Resolution 5571 - NOT ACTED ON - Special Improvement District #345 - WillowsJULY 16, 2012 — NOT ACTED ON
RESOLUTION NO.5571
A RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 345;
CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN
LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND
INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVE-
MENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT
DISTRICT REVOLVING FUND.
BE IT RESOLVED by the City Council (the "Council") of the City of Kalispell (the
"City"), Montana, as follows:
Section 1. Passage of Resolution of Intention. This Council, on June 18, 2012, adopted
Resolution No. 5565 (the "Resolution of Intention"), pursuant to which this Council declared its
intention to create a special improvement district, designated as Special Improvement District
No. 345 of the City (the "District"), under Montana Code Annotated, Title 7, Chapter 12, Parts
41 and 42, as amended, for the purpose of financing the costs of certain local improvements
described generally therein and consisting primarily of a storm water detention facility and outlet
(the "Improvements") and paying costs incidental thereto, including costs associated with the
sale and the security of special improvement district bonds drawn on the District (the "Bonds"),
the creation and administration of the District, and the funding of a deposit to the City's Special
Improvement District Revolving Fund (the "Revolving Fund") and to a District reserve account.
Section 2. Notice and Public Hearing. Notice of passage of the Resolution of Intention
was duly published and mailed in all respects in accordance with law, and on July 16, 2012, this
Council conducted a public hearing to hear and pass upon protests against the proposed
Improvements and the creation of the District. The public hearing was the first meeting of the
Council following the expiration of the period ended 17 days after the first date of publication of
the notice of passage of the Resolution of Intention (the "Protest Period").
Section 3. Protests. Within the Protest Period, one (1) protest was filed with the City
Clerk by the owners of property in the District subject to assessment, representing 1.15% of the
total estimated costs of the Improvements and costs incidental thereto to be assessed against the
properties in the District, in accordance with the method or methods of assessment in the
Resolution of Intention.
Section 4. Creation of the District; Insufficiency of Protests. The Council determines
that the protests made by owners in the District to be assessed for the cost of the proposed
Improvements and incidental costs to be financed with the Bonds is not more than 50% of all of
such costs in the District and that the District is hereby created on the terms and conditions set
forth in, and otherwise in accordance with, the Resolution of Intention. The protests against the
creation of the District or the making of the Improvements filed during the Protest Period are
hereby found to be insufficient. The findings and determinations made in the Resolution of
Intention, including, without limitation, those relating to benefits conferred, funding the
Revolving Fund and District reserve account and securing the Bonds thereby, and using the
SID #345 — Willows Subdivision
proceeds of the Bonds to pay or reimburse the City for all or a portion of the costs of the
Improvements and costs incidental thereto are hereby ratified and confirmed.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
OF THE CITY OF KALISPELL, THIS 16TH DAY OF JULY, 2012.
ATTEST:
Theresa White
City Clerk
SID #345 — Willows Subdivision 2
Tammi Fisher
Mayor