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2. Resolution 4605 - Amending the Boundary of SID 3434P City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 REPORT TO FROM: SUBJECT: Honorable Mayor and City Council Chris A. Kukulski, City Manager Sunny View Lane and Heritage Way SID MEETING DATE: March 19, 2001 BACK GROUND: The attached Resolution 4605 amends SID 343's Boundaries. SID Lot No. 5 (Wel Care) is being removed from the SID and the costs associated are being added to SID Lot No. 4 (Buffalo Commons Phase V). It has been determined that the extension of Heritage Way is for the primary benefit of Buffalo Commons Phase V. Therefor, in order to be consistent with the City's extension of services policy, the cost ofHeritage Way should be paid in full by the developers of Buffalo Commons. As a new street extension, Heritage Way is being built in order to make lots within Buffalo Commons Phase V accessible. Sunny View is being reconstructed for the benefit of those who own property adjacent to it as well as others in the community. RECOMMENDATION: The City Council approve the attached Resolution 4605 amending SID 343's Boundaries. FISCAL EFFECTS: None. The cost of the Heritage Way extension will be paid for by SID Lot No. 4 (Buffalo Commons Phase V). ALTERNATIVES: As suggested by the Council. Respectfully submitted, Chris A. Kukulski City Manager Report compiled March 15, 2001 Page 1 of 1 RESOLUTION NO. Y6D 5 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 343; MODIFYING THE BOUNDARIES OF THE DISTRICT BE IT RESOLVED by the City Council (this "Council") of the City of Kalispell (the "City"), Montana, as follows: Section 1. Passage of Resolution of Intention. This Council, on January 22, 2001, adopted Resolution No. 4596 (the "Resolution of Intention"), pursuant to which this Council declared its intention to create a special improvement district, designated as Special Improvement District No. 343 (the "District") 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 the sale and the security of special improvement district bonds drawn on the District (the "Bonds"), the creation and administration of the District, the funding of a deposit to the City's Special Improvement District Revolving Fund, and the establishment of a reserve account securing the Bonds in the District fund. Section 2. Creation of the District. After due notice and public hearing, this Council, pursuant to Resolution No. 4602 (the "Resolution of Creation"), created the District 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 and not withdrawn were found to be insufficient. Section 3. Modification of District Boundaries. Following the adoption of the Resolution of Creation, further consideration has been given to that portion of Heritage Way to be newly created and extended into the District. Subsequent to the creation of the District, the Director of Public Works, after taking into consideration various factors, including, without limitation, the City's extension of services policy, found and determined that the Surface Improvements relating to that portion of Heritage Way to be located in the District specially benefitted only SID Lot No. 4 (as that term is defined in the Resolution of Intention). This Council, concurring with such finding and determination, hereby finds and determines that the Surface Improvements relating to that portion of Heritage Way to be located in the District specially benefit only SID Lot No. 4. This finding and determination is consistent with the City's extension of services policy regarding the extension of streets. The property identified in the Resolution of Intention as SID Lot No. 5 is hereby removed from the District, and the boundaries of the District are hereby redrawn and modified to exclude SID Lot No. 5. The map of the District, as so modified, is attached hereto as Exhibit A and the boundaries of the District are described on the attached Exhibit B. All references to "SID Lot No. 5" are hereby deemed deleted from the Resolution of Intention and all references to "District" shall exclude SID Lot No. 5. The owner of SID Lot No. 4 has consented by a separate writing to an increase in the special assessment against SID Lot No. 4 in an amount equal to the total estimated special assessments previously scheduled to be assessed against SID Lot No. 5 and to pay, as due, the amount actually assessed. Accordingly, the estimated total special assessments against SID Lot No. 4 for the Surface Improvements alone is hereby increased to $550,689 (which amount excludes estimated special assessments against SID Lot No. 4 for the Grading and Utility Improvements, as that term is defined in the Resolution of Intention). The estimated special assessments against other properties in the District remain unchanged, and except as expressly set forth in this Section 3, the Resolution of Intention and the Resolution of Creation remain unchanged and in full force and effect. Section 4. Findings and Ratification. The findings and determinations made in the Resolution of Intention and the Resolution of Creation are hereby ratified and confirmed, as expressly modified by Section 3. PASSED AND ADOPTED by the City Council of the City of Kalispell, Montana, this 19th day of March, 2001. Attest: City Clerk -2- Mayor l \F_ I J 11 I ITIIIIIU I - I � v --------------------------- r I E ^ �r`LIf� III � II � \\„ AWN � I � III ' I x• I� I� , l � L FF wI'Ir _ _ - I ,