAL IMPROVE- I MENT DISTRICT NO. 328. NOTICE IS HEREBY GIVEN that it is the intention of the City ; Council of the City of Kalispell, I Montana, to create Special Improvement District No. 328, for the purpose of designing and con- strutting a sanitary sewer collet- I Lion system, water distribution system, and streets `Iereupon in . that certain area described in Resolution No. 3226, which Resolution is filed in the office of the Kalispell City Clerk, and which, area is more particularly described as follows: . - Those portions of Government] Lots 3 and 4 of -Section Tj Township 28 North, Range 21.1 West, M.P.M., Flathead County, Montana, described as follows: ,I Commencing at the Souzha Quarter Corner of Section 31, Township 29 North, Range 211 West;, M.P.M., Flathead County Montana: thersce South 88°38'58" West distance + of 1007,47 feet to the Poinj of,j Beginning which point is onithe-j South live of Grandview Drive, a I - cosmty, .road; thence along '+he' South lime of the road - ° } North 89°33'44" West a distance 'of 631.95 feet; thence South a dis- tance of 157,26 feet; thence - South 36'22'00" West a distance of 27121 feet (South 36°2;''W West272.01 feet record); thence South '53'28'47" East a disanIs of 311.51 feet (South 53'38'W East 3L"..CO feet record); thence South 34°4Y32" East a distance of 22914 feet (South 34°56'00" East 230.00 feet record); thence South 99'45'29" East a distance EA =-,,I1 feet (South 09°56'00" East 231.95 feet record): thence. South 002413" East (South.'... Wn,1'00" East record) a distance of 3124 feet: thence - South .00°55'43" East .(South 04°34'00" East record) a distance of 12422 feet; thence South 89°a3'02" East a distance or 426M feet -to the West line of Comodview Drive; thence• along.-, the.-vkst:line, of the road ' I- Noctbfl2°51'47"Westa distance aof I332.42 feet .to- the .Point of Beginning. Janice Dunkin being duly sworn, deposes and says: That _fi—he is __p=i3lcipa1.__clerk_.___ of the DAILY INTER LAKE, a (PRINTER, PUBLISHER OR PRINCIPAL CLERK) daily newspaper of general circulation, printed and published in the City of KalLspell in the County of Flathead, State of Montana, and that the Notioe of Intention to Create- Special Improvements a spy of which is hereto attached, was printed and published in the regular and entire issue of said paper, and in each and every copy thereof on the dates of- ,L�Yt.{.C�-E'er Subscribed and sworn to before me this 1-5.1t13__day A. D. 19 79 t AND A tract of land in Government Lot 3 of Section. 6, Township 28 North, Range 21 West, bI.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter comer of Section 3L Township 29 North, Range 21 West, M.P.M., Flathead County, Montana: thence South 25'23'W' West distance of n59.94 feet (South 25'49" West 351-00 feet record) to the Point of Beginning,. which point is on the west lime of that parcel described in mstrument recorded in Book 457 page 765, records of Flathead 'County, Montana;. thence along -.1he West and North lines of said.. *iTcel S . • - r tii 't�tGe.C�.J �Yt A7„s.,...._ n...r.r;.�,,.t,•.�.it„S�Sf'�'ff3n—f''.,ip$�' Residing i ^ (([ - LC.t� My coramissiort expires ._c�L-.� South 28°44'00" West a distance of 429.10 feet • South 85°44'W' West a distance of 552.05 feet to the East line of Grandview Drive; thence along the Fast line of the road North 02°5l'47" West a distance of 135.71 feet to the Southerly line of that parcel described in instru- ment recorded in Book 439 page 594, records of Flathead County, Mantans, thence along the South and'East lines of said parcel the following courses: North 86'42'25" East (North 87'04'00" East record) a distance of 132.G4 feet; thence North 45't'6'44" East a distance of 135.35 feet (North 45-12-00" East 134.30 feet record); thence South 87'25'37" East a distance of 164.01 feet (South 88'02'00" East 165.50 feet record); thence _ North 04'04'29" East (North.._ i 03°32'00" East record) a: distange. of-n29.GG feet and :-=-'-` �J South 67°49'24" ' East (Soutf 64'26'00" East record) a distance Of 376.50 feet to the Point of Beginning. The estimated cost and expense of said improvements is i83W.000.00. The cost of said improvements .rill he assessed against all of the pr(ip:rty within the district on an area basis as set forth in said Resolution of Intention hereinabove referred to, and may be paid for in full on completion of the contract, or in 20 equal install- menu extending over a period of 20 years. The City Council will hear a pass upon any protests that may be made against the making of said improvements, or the crew• i tion of said district, at a regular meeting of the City Council to be I held in the Council Chambers of the City Hall, in the City of 'Kalispell, Montana: at 7:30 p.m.,� an May 7, 1979. , Protests, if any, must be In writing and filed with the Kalispell City Clerk at the Kalispell City Hall not later than , 5:00 p.m., on May 7, lW9. DONE BY ORDER OF THE I CITY COUNCIL OF THE CITY .� OF KALISPELL. MONTANA, THIS 19th DAY OF MARCH, U-M. t Marjorie Giermann Marjorie GiPrmann, City Clerk April 15, 14, 17, 18. 19, 1979. , L,C)i� .TIIE .REGULAR MEETING OF :TIIE-KALISPELL CITY COUNCIL MET AT 7:30 P.M. MONDAY, M., 7, 1979 -TN SHE Ctl •M?RS .AT ,CITY :HALL- XAY01'_ IL1PP _ 3ESIDEJ. ALL CJ;a^SCIi ,EP: APPROVE J,'JNUTES 'Councilman :Saverud movecl'that the minutes of the April 16, 1979 meeting be approved as :presented. • Seconded .hy .Councilman s0`1.oylc. };onion carried. �CounrAlman O Foyle moved that the minutes of the special meeting of April 27, 1979 be -ap Lover; -as -presented. :Seconded by Councilman Saverud. Motion. carried. :SALE :OF :BONDS - :SID #327 'Mr...Darwin :Hamilton, developer, stated that he had trie3 to sell the bon3s by tonight so ,that construction bids -could: beopen ed, but had run into some problems and had not com- pleted the -sale. Ile introduced Mr. Bob Ehlers with whom he is negotiating. 11r. Ehlers :stated -.that he too had :thought the sale -would be completed, but found some Problems. He Basked to meet with council nembers after the meeting was adjourned. :OPEid .BIDS - :S2D u327 :COWSTRUCTION Doug Daniels, -Thomas,:Dean ilusiiinS Resident Engineer, recommended the bids not be a.pened thiscdate;aid that the xontractars be allowed to revise their bids if their uteri al -costs .have _changed.. ,Cauncilman'O'¢3oy1e:asked'Mr.. Ehlers if he could say approximately when the bond sale would 'die-momplete. :Mr.:Ehlers-replied that he would know by the end of this week and a:ould make as 6aefini:te :commitment :by :next -seek. ° tbauncilman;Granmo -moved that the bid opening be May 21st at 7:30 P.M., that the contrac-- s 1he 4 lowed ._to :completely .withdraw or revise their bids and that they be not:i.fi.ed by amon;on'May 18th-whether or mot the bids will be opened on the 21st. Seconded by Council- rsan IaLlizams. :16DZian married- .G73. bidders were polled and concurred. 3=UBLYC .IU:AICvNG — .GILD Tiuffe3ms Bean Addition FRESOLUTION :ir`3237 IRearing:uo:npposition, Councilman Griffin moved to adopt Resolution #3237 a resolution ccr-eating:Special :Improvement District No. 328 for the purpose of designing and cor_struc- d ing <a sanitary sewer mo lection :system, water distribution system, and streets. Seconded :by :Councilman :Allen. iRoll 3 all -vote. All voted aye . t`BF.SOLIITION =38 ieaunti:lman Gri fin .moved to adopt Eeso3.ution #3238 a resolution providing for the sale m[f fonds, S._T_R. # &. ae=nded by 'Gnuncilman Allen. Roll call vote. All voted aye. 1 IRMLUTSON 43239 iLciuncilman cGr`; fi,„ .uiovt-d :to --Wzpt Izzolution P3239 a resolution providing for the call i :T= cronctru t-.;on :yids :tor ED) ;It=. Seconded by Councilman Allen. Roll call vote. All t vxat-ad -aye. tLut fit ran ,�ri FFTn-mczvd mo mvqmimt the firm of Thomas, Dean & Iioskins as engineers for MD u32&. tfim=dad :hy :CounrH man Allen. Hotion carried. i NG `THE MU,=L Il4yor;Happ;made three malls tm =y=e arbor wished to address the council. No one responded. CCCfxufuT' h _ tREYO-pa-S MINANCE 0aaunc lman'J1TT.1=i- - spar -mid that the finance committee met and reviewed the claims for Dili ami:.:noteil thy_ <a11 ,r_7adn = to be in order be paid. Seconded ::•y Ccunciln:ar. tIlr�i�z;;e;.. Il�rcr•"jits�� :ziarr�i�HiL. Aii3NEX.�TGN Qlnunc In s : = irf%ir. ens�xte coin >rro;, r_s -:atn the _equest by "_.-Ie ��oultcil to consider eniliizg .the Tinu.. fle stata3 that the directi•;e wus made on March lath. Uhl lellr! ',Zat'.i. 'llre :Au10 lBo?md _nLowrad tha_ hanceforth all �ser_t requested be 'oy a formal crriit.,_: 1rr uLa-t .and stir•>y 1rr ZLa rice _; they have the sta=f and time. Mayor Happ has azdkeU 'County GonmriiasionaxCGuay if the staff will hold a public hearing for discussing a me-rftin£; .the ,comprchenai:ve Tplan.. .Steve Petrini, APO Director, is asking for more i_nfor- na%ttfon Srom :Develapers JlrvemsifiTTd. L} Q b ORDINANCE NO. 920 Hearing the second reading, Councilman Griffin moved to enact Ordinance No. 920, an ordinance to redefine "Non -Conforming Use" of zoning ordinance. Seconded by Councilman Allen. .Dr. Otto, Veterinarian, located on Airport Road, addressed the Council concerning the proposed remodeling and addition to his clinic. it was explained that the purpose of enacting the "Non -Conforming Use" was to protect property owners in his case or if a building burned it would allow rebuilding. He can not only build, add or remodel his present building, but also build on an adjoining empty lot. An existing conforming use on an adjacent lot cannot be destroyed. Dr. Otto was .assured that his plans would be O.K. under this new ordinance. Question called. Roll call vote. All voted aye. ORDINANCE NO. 923 Councilman Griffin read first reading of Ordinance No.. 923 an ordinance to bring into the new zoning areas 0, P, & Q which consists of residential area east of 4th Avenue East from railroad tracks south to 18th Street and including the French Subdivision. Green - dale is not included, but will be rezoned later. Roll call vote. All voted aye. Director of P. W. Kain reported that he has talked to Zoning Chairman, Dale Haarr who stated that the zoning commission will be meeting once a week to get the City zoned by October 1, 1979. STREET & ALLEY Councilman Allen had no report. Director of P.W. Kain announced that he was ready to meet with the new street and alley committee on priorities. I4ayor Rapp reported that the news media erred in reporting_tbat the County Commissioners set up a meeting with the Highway Commissioners and City, when in reality she & Director of P. W. Kain arranged the meeting and invited the County Commissioners. She stated further that she thought the story should come from Helena. PARKS Councilman Daley had no report. SAFETY Councilman O'Boyle moved that City Attorney Donahue draw up an ordinance to adopt a uniform code for "Abatement of Dangerous Buildings". Seconded by Councilman Saverud. An Appeal Board is required. Motion carried. CITY DEVELOPMENT Councilman Saverud moved that Mayor Happ be authorized to sign the application for obtaining the $100,000 second year funding for the HUD grant. ,Seconded by Councilman Williams. Motion carried. Councilman Saverud reported that a committee composed of himself, Councilman O'Boyle, Larry Dominic and Jim Zimmer have reviewed and approved 6 grants and 3 loans. By the middle of the week they will have reviewed an application to improve property in Block 69, Senior Citizen Center. CITY HALL Mayor Rapp, Architect Schwartz and members of the City Council will make final inspection of the new city hall at 1:00 P.M., Friday, May lath. SE14ER & WATER Doug Daniels, Resident Engineer for Thomas, Dean & Hoskins, reported on the water well. In addition to the diameter of the shaft being too small, there was a problem with the bearings. New bearings were obtained and the pump will be installed tomorrow. The well was inspected by a TV camera and all looked O.K. There will be a test pump this week. Councilman Granmo reported that the Sewer & Water committee met with power to act on April 20th, and chose to proceed with Alternative 3, delineated in the Emergency interim Sludge Management Program. There will be no cost to the City until the grant is approved. Stahley Engineering & Associates were directed to make the necessary grant applications. EMPLOYI4ENT Councilman Grainger had no report. OLD BUSINESS There was no unfinished or old business. OATH OF OFFICE The Oath of Office was administered to two new and two reelected councilmen - Louis B. Ruiz, Jr., Francis T. O'Boyle, Howard G. Grainger and John Zauner, Jr. by City Clerk Giermann. Certificates of Appreciation were presented by Mayor Happ to outgoing Councilmen Williams and Allen. NEW BUSINESS APPOINTIENTS Mayor Happ made the following appointments: COUNCIL COMMITTEE - 1979 THE FIRST NAMED SILALL BE CHAIRMAN -ANNEXATION - Griffin, Saverud, Grainger EMPLOYMENT - Zauner, Griffin, Granmo FINANCE - Ruiz, Grainger, Daley PARKS, RECREATION, AIRPORT - Daley, Ruiz, Zauner SEWER & WATER - Granmo, Griffin, Saverud SAFETY. - Grainger, O'Boyle, Ruiz STREET & ALLEY SANITATION - O'Boyle, Granmo, Daley CITY DEVELOPMENT & PUBLIC BUILDINGS - Saverud, Zauner, O'Boyle OTHER COMMITTEES- 1979 APO - Mayor Happ, Walt Griffin CITY COUNTY PLANNING BOARD - Walt Griffin REFUSE DISPOSAL - Lauren Granmo CHAMBER OF COM!IERCE - Wayne Saverud SAFETY COUNCIL - Francis O'Boyle COUNTY PARK BOARD - Forrest Daley COUNTY HEALTH BOARD - Louis Ruiz 208 WATER CONTROL - John Zauner GAMBLING - Howard Grainger, Forrest Daley, Norb Donahue, Atty., LeRoy McDowell, Chief of Police, Mayor Kapp TAC - Francis O'Boyle Mayor Happ asked council members, to turn in their reports by Wednesday preceding the Monday council meetings. 141SCELLANEOUS City Attorney Donahue reported a letter from the office of the Attorney General stating that Mr. Allen B. Chronister is working on his question of open burning within the City. WATER DEPT. The following letter was received by the Water Department: 1203 - lst Avenue .'Jest Kalispell, Montana 59901 May 3, 1979 Water Department P.O. Box 1035 Kalispell, Montana 59901 Attention: Manager Gentlemen: I would like to thank Mr. Giesey and Mr.. Jones for their help and very courteous treatment of me this past weekend. Also for their promptness in taking care of the problem that existed, and the men that aided in this. It .:s just another reason why I am so happy that I moved back to the Flathead Valley; this would never have occurred in.the "big city". A personal thank you once again to Mr. Jones for coming to take a look Saturday morning to see if it were indeed an emergency. Thanks again to all of you. Sincerely, Patricia. Morton Hibbard pjh cc: Mrs. Norma Happ - Mayor Councilman Saverud moved confirmation of the appointment of Mr. James Sharp of Flathead Valley Community College to the Parking Commission Board. Mr. Sharp will replace Loraine Bundrock who has resigned. Mayor Happ thanked Loraine for her service to the City. Councilman Grainger reported that the employment committee will meet Wednesday noon with the labor negotiator. All council members are welcome. Councilman Grainger will be arranging a meeting to discuss health insurance for the. coming year. Mayor Happ announced that there will be an all day indoctrination of new council members and a tour of the City immediately after school is out in June. Councilman Ruiz is a teacher. Councilman O'Boyle moved to set a meeting to consider needs for oil for seal coating, asphalt mix, pit run gravel and chips, concrete mix and curbs and gutters for the coming year so that the ad for bids can be sumitted for publication on May loth and•17th. Seconded by Councilman Daley. Motion carried. Councilman O'Boyle announced a meeting of TAC on May loth at the Highway Department at 1:00 P.M. Councilman Saverud announced that the City -County health Board will meet at 1:00 P.M. May 8th. Dir. of P. W. Kain reported that the Forest Service have asked peimission to use some City land immediately to their south for parking for summer employees. Originally this area was scheduled for a garden for the human Resources people, but their area can be moved cast. -4 8 33 Councilman Saverud moved to L.:fer to the Park Cont,:ittee and report back next meeting.. Seconded by Councilman O'Boyle. Motion carried. LICENSE & PERI:IT BONDS Gordon M. ;cnsen DBA 4-G ?luiibing & Heati:b vas Installation .Continuation Certificate Gordon M. Jensen DBA 4-G Plumbing & Heating Plumber Continuation Certificate Couacil*aan Grainger moved that all License & Pe unit Bonds reviewed by City Attorney Donahue be approved. Seconded by Councilman Daley. Xotion carried. Councilman Griffin moved to adjourn. Seconded by Councilman Saverud. Carried. Minutes approved as presented May 21, 1979. Norma E. Happ�r ATTEST: Mai? kU brie Giermann, City Clerk RESOLUTION NO. 3237 A RESOLUTION CREATING SPECIAL IMPROVEMENT DISTRICT NO. 328 FOR THE PURPOSE OF DESIGNING AND CONSTRUCTING A SANITARY SEWER COLLECTION SYSTEM, WATER DISTRIBUTION SYSTEM, AND STREETS THEREUPON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: WHEREAS, on the 19th of March , 1979, said Council did pass and adopt Resolution No. 3226 , a resolution of intention to create Special Improvement District No. 328;-and WHEREAS, the City Clerk of said City did give Notice of the passage of said resolution by publishing same for five successive days in the Daily Inter Lake, a daily newspaper published in Kalispell, Montana, beginning on April 15 , 1979, and also on April 19 , 1979, true copies of said Notice were mailed to all persons having.real property within said district; and WHEREAS, on the 7th of May , 1979, at the next regular meeting of said Council the Council -did conduct a hearing on said Resolution No. 328, and no protests, written or oral, were made or presented against creating said Special. Improvement District No. 328. NOW THEREFORE, said Council does hereby create Special Improvement District No. 328 for the purpose .of designing and constructing a sanitary sewer collection system, water distribu- tion system, and streets thereupon in that certain area described as follows: Those portions of Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South quarter Corner of Section 31, Town- ship 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 88038'58" West a distance of 1007.47 feet to the Point of Beginning which point is on the South line of Grandview Drive, a county road; thence along the South line of the road North 89038'44" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 36022'00" West a distance of 271.21 feet (South 360 22'00" West 272.01 feet record); thence South 53028'47" East a distance of 311.51 feet (South 530 38100" East 312.00 feet record); thence South 34045'32" East a distance of 229.84 feet (South 340 56100" East 230.00 feet record); thence South 09045'29" East a distance of 232.11 feet (South 090 56100" East 231.95 feet record); thence South 00024'13" East (South 00034'00" East record) a distance of 31.24 feet; thence South 00055'43" East (South 00134'00" East record) a distance of 124.22 feet; thence South 89053102" East a distance of 426.35 feet to the.West line of Grandview Drive; thence along the West line of the road North 02051147" West a distance of 1132.42 feet to the Point of Beginning. AND A tract of land in Government Lot 3 of Section 6, Town- ship 28 North, Range 21 West, M-P-M-, Flathead County, Montana, described as follows: Cortunencing at the South Quarter corner of Section 31, Township 29 North, Range 21 West, M_P.M_, Flathead County, Montana; thence South 25°23146" West a distance of 359.94 feet (South 25° 49" West 361.00 feet record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765, records of Flathead County, Montana; thence along the iciest and North lines of said parcel South 28044100" West a.distance of 429_I0 feet South 85044100" West a distance of 552.05 feet to the East line of Grandview Drive; thence along the East line of the road North 02051'47" West a distance of 135.71 feet to the South- erly line of that parcel described in ins`x=ent recorded in Book 439 page 594, records o.f Flathead County, Montana, thence along the South and East lines of said parcel the following courses: North 86042125" East (North 87004'00' East record) a distance of 132.04 feet; thence North 45005'44" East a distance of 135.35 feet (North 45012' 00" East 134.30 feet record); thence South 87025137" East a distance of 164_GI feet (South 88102' 00" East 165.50 feet record); thence North 04004'29" East (North 03°32'00"East record) a distance of 329.00 feet and South 67°49'24" East (South 68°26'00"` East record) a distance 'of 376.50 feet to the Point of Beginning_ The approximate cost of said impro-va ents is estimated to be Three Hundred Thousand Dollars ($3u0,0G&_00)`. Said costs will be assessed against each lot within the district for that part of the whole cost which its area bears to the area of the entire district. Said cost may be paid in full upon completion of the contract, or in 20 equal a=aa� installments extending over a period of 20 years. PASSED AND ADOPTED THIS 71M DAY OF , 1979, BY THE CITY OF KALISPELL, MONTANA. ATTEST: / City ClE'rk - 2 - RESOLUTION NO. 323E A RESOLUTION PROVIDING FOR THE CALL FOR ONS'M,-U=N =313 T.. OR .SPECIAL IMPROVEMENT DISTRICT NO. 328. WHEREAS, the Mayor and City Council of the Zi-ty -cff aalii:s— pell, in compliance with the statutes of the State -of 11orxt—aa,, did, on the 7th day of May, 1979, create.Special :Imp=.vement District No. 328 of the City of Kalispell for ,he :puronse :of designing and constructing a sanitary sewer Collect:3n<sy..tem water distribution system, and streets in .all of �hat�area included in, and in accordance with the terms and T_-orfd :ti: s as specified in Resolutions No. 3226 and No.. 3z37 WHEREAS, Thomas, Dean & Hoskins, Inc_, I— sti�milteel plans of said construction, and same have been aTprs�vd by the City Engineer for the City of Kalispell - NOW THEREFORE, BE IT HEREBY RESOLVED-- 1. That the City Clerk forthwith call fv�r ;his fflnr :swii2i zonstruction in accord with the laws of the Statce anf 'Mnrrbana. 2. That the Notice of said call for h±as rb�_- An -th:e gstib- --tanti.al form of and contain the provisions of Z2 bJ. _- t "_A"' attached hereto. Z'A.SSED AND APPROVED BY THE CITY COUNCIL OF 2SE T~T31.'.Y w xKza—l'sP_ Li, ,AND APPROVED BY THE MAYOR THIS 7th DAY OF nay ,r < M, 7-9.. ATTEST: City Clefk Mayor u ?4, RESOLUTION NO- 3 39 A RESOLUTION PROVIDING FOR S-;=1 Eff'-BDNDS., I.TECIAL 1]-1P3?0VFXENT DISTRICT NO. 323. WHEREAS, the Mayor and City Council asi the Iriiy of Kalispell, in compliance with the statutes of the zS_t-ate :af 11nntana, raid, on the 7th day of Mey , 1979, create Spe:a al Improvement District No. 328 of the City of Kalispell for the -purpose -of designing and constructing a sanitary sewer collectann zy-atem.,•water distribution system, and streets in all of that area_ivnrlt- d In that area described in Exhibit "A" attached heret:n;, sn:accordance with the terms and conditions as specified :im _Resolution No_ 3226 and Resolution No. 3237 NOW THEREFORE, be it resolved by theLMayDr and C tar Council of the City of Kalispell, Mantaxm,, -as :follows; That the City shall sell and issue at th-a-m time -amortization or serial bonds of said Special Improvement Mistrdct No. 32B in the amount of One Thousand Dollars {:$1,,Df7:0..,fl0}„ ,which bonds shall bear date of issue of July 1, 1979; sai_dlbDnds;may bear interest at a rate not exceeding the maximum rate per annum permitted by the laws of the State of Montana, payable annually .on the 1st of January, 1980, and on the lst day of -7anuary aaf each year there- after; provided, however, that said ±Rm-tds„ and each and all of the same, shall be redeemed at the City of Tz ;ape 1 at any time when there is sufficient money in said BID 228 sEund,, agaamst which said bonds are issued, available therafore., said redemption to be made as provided by law; provided., further,, zth-at the City measurer shall first pay, out of said BID 32B fund., �armttc��ly;, the interest on all outstanding bonds upon presentation ex` the ooupor_s belonging thereto, and all monies remaining in said fund ---hall be applied to the payment of the principal and the reaamptzi�-n of the bonds in the order of their registration. Said bonds will be sold for nDt cress khan tbhpar value with accrued interest to the date of r7eluery„ and all bidders must state the lowest rate of interim of wih�, 'h th-ey -will purchase the bonds at par. The City Council m7ese=es the ri#ht to reject any and all bids and to sell said brsrd at sale_ If amortization bonds are sold am -a E ua ,, it'h-- entire issue may be put into one (1) single bond or Z-a--.vjdaa into several bonds, as the Council may determine at the times �nf s<a7:e„ both principal and interest to be payable in semi-annraaal z * t � � during a period of twenty (20) years from dztte of J—tm. If serial bonds are issued and sold„ sm>b ups wail.l be in the amount of One Thousand Dollars ;(:l,DTX0..Q0), numbered from one (1) to three hundred (3DD):, both iamlusice„ and said bonds shall become due and payable on the 2stcloy cff Zannary, 1999 All bids other than on behalf of the S7 r e MmerR of Lans3 Commissioners of the State of 11ontana mm-st lze -irmmmmanied by a certified check in the sum of '2'hi.rty, 'Thousarr3 Mr.o11ars ($30,000- D) payable to the order of the City Clffmk rnT tLihe Tnity ®f Kalispell, Montana, which will be forfei.ted by the miu uR lh1daer in the event he shall fail or refuse to vmmp:1� tyre ;p=c ase of said bonds in accordance with the tmmns mE lldx 110— The City Clerk shall forthwith publi0h Notice of said Sale of Bonds in accord with the laws of the State of Montana; said Notice shall be substantially in the form of Exhibit "A" attached hereto. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 7th DAY OF may , 1979. Mayor ATTEST: � t. City ClerW NOTICE OF SALE OF SID 328 BONDS CITY OF KALISPELL, MONTANA NOTICE IS HEREBY GIVEN by the City Council of the City of Kalispell, Montana, that the said City -Council will, on the 18i;h day of June , 1979, at the hour of 7:30 p.m. in the Council Chambers of the City Hall in Kalispell, Montana, sell to the highest bidder for cash, either amortization or serial bonds of Special Improvement District No. 328 of the City of Kalispell, Montana, in the total amount of Three Hundred Thousand Dollars ($300,000.00) for the purpose of defraying the cost of the construction of designing and constructing a sanitary sewer collection system, water distribution system, and streets in that area described as Buffalo Head Addition No. 82. Amortization bonds will be the first choice and serial bonds will be the second choice of the Council. The boundaries of SID 328 are given in Resolution No. 3226 dated March 19, 1979. If amortization bonds are sold and issued, the entire issue may be put into one single bond or divided into several bonds, as the Council may determine at the time of sale, both principal and interest to be payable in semi-annual installments during a period of -20 years from date of issue. If serial bonds are issued and sold, said bonds will be in the amount of One Thousand Dollars ($1,000.00) each, numbered from one (1) to three hundred (300), both inclusive, and said bonds shall become due and payable on the 1st day of January, 1990. The said bonds, whether amortization bonds or serial bonds, will bear date of issue of July 1, 1979, and will bear interest not exceeding the maximum rate per annum permitted by the laws of the State of Montana, payable annually on the lst day of January, 1980, and on the Ist day of January of each year thereafter; provided, however, that said bonds, and each and all of the same, shall be redeemed at the City of Kalispell at anv time when there is sufficient money in said SID 328 fund, against which said bonds are issued, available therefore, said redemption to be made as provided by law; provided, further, that the City Treasurer shall first pay out of said SID 328 fund, annually, the interest on all outstanding bonds upon presentation of the coupons belonging thereto, and all monies remaining in .said fund shall be applied to the payment of the principal and the redemption of the bonds in the order of their registration. Said bonds will be sold for not less than their par value with accrued interest to the date of delivery, and all bidders must state the lowest rate of interest at which they will purchase the bonds at par. The City Council reserves the right to reject any and all bids and to sell said bonds at private sale. All bids other than on behalf of the State Board of Leand Commissioners of the State of Montana must be accompanied by a certified check in the sum of Thirty Thousand Dollars ($30,000.00) payable to the order of the City Clerk of the City of Kalispell, Montana, which will be forfeited by the successful bidder in the event he shall fail or refuse to complete the purchase of said bonds in accordance with the terms of his bid. D , All bids shall be addressed -to the City Council of the City of Kalispell, Montana, and delivered to the City Clerk of said City. DONE BY ORDER OF THE CITY COUNCI?. ()F THE CITY OF KALI$PELL, MONTANA, THIS 7th DAY OF May , 1979. Publish: - 5/- 6 6 ' 6/13/79 - 2 - ty Clerk 5%15-4 9 The ?Daily Inter Lake 300 First Avenue Wast Kalispell, Montana 59901 R:.: SID 328 Gentlemen: Enclosed herewith is a Notice re SID 328 which must be published four (4) tines in your paper. Please publish this Notice on the following dates: Furnish re with your Affidavit of Publication therefor and bill the City for your charges. Very truly yours, ��iAPZO3IF C-T=ANN City Clerk kG:fa enc1. 4z V NOTICE OF'CALL FOR BIDS CITY OF KALISPELL, MONTANA S.I.D_ 328 NOTICE IS HEREBY GIVEN, that sealed proposals for the con- struction of streets, curbs and gutters, a storm drain and sanitary sewer system and water system for the City of Kalispell, Montana, will be received by the City Council at Kalispell, Montana, until 7:30 p.m., June 18, 1979. All proposals shall be addressed to the City Clerk, City of Kalispell, P. O. Box 1035, Kalispell, Montana, and plainly marked "S.I.D. 328, Construction." At a. meeting of said council at said time and place said bids received will be publicly opened and read; bids received thereafter will not be considered. The work involved is for the construction of work for S.I.D. 328 created on May 7, 1979, by Resolution No. 3237 as specified in plans and specifications as outlined and on file at the following address: Thomas, Dean & HOskins, Inc_, t3 Sunset Plaza, Kalispell, Montana 59901 or 1200 - 25th Street South, Great Falls, Montana, 59405, or City of Kalispell, Director of Public works, P. 0, Box 1035, Kalispell, Montana 59901. Said resolution and. Resolution No. 3226 contain more particular description of said district and are on file in the City Clerk's Office, Kalispell City Hall_ Each bidder must display his current Montana Contractor's License, class and number. All bids must expressly covenant that if the bidder shall be awarded the contract, the bidder will, within 10 days after such award, enter into a formal contract and give good and sufficient bond to secure the performance of the terms and conditions of the contract; otherwise, the bidder shall pay unto the City of Kalispell the difference in money between the amount of the bid of the said bidder and the amount for which the City of Kalispell legally con- tracts with another party to supply said property is the latter amount is more than the former, but in no event shall the bidder's liability or the liability of the surety of such bidder exceed the penal sum of 10o.of the bid. All bidders shall, as bid security, accompany the bid with such sum in lawful money of the United States, or a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking associa- tion located in the State of Montana, or a bid bond or bonds execu- ted by a surety corporation authorized to do business in the State of Montana. Any such bank instrument or bond shall be payable directly to the City of Kalispell. A bond will be required of the successful bidder in the .amount of one -hundred percent (1000) of the aggregate of the proposal for the faithful performance of the contract and protection of the City of Kalispell against the liability of accidents. If a contract is awarded, the bidder whose bid is accepted and who shall thereafter refuse to enter into and execute the proposed contract, as stated in said covenant, shall absolutely forfeit such monies or bank instruments to the City of Kalispell, .and becomes immediately liable on said bid bond to said sum. The money, bank instrument or bid bond, as the case may be, shall be returned to those bidders whose bid is not accepted. A charge of $40.00 will be made for copies of the bid docu- ments. The successful bidder will be furnished additional copies thereof without charge as required. An unsuccessful bidder may receive a refund of *20.00 for copies returned promptly and in good condition. The successful contractor will be required to carry Workmen's Compensation under Plan Number Three of the Workmen's Compensation Act of Montana, and upon final settlement with the contractor, the City of Kalispell will deduct all unpaid premium assessments for the Industrial Accident Fund, which the contractor has not paid on the labor employed by him but for not more than the amount of the contract. The City of Kalispell may accept the lowest responsible bid, but the Council reserves the right to waive any technicality or informality and accept any bid which may be deemed best for the interests of the said district and the City of Kalispell. The City Council may reject any and all bids or proposals should it deem this for the public good, and also reject the bid of any party who has been delinquent or unfaithful in any former contract with the City of Kalispell, and the City shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder and may award the contract for said work or improvement to the lowest responsible bidder at the price named in said bid. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications,. and Forms of Bond, Performance and Payment Bond, and other contract documents may be examined by the following: office of the Director of Public Works, or City Clerk, City of Kalispell, Montana Thomas, Dear. & Hoskins, Inc., 1200 25th St. S., Great Falls, Montana, or #3 Sunset Plaza, Kalispell, Montana Montana Contractor's Association, Helena, Montana Great Falls Builders Exchange, Great Falls, Montana Billings Builders Exchange, Billings, Montana Kalispell Builders Exchange, Kalispell, Montana Missoula Plans Exchange, Missoula, Montana No bid shall be withdrawn after opening of the bids without consent of the City Council for a period of forty-five (45) days after the scheduled time of receiving bids. It is an express condition of the Contract that the performance of the City is contingent upon the sale by the City of Special Im- provement District bonds for Special Improvement District No. 328 in a sufficient amount to pay for the improvements covered hereby and other proper costs of said district and if such bonds are not sold, the City shall not be under obligation to -perform under the Contract. -2- In general, the improvements on which bids are requested will require the following construction - WATER SYSTEM 6" PVC Watermain CL 150 3,025 L.F.' 6" Gate Valves 17 EA. 6" Fire Hydrants 3 EA. Water Services 25 EA. SEWER SYSTEM 8" PVC Sewer Main 3,000 L.F. 4" PVC Sewer Main 400 L.F. Sanitary Sewer Manholes 18 EA. Extra Depth Manholes 102 V.F. STORM DRAIN SYSTEM 12" RC Pipe 200 L.F. 15" RC Pipe 130 L.F. Storm Drain Inlets 2 EA. STR STREET IMPROVEMENTS Curb and Gutter 3,900 L.F. Monuments 6 EA. Subbase Material 2,900 C.Y. Gravel Base Course 1,700 C.Y. Asphalt Concrete Surface Course 1,600 Tons. HONE BY ORDER OF THE CITY COUNCIL OF KALISPELL, MONTANA, ON THE 7th DAY OF _May , 1979. Marjorie' Giermann City Clerk Publication Dates - .--7<, -3- 16--45% 71 The Daily Inter Lake 300 First Avenue 17ast Kalispell, Montana 59901 Re: SID 32a Gentlemen: Please publish the enclosed Notice of Call for Bias In the Daily Inter Lake. The firs-, publication should ba in th- issue of 1979 and the second in the issue of" c:. 1979. Please furnish our Affidavit of Publication to the undersigned together with your statement claim to the City. Very truly yours, .%IARJORIE GIER_`•iZNN City Clerk en-c I STATE OF MONTANA L County of Flathead J .. . No. 3471 NOTICE OF CALL FOR BIDS.:I CITY OF KALISPELL, 'ION-J. TANA _ S.I.D.328 NOTICE !IS HEREBY the nor- j that sealed Proposals struction 0 1 streets, curbs and! gutters, a storm drain and 1 sanitary sewer system and water system for the City of Ka1[sPeU, 'Montana, will be received bythe 1 City Council at Kalispell, the tana, until 7:30atgm.aIlJune e 18. 1979. All propn' , dressed to the City Clerk, City ON, Kalispell, P.O.- Box.1o35N "(slit". Montana. ard• plainly i marked " S.I.D. n8, COnstru"`i tioo " At a meeting of said council i at said time and place said bids received will be publicly opened 1 and read; bids received:, thereafter will not be considered. i The work involved is for thei panstruction of work for S.I.D.328' created on May 7,1979, by Resolu- tion No. 3137 as specified in plans l . and specifications as outlined and i on file at the following address: i Thomas. Dean & Hoskins, Inc.. 03 I sunset Plaza. Kalispell. Montana 1 S9401 or 1200 -25th Street South_ i Great Falls. 'Mortara. 534ch.-or{ City. of Kalispell, Director Of-! Public Works. P.O. Box 1035- j Kalispell. Montana, 59901. Said i resolution and Resolution No. 3'226 i, contain more particular descrip—i tion of said district and are on file+ in the City Clerk's Office, Kalispell City Hall. Each bidder must display hisi current Montana Contractor's I License, class and number. All bids must expressly cove- , nant thatif the bidder shall be j awarded the contract, the bidder t ,..F will -..,within 10 days after such award. enter into a format con- Aract and give good and sufficient bond to secure the performance of ;the terms and conditions of the contract: otherxise, the bidder shall pay unto the City of Kalispell .the difference in money between the amount of the bid of the said bidder and the amount for which the City of Kalispell legally con- tracts with another party to suPP- Iv said property if the latter amount is more than the former. but in no .,,,at shall the bidder's liabilityoa the Liability of the sur• ety'ef- such bidder: exceedthe penal sum of 10% of the bid. All bidders shall_ as bid security ac- company the bid with such sum in lawful money of the United States, or a cashier's check. ^er- tified check. bank money order, or bank draft, in any case drawn and issued by a national banking association located in the State of Montana, or a bid bond or bonds executed by a surety corporation authorized to do business in the State of Mortara. Any such bank instrument or bond shall be payable directly to the City of Kalispell. being duly sworn, deposes and says: That ____.8 -he is _ j�.Pal Clerk __-_............. of the DAILY INTER LAKE, a (PRINTER, PUBLISHER OR PRINCIPAL CLERK) daily newspaper of general circulation, printed and published in the City of Kalispell, in the County of Flathead, State of Montana, and that the -No iCE—of a copy of which is hereto attached, was printed and published in the regular and entire issue of said paper, and in each and every copy thereof on the dates of---nY_-39__an+A_-___ grmeSubscribed and sworn to behis _-. 7jb .__ day of ._-_dune A. D. 19-9_. A bond will ba regk successful bidder in th, one -hundred percent v the aggregate of the I= �. = , the faithful performance of the contract and protection of the City of Kalispell against, the liability of accidents. If a contract is awarded, the - bidder whose bid is accepted and who shall thereafter refuse to enter into and execute the Proposed contract, as stated in said covenant, shall absolutely forfeit such monies or bank in- struments to the City of Kalispell. and becomes immediately liable) on said bid bond to said sum. The morey. bank- instrument or bid bond, as the case may be, shall be returned to those bidders whose bid is not accepted. A charge of $40.00 will be made for copies of the -bid documents. The successful bidder will be fur- nished additional copies thereof without charge as required. An unsuccessful bidder may receive a refund of $20.00 for copies returned promptly and in good condition.. The successful contractor will Abe required to carry Workmen's Compensation- under, Plan_ Number Thiwe of the"'�rkeen S _Compensation Act of Montana, and upon final settlement with the contractor, the City of Kalispell will deduct all unpaid premium assessments for the Industrcal Ac_. cident Fund. which the contractor has not paid on the labor employed by him but for not more than the amount of the contract. I The City of Kalispell may ac- cept the lowest responsible bid, but the Council reserves the right) to waive an technicality or in(or- reality and accept any bid which, may be deemed best for the In-; terests of the said district and the: City of Kalispell. The City Council, may reject any and all bids on proposals should it deem this for the public good, and also reject. the bid of any party whn has been, delinquent or unfaithful in any) former contract with the City of Kalispell. and the City shall reject' all proposals or bids other than the lowest regular proposal or bid I of any responsible bidder and may award the contract for said work or irnprovement to the lowest responsible bidder at the price tamed in said bid. The Information for Bidden. Form of Bid. Form of Contract, Plans, Specifications, and Forms Bond. Performance and Pay. ment Born,. and other contract documents may be examined by the following: . , ouyPbIic.. 1S•- tate of R ntana dng in -- -•--- My commission expires Office of the Director of Public Works, or City Clerk, City of Kalispell, Montana. Thomas, Dean & Hoskins. Inc.. 1200 25th St. S.. Great Falls. 'Montana or #3 Sunset Plaza, Kalispell. Montana. Montana Contractor's Associa- tion. Helena. Montana. Great Falls Builders Exchange, Great Falls, Montana. Billings Builders Exchange. Billings. Montana. Kalispell Builders Exchange, Kalispell. Montana. Missoula Plans Exchange, Missoula, Mon- tana. No bid shall be withdrawn after opening of the bids without con- sent of the City Council for a period of forty-five (45) days after the scheduled time of receiving bids. It is an express condition of the Contract that the performance of the City is contingent upon the sale by the City of Special Improvement District bonds for Special Improvement District No.• 328 in a sufficient amount to pay I or the improvements covered hereby and other proper costs of said district and if such bonds are not sold. the City shall not be on. der obligation to perform under the Contract, In general. the improvements on which bids are requested will require the following construe. tion: WATER SYSTEM 6" PVC Watermain ' CL 15o 3.M L.F. 6" Cate Valves 7 Ea. 6" Fire Hydrants 3 Ea. Water Services .......... 25 Ea. i SEWER SYSTEM- I 8" PVC Sewer Main 3,W0 L.F. 4" PVC Sewer Blain 400 L.F. I Sanitary Sewer Manholes 18 ea, ExtraDepth Manholes 102 V.F. i STORM DRAIN SYSTEM 12" RC Pipe . 200 L.F. 15" RC Pipe 130 L.F Storm Drain Inlets . 2 Ea. , STREET IMPROVEMENTS Curb and Cutter 3,9W L.F. Monuments 6 Ea. Subbase Material 2.900 C.Y. f ("ravel Base Course 1.760 C.Y, Asphalt Concrete j Surface Course 1.600 Tons DONF, BY ORDER OF TIIE 1 CITY COUNCIL -OF KALISPELL, MONTANA. ON THE"th DAY OF ?day, 1979 Marjorie Giennann City Clerk Mav X Junn 8, 1979, -"' STATE OF MONTANA .1 County of Flathead N(MCE OF SALE OF y^r 1 SID 33 BONDS , . 1 CITY OF KALISPELL, MON. TANA { NOTICE IS HEREBY GIVEN i by the City Council of the -City of Kalispell. Montana, that the said City Council will, on the IfIth day I of June, 1979, at the hour of 7:30 1 p.m. in the Council Chambers of the City Hail in Kalispell, Mon tana. sell to the highest bidder for-,,' cash. either amortization or serial i bonds of Special improvement District No. =3 of the City (H 1 Kalispell, Montana, in the total amount of Three Hundred Thou- i sand Dollars ($300,C00.00) for the purpose of defraying the cot of { the construction of designing and j constructing a sanitary sewer col- leciion system, water distribution i system, and streets in that area i described as Buffalo Head.Addi>.i tion No. 82. Amortization bonds -.I will -be the tint choice and serial._) bonds will be the second choice of the Council. The boundaries of SID 328 are given in Resolution i No. 922& dated March 19. 1979. _,'J If amortization bonds are sold and issued, the entire issue may 1 be put into one single bond, or. divided into several bonds, as the . moil may determine at. the:j ~ time of saleboth principal and in-. ._serest. to be *%'l ie--n-z.�rattr--:� .annual instailmerts dLrin =� pen a twenty yeah from date i of issue. If seral bonds are. issued ands 'sold, said bonds will be in Lhe i amount of One Thousand Dollars I (31.0(A.00) each, numbered from o-..... one (1) to three hundred (300) 1)oth inclusive, and said bonds shall become due and payable on she Ist day of January. 1930. The said bons, w'nemer amor— tization bonds or serial bonds, will bear date of issue Of July 1, lW9,- td will bear interest not ex--. �ceeding.the maximum rate per arunun permitted by the laws of the State of Montana, payable an— rually on the 1st day of January, 1980. and on the Ist day of January of eaeb year thereafter: provided, however., that said. bonds —and eacir and all of the same, shall) be redeemed at the City of Kalispell at any time when there is suf ficient money in said SID- 3=8 - - #und, against which said bands are issued. available therefore, said .++ redemption to be made- as provided by law,- provided, further, that the City Treasurer shall first pay out of said SID w.8 , . fund. annually, the interest on all �. ._.outstanding bonds upon presenta- y ton of the coupons belonging 1 !beret). and all monies remainmgi .in said fund shall be applied to the payment of the principal and thel redemption of the bonds in thei order of their registration. Said bands will be sold for not' less than their par value with ac-1 trued interest to the date of. delivery, and all bidders must state the lowest rate of interest at!! which they will purchase the bonds at par. The City Camcii reserves the right to reject anyll and all bids and to sell said bomds`, -4 -iv-te sale. ,� .. _! Joan M. Howard being duly sworn, deposes and says: That _._S he is __!inciDp4U.---- Clerk _..._ of the DAILY INTER LAKE, a (PRINTER, PUBLISHER OR PRINCIPAL CLERK) daily newspaper of general circulation, printed and published In the City of .Kalispell, in the County of Flathead, State of Montana, and that the _Notice of Sale of SID 328 Bonds � a copy of which is hereto attached, was printed and published in the regular and entire issue of said paper, and in each and every copy thereof on the dates of NIa_y__;?5_,31__p_nd` June 6, 13. �- _. 1s_-_79 :Subscribed and sworn to t� me this _. ll� � h_ day of A D. 1J�79 142 Not a ' All bids other than on n'enau of the State Board of Land Commis- sioners of the State of Montanal must be accomoaried by a cer-1 tified check in tt;e sum of Th)rtyi Thousand Dollars (530,000.00) payable -to the order of the City Clerk of the. City of Kalispell. Montana, which will be forfeited by the successful bidder in the event he shurchaall fse.refuse ef said complete the p 'bonds in accordance with the terms of his bid. All bids shall be addressed to 'the City Council of the City of +,ispelt, hlOnt ina. an delivered to the City Clerk of said City. DONE BY ORDER OF THE "CITY COONCIL OF THE CITY OF iKALISPELL, MO 'TAN A. '.'FRCS-M DAY OF MAY, 1979.... . s/ idato ie Giermann City Clerk May 35, :1..J,me 613. 1979. . 449 THE REGULAR MEETDIG OF TIC KALISPELL CITY COUNCIL MET AT 7:30 P. M. MONDAY, JUNE 18, 1979 IN THE COUNCIL CHAIMFRS AT CITY 1L�LL. MAYOR RAPP PRESIDED. COUNCILMAN SAVERUD ABSENT. ALL OTHER COUNCILIKEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of the regular meeting of June 4, 1979 be approved as corrected. Seconded by Councilman O'Boyle. Motion carried. CITY OFFICIALS REPORTS City Clerk and City Treasurer for April, 1979• Police Chief, City Judge and Director of Public Works for May 1979- Councilman O'Boyle moved that all city officials' reports be accepted. Seconded by Councilman Griffin. Motion carried. OPEN BIDS - Sale of S.I.D. 11328 Bonds Bosworth -Sullivan No bid security Denver, Colorado $300,000 Sale Interest Rate - 8.572535% enclosed D. A. Davidson & Co. 300,000 Sale Interest Rate - 8.70% Cashier's Check Great Falls, MT enclosed Councilman Grainger moved to refer the bids to the Finance Committee with power to act. Seconded by Councilman O'Boyle. Motion carried. OPEN BIDS - S.I.D. #328 Construction Pack and Company Kalispell License #2760A $244,771.00 Bid Bond enclosed Engineer's Estimate - $250,6o9.00 Councilman Grainger moved to refer the Street & Alley Committee with power to act. Seconded by Councilman Daley, Motion carried. PUBLIC HEARING - S.I.D. #326 RESOLUTION #3245 There beitig no objectors, Councilman Daley moved to adopt Resolution #3245 a resolution to finalize assessments on S.I.D. #326, Park View Terrace Addition #2. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Jerry Stokes, 1026 1st Ave. East presented a petition. to Mayor Happ which stated "We, the u ndersigned, hereby petition the City of Kalispell to consider passage of an ordinance excluding through commercial truck and bus traffic on First Avenue East from 5th Street to 13th Street. The petition was signed by 84 residents of the area. Mayor Happ referred the petition to the Street & Alley committee. COMMITTEE REPORTS FINANCE Councilman Ruiz reported that preparation for the 1979-80 fiscal budget is under way. The Department of Coinimunity Affairs will be sending some of their personnel to imple- ment a new accounting system for the City. It is called Budget and Reporting System (BARS). They will start on July 9th and will be here from 6 to 8 weeks. ANNEXATION ORDINANCE #926 Councilman Griffin read the first reading of Ordinance #926 an ordinance to change Areas H. I, J, 5 and 11. Seconded by Councilman Grainger. Roll call orate. All voted aye. Councilman Griffin moved to adopt a change in the Comprehensive Plan for an area out- side the city limits, north of Evergreen to North Valley Road. When the City County Planning Board discontinued a small subdivision on E. Evergreen Drive the area became zoned in conflict with the Comprehensive Plan. Seconded by Councilman Granmo. Motion carried. The area covered is in a letter from the KCCPB dated �� F Councilman Granmo reported that he will call the Flathea County Commissioners 4 to set up a meeting to discuss the next 201 step. Money involved is about $30,000 with 75% federal funding and 25% city and county. SAFETY Councilman Grainger reported a letter from Fire Chief Doty stating he will be out of the State on June 21, 22 and 23 and that Asst. Chief Larson will be in charge. CouncilmanGrai.nger read a request from Fireman Allen Gustafson asking permission to establish a permanent home at Foys Lake. Councilman Daley moved to refer the request to the Safety Committee for determination and report back July 2, 1979. Seconded by Councilman Zauner. Motion carried. There will be a Safety Committee meeting at noon on Wednesday the 20th of June with Police Chief McDowell, Fire Chief Doty and City Atty. Donahue regarding the enforce— ment of fire lanes. Also, parking unmotorized vehicles and the Selective Traffic Enforcement Plan will be discussed. Councilman Grainger moved that Police Chief McDowell and Asst. Chief Hellman be allowed to go to Helena on Wednesday, June 27th to obtain information for obtaining the Selective Traffic Enforcement Grant. Seconded by Councilman Griffin. notion carried. They will attempt to obtain the 3 year plan. INSURANCE Councilman Grainger stated that he has proposals for group health insurance from Blue Shield and Blue Cross. The propsals will be discussed Wednesday noon. Councilman Grainger reported that he had worked in the new city hall with the dis— patchers until midnight. Everything worked quite well. More lights are needed outside. The TV camera works except 2 lights in the back are needed. OPEN BIDS — S.I.D. #327 D. A. Davidson & Company $1,650,000 Bond Sale Security — Cashier's check $165,000. Bid — 9.00% Councilman Granmo moved that the bid be referred to.the Finance Committee and City Attorney Donahue with power to act.Seconded by Councilman O'Boyle. Motion carried. Councilman'Granmo moved that Dir. of Public Works Kain be authorized to advertise for construction bids for S.Z.D. #327. Seconded by Councilman Grainger. Motion carried. ORDINANCE #924 Hearing the second reading, Councilman O'Boyle moved enactment of Ordinance #924 an ordinance to adopt by reference, "The Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition." Seconded by Councilman Daley. Roll call vote. All voted aye. Mayor Eapp will appoint an Appeals Board in reference to the above ordinance. Mayor Happ appointed Councilman Grainger as city representative for the organization of the 911 emergency system. The Tri—City meeting will be at noon on Wednesday, June 27th at the Outlaw Inn. LETTER OF RETIREMENT — POLICE CHIEF MCDOVELL June 4, 1979 Honorable Norma Happ Mayor, City of Kalispell Kalispell City Hall Kalispell, Montana 59901 Dear Mayor Happ: I intend to retire from the Kalispell Police Department at the end of this summer, and I want to let you and the council know in sufficient time to select a successor. In order for you to plan accordingly, please accept this letter as fir-m notice that I am retiring, effective September 1, 1979. Needless to add, if I can be of any assistance in selecting a successor, you may count on me. i.2) -1- e d :,t This has not been an easy.letter to write. _I have enjoyed the past 21 years of service to the City of Kalispell. I would especially like to thank the citizens of Kalispell for their past support and encouragement. Now it is time to step aside. Sincerely, _ l eR63E. McDowell Chief of Police Councilman Grainger moved to accept the retirement of Police Chief McDowell. Seconded by Councilman Griffin. Motion carried. Mayor Happ stated that the retirement of Chief McDowell is accepted with regret and thanked him for his 21 years of faithful service. LETTER OF RESIGNATION- COUNCILMAN WALTER A. GRIFFIN, JR. Walter Griffin 406 Northridge Drive Kalispell, Montana June 17, 1979 Mayor Norma E. Happ City of Kalispell P. 0. Box 1035 Kalispell, Montana Dear Mayor Happ: It is with regret and emotion that I must resign ry position as Ward I City Councilman effective June 30, 1979. My.resignation is due to a transfer with my company to a position in Wyoming. Since my election in 1977, I have tried to represent the citizens of Kalispell as I hope they would like to have their thoughts and ideas presented. My involvement in the City -County Planning Board has been an experience I will never forget, and found all the people committed to good planning for our beautiful valley. It has been a pleasure working with you and the members of the Kalispell City Council. I am sorry that I cannot see the Re -zoning and sewer facility plan through. Thank you for your patience and understanding during the many meetings and discussions during the past.two years. Very truly yours, Walter Griffin Ward I City Councilman . Mayor Happ thanked him for the many off -duty hours and asked him to continue to serve out his Board appointments until June 30th. Zauner moved to accept his resignation. Seconded by Councilman Daley. Motion carried. LICENSE & PERMIT BONDS L. C. Shamp Columbia Falls Gas Fitter Continuation.Certificate Ron Hecht dba Ron Hecht Plumbing & Heating, Inc. Plumber Bond Councilman Daley moved that license and permit bonds reviewed by City Atty. Donahue be approved. Seconded by Councilman Grainger. Motion carried. City Attorney Donahue introduced his new legal secretary, M_— Marsha Wright.. 4 He offered her assistance to Mayor Happ and members of the council. Councilman O'Boyle moved to adjourn. Seconded by Councilman Granmo.. Motion carried.. ATTEST: City Clerk Norma E. Happ, Mayor nLISPELL CITY COUNCIL the _ Finan _a 'Committee' To whom .has been referred SID 327 for bond bid, SID 328 -for bond bid, :and :awarding of said bids. $A11S=, ImNTANA June '21 = 3Q79 MD THE MONORAME MAYOR AND CITY COUNCIL The Finance 'Committee has awarded the following bond bids: SID 327 in the amount of $1,650,000.00 of bonds t-o D-A. kayidson & Company. ?SID 328 in the amount of $300,000_00 of bonds to D.A. Davidson Z :Company. Eerewith attached the two awarded bid contracts. respectfully submitted, rrc: SID 327 =D 328Li P i Canmittee Chad --man 4- S rr TEE REGULAR I=TING AND FINAL BUDGET HEARING OF THE CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, AUGUST 13, 1979 LIT TEE COUNCIL CEAMBE$.S AT CITY BALL. MAYOR HAPP PRESIDED. ALL COUNCILM,I WERE PRESENT. APPROITE Y1INUTES Councilman Saverud moved that the Minutes of August 8, 1979 be approved as corrected. Seconded by Councilman Smith. Motion carried. ADDRESSING THE COUNCIL Rich Hadley, acecutive Director of the Chamber of Commerce, asked for a vote of support for special election to be held September 4th for improvements to Glacier International Airport. Councilman Smith moved that the Kalispell City Council go on record to support the improvements to Glacier International Airport at the :September nth election. Seconded by Councilman Grainger. Motion carried. Director of Public Works Kain stated that the Overall Economic Development Program for Flathead County has been updated and will be available to interested persons. Paul Palmer, Realtor, addressed the council to ask if zoning would be discussed tonight. Be was told that it would not be discussed tonight but would be on the 20th. COMMITTEE REPORTS FINANCE Councilman Ruiz had no report. ANNEXATION Councilman Smith had no report. EMPLO=I)T Councilman Zauner had no.report. PARKS Councilman Daley moved to authorize Director of Public Works Kain to advertise for bids for construction of asphalt road in Woodland Park. Seconded by Councilman Grainger. Motion carried. STREET & .ALLEY Councilman O'Boyle reported a request by Antone Gu=ion, Kalispell Taxi, to rent three parking meter spaces at Ill 2nd. St. West for his taxi service and moved that the request be granted. Seconded by Councilman Zaur!er. Meter spaces are R28, R30, and P.31; rent is $7.50 per month per meter and the Chief of Police is directed to see that the spaces are not used for any other purpose than taxi parking. Question called. Motion carried. ORDER IN SIDEWALK AND CURBING Councilman O'Boyle moved to Order in sidewalk and curbing as follows: Proposed sidewalk, curbing and gutter improvements for -the City of Kalispell, gbntana. WTICE OFZU=C, CONSTRUCTION OF CURBII%r, Kalispell Addition No. 7 Block 243, Lots 1 and 12 Being on the south side of Ninth Street East between Sixth Avenue East and Seventh Avenue East. M)TICE ORDERIIr� CO:N'STRUCPION OF SIDEG=S AND CURBING Kalispell Original n1ry 1r 7A - Tr){- l Being on the south side of 4th Street west between First Avenue West and Second Avenue Vest-. NOI`IC'E. ORDERING CONgrRUCTION Or SIDENIALKS Kalispell Original Block 132, Lots 17 & 18 Being on. the east side of Ist Avenue ItiZest between loth Street West and llth Street West. Block 233, Lot 2 Being on the west side of 2nd Avenue East North between East Oregon Street and East Washington Street. Block 33, Lot 7 Being on the rcr'ch side of 1st Street 14est between 2nd Avenue LQest and Third Avenue West. Nam, t1RD=NG CO:N'STRUCTION OF SIDEHAIRS, CURBIAGS AND Girl ER Kalispell Original Block 85, Lot 1 BeinSL on, the south side of 5th Street East between Main Street and 1st Avenue East., SO4, NM, Sec. 7, T.28N., R.21W. Tracts 8XA, 8LB, 8N, 8IB and 81. Being on the north side of t,Test 6%�yoming Street between U. S. I3ighway 93 and North Main Street. Seconded by Councilman Daley.. Motion carried. Councilman G'Boyle moved to authorize Director of Public Works Kain to advertise for bids for complete reconstruction on. 2nd Ave. 1-7est from 2nd. St. to 4th St. Seconded by Council- man. Daley.. Motion -carried.. of new curbing Gz ncilman G'Boyle moved to delete construction from 4th Street to nth Street West. Seconded:by Councilman Zauner. Motion carried. 0amciaman 0:'Boyle reported that the Street & Alley Committee and City Council, with power to a has- declared Pack & Company the low bidder for Schedules I & II on S._I.D. �,`#327 in the amount -of $1,277,188..87. A "Notice to Proceed" will be given only if all financial ax=ana ments-are met.. E.. F.'.Matelich's bid on Schedule III for $242,000 will be reviewed for adjustment and/or modification. �auncilaan O'Boyle reported that the Street & Alley Committee, with power to act, ha's de- ciared Pack:& Company the low bidder on S.I.D. #328'in the amount of $244,771.00. "No tice trt Proo— "`will be given as soon as financial arrangements are complete. Councilman Or Boyle reported a letter from Stanley Flagg, 1146 South Main with a problem which has been resolved by -himself and Police Chief McDowell. Councilman 0:'Boyle- reported that they did not have a quorum at the last TAG meeting. Howevex,.they- reconfirmed the status of priorities for Kalispell and adopted the Traffic Action Program.. The next TAG meeting will be at 9:30 A. M., September 18th at the office of the Highway Department. Gounclman-0'Boyle moved that Pack & Company's contract for S.I.D. #326 be approved for extension through August 31,, 1979. The contractor has completed the main items and only clean up, work. is left. to be finished. Seconded by Councilman Daley. Motion carried. Gaunailman.0'Boyle moved to authorize Director of Public Works Kain to ask Pacific Power & LiEIit tor install necessary lighting in the City parking lot behind the bowling alley het-.4cers ist-. Avenue and 2nd Avenue West. Seconded by Councilman Zauner. Motion carried. CITY DwnoP1404T Councilman Saverud reported that the Clerk, Treasurer, Finance Director, Water Department and Building Department have moved back into the remodeled water department building_ The committee along with Architect Schwartz met on July 30th, inspected the building and accepted all but the mechanical part. Brown Appraisal has been hired at a cost of $350 to appraise Block 69 of the Redevelopment Program. They have approved a contract with Thomas, Dean & Hoskins, Engineers for a survey. When the survey is complete they can then proceed to advertise for sale. RESOLUTION #3251 The EDA Storm Drain Project for the WestPlorth area of Kalispell being complete and approx- imately $lt,000 grant money remaining, Councilman Granmo moved that Mayor Happ be authorized to sign Change Order #?_ in the amount of $3,873.00 to utilize the balance of the project funds. Said change order will be used for additional asphaltic concrete work, in conjunct- ion with new curb, gutter and sidewalk being installed by the City on West Wyoming, east of U. S. #93 an area that was excavated to install the storm sewer. Seconded by Councilman Grainger. Roll call vote. All voted aye. SAFETY Councilman. Grainger had no report. ADOPT FINAL BUDGET RESOLUTION #3252 Councilman Ruiz moved adoption of Resolution 7#3252 a resolution adopting the final budget with the following changes: 1) In the General Fund, the Golf Course will show $1500.00; 2) Titles in the Sewer Department will be changed to Transmission & Collection and Waste- water Treatment Plant; 3) S.I.D.'s will read: #326 - $15,300; #327 - $1,650,000; #328 - $300,000 and #329 - $134,700; Total - $2,100,000. Total General Fund :Budget is $1,746,850. and Total Budget is $8,848,708. Seconded by Councilman Saverud. Roll call vote. All voted aye. Taxable valuation for the year 1979 is $15,583.300. RESOLUTION #3253 Councilman Ruiz moved adoption of Resolution #3253 a resolution making the annual tax levy for the City of Kalispell for the year 1979 as follows: General All -Purpose - 68.00 mills Liability Insurance - 4.80 mills Health Insurance - 4.60 mills Retirement (PER➢ & Police) - 5.30 mills SID Revolving - 1. 0 mills TOTAL 84.20 mills Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Finance Director Swanson explained that the ordinance covering the levy for capital improve- ment allows it to be dropped this year and picked up next year. There will be no capital improvement levy for street and/or fire departments this year. The SID Revolving Fund has been increased from .5 to 1.5 this year to make bond sales for SID's more attractive. MSCELLANEOUS Councilman Saverud moved to approve the appointment by Mayor Happ of Paul Palmer to the Parking Commission for a 3 year term from August 1, 1979 to .Tune 30, 1982. Seconded by Councilman O'Boyle. Motion carried. APPOINT DEPUTY CITY CLERK RESOLUTION #3254 Councilman Ruiz moved to approve the appointment by Mayor Happ of Wanda E. McDowell as Deputy City Clerk. Seconded by Councilman Saverud. Roll call vote. All voted aye. Councilman Smith reported that rezoning of all those portions of the City that have not already been rezoned with the exception of downtown will be ready for the first reading of ordinances at the August 20th meeting, PURCHASE PAF=1(2 LOT Councilman Saverud moved approval of -the purchase by the _Parking Commission of a corner lot 50' x 142' at lot Avenue and lot Street -Bast. Seconded by .Councilman O'Boyle. Motion carried. Mayor Eapp reminded councilmen -that there will -be a.meetino at 9:30 A. M., Friday, August 17th reb rding working in Main Street with the Redevelopment Plan. Friday noon the Annexation Committee will -meet with -Councilman Smith. Councilman Saverud moved to adjourn. Seconded by Councilman O'Boyle. Motion carried. ATTEST: Marjorie Giermann, City Clerk _Norma E. Kapp, Mayor � i C Honorable Mayor & City Council Members City Hall Kalispell, MT 59901 Ladies and Gentlemen: D.A. Davidson & Co. Montana's Oldest June 18, 1979 Investment Firm P.O. Box 1118 32 Second Street West Kalispell, Montana 59901 (406) 755-6212 Offices: Billings, Butte, Great Falls, Helena, Missoula Corporate Office: Davidson Building Great Falls, Montana 59401 Members: For $300,000.00 par value of legally issued and properly executed Midwest Stock bonds of Kalispell, Montana Special Im,.provement District Number 328 Exchangelnc. as more fully described in the Official Notice of Sale, which Notice Pacific Stock of Sale is hereby made a part, of this proposal, we will pay you par Exchange Inc. plus a total premium of $177.00 and accrued interest from the date. of the bonds to the date of delivery to us in Kalispell,,,flontena for bonds maturing January 1, 1999, dated July 1, 1979, and bearing various coupons in stph combinations that the total interest paid on any individual bond will not exceed 8.701%. Prior to our accepting delivery of said Securities, you agree to furnish a certified transcript of all legal proceedings requisite to their issuance and delivery, including proceedings required for the creating of said Special Improvement District, and for the execution of a contract and surety bonds in the full amount of such contract, assuring the completion of the improvements to be financed by the bonds in accordance with the plans and specifications and at a cost, including all incidental costs, not exceeding the principal amount of the bonds and including a signature and non -litigation certificate in the customary form to the effect that there is no pending or threatened litigation involving the special improvement district. This proposal is made subject to the unqualified approving opinion of bond attorneys to be designated by us, as to the legality of the bonds, as to the interest being free from Federal and State of Montana income taxes, and subject to the establishment by the city in said proceedings, in the opinion of said attorneys of the maximum security for the bonds which is permitted by the provisions of Title 77 Chapter 2,, parts 41 and 42, Montana annotated. Said maximum security is to include the adoption, of a resolution by the city agreeing to issue orders annually authorizing loans or advances from the Revolving Fund to make good any deficiency in the principal and interest account to the extent funds are available, and to provide funds for. such Revolving Fund by making a tax levy and loan as the city determines necessary. — 2 — The bonds are to be delivered to us on or before August 25, 1979, or thereafter at our option. The cost of the printing of these bonds will be paid by D. A. Davidson & Co. and the fees of approving attorneys will be paid by us. We herewith hand you our Good Faith check for Sa30,000.G0 as evidence of our good faith in complying with the terms and conditions of this proposal which is to apply as part payment for said bonds when the legality or security of same has been approved by our attorneys, and to be forfeited as fully liquidated damages should we fail or refuse to take up said bonds as above provided. Said check is to be returned to us if this proposal is not accepted, or if the above attorneys should decline to approve the legality or security of this issue. This offer is for immediate acceptance. Respectfully submitted, D. A. DAVIDStqN CO.By c r A Accepted for and on behalf of � ,,:- h�� ,.ficxntana pursuant to authorization by its governing body and rec pt of the above mentioned check acknowledged, on this date 717 J ' ev ATTEST: P J r- a) till . :fit da ORDINANCE NO. 759 AN ORDINANCE CREATIiNI THE SPECIAL !MPROVE2'•ErT DISTRICT REVOLVING FUND O:' THE CITY OF : ALISPELL, NONTAIIA, IU ORDER TO SECi':;E PRODTT PAY?4ENT OF BOND ISS -D WITH RESPECT TO Ii'?PROV-OITS INN SPECI:.', isfPtU'iEt'li::' DISTRICTS OF THE CITY, AND THE 1.:i T ZB: ;ST i .:?R ESTABLISHING AN IPREVOrA UND -AXING OD °,G;'. , . O)T ."iP. P!.RT OF . CI:. T , 01: 'FRS Ai; WALK ANTNOP 17101 i. OR ADVA75ES FROM THE REVOW111C FUND TO T:h cCi''".&L Ii 1 W :IT D'XTaICT FUNDS INVOLVED IN !L!OUi:TS StI F70 -7 TO KAKI 'u ATY DEFICIENCY I:: THE . 1D AND ._::TF.:,.: 0 ACCOUNTS THEREOF TO THE EXTENT THAT FUNDS ARE AVAILr'iBLE, t,ND TO PROVIDE FUNDS F;::.2 THE REVOLVING FUND BY ANNU.^,LLY MAKING SUCH iK T LEY OR LOAN FROM THE GENERAL FUND AS MAY BE NECESS AFY TO M . THE FI".':ANCIAL R F GUIs E-SENTS THEREOF, Si;:.; 6CT TO THE MAX: 7NmM LI2iiir"iT _JN !MPOSED BY RCM 11-2270 ; :'. ND ? OV DING FOR Ti:E ACCIIAZ iGN AND MAIi'iTE:iWE OF A RESERVE IN THE R "'-. LTG FUND IN THE AMOUNT NECESSARY FOR PAYMiINT AND REDEZ" T T fl' OF BONDS AND INTEREST BE IT ORDICUTED BY Tn:u CITY COUNNCIL OF THE CITY OF WZISPELL, MONTANA, AS TOLLOWS: Section 1. Under and pursuant to the provisions of Sections 11-2269 to 11-2273, inclusive, of the Revised Codes of 'Montana 1947, as amended, there is hereby created and :- ablished a special fund which shall be maintained by the City Treasurer on tea >;ficial books and records of the City, separate from all other funds, to be known and designated as the SpeW , o- anent District Revolving Fund, for the purpose of securing the pro ;per pr,r;.; n t of .special im- provement district bonds issued in payment of the cost of improvem-n is wade for the benefit of special improvement districts of the City. Section 2. For the purpose of provi:ting funds for the Revolving Fund -the City Council may in its discretion, from time to time, transfer to the Revolving Fund from the General Fund of the City such amount or amounts as may be deemed necessary, as loans from the General Fund to the Revolving Fund, and shall, in addition to such transfers or in lieu thereof, levy and collect for the Re- volving Fund such a tax on all the taxable property within the City as shall be necessary to meet the financial requirements of the Revolving Fund; provided that .such levy, together with such transfers, shall not exceed in any one year five per centum (5%) of the principal amount of the then outstanding special improve- ment .district bonds of the City. Section 3. Whenever any special improvement district bond of the City, mr any interest thereon, shall become due and payable and there shall then be either no money or not sufficient money in the appropriate district fund with -which to pay the same, an amount. sufficient to make un the deficiency shall be loaned, by order of the Council, by the Revolving Funs to such district fund and used., with the amount then on hind in the district fun , to pay such bond and interes ;•nerever'any loan is made to any special improvement district fund from the Revolving und, the Revolving Fund shall have a lien therefor on all unpaid assessments and dnstallrents of assess-.ents on such district, whether delinquent or -not, and on all moneys thereafter comi..n into such district fund, to the amount of .such 1oa:a, together with interest thereon from the time it was made at the rate borne by the bond for payment of which, or of interest thereon., such loan xtas made; and whenever there shall be moneys in such district fund which are not required for payment of any bony; of such district, or of interest thereon, so much Df.such moneys as may be necessary to pay such loan shall by order of the . .i V Council be transferred to the Revolving Fund. After all bonds issued on any special improvement district fund have been fully paid, all moneys remaining in such district fund shall by order of the Council be transferred to and become. part of the Revolving Fund. Section 4. The City of Kalispell has undertaken and agreed in con- nection with the public offering, o- i-u Special improvement District No.30-3 Bonds, and de:_s hereby covenant, underta!:a and agree with the holders.of these bonds and all other special improvement district bonds to be offered at public sale in the future, so long as any such bonds, or any interest thereon, remain unpaid, that it will annually authorize loans or advances from the Revolving Fund to each fund from which such bonds are payable (each such fund being referred to below as the District Fund), and will provide funds for the RevolvinIg Fund by annual tax levies or loans from the General Fund, in accordance with the following procedures: (a) Separate bond and interest accounts shall be maintained on the official books and records of the City, within each District Fund. Upon the collection of the installment of principal and interest due November 30 in each year on the special assessments leveled and appropriated to the District Fund, the City Treasurer shell credit to the Interest Account _so much thereof as may be necessary to pay interest to become due on all bonds payable from the District Fund on the then next succeeding interest payment date, and shall credit the remainder thereof to the Bond Account. Any installment of any special assessment which is paid prior to the year in which it is due, with the interest accrued thereon to such payment date, shall be credited directly to the Bond Account. (b) The Interest Account shall be used solely to pay the interest due at annual interest payment dates on the bonds issued against the District Fund. . The Bond Account shall be used, whenever and to the extent that funds are avail- able therein, for the redemption of such bonds in order of their registration numbers, and the payment of interest accrued thereon to the date of redemption, in accordance with RC,14 11-2231. (c) A deficiency shall be deemed to exist in the Interest Account if ever the. balance on hand -therein, fifteen days prior to any date on which interest is due on the bonds payable from the District Fund, is insufficient to pay such interest in full. A deficiency shall be deemed to exist in the Bond Account on any date on which there are not sufficient moneys in said Account to pay all principal due on any bonds payable from the District 'Fund. A deficiency. shall also be deemed to exist in the Bond Account on any date on which interest is due on bonds payable from the District Fund, unless the City has then or theretofore redeemed bonds in a principal amount equal to the sum of all installments of special assessments paid prior to their due dates, plus a fraction of the remain- ing principal amount of the special assessments originally levied and appropriated to the District Fund, equal to the nu:.;ner of installments of such assessments then and theretofore due divided by the total number of installments in which such special assessments are permitted to be paid. (d) The City Council, not less than fifteen days before the date when interest is due on bonds payable from any District Fund, shall issue an order authorizing a loan or advance from the Revolving Fund to the District Fund in an amount sufficient to make good any deficiency then existing in the Interest Account thereof, and on any principal or interest due date shall issue an order authorizing a loan or make good any deficiency then existing in the Bond Account thereof, to the extent that funds are available in the Revolving Fund: In the event that the balance on hand in the Revolving Fund fifteen days prior to any date when interest is due on special improvement district bonds of the City is not sufficient to make good all deficiencies then existin,? in the Interest Accounts of District Funds, such balance snail be allocated to the District Funds in which such de- ficiencies then exist, in proportion to the amounts of the respective deficiencies on that date. Any money subsequently received in the Revolving Fund shall be allocated to the Interest Accounts of District Funds in which deficiencies exist -2- in proportion to the amounts of the deficiencies on the respective dates of receipt of such money, until all interest accrued on special improvement district bonds of the City has been paid. On an-,- date when all su�a accrued int_rest has been any balance renaini,^.g in tr.e Rev:,k-ri . -ur,(! shall be loaned or advanced to th%: 3end Accounts of District Funds in which deficiencies ti:•,n exist, in amounts proportionate to the respective amounts of such de:ficionciej. (e) At the same time as the ann a 'evy for general taxes is certified '.r coilection In eac:. year, ,ha Cx Cota,:J.� .'ii._ .:;aiCe a taxi levy" C.i all the �.. ble pry crty wit;. :e City of ;;. iispell i,. _ c. r: ou : r shall be reces- sary, together with any amounts therefore 'tl arsfez t�cd to the Revolving Fund from the General Fund, to accumulate in the Revolving Fund, within a period not exceeding three year; from and after the issuance of bonds for any special im- provement district, and .:;ereaf... to maintain 1t all `ime a balance equal to fifteen 'per centum of t.-le rzin c`,)8a'•vi al..'• outstili.ding issues of spacial improvement district bonds, subject emu• maximum I-`,itation as to rate or amount o' st:ch ta.:. ;a! funds derived such to;: levy and transfers sh<:11 be irrcv:,--bly a -•reprinted to the Revolving runrr , and used on:.y for the purposes sit Forth in. '.: is ordinance, until all special improvement district bonds of the City and ;: l interest thereon are fully paid. Section 5. The balance required in Section 4(e) to be ace:-,mulated and r:aintained ".n t2:c Re-�rrllvin; rund is determined to be the L:.-inum az:- ,t :cessaiy as a reseri. -: for r%.:; :.._nt and reder-?tion of maturin.- special inprover ..t district bo adc; and i terest of the Cit--. Nothing herein shall nrevent the Ci-,:- Cc=i .il from appropriating to the Revolving Fund from other funds properly av<,.ilaole therefor amounts in excess of the minimum reserve established herein, or from transferring such excess amounts to the General Fund or using such excess amounts for the purchase of property against which unpaid assessments are outstanding pursuant to RC4 11-2273; but the City expressly covenants and agrees with the holders from time to time of all of its special improvement district bonds that no such transfers or purchases will be made at any time in such manner as to reduce the reserve in the Revolving Fund below the amount herein agreed to be mai twined. `I%e Revolving F.md will be deposited in a duly qualified depository bank and secured at all times as required by .cm i6-2618, but no time deposit s shall be made for a period exceeding one hundred eighty (180) days, and the City Council is also authorized to invest all or an,; portion of the reserve in direct obligations of the United States government, payable within not to exceed one hundred eighty (180) days from, the time of such investment. Section o. This ordinance shall be in full force and effect from and after its passage and approval. Passed and adopted by the :City Council of the City of Kalispell, Montana, this 13t1z.day of 1'ny 1968, and approved by the Mayor of said City of Kalispell this 13th. day of .11y , 1968. I, George Reardslea, City Clerk of the � of F.alispell, Montana, do hereby certifv that on the 16th day of clay, 6S, I posted a cc-bf�ti�e foregoing - ordinance ir, nry office and the same emained posted fora peripEi of five days and the foregoing is a true and sect copy of,'the ar ,,..dunce as passed by the Cit.,.,, Council. City:C� eTy- of the gity of Kalispell, Montana CERTIFICATION OF MINUTES RELATING TO $300,000 Special Improvement District No. 328 Bonds Issuer: City of Kalispell, Montana Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on Sept. 10 , 1979, at 7:30__o'cloC'_k P M. at. Council Chambers, City Hall - Kalispell, YIT Members present: Councilmen Louis A. Ruiz, Ann M. Smith, John A. Zauner, Francis T. O'Boyle, Wayne Saverud, Lauren. G. Granmo and Howard G. Grainger. Members absent: � Councilman Forrest W. Daley. Documents Attached: Minutes of said meeting (pages): -:9- 2- RESOLUTION NO. 3258 RESOLUTION AWARDING SALE OF $300,000 SPECIAL IMPROVEMIE vT DISTRICT NO. 328 BONDS, AND PRESCRIBING THEIR FORM AND TERMS AND COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, front which they have been transcribed; that said documents are a correct and complete transcript of the min ut-es of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and u;as attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 10thday of Sept. 1979. (SEAT) �'/r�!k , _��, ��_�_��• ram- z/ ___ �z Signature Marjorie Giermanri, City Clerk Name anci Title Council Member Louis A. Ruiz introduced the following resolution and moved its adoption: RESOLUTION NO. 3258 RESOLUTION AWARDING SALE OF $300,000 SPECIAL IMPROVEMENT DISTRICT NO. 328 BONDS, AND PRESCRIBING THEIR FORM AND TERMS AND COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS THEREOF BE IT RESOLVED by the City Council of the City of Kalispell, Montana, as follows: Section 1. Recitals.. It is hereby found, determined and declared as follows: 1.01. By Resolution No. 3226, adopted March 19, 1979, this Council declared its intention to create Special Improvement District No. 328 for the purpose of making special improvements within and for the special benefit of said district, which resolution designated the number of the district, described the boundaries thereof, and stated the general character of the improvements to be made therein, in accordance with the provisions of Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42. By said resolution this Council also declared its intention to cause the cost and expense of making such improvement to be assessed against the properties included within the boundaries of the district. 1.02. Notice of the passage of said resolution was given by publication five times in the Daily Inter. Lake, a legal, daily newspaper published within the City and by mailing a copy of such notice to every person, firm or corporation, or the agent of such person, firm or corporation, having real property within the ?proposed district listed in his name upon the last completed assessment roll for state, county or school district taxes, at his last knoign address. Said notice described the general character of the improvements proposed to be made, stated the estimated cost of the improvements, designated the time when and the place where tie Council_ would hear and pass upon all. protests made against the making of such improvements or the creation of such district, and referred to the resolution of intention, designated above, as being on file in the office of the City Clerk for the description of the boundaries of said district, all as provided in said resolution of intention. 1.03. At the time and place specified in the notices hereinabove described, this Council met to hear, consider and pass upon all protests made against the making of such improvements for the creation of such district, and after consideration thereof, it was determined and declared that insufficient protests against the creation of the district or the proposed work had been filed in the time and manner provided by law by the owners of the property to be assessed for said improvements,.and the Council did therefore by Resolution No. 3237, adopted May 7, 1979, create Special Improvement District No. 323, and did order the proposed improvements in accordance with the resolution of intention designated in paragraph 1.01 hereof. 1.04. Plans, specifications, maps, profiles and surveys for construction of the improvements in Special Improvement District No. 328 were prepared by the engineers acting for the City, and were thereupon examined and approved by this Council. An advertisement for bids for construction of said improvements was published in the official newsvaoer of the City on May 30 and June a, 19"79, calling for bias to be received on June 18, 1979, on which date the bids theretofore received were ooened and examined. After referring the bids to the engineers for the City it was determined that the lowest regular proposal for the furnishing of all work and materials required for construction of said improvements in accordance it th approved plans and specifications was the .proposal s'ubmiLLed by Pack and Company, in Kalispell; Montana, whose 'bid specified unit prices aggregating the sum of W244,771.00, based upon quantities of work and materials esti ated in the plans and specifications. A contract for construction of said improvements e.as therefore awarded to said bidder, subject to the right of owners of property liable to be assessed to elect to take the work and enter into a written contract therefor in the manner provided by Montana Code Annotated, Section 7-12-^--_147, which election the property oizners failed to make, whereupon the City and said bidder entered .into a written contract for construction of said improvements upon the bidder having executed and filed a'satisfactory bond with respect thereto. 1.05. It is presently estimated that the cost and expense connected with and incidental to the formation of said improvement district, including cost:, of preparation of plans, specifications, maps, profiles, engineerinq supe.-int.endence and ins-'Gtion, preparation of assessment rolls, expenses of making the assessments, the cost of word: and materials under the construction contract, and all other costs anc3 expenses, will be $300,000, which -2- amount will be levied and assessed upon all property within the improvement district on the basis described in the resolution of intention. The Council has jurisdiction and is required by law to levy and assess such balance, to collect such special assessments and credit the same to the special improvement district fund created for said district, which fund is to be maintained on the official books and records of the City separate from all other City Funds, to be used solely for payment of interest when due on the bonds herein authorized and for redemption of such bonds in order of their registration whenever and as often as the balance in said fund after payment of interest due is sufficient for the purpose. 1.06. For the purpose of paying the total cost and expense of making the improvements, which is to be assessed against the property within the district, this Council called for the sale of bonds in the principal amount of $300,000. After a public sale noticed and conducted in accordance with applicable statutory provisions, the bonds were sold to D.A. Davidson & Co., of Great Falls, Montana. 1.07. All acts, conditions and things required by the Constitution and Ia.vs of the State of Montana, including Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, in order to make the bonds herein authorized valid and binding special obligations in accordance with their terms and in accordance with the terms of this resolution have been done, do exist, have happened and have been performed in.regular and due form, time and manner as so required. Section 2. Special Improvement District No. 328 Bonds. For the purpose of paying the costs and expenses incurred in construction of the improvements authorized to be constructed in Special Improvement District No. 328, and in anticipation of collection of special assessments to be levied therefor, and in accordance with the public offering and contract*of sale described in paragraph 1.06 hereof, the City of Kali -spell shall forthwith issue and deliver to the purchaser its Special Improvement District No. 328 Bonds in the total principal amount of $300,000, payable solely from the Special Improvement District No. 328 Fund. The bonds shall be dated and registered as of July 1, 1979 and shall be 300 in number and numbered serially from 1 through 300, each in the denomination of $1,000. The bonds shall mature on January 1, 1999, subject to redemption and prepavment-prior thereto in accordance with Section 3.hereof. The bonds shall be payable to bearer, and shall bear interest from their dale of registration until called for redemption or paid in -3- full at the rate of 8.70% per annum. Interest shall be payable on the lst day of January of each year, commencing January 1, 1980, represented by coupons appurtenant to each -bond. Section 3. Pavment of Principal and Interest. The principal of and interest on the bonds shall be payable at the office of the City Treasurer. The interest shall be paid by the City Treasurer from the Special. Improvement District No. 328 Fund on presentation of the coupons belonging thereto when due, and any balance remaining in the fund shall be applied to the payment of the principal and the redemption of the bonds in the order of their registration as evidenced by their serial numbers. Whenever there is any balance in the fund after paying the interest due on all bonds drawn against it, the City Treasurer shall call in for payment outstanding bonds in an amount which, together with the interest thereon to the date of redemption, will equal the amount of the fund on that date. The date of redemption shall'be fixed by the City Treasurer, who shall give notice by publication once in a newspaper published in the City and by written notice to anv holder or holders of such bonds if their addresses be ;no n , of the numbers of the bonds and the date on ;,7hich payment will be made, which date shall be not less than ten days after the date of publication or of service of _notice. On the date so fixed interest shall cease. Section.4. Form of Bonds. The bonds and the interest coupons appurtenant 'thereto shall be drawn in substantial1v the form set forth in Montana Code Annotated, Section 7-12-4202, as more fully set forth in Exhibit A attached hereto and by this reference made a part hereto. Section 5. Execution, Registration and _Delivery of Bonds. The bonds shall be prepared under the direction of the City Clerk and shall then be signed by the facsimile signatures of the Mayor and Cleric, and the interest coupons appurtenant thereto shall be executed and authenticated by the printed, lithographed or engraved facsimile signatures of the Mayor and Clerk. The bonds and coupons of each issue shall then be registered in order of their serial numbers by the City Treasurer, as of July 1, 1979, and shall be delivered by the City Treasurer to the purchaser upon payment of the par value thereof plus a premium of $177.00 and accrued interest from the registration date to the date of such delivery and payment. The purchaser shall not be obligated to see to the application of the purchase price., but the proceeds of -4- the bonds shall be credited by the City Treasurer forthwith to the Special Improvement District No. 328 Fund, and used solely for the payment of the cost and* expenses necessarily incurred in the completion of the improvements heretofore ordered, except that the accrued interest received shall be applied in payment of interest on the bonds when due. Section 6. Special Improvement District No. 328 Fund. 6.01. There is hereby created and established a fund designated as "Special Improvement District No. 328 Fund," which shall be maintained by the City Treasurer of the City on the books and records of the City separate and apart from all other funds of the City. within said Fund there shall be maintained separate accounts, designated as the "Bond Account" and "Interest Account," respectively. Upon the collection of the installment of principal and interest due on November 30 of each year on the special assessments to be levied with respect to the improvements in said District, the City Treasurer shall credit to the Interest Account in the District Fund so much of said special assessments as is collected as interest payment. Any installment of any special assessment paid ?prior to its due date with interest accrued thereon to the nearest bond call date shall be credited with respect to principal and interest payments the same as other assessments are credited to the District Fund. All moneys in the Interest Account and the Bond Account shall be used first to pay interest due, and any remaining moneys shall be used to pay bonds. Redemption of bonds therefrom shall be in order of their registration numbers, and interest shall be paid as accrued thereon to the date of redemption, in accordance with the provisions of Montana Code knnotated, Sections 7-12-4203 and 7-12=4206. 6.02. The Council shall annually or more often if necessary issue an order authorizing a loan or advance from the Special Improvement District Revolving Fund to said District Fund in In account sufficient to make gooey any deficiency then existing in the interest Account in said District Fund, and shall issue an order authorizing a loan or advance from the Revolving Fund to the District Fund in an amount sufficient to make good any deficiency then existing in the Bond Account of said District Fund to the extent that moneys are available in the Revolving Fund. Pursuant to Ordinance No. 759, the City has undertaken and agreed to provide funds for the Revolving Fund by levying such tax or making such loan from the General Fund as authorized by Montana Code Annotated, -5- Section 7-12-4222. 'In the event that the balance on hand in the Revolving Fund fifteen days prior to any date when interest is due on special improvement district bonds of the City is not sufficient to make good all deficiencies then existing in the improvement district fund for which the City has promised to make loans from the Revolving Fund, the balance on hand in the Revolving Fund shall be allocated to the funds of the improvement district in which such deficiencies then exist in proportion to the amounts of the deficiencies on the respective dates of receipt of such money, until all interest accrued on such special improvement district bonds of the City has been paid. On any date when all accrued interest on improvement district bonds of the City payable from funds for which the City has promised to make loans from the Revolving Fund has been paid, any balance remaining in the Revolving Fund shall be loaned or advanced to the improvement district fund for payment and redemption of bonds to the extent the improvement district fund is deficient for such purpose, in an amount proportionate to the amount of such deficiency. A deficiency shall be deemed to exist in the Bond Account of the Special Improvement District No. 328 Fund on any date on which interest is due on bonds payable therefrom unless the City has then or theretofore redeemed bonds in a principal amount equal to the sum of all installments of special assessments paid prior to their due dates plus a fraction of the remaining principal amount of the special assessments originally levied and appropriated to said Improvement District Fund equal to the number of installments of such assessments then and theretofore due divided by the total number of installments in which such special assessments are permitted to be paid. Section 7. Covenants. The City of Kalispell covenants and agrees with the holder from time to time of each of the bonds issued pursuant to this resolution that until all such bonds and interest thereon are fully paid: 7.01. The City will hold the Special Improvement District No. 328 Fund and the Special Improvement District Revolving Fund described above as trust funds, se-parate and apart from all of its other funds, and the City, its officers and agents, will comply with all covenants and agreements contained in this resolution. The provisions hereinabove made with respect to the Improvemment District Fund and Revolving Fund are in accordance with the undertaking and agreement of the City made in connection with the public offering of. the 'bonds herein authorized. 7.02. The City will do all acts and things necessary to enforce the provisions of the construction contracts and bonds referred to in paragraph 1.04 and to assure the completion of the improvements in Special Improvement District No. 328 in accordance with the plans and specifications and within the time therein provided, and will pay all costs thereof promptly as incurred and allowed, out of the Special Improvement District Fund and within the amount of the bond proceeds appropriated thereto. 7.03. The City will do all acts and things necessary for the final and valid levy of special assessments upon all property within the boundaries of Special Improvement District No. 328 in accordance with the Constitution and laws of the State of Montana and the Constitution of the United States, in are aggregate principal amount not less than $300,0000. Such special assessments shall be.levied in accordance with the basis therefor prescribed in the resolution of intention described above, payable in annual installments over a period of twenty years, each annual installment being due in an amount equal to one -twentieth of the principal amount of each assessment, with interest on the whole amount remaining unpaid at the rate or rates borne by the bonds, interest bung payable with principal installments. The assessments to be levied will be payable on the 30th day of November in each of the years 19SN' through 1911, inclusive, if not theretofore paid, and 4 �. shall become delinquent on that date unless paid in full. The first partial payment of each assessment shall include interest on the entire assessment from the date of registration_ of the bonds herein authorized to January 1, 19FO, and each subsequent partial payment shall include interest from one year on that payment and then remaining balance of the special assessment. The assessments shall constitute a lien upon and against the property against which they are made and levied, which lien may only be extinguished for payment of the assessment with all penalties, cost and interest as provided in Montana Code Annotated, Section 7-12-4191. No tax deed issued with respect to any lot or parcel of land shall operate as payment of any installment o` the assessment thereon which is payable after the execution of such deed, and any tax deed so issued shall convey title subject only to the lien of said future installments, as provided in Montana Code Annotated, Section 15-18-309. 7.04. If at.any time and for whatever reason any special assessment or tax herein agreed to be levied is held invalid, the City ana this Council, its officers ana employees, will take all steps necessary -to correct ttZC same and to re -assess and levy the saKe, including the -7- ordering of work, with the same force and effect as if made at the time provided by law, ordinance or resolution relating thereto, and will re -assess and re -levy the same with the same force and effect as an original levy thereof, as authorized in Montana Code Annotated, Section 7-12-4186. Any special assessment, or re -assessment or re -levy shall, so far as is practicable, be levied and collected as it would have been if the first levy had been enforced including the levy and collection of any interest accrued on the first levy. 7.05. There is now no litigation threatened or pending questioning the validity or regularity of the creation of Special Improvement District No. 328, the contracts for construction of improvements therein or the undertaking and agreement of the City to levy special assessments therefor and to make good any deficiency in the collection thereof through the levy of taxes for and the making of advances from the Special Improvement District Revolving Fund, or the right and power of the City to issue the bonds herein authorized, or in any manner questioning the existence of any condition precedent to the exercise of the City's powers in these matters. If any such litigation should be initiated or threatened, the City will forthwith notify in writing the original purchasers of the bonds herein authorized and will furnish the purchasers with a copy of all documents, including pleadings, in connection with such litigation. 7.06. The City will make no use of the proceeds of bonds issue hereunder which, if such uses had been reasonably e-xpected on the date of issue thereof, would have caused teem to be arbitrage bonds under the provisions c- Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations thereunder. Section 8. Authentication of Transcript. The City officers are hereby authorized and directed to furnish to the purchaser of said bonds, and to the attorneys approving legality thereof, certified copies of all proceedings relating to the issuance of said bonds and such other certificates and affidavits as may be required to snow the right, power and authority of the City to issue said bonds, and all statements contained in and shown by such instruments, including any heretofore furnished, shall constitute representations of the City as to the truth of the statements purported to be shown thereby. Section 9. Effective Date. This resolution shall be in full force and effect from and after its passage. Passed and adopted by the City Council of Kalispell, Montana, this 10th day of September , }1979. Approved /��/ �� • ��- Mayor Attest: z A1'�L2L.�vL yJ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member _.Francis T. O'Boyle , and upon vote being taken thereon, the following voted in favor thereof: Councilmen Ruiz, Smith, Zauner, O'Boyle, Saverud, Grano and Grainger and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. -10- UNITED STATES OF AMERICA STATE OF MONTANA SPECIAL IMPROVEMENT DISTRICT NO. 328 Interest at the rate of 8.70% per annum. Payable on January 1, 1980, and annually thereafter on the lst day of January in each year. SPECIAL IMPROVEMENT DISTRICT NO. 328 BOND Issued by the City of Kalispell Flathead County, Montana $1,000 The Treasurer of the City of Kalispell, Montana, will pay to bearer on or before January 1, 1999 the sum of ONE THOUSAND DOLLARS as authorized by Resolution No. 3237 as passed on the 7th day of May, 1979, creating Special Improvement District No. 328 for the construction of the improvements and the performance of work as authorized by said resolution to be done in said District, and all laws, resolutions, and ordinances _elating thereto, in payment of the contract in accordance therewith. The principal of and interest on this bond are payable at the office of the City Treasurer of Kalispell, -ontana. This bond bears interest at the rate of eight and seventy hundredths percent (8.700) per annum. from the day of registration of this bond, as expressed herein, until the date called for redemption by the City Treasurer. The interest on this bond is payable annually on the first day of January in each year, unless paid previous thereto, and as expressed by the interest coupons hereto attached, which bear.the engraved facsimile signatures of the Mayor and City Clerk. This bond is payable from the collection of a special tax or assessment which is a lien against the real estate within said Improvement District, as described in said resolution hereinbefore referred to. This bond is redeemable at the option of the City at any time there are funds to the credit of said special improvement district fund for the redemption thereof, and in the manner provided for the redemption of the same. The date of redemption shall be fixed by the City Treasurer, who shall give notice by publication once in a newspaper in Kalispell, or at the option of the City Treasurer, by written notice to the holders of such bonds if their addresses be known, of the numbers of bonds and the date on which payment will be made, which date shall not be less than ten days after the date of publication or of service of notice on which date so fixed interest shall cease. IT IS HEREBY CERTIFIED AND RECITED, that all things required to be done, precedent to the issuance of this bond, have been properly done, happened and been per- formed, in the manner prescribed by "the laws of the State of Montana and the resolutions and ordinances of the City of Kalispell, Montana, relating to the issuance thereof.. Dated at Kalispell, Montana, this lst day of July, 1979. CITY OF KALISPELL (Facsimile Signatum MAY O�n% (Fa imile Signature) CITY CLERK (SEAL) Registered at the office of the City Treasurer of Kalispell, Montana, as of this lst day of July, 1979. City Treasurer R100 (FORIM OF COUPON) F. Unless the bond described below is called for earlier redemption, on the first day of January, 19_, the City of Kalispell, Montana, will pay to bearer at the office of the City Treasurer of Kalispell, Montana, the amount shown hereon in lawful money of the United States of America, from the special tax or assessment referred to in the bond to which this coupon appertains, .for interest then due on its Special Improvement District No. 328 Bond, dated July 1, 1979, No. /" e (Facsimile Signature) (Facsimile Signature) CITY CLERK MAYOR t�f4) TIC REGULAR i•1EE� I' NG OF THE KALISPELL CITY CO t,TCIL WAS HELD IN TfTF, COUNCIL CHAMBERS AT CITY HALL AT 7:30 P. M., MOADAY, SEPPE DDR 10, 1979. MAYOR HAPP PRESIDED. COUNCILMAN DALEY ABSF-,'T. ALL OTHER COUNCI129ET WERE PRESENT. MAYOR HAPP REPORTED THAT COUNCILMAN DALEY IS HOSPITALIZED AidD HAD TRIED TO BE DISCHARGED TO ATTEND THIS MLETING, BUT HAD BE,21I ADVISED NOT TO DO SO. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of August 20, 1979 be approved as presented. Seconded by Councilman Smith. Motion carried. OPEN BIDS - Asphaltic -Concrete Paving - Woodland Park Firm Security Contractor'sNumber Bed American Asphalt Inc Bid Bond 2736A $14,617.50 Pack & Company Inc Bid Bond 2760A 14,958.54 Councilman O'Boyle moved to refer the bids to the Parks Committee with power to act. Seconded by Councilman Saverud. Motion carried. If Chairman Daley cannot act, Councilman O'Boyle will assist. OPEN BIDS - Street Reconstruction on Second Avenue West - 2nd to 4th Streets Firm Security Contractor's Bid Number Pack & Company Inc Bid Bond 2760A $45,614.22 American Asphalt Bid Bond 2736A 38,771.80 Councilman Zauner moved to refer the bids to the Street & Alley Committee with power to act. Seconded by Councilman Smith. Motion carried. PUBLIC HEAMTG - Pederson Annexation ORDNANCE #935 , Hearing no opponents, Councilman Smith moved first reading to enact Ordinance #935 an ordinance to extend the city limits to include Pederson Addition #106 with usual park requirement. Seconded by Councilman Zauner. Roll tali vote. All voted aye. PUBLIC HEARING - Ronnie Sheppard Application for Gaming License - VFW Club Councilman Grainger moved to accept the application of Ronnie Sheppard for a gaming license at the location of the VFW Club at Ill Main Street. Seconded by Councilman Zauner. City Attorney Donahue interjected the fact that Mr. Sheppard has been convicted of a gambling violation in 1976. Mr. Sheppard was asked about this and he replied that he was convicted of a misdemeanor and that his dealers license had been suspended for 6 months at that time. Councilman Saverud moved to table the motion to approve until the gambling committee can review and make a recommendation. Seconded by Councilman Zauner. Motion carried. ADDRESSING THE COUNCIL Garmen Meadows, owner of the Meadows Real Estate located at the premises described as Lot A, Resubdivision of parts of Lots 9, 10, 11 and 12, Block 105, Subdivision No. 72 (33-35 8th St. E.) presented a request that the council pass a motion to instruct the City Attorney to enter a compromise judnent in the pending suit (Case 29789 - an action brought by the City of Kalispell at request of Board. of Adjustment in that he is in violation of a variance granted several years ago) with terms and conditions as follows: 1. Said building may be utilized as a "professional office" building as defined by the zoning laws of the City of Kalispell, except that no medical or dental profession shall be permitted. 2. AcknowledF,c that there zre two separate: existing offices in the building with two separate entrances and two separate addresses. 3. There shall be no further expansion of the building permitted. 4. There shall be no more than two separate businesses allowed to occupy the building at any time. 5. Occupants of the building shall be urged to park in legal parking spaces south of the premises. 6. All signs on the exterior of the building must be mounted flush with the building and there shall be no more than three signs permitted on the exterior of the building with no more than 64 square feet total sign area. Maximum size of any sign shall be 32 square feet. 7. No more than 10 persons shall be permitted to occupy said building for the purpose of performing routine office duties. It is my understanding that all of the above items were agreed upon at the above mentioned meeting except for item #7. It is my hopes that my suggested wording on that one last issue will be acceptable so that we may get this settled -without having to resort to trial in district court. Councilman Saverud moved to accept the BOA recommendations with the exception of #7 which would read 9 persons. Seconded by Councilman Zauner. Discussion followed with input from councilmen and area residents. What is meant by 'routine office duties'? Does this mean just secretaries or all employees? Does it include the boss? Councilman Smith moved to amend the motion to read 'occupied or employed in said building exclusive of customers'. Seconded by Councilman Granmo. Sterling Rygg stated that he would like to see the suit go ahead and be decided by the court. Mrs. Rygg stated that their only exit is the alley and there is a lot of fast traffic — some of which is due to attorneys offices and the courthouse, but some is due to the real estate office. Councilman Ruiz stated that he had looked at the situation and the parking several times and can see no traffic problems caused by Mr. Meadows business. He should be allowed to run his business with whatever personnel he deems necessary to the operation. Who will police the business as to number of employees? Question called on amendment. Motion carried. Question called on motion. Motion carried. City Attorney Donahue will prepare offer to Mr. Meadows' attorney. COMMITTEE EFFORTS FINANCE RESOLUTION #3255 Councilman Ruiz moved adoption of Resolution #3255 a resolution to approve a transfer among appropriations within a general classification of expenditures ending the fiscal year, June 30, 1979. Seconded by Councilman Smith. Roll call vote. All voted aye. RESOLUTION #3256 Councilman Ruiz moved adoption of Resolution #3256 a resolution to transfer within the City Hall maintenance budget line item Office Equipment Maintenance to Water in the amount of $1,000.00. Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #3257 Councilman Ruiz moved adoption of Resolution #3257 a resolution to transfer S & C Sinking Funds to close out S & C sinking funds for the years 1967, 1968 and 1969. Seconded by Councilman O'Boyle. Roll call vote. .All voted aye. RESOLUTION #3258 Councilman Ruiz moved to adopt Resolution #3258 a resolution awarding sale of $300,000.00 Special Improvement District No. 328 Bonds, and prescribing their form and terms and covenants of the City for the security of the holders thereof. j Seconded by Councilman O'Boyle. Roll call vote. A21 voted aye. A j Councilman Ruiz reported that the annual clerk's report was sent to the DCA office in Helena on August 23, 1979. Councilman Ruiz reported that the finance committee met and reviewed the claims for August and moved that all claims found to be in order be paid. Seconded by Councilman Grainger. Motion carried. ANNEXATION Councilman Smith reported that the annexation committee needs more time to review the rezoning on the Bertschi Addition and that item will remain. tabled. ORDINANCE #934 Having considered the second reading of Ordinance #934 on rezoning of certain areas within the City, Councilman Smith moved to enact Ordinance #934. Seconded by Council- man Zauner. James R. and Bette L. Gilbert presented the following letter to Mayor Happ and Council- men: September 9, 1979 Dear Mayor Happ and Council Members: As joint owners of lots 18, 19, 20, and 21 of Baker's Southside Addition to Kalispell, we are opposed to the proposed B6 zoning designation for our property. Said lots and the buildings thereon are currently for sale. The narrow restrictions of allowable uses as stated in the B6 classification make the property impossible to sell. Because it is not a through street First Avenue West carries a minimal amount of traffic south of 11th Street. This fact., combined with the proximity of the property to the city maintenance shops, makes retail trade, resort business, or recreational use very unrealistic. The streets providing access to the area are such that tourists could never find their way to any business at that location, nor would they even be aware of its existence. We are recommending that you reconsider the zoning for the area in question and change the south boundary of the proposed B3 zoning area, between First Avenue West and Airport Road, to 18th Street South. Respectfully, /s/ Bette L. Gilbert fsl James R. Gilbert James R. and Bette L. Gilbert Councilman Smith. called on Zoning Commission Chairman Haarr for a review of the decision of the commission on this area. Mr. Haarr stated that there was very little input from anyone south of Korn Buick down Airport Road. The commission had felt that B6 would encourage tourist types of business and they had weighted in favor of the lighter commercial area. Mr. Gilbert apologized for being late with his request and explained that he had been out of town a great deal. Councilman Saverud moved to amend Ordinance #934 that everything in B6 Nest of Airport Road be deleted for review. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Question called on original motion. Councilmen O'Boyle and Grainger voted nay. All other councilmen voted aye. Ordinance enacted. COMPREHENSIVE PLAN Y-JrL idD= Councilman Smith moved to accept the recommendation of. the City County Planning Board to amend the Comprehensive Plan in an area on Buffalo Hill west of Grandview Drive, east of and including idorthridge Heights, sou-Lh of Park 'thew Terrace and North of Kalispell Regional Hospital from urban and low density to high density. Seconded by Councilman Saverud. Mayor Happ directed that it show in the minutes that Councilman Daley wanted to leave the hospital to attend this meeting. Steve Petrini, Executive Director APO, displayed a map and showed the various changes in the area being considered. Besides the. change in density, the recommendation is to make a through road from LaSalle to Highway #93'. Councilman Grainger asked why we do not want to zone the area commercial because of traffic problems and then change to high density residential which would create as much extra traffic as commercial. Mr. Petrini explained that this area had always been considered by the CCPB as best for residential because of the availability of city services and that at the 1974 plan the maximum residential was 10,000. With this change it would increase to about 14,000. Looking ahead to increased residential needs this area is the best. Bill Wheeler, 15 3rd. Ave. Fast read the council a letter which stated in part that Northridge, the golf course, hospital and other developments on Buffalo Hill are situated on some of the best gravel deposits in Flathead Valley, and this is true of the proposed mall development. Prior to any development, some method of salvage and use of this gravel should be devised. Also, traffic on Highway•#93 at this site is about to reach the saturation point. Mr. Wheeler suggested that the Kalispell Redev- elopment Group, Flathead County commissioners and the Kalispell City Council build a suitable courthouse complex at this site, even if we must bond the County. In essence, Mr. Wheeler continued, I am for zoning this area as commercial and public and annexation to the city provided the above problems are properly handled. Attorney Dan Johns, representing Developers Diversified, proposed developers of a 50 acre tract in the Buffalo Hill area, addressed the council with the fact that 3 acres within the area being considered has already been zoned commercial (Buffalo Hills Apartments and Commercial Addition #84). The 50 acres being considered for a mall is suitable because it is available and vacant; follows the growth of the City; there is a need for a mall which is evident if you go to the Southgate Mall in Missoula and see the number of Flathead County vehicles; the market has been studied by an unbiased firm in Spokane; major tenants have been contacted; Stahly Engineers & Associates have estimated that the mall would use 15,000 gallons of water per day compared to a possible 2000 residential units at 280 gallons per day. Mr. Johns stated that the Highway Department has been contacted regarding the extra traffic. The mall, with its own fire protection devices, would be less likely to require services from the fire department than residences. He added that Kalispell merchants should not fear competition, as free enterprise is a good way of life and they would gain more than they would lose. Attorney Johns concluded by saying that anyone speaking on construction of the mall should state whether or not they have a special interest. The League of Women Voters went on record as supporting the recommendation of the CCPB to amend the Comprehensive Plan. They do not oppose construction of a mall, but object to the proposed location because of the extra traffic and extra water run-off. Jim Thompson, architect for Taylor & Then, stated that he has worked with the CCPB for 7 years and with the rezoning for 2 years and had worked with the Gateway West Mall with no special interest. He would like to insure that this area being discussed stay residential area. Missoula had 3 or 4 site choices and the community decided where they would locate. Bill Janes, Contractor, stated that he is a resident of Northridge heights and for that reason opposes building a mall in the area. Councilman Ruiz stated that when the council was first approached, representatives of Developers Diversified were told that they could not have city services unless they annexed. They were also told that the Comprehensive Plan would have to be changed before the area could be annexed. Now that he has been informed that part of this area was annexed as commercial zone without a change in the CP and that this has been with- held either knowingly or unknowingly, Councilman Ruiz moved that in -the absence of Councilman Daley, the motion to amend the Comprehensive Plan be tabled until the next regular meeting, September 17th. Seconded by Councilman O'Boyle. Councilman Ruiz said the plan might have to be modified. He wants to visit with constituents. The high density would create more traffic and•more demand on city services than a mall. Perhaps it should be left zoned R3 or R4. Question called. Motion carried. Mayor Happ declared a recess at 10:00 P. M. StJ� Meeting .reconvened at 10:10.P. M. EMPLOYrTFDTT Councilman Zauner had no report. STREET & ALLEY REQUEST BY HEDGES SCHOOL TO BLOCK 5TH AVENUE EAST Councilman O'Boyle moved to grant permission to Hedges School on 5th Avenue East from 8th to 9th Street on school days from officials are liable for placing and removing same. If this sawhorses are not kept inside a building when not in use, the Seconded by Councilman Grainger. Motion carried. Officials to place sawhorses 8 A.M. to 4 P.M. and school is not complied with and privilege will be revoked. The request by J. Austin Miller and Stewart Carpets to have parking meters installed beginning at the corner of Center Street and Third Avenue West (on the south side of the street), easterly to the corner of Center Street and Second Avenue West, thence south on the west side of Second Avenue West; thence west on the north side of First Street West will be acted on after Mr. Miller's new office building is built. The Flathead Safety Council will meet for breakfast at 7:30 A. M. at Perkins on September 12th. Councilman O'Boyle requested someone from Street & Alley, Safety, Fire and Police to attend as they will be discussing parking at Flathead High School. CITY DEVELOPMENT ORDINANCE #933 Having heard the second reading, Councilman Saverud moved to enact Ordinance #933 an ordinance approving the Kalispell Downtown Redevelopment Plan for the City of Kalispell as an urban renewal plan and the feasibility of relocation; authorizing the Mayor to implement the plan with powers contained in the urban renewal law. Seconded by Council- man Smith. Roll call vote. All voted aye. Councilman Saverud moved that the Director of the Community Development Department be authorized to advertise for bids for demolition, clearance and site preparation of Lots 2 through 6, Block 69, Kalispell Original Ord. Ave. West between 3rd and lath Streets with bid opening October lst. Seconded by Councilman Smith. Motion carried. Councilman Saverud moved that the reappraisal value of the above lots established by Brown Appraisal Service on August 27th, 1979 at fair market value of $77,500 based on HUD approval for Elderly Assisted Multi -Family Housing be accepted. Seconded by Council- man Zauner. Motion carried. Councilman Saverud moved that the Director of the Community Development Department be authorized to advertise Lots 2 through 6, Block 69 Kalispell Original be advertised for sale. Seconded by Councilman O'Boyle. Motion carried. Director Gallagher announced a public meeting in the council chambers at 7:30 P. M., Tuesday, September llth on direction for application for funding in the amount of 1.5 million dollars. SEWER & WATEEi. Councilman Granmo reported that attendance was low at the September 6th 201 meeting held at the Evergreen School. A recommendation is being drafted to EPA for funding to continue studies and plans for a sewer system for Kalispell and surrounding areas. Councilman Granmo reported that the WestNorth Storm Drain is complete except for a small change order for street repairs and final inspection will be this Wednesday at 9 A.M. . The EastNorth Storm Drain and Street Reconstruction Project is still scheduled for bid letting on December llth. SAFETY Councilman Grainger reported that the bid for 2 police cars was awarded to Hines - Chrysler -Plymouth for 2 1980 Plymouths. The request by Wheatons Cycle and Toy.for a bicycle rack will be resolved by next meeting. Councilmen Grainger moved to confirm the appointment by Mayor Rapp of Martin Stefanie as police chief. Seconded by Councilman O'Boyle. Motion carried. LICENSE & PERMIT BONDS Michael Will dba Mike Will .Electric Electrician Continuation Certificate Councilman Grainger moved that all license and permit bonds reviewed by City Attorney Donahue be accepted. Seconded by Councilman Saverud. Motion carried. Chuck Houston, 1314 2nd St. West presented a petition signed by 29 property owners of Meridian Lots and Storm's Meridian Lots as follows: We property owners of Meridian Lots and Storm's Meridian Lots hereby challenge the validity of the variances and subsequent building permits which have supposedly been granted Kalispell Welding Works. We invite members of the City Council, Zoning Board, and Board of Adjustments - to examine the enclosed recorded Agreement to Deed of one portion of this business, signed by Clinton and Velma Houston and Wally and Alfred Getz, in which the Buyers agreed to fence and contain all parts of this business from public view. It is very evident this agreement has been flagrantly abused. This condition .has been questioned at other times with very little enforcement or satisfaction. The Meridian Lots adjoining Storm's Meridian hots are zoned residential. It is long past due that we have the support of the Council, Zoning Board, and Board of Adjustments in getting this deplorable mess cleaned up --or revoke a questionable variance. City Attorney Donahue told Mr. Houston that the statute of limitations on the agreement has expired - that the agreement was between property owners and had nothing to do with the City - that he should have done something a long time ago if the situation was not satisfactory. The area will be reviewed by the zoning commission and City Attorney Donahue will look at the petition and. agreement. Mayor Happ appointed the following persons to the Board of Appeals which is necessary since the council enacted the ordinance for abatement of dangerous buildings: Bob Erickson Joe Montgomery Karen Barbee Bill Heinecke Charles Tillson Councilman Saverud moved council confirmation of the appointments. Seconded by Council- man O'Boyle. Motion carried. Councilman Saverud moved to adjourn at 10:35 P. M. Seconded by Councilman Smith. Motion carried. Norma E. Happ, Mayor ATTEST: Marjo4ie Giermann, City Clerk 1; ou-. inapplicable wvru.: a„C' . ranks indicted b,., asteris,_s (*) (Fill in all bl nk:c not f�o s eker.. Insert "none" where appropriate ) STATE OF IMITAYA CERTIFICATE AS TO ORGANIZATION AIM SS FINANCIAL CONMITIOPi OF COUNTY OF CITY OF Kalispell We, the undersigned, being the duly qualified and acting Clerk and Treasurer, respectively, of the City of Kalispell , in the County and State aforesaid, and as such having custody of and access to the books and records of the City relating to the matters hereinafter stated, hereby certify that, as appears by such books and records and as hnoan to us, the following statements are true and correct: 1. Said City has been a duly organized city or town for more than 87 years and is now governed by the general laws of the State relating to cities of the lst class, operating under the Mayor -Council form of governmenl. Its popula- tion, according to the 1970 United States census, was 10,351 , and its estimated present population is 13,000. There are in said City approximately 6,294 registered voters, of whom approximately 90% appear upon the last preceding assessment rolls for State and County taxes as taxpayers upon property in said municipality. 2. The territory included within, its boundaries lies wholly in the County of Flathead , except , and homprises approximately acres. Said City isdivided into 4 wards, each of which constitutes a single election precinct, Ward Plumber Number of Precincts 19 3. The City is governed by a i,iayor and 8 Aldermen. The follow- ing named persons hold the offices set opposite their names and for the terms stated below: Name Office Term Began. Term Ends Norma E. Happ Mayor May, 19 77 May, 19 81 Marjorie Giermann Clerk -Appointed J%9c 19..25- May, 19 Gail V. Bruch Treasurer May, 19 77 May, 19 81 Norbert Donahue City Attorney Appointed May, 19 78 May, 19 Louis Ruiz Alderman May, 19.79 May, 19 83 Ann Smith J 19 79 May, 19 81 John Zauner " Niny, 19 79 May, 19 83 Forrest Daley May, 19 77 May, �9 81 Wayne Saverud Set 19 77 May, 19 81 Francis O'Boyle May, 19 79 May, 1983 Lauren Granmo May, 19 77 May, 1981 Howard Grainger May, 19 79 May, 19 83 4. Under the by-laws and ordinances of said City, regular meetings of the City Council are held on the lst & 3rd Monday of each month at 7:30 o'clock P .M., and notice of special meetings is required to be given (4r6XV-) # giving reasonable notice thereof. (in writing) to all members ( days)-( hours) in advance. 5. The following are all of the newspapers published in the City and the days of their publication: Name Daily Inter Lake Kalispell Weekly News Days of Publication 6 1 6. The City ( * (has not). by ordinance adopted as authorized by - Revised Codes of 1947, Sec. 84-4715, provided for the levy, collection, and equali- zation of manicipal taxes by the City. (If such ordinance has not been adopted, paragraph 6.1 may be deleted.) 6.1 The assessment books showing the value of the ta:M ble property in the City as ascertained by the last assessment for State and Count%- taxes previous to the date hereof, as correcLea pursuant '�0 o; Lhe local and sta-�e boards oY eeualizazion in Lhe year 19 , are kept and maintained in our office or offices and show the full cash value and the taxable or assessed value of said property as follows: Full Cash Value Assessed or Taxable Value Real Property $ $ Personal Property $ $ 7. The total outstanding indebtedness of said City (as of June 30 , 19 79 ) ( _) and the cash assets of said City were as follows: 7.1 OUTST-ANDING BOA7}S: (list each issue separately) Date of Years of Interest Interest Pay- Amount Issue Purpose Maturities Rate ment Dates Outstanding 5/1/68 Sanitary Sewer 15 4.85 May & Nov. 34,000.00 l/l/72 Sanitary Sewer 20 5.50 July & Jan. 130,000.00 7/1/76 Storm Sewer 20 6.75 July & Jan. 445,000.00 7.2 Of the outstanding bonds listed in 7.1, the following were issued pursuant to vote of the taxpayers affected thereby for the purpose of constructing a sewerege system or procuring a water supply or constructing or acquiring a water system for the City, which water supply or system is owned and controlled by the City and the revenues from which are devoted to the payment of such debt, or which bonds were issued to refund such water or sewer bonds, viz.: Date of Issue Purpose 7.3 Of the outstanding bonds listed it 7.1 the following are payable only from revenues of the system or undertaking with respect to which they were issued: 1968 Issue 1972 Issue 1976 Issue Purpose Sanitary Sewer Sanitary Sewer Storm Sewer ', .4 As of , '.9 , the City hay' on hand ca—zh appropriated to payment of the principal of and inceresi: on bonds described in 7.1 as folloac: Date of Issue Purpose AL:ount of Cash 1968 Issue Sanitary Sewer) 1972 Issue Sanitary Sewer) $48,798.23 1976 Issue Storm Sewer) Sewer Bond Reserve $63,420.00 , 7.5 The City maintains the following general funds (exclusive of those main- tained for payment of principal of and interest on bonds) and had cash therein and outstanding unpaid warrants or orders drawn thereon as follows: Name of Fund Cash on Hand Warrants Outstanding 7.6 The City had outstanding special improvement bonds or warrants, and had funds on hand for payment thereof, as follows: Mature of Improvement Amount Outstanding Cash on Hand S.I.D. #302 - Sanitary Sewer 23,500.00) S.I.D. #306 - Water Main 6,000.00) S.I.D. #307 - Sanitary Sewer 23,000.00) S.I.D. #308 - Sanitary.Sewer 6,000.00) S.I.D. #309 - Water Mains 3;500.00) $11,414.95 S.I.D. #312 - Water Mains 1,500.00) S.I.D. #313 - Water Mains 14,000.00) S.I.D. #315 - Water Mains 67,000.00) S.I.D. #316 - Sewer Lines 37,000.00) S.I.D. #321 - Street Improving 10,500.00) S.I.D. #322 - Curbs 64,000.00) S.I.D. #324 - Storm Sewer & Improvements 66,000.00) S & C Warrants 156,750.00 10,334.50 n. .7 1,}e Cit;; had no other general or special indebtedness of any kind and no other cash or sitilar assets except as follows: Description Amount of Obligation Amount of Asset y i5 8. There is no litigation threatened or pending questioning the organi- zation or boundaries of said City or the right of any of the above -named persons to their respective offices or questioning the right and power of the City and its officers to issue bonds for any purpose or to levy, collect, and apply taxes or other revenues for the payment of any bonds of the City. 9. The seal affixed below is the official corporate seal of said City. WITPr'�S our hands and the seal of said City this 10th day of Sept. , 19 79 . (CAI) City /Clerk D City Treasurer -S- 20 STATE OF M,ONTATIA COUNTY CLEiLV'S CERTIFICATE AS To CITY OF K,--,ISPELL COUNTY OF FLATHEAD The undersigned, being the duly qualified and acting County Clerk of the County and State aforesaid, does hereby certify as follows: 1. The City of Kalispell is a duly organized and existing municipality situated wholly within said County. 2. Said municipality has not provided by ordinance for the collection of its taxes by its own officers. The assessment books showing the value of the tax- able property in said municipality, as ascertained by the last completed assess- ment for .state and county taxes previous to the date hereof, as corrected pursuant to actions of the county and state boards of equalization in the year 1979, are kept and maintained in my office and shots that the full and true value and the taxable value of such property are as follows: Full and True Value Taxable Value $ 176,996,806.00 $ 15,583,300.00 3. in addition to the State of Montana and the aforesaid County and said municipality, the following public corporations or taxing authorities have power to impose taxes upon property lying within said municipality: Name of Taxing District School District No. 75 WITNESS my hand and official seal this /d3z4ay of County Clerrh (SEAL) WAIVER We, the undersigned, being all of the owners and mortgagees of the property located in Special Improvement District No. 328 (the District) of the City of Kalispell, Montana (the City), hereby certify as follows: 1. We have received from the City the notice of intention to create the District and have no objection to the creation thereof. 2. We waive any rights which we may have to protest or object to the creation of the District, the construction of the improvements to be constructed therein, the levy and collection of special assessments against land within the District, or the issuance and/or payment of the principal of and interest on $300,000 Special Improvement District No. 328 Bonds of time District arising out of any defect, error or omission in proceedings taken to date by the City with respect to the District or Bonds. Dated: Sept. 7, 1979 BANK OF COLUMBIA FALLS By Its Exec. Vice President IM FALO HEA6 /k1ZOPERTIES r Its STATE OF MONTANA ) ) ss. CITY TREASURER'S COUNTY OF FLATHEAD) CERTIFICATE AND RECEIPT I, the undersigned, being the duly qualified and acting City Treasurer of the City of Kalispell, Montana, hereby certify that I did, as of the lst day of July, 1979, register each and all of the $300,000 Special Improvement District No. 328 Bonds of the City, dated as of July 1, 1979, and maturing on January 1, 1999, under Registry Nos. 1 through 300; that on the date of this certificate I received from D. A. DAVIDSON & CO., as purchaser thereof, the purchase price of the Bonds computed as follows_ Par Value Premium Less Goon Faith Check Accrued interest from July 1, 1979, to date hereof, at the rate of 8.70% per annum Total Purchase Price Less Good Faith Ch2ck- $300,000.00 177.00 --30,000.00 $270,177.00 and that I thereupon delivered the Bonds to said purchaser. WITNESS my hand officially as such City Treasurer this r day of DC -' -4°� , 1979. City Treasurer STATE OF MONTANA ) ) ss. SIGNATURE AND NO -LITIGATION COUNTY OF` FLATHEAD) AND AR{'ITRAGE CERTIFICATE We, NORMA E. HAPP, AND MI`kRJORIE GIERP-IANN, being respec- tively the Mayor and City Clerk of the City of Kalispell, Montana, hereby certify that, in our official capacities as such officers, we caused true and correct facsimiles of our signatures to be affixed, to $300,000 Special Improvement District No. 328 Bonds of the City (the Bonds) dated as of July 1, 1979, and I, GAIL V. BRUCH, City Treasurer of said City '_Hereby certify that I did, in my official capacity, as of July 1, 1979, affix the official seal of the City and register each and all and sign my own proper name to the Bonds. The Bonds are 300 in number and numbered serially in order of their registration from 1 through 300, each in the denomination of $1,000. The Bonds are payable to bearer and bear interest from their date of registration until called for redemption or paid in full at the rate of 8.70% per annum, payable on the first day of January of each year, beginning January 1, 1980, and on January 1, 1999, unless paid prior thereto. We further certify that we are now and were on the date of signing such :Bonds the duly qualified and acting officers indi- cated therein and duly authorized to execute the same, and we hereby ratify, confirm and adopt the facsimile signatures on the coupons attached to each and all of the Bonds as the true and proper sig- natures for the execution thereof. We further certify that the Bonds have been in all re- spects duly executed for delivery pursuant to authority conferred upon us as such officers; that no obligations other than those above described have been issued pursuant to such authority; that none of the proceedings or records which have been certified to the purchaser of the Bonds or to the attorneys approving the legal- ity thereof has been in any manner repealed, amended or changed except as shown by the proofs furnished; and that there has been no material change in the financial condition of the City or the facts affecting the Bonds, except as shown by the proofs so fur- nished. We further certify that there is no litigation threatened or pending questioning the organization or boundaries of the City or the right of any of us to our respective offices or in any manner questioning our right and power to execute and deliver the. Bonds or otherwise questioning the validity of the Bonds or the levy of any tales or special assessments to pay the principal thereof and interest thereon and that no sufficient petition requesting a referendum has been filed with respect to any of the resolutions of the City Council authorizing the issuance and sale of the Bonds or any proceedings preliminary thereto. We further certify that on the basis of the following facts, estimates and circumstances in existence on the date of this certificate, it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal. Revenue Code of 1954, as amended, and of Treasury Regulations, Sections - 1.103-13, 1.103-14 and 1.103-15; such facts, estimates and circum- stances being as follows: (1) The Bonds are being issued for the purpose of financ- ing improvements in Special Improvement District No. 328 of the City (the Project). (2) Based upon the most recent estimate of cost of the Project by Thomas, Dean & Hoskins, Inc., the Project is expected to cost the following: Construction: $ 244,771.00 Engineering and Inspection: 36,000.00 Contingency: 19, 229.00 TOTAL: $300,000.00 (3) The City has entered into a contract for the construc- tion of the Project in the total sum of $244,771.'00. The sum is not less than 2-1/20 of the total amount which the City expects to spend toward construction of the Project- (4) Work on the Project will proceed with due diligence to completion, and based upon the report by Thomas, Dean & Hoskins, Inc. , the Project will be completed by 150 Calendar days , 2101.1 from date of "Notice to Proceed". (5) The City will receive $ from the purchaser of the Bonds. This amount represents a payment of $300,177.00 for the principal of the Bonds plus $- representing accrued interest on the Bonds from July 1, 1979, to date hereof. (6) Of the amount set forth in (5) , $ will be used to pay the costs of the Project as set forth in (2), $ 1,250.00 will be used to pa.�T costs of issuance of the Bonds, including advertising and printing costs, financial advisors' and counsel fees, and similar expenses, and $ will be used to pay the first interest to become due on the Bonds. (7) The amount to be purchaser of the Bonds, less the does not exceed the amount to be the Project by more than 50. received by the City from the costs of issuance of the Bonds,. spent by the City to construct (8) The City expects to spend on the Project, within three years from the date hereof, at least 850 of the amount set forth in _ (5) . (9) The Project has not been and is not expected to be sold or otherwise disposed of by the City during the term of the Bonds. (10) The principal of and interest on the Bonds are payable from the Special Improvement District No. 328 Fund (the Fund) of the City. The City expects to use only the Fund to pay princi- pal of and interest on the Bonds. The moneys appropriated to the Fund are expected to produce amounts sufficient to pay all princi- pal of and interest on the Bonds when due. (11) The City. has established a Special Improvement District Revolving Fund pursuant to Montana Code Annotated, Section 7-12-4221. The amount on deposit therein, $ 22,775.50 , is less than 150 of the original principal amount on all outstanding Special Improvement District Bonds of the City the principal of and interest on which can be paid therefrom. It is expected that the amount on deposit in such fund will at all times be less than 150 of the original principal amount of all outstanding Special Improvement District Bonds of the City. (12) Pursuant to Montana Code Annotated, Section 7-12-4206, all Bonus shall be redeemed by the City Treasurer when- ever. there are :moneys available therefor in the Fund. As required by said section, ;whenever there are moneys in the Fund, after paying the interest on the Bonds, the City Treasurer shall call for redemption outstanding Bonds which, together :with the interest thereon to the date of redemption, will equal the amount of said Fund on that date. Therefore, it is not expected that the amounts on deposit in the Fund will ever exceed the sum of (a) 150 of the original face amount of the Bonds ($45,000.00) plus (b) the amount to be paid out of the Fund over the subsequent 13 months. (13) The City has not been notified of the listing or proposed listing of it by the Internal Revenue Service as an issuer whose arbitrage certificates may not be relied upon. (14) To the best of the knowledge and belief of the under- signed, the expectations of the City, as set forth above, are reason- able, and there are not present facts, estimates or circumstances which would change the foregoing conclusions. -3- WITNESS our hands officially as such officers and the seal of said City this day of r 1979. Mayor City Clerk )13 d City Treasurer (SEAL) STATE OF MONTANA ) ) ss. CERTIFICATE SHOWING DUE EXECUTION COUNTY OF FLATHEAD) OF CONSTRUCTION CONTRACT I, MARJORIE GIERMANN, City Clerk of the City of Kalispell, Flathead County, Montana, do hereby certify that the construc- tion contract for the construction of the improvements in Special Improvement District No. 328 with Pack and Company, in the amount of $244,771.00, has been duly executed by the Mayor and counter- signed by me in my capacity as. City Clerk on behalf of the City of Kalispell, that the contract was placed on file in my office after being signed by the contractor, and that payment and performance bonds submitted by said contractor and in connection with said contract were executed to the satisfaction and approval of the City Council, in the form and manner provided for in Montana Code Annotated, Title 18, Chapter 1, Part 2. Dated this, t day of 1979 / Marjorie Giermann City Clerk STATE OF MONTANA ) ) ss. AFFIDAVIT AS TO SIGNA- COUNTY OF FLATHEAD) TURES OF CITY OFFICERS Affiants, being first duly sworn, upon oath depose and say that affiant NORMA E. HAPP is duly qualified and acting as Mayor, affiant MARJORIE GIERMANN, as City Clerk, and GAIL V. BRUCH as City Treasurer, of the City of Kalispell, Montana; that in such capacities, respectively, affiants have been authorized to execute $300,000 Special Improvement District No. 328 Bonds of the City, dated July 1, 1979; that the signatures subscribed to this affidavit are the proper signatures of affiants as such 111avor, City Clerk and City Treasurer, respectively; that all facsimile signatures affixed,to the Bonds or the coupons appurtenant thereto are true and correct engraved, printed or stamped facsimiles of affiants' proper signatures; and that a duplicate original of this affidavit has been filed with the undersigned City Clerk in accordance with the provisions of Montana Code Annotated, Section 2-16-114(1). Mayor ' n�'� - 'et-, i, City Clerk V. City Treasurer Subscribed and sworn to before me this �'� day of '114 /;-Y- r , 1979. (Notarial Seal) STATE OF MONTANA ) ss. COUNTY OF FLATHEAD) N ry Public for the State of tiionta��a Res g at Kalispell, Montana . My Commission Expires: I, the undersigned, being an officer, to -wit, the President of the lst Northwestern National Bank of Kalispell , Montana, hereby certify that I am well acquainted with NOR�n E. 11APP, Mayor, 'LIARJORIE GIERT,,1,ANN, City Clerk, and GAIL V. BRUCH, City Treasurer, of the Cit-.,; of Kalispell, Montana, who executed the attached and foregoing affidavit; and that the signatures subscribed to said affidavit aro to me known to be: the -true and correct signatures of said of1`iCC.rs, respectively. eWITNESS my hand and the sezl. ,said Bank this loth clay of t�t e-��`uer 1.979. �� This is to certify that every Bond and Coupon printed in connection with 300'000 City of Kalispell, Iontana Special Improvement District No. 328 Bonds has been destroyed by shredding except as delivered and one kept in our files, and that has been cancelled. $1000 Bonds No, 1 — 300 �� ^��-�—� inspector Dated July 1, 1979 Poucher Printing & Lithographing Co. NOS —')0 ON mr. rNNIT DAY of $7.00 1. uicxa th t t , EI 1 b f . i x r : It mption, the City of &ai,spell, ZI + y t I t i t City Tcenstuar, of A l�s+eil 41 } n ill1 -E dlon.�y of iho United 5ta , r t t i f:,e•,! to In the hand to .1A 1, t • n.-,c<st tilt. d.w ru lte Spatial Improve. n..x.t iJi i _3 .• , RTO. dated July I. 1479, lY t OR 'r hTo, B— � ON TIIF. rMST DAY OF $7.iJ0 1� JANUARY, IJJL 'ass the t 1 ri i t i I )fr r< i •mPtlon, the City of 2 i tt f f the (:sty Treasurer of r i. f 1 n y of the United S'a.,s ,h this era, frc.n t_,s ., cut r rid to in the bond S t whnh tiff ,, t >, E t •,t u der nn its Special Imprnva- t ILtri t \ 3�h con f o. dated IufY 1, 1J?9, t �ia„a ran No. B-16 ON TILE FIRST DAY OF y� JANUARY. 11-95, $7.0O mdess the bond described br,uv, Ls e:,l!rd h,r nailer redemption, the City of KalisPell. Montana, will pay to h, t tee f e f 1 City Treasurer of Ka1.1,cl Montana, ti t h h r i l (1 ey of tile Urfted States o� ' on nca, Erom r e special tar I:as •'a. lit re laced to in the band to which tivs caup.on •rt >, f riaterelst th a doe on its Special Improve y meat District \.,. 3_ 8 sad dated July 1. 1979, 1� ! i i ,,No. • " :7 `•c".ci.r�r .,,sera NO. B-14 ON THE FIRST DAY OF JA"'UAltY, •093, $7.00 �t nnI— the bond described be!cw is cubed for rnrlfer redemption, the City of Kali pelt, Montana, wilt nay to bcarer at the offico . f ire City Treasurer f q Aalispell Montana, the amc r t shown hereon in lawful money of the United Statra oft :Arrrerica, from m special t is r rase t r famed to in the bond 'j to which this coupon A for rs t —t th n I o., its Special Improve ti meat Distzfct No. 3'a ztc d , dated July 1. 1979,cerr 1 �. iG;E:NO. ciao No. B-12 ON THE FIRST DAY OF jA'UARY, 1991, $7.00 unless the bond desm'bed belyow is called for culler redemption, the City of Kalispell, Montana, will nay to bearer at the office of the City Treasurer of :fit Kaispoll, Montana, theout sh h c n lawful money of the United States o£ America, fro h s eciu t n sees m t referred to in the bond to which this coupon .ass for mterest,thrAdun On its Special Improve- ment District No. 32S a d dated July 1, 1979, // crrr rear asroR fs NO. B-10 ON T£TE FIRST DAY OF Q J,YNV-A_RY, 1989, 7.00 vales the bond described below is called for earlier redemption, the City of Kalispell, Montana, will pay to b—tir at the office of the City Treasurer of �{ $alspeU� Must.,;' the amam.t show. hereon I. lawful money of the United i Sta[es o America, from the special t:er or assessment referred to in the bond to which Phis cruPon ap ri.ies far m e.ext oxen due emir Special Improve meat District No. 23 —,cud,, 11 dated July 1. 1979, = our 0. NO. B—O ON THE FIRST DAY OF iNUaflY, 1987, $7.00 unless the bond described b-law fs called for earlier redemption, the City of Kalispell Montana, will pry to bearer at the office of the City Treasurer of Kalispefij Montana, the amount scowrl hereon in lawful money of the United States of America, from the special tax or assessment referred to in the bond m which tics trict coupen rap tatna ,for m rsrst tdue_on.its Special Improve. meat Dis dated Ja19lr 1. 1979,�a� '' � NO. B-6 ON ?13S FIRST DAY OF 71Nti ASIY', 1935, $7.00 Mesa the bond described below is cancel for earlier redemption, the City of f' Kalispell, Montana, will pay to bearer at the office of the City Treasurer of Kalispell. M tans, the amount shown hereon in lawful money of the United States o America, from the sreri I tax to assessment referred to in the bond to which this coupe,, n rt s for tn.rrest thcr due an its Special Improve - meat Dist et Na. 828 b, md, , - • r dated NY 1. 1979, �,_, �✓tit?�3V��._GS��O• i}t cam afar weer may" r ({ NO. B-4 ON THE FIRST DAY OF $7.00 ,I ANU.iii Y, 1953, ,4 maim the bond described below ii called for earlier redemption, the City of Kalispell, Montana, wfil pay to bearer at the office of the City Treasnrer of Kalispell M ntnaa. th,• a count shown hereon in lawiul money of the United Stat s o,Amer'ca, from th.. s:e .d tax or arms. t referred to fn the bond m which ilia pon rt .0 for interest then due on its Special Improve meat Dutrict N 3L3 , . dated July 1. 1978, .�.. _ .3 v `S ";No. - No. B-2 ON THEUFIRST DAY OF $7,00 �? JANARY, 1981, sa —I— the bond desesibd below is cali.d for earlier redemption, the City of KalIxpell Montana, ill pay to t-cr t the o&4co f the City Trc"'M of Kalispell. Montana, the ama,mt shown hereon in lawful money of he United States of Am 7 from, czi t- oz as.sats.0 .a r leered to I. the bond i4 to which this r for ivotme L9ra due cm its Special Improve N meat District ti 8 -3 d`rd t . dastad July 1, 19,9, ."-'°.. St,_:c—:cs 1'NO. N i>O. —1�3 O^t T;Ir. rnSTID%Y OF 7.00 cnla r t e :ids } 1 y „N rs tl_ t F e rlier redemption, The City of 1,111 u,y to a: the xf.ica of the City Treannrr of b dell M r e x , win L reon m lawfid money of the United S t 1 t x rr a_ emtaffi referred to In the bynd to h vx is ,c -„ c ravrest then duo on its Special tmPcovo- t D fct w,>„ _ No. dated July 1, J 1� co, n "x -' T(ss.a•,V ma J`/` _ No B-17 Oa THE FIRST DAY OF NU .ItY 1994, $7.00 ":s the bond d^a h F ]� : is c t d for earlier redemption, the City of 1, :•IL `fontz'7" ! p y t t,�acr L the office f the City Treasurer of f h i h tern in lawful o.ey of the United f li t t t a ma t referred to in the bond to hl:h this ,po a t, 1 in c.r>5t Lilo due.\on� its Special Improve- t District L'. 'z c, 4 r '' i� N\1iiNo. dated July i, 1979 `s !, k 1�� ON THE FIRST DAY OF Q 1 `l0. B"1� ,NUA1fY, 1994., yr7.00 less the hand described belj ow is called foz earlier redemption, the City of Kalispell, Montana, wiL pay to bearer at the office of the City Treasurer of Kvi,pru, Mantann, t _s .t shown hereon in lawful money of the United States of America, from the special to or as'ses3ment referred to in the bond to which this coupona s . for interest then do on its Special Improve- ment District No. Zl23 Sena :. St dated July 1. 1979 .� `• + ^\;! NO. NO. B-13 ON TITS FIRST DAY OF rrkSuAllY, '99=, $7.00 unless the bond de —wed be!ow is called for earlier redemption, the City of Ialispell, 'Montana, will Puy u, bearer at the office of the City Tseassner of I:ati;petl Montana, the artlounr shown hereon in lawful money of ilia United States o? America, fr m apeC ai tar or nssc.-c.t referred to In the head m which this coupe at r.urs for interest then due on its Special ImPmve- meat Dutrict No. :1L8 $cad i ( 1. • NO. dated July 1, 1979,'—, N ON THE FIRST DAY OF 1VO. B-11 JAI,UARY, 1990, $7.00 orders the bond described below is called for earlier redemption, the City of ifaliaprii, :lfontana, will pay to bearer at the office of tha City Treasurer of 1a!ispcll. Montana, lie a punt secwn hereon I. law-fiil money of the United States of America, from the spe al tar or ass s ideal referred to fn the bond to which this conPo ,,,,s.fo�mterzst ftien due on its Special Improve- ment District Nr. 32a, aad;. y t i dated July1, 1979"' '� No. cjrr corm No. B-9 ON TM FIRST DAY OF $7.00 JA.NUARY. 1988, unless the bond described below is called for earlier redemption, the City of Kaliepcil, Montana, will pay to bearer at the office of the City Treasurer of s'.alispeii Montana, the amount soawu hereon in lawful money of the United S:airs o 1merca, from the sj- 'at ,- or assessment referred to in the bond to which this coupon a at.,ss fo= interest then due on its Special Improve meat District No. 6 Lur•ri + • • + + `l No. dated July 1, 1979 uxli`1S £rraW°i`i ++ ON THE FIRST DAY OF No. B-1 jJ La Ja�X, 15S 1 $7.00 —I— the bond described bedew s called for earlier redemption, the City of Sa!fspcil Montana, will pay na hearer at the office of the City T.asnzez of tueoeil, Montaan, the nmuunt shown hereon in lawful money of the United States of America, from tiro si coact tar or assessment referred to in the bond re which this ceupor apr,rtaias, fox interest then due ou its Special Improve meat District No. 3 S ad' v No. dated July 1, 1979, + ,.:�,�\ NO. B-5 ON THE FIRST DAY OF JANUARY, 1954, $7.00 unless the bond desrnbed below I, called for earlier redemption, the City of Krffspcil, Moatana, wi11 Pay to bearer at the office of the City Treosnzez of Kaisprif Moutana, the aman.t sho•.vn here.. in I —I d money of the Nited S cafes of :America, from the special iaz or assessment referred to in the bond towhich thiscoupan stJt'ertaia £41^ralere5fl't1lta Yfne Oa its Special Improve ment District No. 3_3, ,L'.osrd-.. r dated July 1, 1979� �=; `�- )tZi,,l�tSL71 V No. NO. B-3 ON THE FIRST DAY OF $7.00 JANUARY. 198`.r, —1— the blind described below is .ailed for earlier zedemPtion, the City of KaiispeR, Montana, will pay to brarer at the office of the f try Treasurer d %alispell ii t na, tL oumt sbowa hereon in tawiui money of the United States of Aafnon. Fr .fin special tar or ......meat referred to I. the bond to whir.'. this ,Ian's*, -teas, S xrs+l—at then onean its Special ImProve- neat District No. 3,.a land t•x , ` NO. dated July 1, 197Sl .S e'ti--'LS:S v tjJJti c ctsu wma ON THE FIRST DAY OF No. B-1 JANUARY. 1990, $3.50 less the find described below is railed for culler redemption. the City of K.Haveli, Montana, will pay re, hearer at the office of the City Treasurer of IiaL.spell1 :fnntana, the amount sbown bereoa in lawful money of tho United S�tea z America, f om the sre ': inz r assessment referred to the bond m which :his roupcn ss�nrta�s, fin irtnreat-t.hea_d,7r to Special Improve meat Dstract beef=,.; , + `',q NO. dated July 1, 19791.J ;t_a S J �yi �' V .i No. 20 ON T1111 irI!?wT DAY OF 8$O.00 i.i �. � ON TIM MIST DAY OF �j�O.00 l i i t o ! li,a City { lYT 1 (} i 114 t 6 l City —less the hoard d. s 1 v r rr ad-nPHon, a# Yatnprll ".f t t f ? t (1 t n4e GCY Tr err f olrss the hard 2 !1 . i } 11 ! I r e rc pti t the of Kalispell, "tact ki t t p tit: at 1 t tY lies asnn-r f FaJsge[ i t t.l money of tho United i Y t Kaifr "scut fl t 1 m t i y of thv United Statca F a t -1-1 to in it,- bond poll, Si,a t filio, i. 1 t o u1 VA . d to to the bond to wh'. f . ,. �,�, ..,r ....�,t c!.<a, d", on its Special Improz- ru • t 1 teas : t , .,z sntertst than due on is special Irnpr.ve- � mnnt D t t t 1. b a. _3, No. dated Iut/ 1, .wi 1, set Dsstriit "I". - �• dated JAY 1, 19 9. y.,.�_ Ll:,c�car ""' 4ATaa f?' iltw�i�..,,,... l,.t,.,,...a�,✓ ..lr.;•.a, E ><lft' // Lm LlY.al tUYaw ON TITS FIRST DAY OF No. 18 $80.00 ON Tnr. FIRST DAY OF q! No. 17 80.00 T _sUiRY 19 7, bs.o :cr City Sivl4itY, i99B, —1 =ss the bond d"erfhed is - h-d earlier redemption, the of Yaluprlt Stnntann, will paY t. '• .u•' t if eo f fit. City Treasurer of .seas the bond des—Med L 1 is c 11, d for earlier redemption, the City of hla%pell, "f.at mt all i ay to t .in, at the of e f in City Tr asurer of Yalispe!i "far,#aces, fhe smust f T 1-1n -.zi dui tonav of the United Xnwifca, from -is K:dispell "tent tt a t .vn here. m i fnl nonov of be United States ett the 'pecan u: as e�senent zefersedto in the bond to w1d h this coup. pnertahis o m res tL n d . on its Special Improve- Stat. i inn f t ! t x r as. c-smeait referred to In the bond m which this sa o -_r: for r i ttrt• t then due on its Special Improve - initial District No. 8 mod, _ dated July 1. i979 >' i` �• meat District ri SZG Be,,,:.. -7�,7 lY �. dated July 1, 1979 t i i i, ±4 sF E. eon cm <Yaws -- — it ON THE FIRST DAY OF NO. 16 880.00 ON TITF. FIRST DAY OF 80.00 NO. 15 1ANCAUY, a99s, naless the bond described below is called for earlier redemption, the Citq of j1N CAfiY, 199A> less the bond described below is cniled for earlier redemption, the City of Yatispell, Montana, will Pay to hearer t !Ls c£iico of the City TzeasYuez of KalisPe71, "tuntana, alai! pay to hearer at the office of the City Treasurer of Yalispell Moutnna, di. amount shown hazacn in lawful money of the United Kalist>r!1 Montana, tha amount shown hereon in lawful money of the United States o�Arnedca, lean the special tar or assessment xefersed to in the bond Sinter of Am<rica, from the special less or assessment referred to to the bond ' to wuch this ccupon stripert1:..e for mt nest <hen due on its Special Improve- to which this co p inert s for interest then due on •i�ts7 Special Impim iseut District No. 326 Bultd,' dated July 1. 1979 - l - 4 i `� �• tjV-� 0• meat District N .,d9 ii.ttd 1V 0. dated 1. -- f T/ +y.�` Ul�� July 1979 J s , G QtA2 nAY.w ; t`dlr-s} �LIaK YOR NO. I4 ON THE FIRST DAY OF $80.00 T ON TILE FIRST DAY OF No. 13 $80.00 IiNUARY, Io9s, bond described below is for City )L�vARY, 199.2, for the City of indent the called erx7iez redemption, the o£ Salispell, Montana, w-i!i pay to bearer at the office of the City Treasazer o£ xmless the bond described below is called earlier redemption, Kalispell, Etmtana, will pay to hearer at the office of file City Treasurer of ! `3 $nlispell "Sontaaa, the amount shown hereon in fawfiil money of Hue United Xalirpcel Mantam, the mnount shown hereon in lawful money of the United 't States off? America, from the special tar or essesrmeat teferrad to in the bend to which this coupon e F rtaias fe i serest then due on its Special Improve- States o� America, from the. special tar or assessment referred to in the bond to which this c« pc maxi rat for interest then due oa its Special Improvo- mint District No. 3 8 i3..nd,. dated 1. 1979 �I s�.NO• went District 1 328 £fond �0• �" July -. , r ^- S `� �s+�^ U L! i.�,1— L4 Sf dated July 1. 1979 i \l 1 L✓ 1, ? -ens �N—'-`y"�'^"cam"+ Cbu'f4I 3 ' `/:.(.t�µ�1. ,Wf �.,. r.a•.0 E.YOFwzf7" it // CLawL 4AY0w• i a'sai n No. 12 ON THE FIRST DAY OF 3Ai"TAR', 2991, $80.00City ON THE FIRST DAY OF 1V �. 11 1990, 80.00 tmless the bond deseri'bed bellow is caL'ed for earcer redemption, the Citq of of .t,*IIlARY. the bond described be%w is e:.11ed £or earli>.r redemption, the City of Ysivpeli, bfontana, willpay to be of the ..`lice of the City Treasurer of artless Kalispell, Montana, will pay to bearer at the office of the City Treasurer of Ya7ispe12� Montana, the amount shown here.. to inwfvi money of the United States fr pefl "fantana, the amount shaven hercm in lawful money of the United bond `� . Ame:Ica, m in special tux or assessment mitrzed to in the bond to which tiffs coup. 'ip .sins, zor an nazi than.dt.e ga..ita Special. Improve- Stat t' Arm ri from the sPectal tat or a se meat inferred to in the St.t m Y fit h this cr po apputaeas, for interest then due on its Special Improve- meat District No. 3 S z.caQ>; -" dated July I. 1979 1 ,� I�Yffs�'N�. meat Dutnct N `i28 land (( 1, ^\ ; dated July 1, 1979 510. wiaaw'1`� 0 s 7' No. lO ON THE FIRST DAY OF @p Y $80.00 ON THE FIRST DAY OF qp NO. 9 $BO.00 hsmlest A.'4'i?ARY, S9, the bond described below is called for earlier redemption, the City ANUARY, 2988, the bond described below is coiled for earlier redemption, the City of of YsIispell, "Sontana, will pay to beater at the office of the City Treasurer of unless Xniispeli, Montana, will pay to bearer at the office of the City Treasurer of c� X.%S.pell Montana, t?:e amount shown hereon in lawful money of the United States America, from the tan in Kalispe!1 Mantnna, the amount shown hereon m lawftil money of the United fr.m her to in the bond of special or assessment referred to the bond to which this ec—. w.s, fur u.usccst .laaz. <.t.a;on is Special Improve- States o�Amrrica, the special or assessment zefcaed to whirh this coupon -tans, the faterestthen-d e, on its Special Improve- r melt District No. 3 z, .tuj-, `�. dated July 1. 1979 .fir�+'° O• pp meat District N 23 Band � ",Z i dated my 1. 1979'L"VLSV�%,'i! NO. July � ._ 3 £. W.�ye� crrr aaac uwxow //(•r•` '� ciznr "`" u..rn. 1t7�� 8 ON THE FIRST DAY OF $8 lV Ji'YU.s TtY", 1957> yiO ON THE FIRST DAY OF $8 NO. % 1988, .pOO.00 A of tealisa the bond described below is called for earlier redemption, the City of City !AN'UAIiY', unless the bond described below k called for enrliez redemption, the City of Y:ispell, Sfontana, will pay to bearer at the office of the City Treasurer of Kalispell, Mention, will pay to bearer at the office of the City Treasurer of 'i Yaispcll Montana, the amount shown hereon in lawful money of the United States America, from the the Kalispell Montana, the amount shown hereon in lawful money o£ the United from fats to in the bond of special or assessment referred to in the bond to which this coupon iertains for interest the t-duo-on-its Special Improve- - States ofr America, the special or assessment referred to which this coupon appertamst far lntrsest Yhtn due on its Special Improve - ' �t dated District No. 3 8 Been, � L. dated Icy 1. 1979 .�.. 7 ry ..,�� i�NO. meat District No J_S Bona � dated July 1, 197 1 1`1 O. i .� w yG �,..w�% s..Jl�uV1L_..V W crrr cirac stwrow N®. 6 ON THE FIRST DAY OF @@ rA."vIIARY, i985, $80.00 ON THE FIRST DAY OF @80 00 No• 5 I;iNUARY, 1954, $ mmless the bond described sr�ow is called for earlier redemption, the City of unless the bond described beicw is called f.r earlier redemption, the City of Yalispell, Montana, ziil pay to bearer ^t the office of the City T umcr f 1 iispe11, Montana, will pay to hearer at the office of the City Treasurer of Yalfspell "i mtana, the amount shown hereon in lawful money of the United States from the Kalispell Montana, the amount shown hereon in lawful money of the United States America, from flue tat in ofrAmcrica, <pcmai. tax or assessment referred to in the bond it which this coupon a cry tins or to a st then nue.on its Special Improve- of special .r assessment refereed to the bond to which this ccupon appettai=6 fin mtcie ! then due on its Special Improve. V+ a meat District, No. 3 �n„3 �T dated jtily 1, 19.9, ...... u, .__ •-_.-".: _,1„=,�1_i�,1�0. meat District No. 3.'.d .3cmd,� { 1LT�• dated July 1, 1979�� t�F�LS \.1 l� ..JLSj'�-�5 ON THE FIRST DAY OF NO.4 $80.00 ON TITE FIRST DAY OF NO. 3 $80.00 A J1NUARY, 1983, unless the bond described below is for the City ANUARY, 1982, the bond described below is for redemption, the City of cniled earlier redemption, of Ysiispell, Montana, "li pay to bearer at the office f the City T .surer f unless called earlier Kalispell, Dionrnna, T i11 pay to bearer t the office of the Gty Tr ant er of : Yali*PeH Montana, the.• iaioiatt slrown hereon in lawful money of the United KaliePclif ltantana, the a aunt shown hereon in 1—fed money of Lhe United States o�Amenca, Iron tl.e sp,•cinl tax or assessment referred to in the bond >b which th s coupe n talus for interest then dun ca its Special Improve- States or America, from the special far or--smcnt referred to in the bond to which this coupon app-taina, Sor!lincr st ttitm doe -ma its Special ImProve- 1 treat District �.'n. 9 iioud,' •,\ N meat District Na.% i 0• lU N :I dated 3 y 1, 1979,.�l`I o• dated July 1. 297 i , �nA ' lY � CGS cSVL� .tau l� ON TIIE FIRST DAY OF NO. 2 80.00 ON THE FIRST DAY OF NO. 1 lane, $40.00 g ra j\',VARY, 1931, tmiess the bond described below is c•alicd for earlier redemption, the City of jiNUARY, less the bond described bolo is callcd for earlier dcmption, the City of -i Yaliapeil, "i.ntana, will pay t. bearer at the office of the City Treasurer i Kalispell, Montana, will pay to bearer t the office f the City Trea, orcr of v Yatisprfl Moataxta, the annual showwv hereon in lawful money of the United - -- � Kalispell "fontann, the. a mvnt shown L++croon in lawful .oney of the United Americt, States .2 Amc aces.: Local #et or stuevt-of—ed to in the bond to wbfch this coupe oat z y tst thLn dud oe its Special Improve- States t from tehe so -id far o ...anent r��f�•r d to n the fiend to which this co p n mi"ie U trR cur¢ st tbani chic, on its Special Improve - spent District No. .� na3,-,: JL:c_:i 1: 0. meat District \ 5 ejicm (( i No. .,� Sri dated Jay 1, 1979, -_ _ .• 1`t dated July 1, 19'_� 1ivlsLiu..1J .� •Lt.ti J'-<,. ` Cesar .w +iwmw ti,. 'r•---�_ �L;_---�.�='=-�i?::v---'^ter`--r-=:._ter;.'---.;.: i---�11. i ��_.• �� l�i -'Yz - .. , .t .1..__...,... ..�. ... vic STATE OF MONTA?v A ` F`S SPECIALCij -%T E., of K-alispell NO.8 Basic interest at the rate of 8.0W,, per annum and additional interest at the rate of 0.70% per annum Payable on January 1, 1980, and annually thereafter on the 1st day of January in each year. SPECIAL IMPROVEMENT DISTRICT NO. 328 BOND Issued by the City of Kalispell Flathead County, Montana The Treasurer of the City of Kalispell, Montana, will pay to bearer on or before January 1, 1999, the sum of as authorized by Resolution No. 3237 as passed on the 7th day of May, 1979, creating Special Improve- ment District No. 328 for the construction of the im- provements and the performance of work as authorized by said resolution to be done in said District, and all laws, resolutions, and ordinances relating thereto, in payment of the contract in accordance therewith. The principal of and interest on this bond are payable at the office of the City Treasurer of Kalispell, Montana. This bond bears basic interest at the rate of eight percent (8.00` ) per anaum and also bears additional interest at the rate of --seventy hundredths of one percent (0.70% — as expressed herein, until the date called for redemp- tion by the City Treasurer. The interest on this bond is payable annually on the first day of January in each year, unless paid previous thereto, and as expressed by the interest coupons hereto attached, which bear the engraved facsimile signatures of the Mayor and City Clerk. This bond is payable from the collection of a spe- cial tax or assessment which is a lien against the real Dated at Kalispell, Montana this -1st day of "July, 1979. K CITY OF KALISPELL City Clerk Mayor Registered at the office of the City 'Treasurer of :Kalispell, Montana, as of this 1st day of July, 1979. estate within said Improvement District, as described in said resolution hereinbefore referred to. This bond is redeemable at the option of the City at any time there are funds to the credit of said spe- cial improvement district fund. for the redemption thereof, and in the manner provided for the redemp- tion of the same. The date of redemption shall be fixed by the City Treasurer, who shall give notice by pub- lication once in a newspaper in Kalispell, or at the option of the City Treasurer, by written notice to the holders of such bonds if their addresses be known, of the numbers of bonds and the date on which payment will be made, which date shall not be less than ten days after the date of publication or of service of notice on which date so fixed interest shall cease. ITIS IIEREBY CERTIFIED AND RECITED, that all things required to be done, precedent to the issu- ance of this bond, have been properly done, happened .and been performed, in the manner prescribed by the laws of the State of Montana and the resolutions and ordinances of the City of Kalispell, Montana, relating to the issuance thereof. i�. l r «' p rat .!t City Treasurer TP'f 7P't 9RY YAT ._ rAN .. VAV Qa a�9�_ ^�= =SRr5H Z i a 1 G'ov