Resolution 5602 - Kidsports Permanent Easement PurchaseRESOLUTION NO.5602
A RESOLUTION AUTHORIZING THE PURCHASE OF A PERMANENT EASEMENT
ON STATE OF MONTANA SCHOOL TRUST LANDS FOR PERMANENT YOUTH
ATHLETIC FIELD RELOCATION BY USING FUNDS GENERATED BY THE
AIRPORT/ATHLETIC COMPLEX TAX INCREMENT DISTRICT.
WHEREAS, on July 1, 1996, the City Council adopted the Airport/Athletic Complex
Redevelopment Plan Analysis as an Urban Renewal Plan with Ordinance 1242;
and
WHEREAS, this Urban Renewal Plan identifies as an objective and recommends the relocation
of youth athletic fields from their location adjacent to and in the vicinity of the
Kalispell City Airport (Haven and Daley fields) for the purposes of making this
property available for the highest and best use of private development as well as
to situate the youth athletic fields away from the potential conflict with air traffic;
and
WHEREAS, the Urban Renewal Plan identifies using proceeds of land sales and tax increment
to implement the objectives of the Urban Renewal Plan; and
WHEREAS, Section 7-15-4258 MCA authorizes the City to sell city owned property as well as
acquire real property for the purposes of achieving the goals of a duly authorized
urban renewal plan and Section 7-15-4288 MCA authorizes the City to utilize tax
increment funds for such purposes; and
WHEREAS, on March 17, 1997, the City Council adopted Ordinance 1260 to provide for the
segregation of and application of tax increment in the Airport/Athletic Complex
Redevelopment Plan; and
WHEREAS, on May 9, 1997, the City entered into a 40 year lease with the State of Montana
on School Trust Lands in Section 36 and thereafter annexed said land into the
City, zoned the land P-1, and coordinated with Kidsports, a private nonprofit
entity, to construct a youth athletic complex to replace the youth athletic fields
lost through the sale of city owned lands by the Kalispell City Airport; and
WHEREAS, a price for a permanent easement for the subject real property has been negotiated
with the State to be approximately $2,260,496.00, plus potential fees or expenses
to complete the transaction; and
WHEREAS, based upon the finite and escalating natures of the existing lease, the City Council
finds that it is in the best interests of the City and its citizens to complete and
accomplish the objective of relocating the youth athletic fields by acquiring a
permanent easement upon the subject property from the State of Montana with the
purposes of maintaining said youth athletic complex in perpetuity and further
finds that the expenditure of tax increment funds from the Airport/Athletic
Complex Tax Increment Fund for this purpose is in furtherance of the
original goals and objectives of the Airport/Athletic Complex Redevelopment
Urban Renewal Plan.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. The City Council authorizes the City Manager to enter into the necessary
agreements to acquire a Permanent Easement from the State of Montana
upon the School Trust Lands in Section 36 and currently under lease by
the City and further authorizes such acquisition to be funded from the tax
increment fund that has been segregated by the authority of Ordinance
1260.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 17TH DAY OF DECEMBER, 2012.
may.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk