Ordinance 1717 - Modifies West Side Tax Increment Financing District BoundariesReturn to:
City Clerk
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Kalispell, MT 59903-1997 Paula Robinson, Flathead County MT by ]L 11/26/2012 9:47 AM
ORDINANCE NO. 1717
AN ORDINANCE AMENDING ORDINANCE NO. 1259, APPROVING A PROPOSED
MODIFICATION TO THE BOUNDARIES OF THE KALISPELL WEST SIDE TAX
INCREMENT FINANCING DISTRICT.
BE IT ORDAINED by the City Council (the "Council") of the City of Kalispell,
Montana (the "City"), as follows:
Section 1. Recitals.
1.01. The Council, pursuant to Ordinance No. 1259, (the "Original Ordinance"),
adopted on March 17, 1997, created the West Side Urban Renewal District as an urban renewal
district (the "District") and approved the West Side Urban Renewal Plan (the "Plan") for the
District containing a tax increment financing provision all as set forth in the Ordinance.
1.02. The Plan has been in continuous existence since adoption. The Plan was updated
and modified (the "Amended Plan") by Ordinance No. 1704 (the "2011 Ordinance") after a
public hearing on October 17, 2011.
1.03. The Council, pursuant to the 2011 Ordinance, adopted on November 7, 2011, also
amended the boundaries of the West Side Urban Renewal District in addition to approving
amendments to the Plan.
1.04. The City's adoption of the Amended Plan by the 2011 Ordinance was done in
conformance with the provisions of Montana Code Annotated, Title 7, Chapter 15, Part 42, as
amended (the "Urban Renewal Act"). The provisions relating to amendments to the Urban
Renewal Act do not apply to amendments to the Plan to add urban renewal projects since such
amendments may be made in accordance with the provisions of the Original Ordinance as
amended.
1.05. On the date hereof, this Council conducted a public hearing after publication and
mailing notice of such publication, on the proposal to amend the boundaries of the West Side
Tax Increment Financing District to be the same as those set forth in the Amended Plan. The
public was given an opportunity to express its opinions with respect to the modification of the
boundaries of the West Side Tax Increment Financing District.
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1.06. The modification of the boundaries of the West Side Tax Increment Financing
District is consistent with the prior approvals of this Council and the Kalispell City Planning
Board with respect to the West Side Urban Renewal District and the Amended Plan.
Section 2. Modification of the West Side Tax Increment Financing District. The
modification of the West Side Tax Increment Financing District to coincide with the boundaries
set forth in the Amended Plan is hereby approved. This approval of the modified boundaries of
the West Side Tax Increment Financing District will provide additional options for urban
renewal projects in the area covered by the Amended Plan and additional financing options for
future urban renewal projects within the boundaries of the Amended Plan.
Section 3. Modified Boundaries. Attached to this resolution as Exhibit A and made a
part hereof is the legal description and map of the modified boundary of the West Side Tax
Increment Financing District. Such boundary is the same as approved in the 2011 Ordinance for
the Amended Plan.
Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after approval on second reading.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF NOVEMBER, 2012.
ATTEST:
Theresa White
City Clerk
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Tammi Fisher
Mayor
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Exhibit "A"
WEST SIDE TAX INCREMENT FINANCING DISTRICT MODIFIED BOUNDARIES
Beginning at the intersection of North Meridian Road and U.S. Highway 93 North in Section 6,
Township 28 North, Range 21 West; thence southeasterly along the westerly right -of way
boundary of said Highway 93 to its intersection with the southerly right-of-way boundary of
West Colorado Street; thence westerly along said right-of-way line approximately 800 feet to the
northeast corner of Assessor's Tract 5C in Section 7, Township 28 North, Range 21 West; thence
southerly along the east boundary of said Tract 5C, a distance of approximately 545 feet to the
northeast corner of 71h Avenue West North; thence continuing southerly along the east right -of
way line of 71h Avenue West North to its intersection with West Washington Street; thence
easterly, approximately 5,850 feet to the east end of East Washington Street; thence
southeasterly along the southeast boundary of Assessor's Tract 30JD in Section 8, Township 28
North, Range 21 West, to the intersection of the northerly right-of-way boundary of U.S.
Highway 2; thence northeasterly along said right-of-way line to the north right-of-way line of the
Burlington Northern railroad line; thence southwesterly along said right-of-way line
approximately 115 feet; thence southeasterly to the south right-of-way boundary of said railroad
line; thence southwesterly along the south right -of way boundary of said railroad line
approximately 1,765 feet to the northwest corner of Assessor's Tract 30A in Section 8, Township
28 North, Range 21 West; thence southerly, approximately 295 feet along the west boundary of
said Tract 30A, to the southeast corner of Assessor's Tract 30-2 in Section 8, Township 28
North, Range 21 West; thence westerly along the south boundary of said Tract 30-2,
approximately 50 feet; thence southerly along the centerline of Woodland Avenue to its
intersection with First Street East; thence westerly along First Street, approximately 6,120 feet,
to the west end of First Street West and the northeast corner of Assessor's Tract 5DDB in
Section 18, Township 28 North, Range 21 West; thence southerly to the southeast corner of said
Tract 5DDB; thence westerly along the south boundary of said Tract 5DDB and Assessor's Tract
SDDA to the westerly right-of-way line of Meridian Road; thence northerly along said west
right-of-way line approximately 740 feet to the southeast corner of Assessor's Tract 14AA in
Section 13 Township 28 North, Range 22 West; thence southwesterly approximately 316 feet
along the north right-of-way boundary of the Burlington Northern railroad line to the southeast
corner of Lot 1 of Appleway Business Park; thence north along the east boundary of said Lot 1,
to the south right-of-way line of Appleway Drive; thence continuing along a northerly extension
of the east boundary of said Lot 1, to the north right-of-way line of Appleway Drive; thence
easterly along said right-of-way line, approximately 60 feet to the southwest corner of Circle K
Addition; thence northerly, approximately 545 feet, along the west boundary of Circle K
Addition and Assessor's Tract 1C in Section 12, Township 28 North, Range 22 West, to the
northeast corner of Assessor's Tract 1E in said Section 12;
thence westerly along the north boundary of said Tract 1E and Assessor's Tracts 1B and 1A in
said Section 12, to the northwest corner of Assessor's Tract 1A in Section 12; thence southerly
along the west boundary of said Tract 1A, approximately 390 feet to the southwest corner of said
Tract 1A; thence easterly, approximately 175 feet, along the north boundary of Assessor's Tracts
7BCA and 1AA in said Section 12, to the northeast corner of Tract 1AA; thence southerly along
the east boundary of Tract 1AA to the north right-of-way line of Appleway Drive; thence
westerly along said right-of-way line approximately 923 feet; thence northwesterly,
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approximately 185 feet and crossing U.S. Highway 2, to the intersection of the south end of
Corporate Drive and U.S. Highway 2; thence westerly, approximately 350 feet, along the north
right of way line of U.S. Highway 2 to its intersection with the south quarter corner line of
Section 12, Township 28 North, Range 22 West; thence north along said quarter section line
approximately 620 feet to a point; thence west, approximately 660 feet, to the northwest corner
of Assessor's Tract 6L in said Section 12; thence north approximately 650 feet, on a line
extended and parallel to the west line of said Tract 6L, to the southwest corner of the southern
park area in the Greenbriar Estates subdivision; thence continuing north along the west boundary
of said Greenbriar Estates subdivision, approximately 1,280 feet, to the south right-of-way line
of Two Mile Drive; thence easterly along said right-of-way line to the northeast corner of the
northern park area in the Greenbriar Estates subdivision; thence easterly and southerly along the
north boundary of Greenbriar Estates subdivision, to the northwest corner of Lot 13 of the
Westwood Park subdivision; thence east along the north boundary of said Westwood Park
subdivision, approximately 150 feet, to the southeast corner of Assessor's Tract 20 in Section
12, Township 28 North, Range 22 West; thence north along the west line of Lot 11 and the
Common Area in the Westwood Park subdivision, to the south right-of-way line of Two Mile
Drive; thence east along the south -right -way line of Two Mile Drive, approximately 765 feet to a
point; thence north to the north right-of-way line of Two Mile Drive; thence continuing north
approximately 1,205 feet, along the west boundaries of the Porta Villa, Teton Terrace, and
Hawthorne West VI subdivisions, to the northwest corner of the Hawthorne West VI
subdivision; thence west, approximately 900 feet along the south boundaries of the Valley View
Apartments, El Dorita Village and Liberty Village subdivisions, to the southwest corner of the
northeast quarter of Section 12, Township 28 North, Range 22 West; thence north along the west
line of the northeast quarter of Section 12, a distance of approximately 580 feet, to the southwest
corner of Assessor's Tract 5AF in Section 12; thence east, approximately 180 feet, to the
southwest corner of Lot 2 of Lantis Subdivision; thence north along the west boundary of said
Lantis Subdivision to the northwest corner of Lot 1; thence east to the northeast corner of Lot 1
of said Lantis Subdivision; thence southeasterly and easterly along the north boundary of Lots 1
and 2 of Lantis Subdivision, to the northeast corner of Lot 2; thence south, approximately 60 feet
along the east boundary of Lot 2 of Lantis Subdivision, to the northwest comer of Faith
Addition; thence east along the north boundary of Faith Addition, to the northeast corner of said
Faith Addition; thence north along the west boundary of Olson Addition; thence continuing
north, approximately 75 feet on a line that is a northerly extension of the west boundary of said
Olson Addition, to the centerline of Three Mile Drive; thence east, approximately 680 feet along
the centerline of Three Mile Drive; thence north, approximately 30 feet, to the west right-of-way
line of Northwest Lane; thence continuing north along said right-of-way line, approximately
1,308 feet, to the end of Northwest Lane; thence east, approximately 40 feet to the northwest
corner of Lot 1A of Sinopah Subdivision; thence continuing east, approximately 595 feet along
the north boundary of Sinopah Subdivision, to the southwest corner of Lot 3 of Block 1 of
Northridge Heights; thence north along the west boundary of said Lot 3, approximately 110 feet,
to the northwest corner of said Lot 3; thence continuing north, approximately 60 feet on an
extension of the west boundary of said Lot 3; thence east to Parkwood Lane; thence northerly
along Parkwood Lane, approximately 900 feet to the northwest corner of Lot 9 of Block 2 of
Northridge Heights; thence east along the north boundary of said Lot 9, to its intersection with
U.S. Highway 93 North; thence southeasterly along U.S. Highway 93 North to the intersection of
Meridian Road and the point of beginning.
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Excepting therefrom:
A tract of land located in the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described
as follows:
Commencing at the Southeast 1/16 corner of said Section 12; thence
South 89°33'54" West on and along the north boundary of said SW 1/4 SE 1/4 a distance of
293.24 feet to a point, which point is the True Point of Beginning; thence
South 89°33'54" West continuing on and along said North boundary a distance of 218.02 feet to
a point; thence
South 00°38'30" West a distance of 200.00 feet to a point; thence
North 89°33'54" East a distance of 218.02 feet to a point; thence
North 00°38'30" East a distance of 200.00 feet to the True Point of Beginning.
Tract 1 of Certificate of Survey No. 10766
And excepting therefrom:
Parcel 00977 GN
The Northwesterly 30.0 feet of The Burlington Northern and Santa Fe Railway Company
(formerly Great Northern Railway Company) 100.00 foot wide Branch Line right of way, being
50.0 feet wide on each side of said Railway Company's Main Track centerline, as now located
and constructed upon, over, and across the SW 1/4 NE 1/4 of Section 8, Township 28 North,
Range 21 West of the Montana Principal Meridian, Flathead County, Montana, being a portion
of the property conveyed from the Kalispell Townsite Company to the St. Paul, Minneapolis and
Manitoba Railway Company by instrument dated August 25, 1892 and filed for record in the
office of the recorder of deeds in and for Flathead County, Montana on October 3, 1892 in Deed
Book 4, Page 472, and lying between two lines drawn parallel with and distant, respectively,
20.0 feet and 50.0 feet Northwesterly of, as measured at right angles from said Main Track
centerline, and bounded between the North line of said SW 1/4 NE 1/4 and a line drawn at right
angles to said Main Track centerline distant 700.0 feet Southwesterly of said North line of the
SW 1/4 NE 1/4, as measured along a line drawn parallel with and distant 20.0 feet Northwesterly
of, as measured at right angles from, said Main Track centerline.
And excepting therefrom:
A tract of land in Government Lot 4, of Section 7, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, described as follows:
Commencing at the Southwest corner of said Lot 4; thence Easterly along the South boundary of
said Lot 4 a distance of 203 feet, more or less to the point of intersection with the Northerly
boundary of the Great Northern Railway Company right-of-way; thence
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North 76°11' East along the Northerly boundary of said railroad right-of-way a distance of 498
feet to its point of intersection with the center line of the Kalispell Lumber Company spur tract,
and which point is the point of beginning of the tract to be described herein; thence from said
point of beginning,
North 76°11' East along the Northerly boundary of the Great Northern Railway Company right-
of-way a distance of 395 feet more or less, to an intersection with the Westerly line of the Great
Northern Railway Company right-of-way; thence North 13°49' West along the said Westerly
line of the Great Northern Railway Company right-of-way a distance of 250 feet; thence North
76'11' East along the Northerly boundary of the Great Northern Railway Company right-of-way
to its point of intersection with the Westerly boundary of Eighth Avenue West North; thence
North 13°49' West along the Westerly boundary of said Eighth Avenue West North, 252 feet;
thence
South 76°11' West a distance of 92 feet more or less to a point on the center line of said
Kalispell Lumber Company spur tract as same is now located, thence Southwesterly along the
center line of said spur tract to the place of beginning.
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