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Resolution 5074/SID 344/Creating DistrictRESOLUTION NO.5074 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 344; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. BE IT RESOLVED by the City Council of the City of Kalispell (the "City"), Montana, as follows: Section .1. Passage of Resolution of Intention. This Council, on October 3, 2005, adopted Resolution No. 5063 (the ".Resolution of Intention"), pursuant to which this Council declared its intention to create a special improvement district, designated as Special Improvement District No. 344 of the City, under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, for the purpose of financing costs of certain local improvements described generally therein (the "Improvements") and paying costs incidental thereto, .including costs associated with (i) the sale and the security of special improvement district bonds drawn on the District (the "Bonds"), (ii) the creation and administration of the District, (iii) the funding of a deposit to the City's Special Improvement .District Revolving Fund, and (iv) the establishment of a reserve account securing the Bonds in the District fund. 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. On October 3, 2005, this Council called for a public hearing on the creation of the District and the making of the Improvements. That public hearing was conducted on November 7, 2005 at the .first regular meeting of the Council following the expiration of the period ended fifteen (15) days after the first date of publication (October 18, 2005) of the notice of passage of the Resolution of Intention (the "Protest Period"). Section 3. Protests. As of the date hereof. Zero (0) protests were filed with the City Clerk by the owners of property in the District subject to the Actual Area method of assessment for the cost of Grading, Utility, and Surface Improvements (as defined in the Resolution of Intention) with the City Clerk and not withdrawn by the owners of property in the District subject to the actual area method of assessment for the cost of Grading and Utility Improvements (as defined in the Resolution of Intention). Section 4. Creation of the District: Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in, and otherwise in accordance with, the Resolution of Intention and this Resolution. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 7TH DAY OF NOVE.MBER, F.MV_1161116 Theresa White City Clerk x EXHIBIT A MAP OF SID 344 5W.om M ef OLD SCHOOL STATION SE V4. Smfflm 3,3.Af,3��� RZ P-M. P& IM014M COUMf. MOWW4 A-1 EXHIBIT B DESCRIPTION OF SID 344 BOUNDARIES The District is located just east of Highway 93 on Dernersville Road approximately 1.9 miles south of Four Corners intersection and directly east of the Rocky Cliff Road intersection and is legally described as. Assessors Tract 2 or Parcel A of Certificate of Survey No. 16337 in the SW 1/4 of Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana B-1