Notice of Public HearingLayman
a: t- RM
NOTICE IS HEREBY GIVEN that on June 18, 2012, the City Council (the "Council") of
the City of Kalispell, Montana (the "City"), adopted a Resolution of Intention to create Special
Improvement District No. 345 (the "District") for the purpose of financing the costs of certain
local improvements (the "Improvements") and paying costs incidental thereto, including costs
associated with the sale and the security of special improvement district bonds of the City drawn
on the District (the `Bonds"), the creation and administration of the District, the funding of a
deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund"), and
the establishment of a reserve account securing the Bonds in the District fund (the "Reserve
Account"). The Improvements would be constructed and installed pursuant to plans and
specifications prepared by Morrison-Maierle, Inc., of Kalispell, Montana.
A complete copy of the Resolution of Intention (the "Resolution") is on file with the City
Clerk that more specifically describes the nature of the Improvements, the boundaries and the
area included in the District, the location of the Improvements and other matters pertaining
thereto and further particulars.
The Improvements consist of designing, engineering, and constructing improvements to
the storm water detention facility serving the District (the "Facility") to bring the Facility up to
City standards, including design, construction and installation of a diversion structure and
improvements to the detention pond, pond outlet structure, and the outlet pipe of the Facility.
The total estimated costs of the Improvements to be financed with the Bonds, including all
incidental costs, are $392,556.
The City would issue the Bonds in an aggregate principal amount not to exceed $392,556
to finance the costs of the Improvements, including costs incidental thereto. Principal of and
interest on the Bonds will be paid from special assessments levied against the property in the
District in the aggregate principal amount of $392,556 and such payment will be secured by the
Reserve Account and the Revolving Fund. Subject to the limitations of Montana Code
Annotated, Section 7-12-4222, the general fund of the City may be used to provide loans to
the Revolving Fund or a general tax levy may be imposed on all taxable property in the
City to meet the financial requirements of the Revolving Fund.
The costs of the Improvements shall be assessed equally against each lot, parcel, or tract
in the District, such that the total principal amount of the assessment against each such lot,
parcel, or tract shall not exceed $4,512.14. If an increase occurs in the number of benefited lots,
tracts, or parcels within the boundaries of the District during the term of the Bonds, the Council
will recalculate the amount assessable to each lot, tract or parcel, including the newly created
lots, tracts or parcels. The recalculation will be based on the amount of the District's outstanding
Bonds for the current fiscal year and the District will spread the assessments across the District
based on the number of benefited lots, tracts, or parcels within the boundaries of the District as
of July 1 following the action that resulted in the increase in the number of benefited lots, tracts,
or parcels, all as provided in Section 7-12-4162(3)(b), M.C.A.
The lien of the special assessments to pay or finance the costs of the Improvements will
not be extinguished or diminished by the combination or consolidation of multiple lots into fewer
lots and the area consisting of the combined or consolidated lot or lots will be assessed in an
amount equal to the amount it would have been assessed had the combination or consolidation of
lots not occurred.
The special assessments for the costs of the Improvements shall be payable over a term
not exceeding 20 years, each in equal semiannual installments of principal, plus interest, or equal
semiannual payments of principal and interest, as this City shall prescribe in the resolution
authorizing the issuance of the Bonds.
On July 16, 2012, at 7:00 p.m., in the City Hall Council Chambers, at 201 First Avenue
East, in Kalispell, Montana, the City Council will conduct a public hearing and pass upon all
written protests against the creation of the District or the making of Improvements that may be
filed in the period described below.
Written protests against the creation or extension of the District and the making of the
Improvements may be filed by any owner of real property within the proposed District whose
property is liable to be assessed for the Improvements. Such protests must be delivered to the
City Clerk at the City of Kalispell offices, 201 First Avenue East, Kalispell, Montana not later
than 5:00 p.m., M.T., on July 9, 2012. As provided by law, such protests must be in writing,
identify the property in the District owned by the protestor, and be signed by all owners of the
property. The protest must be delivered to the City Clerk, who shall endorse thereon the date of
its receipt.
Further information regarding the proposed District or the Bonds or other matters in
respect thereof may be obtained from the City of Kalispell Finance Department located 201 First
Avenue East or by calling (406) 758-7755.
Dated: June 18, 2012.
Publication Dates: June 22, 2012
June 29, 2012
BY ORDER OF THE CITY COUNCIL
OF THE CITY OF KALISPELL,
MONTANA
Theresa White
City Clerk
N
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT HE IS THE LEGAL
CLERK OF THE DAILY INTER LAKE. A DAILY
NEWSPAPER OF GENERAL, CIRCULATION, PRINTED AND
PUBLISHED IN THE CITY OF KALISPELL, IN THE
COUNTY OF FLATHEAD, STATE OF MONTANA, AND
THAT NO. 19720
LEGAL ADVEWFISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF
SAID PAPER,.ANDIN EACH AND EVERY COPY THEREOF
ON THE DATES Of.lurte 22.,29,2012.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED T14E MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER. FOR. THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and :sworn to
Before trte this June 29,2012
---orO4 ttiv �. C r ile
Dorothy 1. Gle ross
Notary Public for the State of Montana
.Residing in Kalispell
My commission expires 9/11/2013
I.G DOROTHY 1. GLENCROSS
ono A NOTARY PUBLIC for the
State of Montana
SEAL Residing at Kalispell, Montana
My Commission Expires
ofmo September 11, 2013
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICUELLE ROONEY BEING DULY
SWORN. DEPOSES,1kND SAYS: 'FHAT HE IS 'I LEGAL
GLERK OFTHE DAILY INTER LAKE A DAILY
NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND
P(JBLISHED IN'-FHE CITY OF KALISPEI-L. fNTHE
COUNJ'Y OF FLATHEAD, STATE OF MONTANA. AND
THAT NO. 19720
LEGAL AEVE RTISMENT WAS PRINTED AND
PUBLISHED IN THE RE(K.fLAR AND ENTIRE fSSLJE OF
SAID PAPER, AND IN EACH AND EVERY COPYTHEREOF
ONTHE DATES Of June 22,29,2101,1
ANDTFIE RATE CHAR(IrED FOR THE ABOVE
PRJNTING DOES NOT EXCEED THE MINUNIUM
GOING RATE CHARGE[-') TO ANY OTIJER
ADVERTISER FOR THE SAME PUBLICA'-ri(--)N.
SET IN'T`HE SAME SIZE TYPE AND PUBLISHE'D
FOR THE SAME NTUN48ER. OF INSERTIONS.
Subscribed and sworn to
Be Core 01C th iS Rtne 29, 2012
Dorothy I. CYie ross
Notary Public for the: State of Montana
Residing in Kalispell
My commission e%pires 9/11;` 13 0 :2 3
L Gc�c9DOROTHY J. GLENCROSS
NOTARY PUBLIC for the
cn State of Montana
SEAL * Residing at Kalispell, Montana
My Commission Expires
Ofmo September 11, 2013