Staff Report/SID 344City of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.Q. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758, 7708
Fax 406.758,7771
charball@kalispell.com
kalispell.com
SUBJECT: Resolution No. 5074 — Old School Station SID 344
MEETING DATE: Monday, November 7, 2005
BACKGROUND: Notice of Intent to establish SID 344 was previously resolved by
the City Council and a public hearing will be held this same meeting date. Council
should therefore have sufficient evidence before it to make its final determination
about the formation of the SID. The purpose of the SID is to fund, through SID
bonding, the public infrastructure improvements to this newly annexed property.
The property owners within the district will repay the bonds though payment of
assessments made against the property. The bonds will be secured first, by the
property itself, and secondarily, by the City's Revolving Fund.
RECOMMENDATION: That Council consider and pass Resolution No. 5074
establishing SID 344.
FISCAL EFFECTS: As stated above.
Respectfully submitted,
f
Charles A,a9`r all, City Attorney �"es H. Patrick, City Manager
RESOLUTION 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 jig, rind. Notice of passage of the Resolution of Intention was duly
published and mailed in all respects in accordance with law. On October 7, 2005, this Council conducted
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"). At the regular meeting of this Council held
on October 3, 2005, this Council voted to continue the public hearing at its next regular meeting,
occurring on November 7, 2005.
Section 3. Protests. As of the date hereof: Zero (0) protests were filed 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, 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 protests against the creation of the District or the making of the Improvements filed
during the Protest Period and not withdrawn are hereby found to be insufficient. 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 NOVEMBER, 2005.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk