Harball Opinion LetterCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
March 13, 2012
City of Kalispell, Montana Kennedy & Graven, Chartered
Kalispell, Montana Minneapolis, Minnesota
Rocky Mountain Bank
Kalispell, Montana
$500,000
City of Kalispell, Montana
Tax Increment Urban Renewal Revenue Note
(West Side Urban Renewal Tax Increment District)
Series 2012
In connection with the issuance on this date by the City of Kalispell (the "City") of the
above -referenced obligation (the "Note"). I have examined the following (the "Documents")- (i)
various resolutions, ordinances, proceedings, and affidavits of publication of the City Council of
the City and the Urban Renewal Agency (the "URA") of the City with respect to the City's West
Side Urban Renewal District (the "District"); (ii) the provisions of Montana Code Annotated,
Title 7, Chapter 15, Parts 42 and 43, as amended (the "TIF Act"); and (iii) and such other
proceedings of the City and the URA and documents and records as I have deemed relevant and
necessary as the basis for the opinions set forth herein.
Based upon such examination, and assuming the authenticity of all documents submitted
to us as originals, the conformity to original documents of all documents submitted to me as
certified or photostatic copies, and the authenticity of the originals of such documents and the
accuracy of the statements of fact contained in such documents and related certifications and
based upon present Montana laws, regulations, rulings and decisions, we are of the opinion that:
1. The City is a municipal corporation and political subdivision organized and
existing under the Constitution and the laws of the State of Montana.
2. Based on the actual acknowledge of the undersigned there is no action, suit,
proceeding or investigation by or before any court, agency, or other governmental or
administrative board or body, pending against the City or to my knowledge, threatened,
challenging or contesting: the existence or powers of the City; the authorization of any officers of
the City to act in their respective capacities; the valid formation and existence of the District; the
pledge of tax increment revenues from the District to the payment of the Note; or the issuance of
the Note, or in which an unfavorable decision, ruling, or filing would materially adversely affect
the validity of enforceability of the documents related to the issuance of the Note, the
performance by the City of any of its obligations thereunder, or the issuance of the Note.
3. The Documents provide the legal authority for and demonstrate that the City has
followed the procedure provided in the TIF Act for the valid establishment of the District.
The opinions expressed herein are solely for your benefit and may not be relied upon by
any other person or quoted or otherwise referred to in any manner without our prior written
consent. The opinions expressed herein are rendered as of the date hereof, and we assume no
obligation to advise you of any change in the future in any matter addressed herein.
By:
Charles Harba , City Attorney
The City of Kalispell
Incorporated 1892
Telephone (406)758-7977
FAX (4 06) 758 - 7758
Post Office Box 1997
Kalispell, Montana
Zip 59903-1997
Ben Johnson
Kennedy & Graven
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
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DICES
Enclosed please find five original City Attorney Opinion letters. If there is anything else I
can do, please don't hesitate to ask.
Sincerely,
Judi Funk
Legal Secretary
Office of the City Attorney
Enclosures
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