Kennedy & Graven470 U.S. Bank plaza
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Minneapolis, MN 55402
(612) 337-9300 telephone
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htrp://www.kennedy-graven.com
CHARTER E 0, P . C . Affirmative Action, Equal Opportunity Employer
January 30, 2012
Dianne Page, Attn: Michele Crepeau
Legal Services Office
Sam W. Mitchell Bldg.
125 N. Roberts, 3rd Floor
P.O. Box 7701
Helena, Montana 59604
BENJAMIN W. JOHNSON
Attorney at Law
Direct Dial (612) 337-9259
email: biohnsoriftennedy_graven.com
VIA FEDERAL EXPRESS
RE: City of Kalispell, Montana, West Side Tax Increment Finance District
Dear Ms. Crepeau:
On behalf of the City of Kalispell, Montana (the "City"), enclosed please find materials relating
to the amendment of a district created by the City of the Kalispell — West Side Tax Increment Finance
District (the "TIF District"), as well as supporting documentation required by Montana Administrative
Rules 42.19.1401 through 42.19.1412. Montana Administrative Rule 42.19.1403 (the "Rule") lists the
information required to enable the Montana Department of Revenue to certify the amended base taxable
value of an Industrial Tax Increment Financing District.
A. The TIF District was initially formed in 1997 with an effective date of March 17, 1997.
TAB 1: Ordinance No. 1259, approved March 17, 1997 — "An Ordinance
Approving the West Side Urban Renewal Plan for the City of Kalispell, Montana as
an Urban Renewal Plan; Providing for the Segregation and Application of Tax
Increment in the West Side Urban Renewal Plan; Establishing January 1st, 1997 as
the Base Year for Calculating the Tax Increment; Authorizing the Manager to
Implement the Plan with the Powers Contained in the Urban Renewal Law,
Establishing an Amendment and Modification Procedure, and Declaring an
Effective Date"
B. The TIF District was amended in 2000 pursuant to Resolution No. 4530 and Ordinance
No. 1347.
TAB 2: Resolution No. 4530, adopted January 3, 2000 — "Resolution Calling a
Public Haring on a Proposed Modification of the Kalispell, Montana Urban
Renewal Plan to Approve Certain Projects as Urban Renewal Projects and to
Finance the Projects Through the Issuance of Tax Increment Urban Renewal Bonds
and to Amend Ordinance No. 1259 Regarding the Procedure for Approving
Projects"
Montana Department of Revenue
January 30, 2012
Page 2
TAB 3- Ordinance No. 1347, approved February 7, 2000, "Ordinance Relating to
the Modification of the Kalispell Montana Urban Renewal Plan (the Urban Renewal
Plan) to Approve Certain Projects as Urban Renewal Projects and to Amend
Ordinance No. 1259 Regarding the Procedure for Approving Projects"
C. The City further amended the TIF District in the fall of 2011. The following are items
related to the 2011 amendment.
(a) A copy of the City's statement that the property within the TIF District contains blight as
required under Section 7-15-4202, Montana Code Annotated;
TAB 4: Ordinance No. 1704, approved November 21, 2011 - "An Ordinance
Modifying the Kalispell Montana Urban Renewal Plan as it Relates to the West Side
z' Urban Renewal District by Extending the District's Boundaries to Include Areas of
1,11ight Found to Exist Contiguous to the Existing District Boundaries"
(b) A copy of Resolution No. 5527 adopted by the City on September 6, 2011 amending the
statement of blight effective September 6, 2011 as required under Section 7-15-4210, Montana Code
Annotated ;
TAB 5: Resolution No. 5527, adopted September 6, 2011 — "A Resolution Finding
that an Area of Blight Exists Contiguous to the Boundaries of the West Side Urban
Renewal District (Exhibit "A") and that Rehabilitation, Redevelopment or a
Combination Thereof, within Such Area is Necessary in the Interests of the Public
Health, Safety, Morals or Welfare of the Residents of the City of Kalispell"
(c) A copy of a map of the TIF District boundaries including the legal description thereof:
• TAB 6: Map (TAB 6 or Exhibit B to Resolution No. 1704 at TAB 4)
• TAB 4: Legal Description (Exhibit A)
(d) A copy of the City's growth policy;
TAB 7: City of Kalispell Growth Policy 2020 prepared by the Kalispell City
Planning Board
(e) A copy of the City's urban renewal growth plan containing the tax increment provision
required under Sections 7-15-4212 and 7-15-4284, Montana Code Annotated:
® TAB 1: City of Kalispell Growth Plan as Exhibit A to the Resolution No. 1259 and
• TAB 8: Amendment to the West Side Urban Renewal Plan, as amended by Staff
Report #KRD-1 1-IA, dated September 21, 2011
(f) A copy of the City's Planning Board finding that the urban renewal plan conforms to the
City's Growth Policy;
TAB 9: Kalispell City Planning Board and Zoning Commission Minutes of Special
Meeting, September 27,2011
Montana Department of Revenue
January 30, 2012
Page 3
(g) A copy of the notice of public hearing required under Section 7-15-4215, Montana Code
Annotated;
0 TAB 10: Affidavit of Publication
(h) A certified copy of the ordinance approving the urban renewal plan containing the tax
increment financing provision under 7-15-4216, Montana Code Annotated and creating the urban renewal
district including the tax increment provision;
Ordinance No. 1259 (TAB 1) as amended by ordinance 1347 (TAB 3) as further
•-i by Ordinance 1704 (TAB 4)
(i) The name of the TIF District; and
® West Side Tax Increment Finance District
0) A list of the geocodes for all real property, the assessor codes for all personal property,
and a description of all centrally assessed property located within the TIF District at the time of its
creation.
TAB 11: Listing of Real Property and Geocodes within the TIF District. City staff
will be in contact with regard to any personal property with assessor codes located
within the TIF District and with regard to any centrally assessed property located
within the TIF District, if any, at the time of its amendment.
I have also enclosed the documents referenced in this letter in electronic form on the enclosed
disk.
Please contact me or the City's Acting City Manager, Charles Harball, if you have any questions
regarding this letter and the supporting materials.
Thank you very much for your attention to this matter.
Sincerely,
eu
Benjamin W. Johnson
Public Finance Attorney for the City of Kalispell, Montana
Enclosures
cc: City of Kalispell
KA225-8 (BWJ)
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