Ordinance 933 - Approve Kalispell Downtown Redevelopment Plan69
ORDINANCE #933
AN ORDINANCE APPROVING THE KALISPELL DOWNTOWN REDEVELOPMENT
PLAN FOR THE CITY OF KALISPELL, MONTANA AS AN URBAN RENEWAL
PLAN AND THE FEASIBILITY OF RELOCATION; AUTHORIZING THE MAYOR
TO IMPLEMENT THE PLAN WITH POWERS CONTAINED IN THE URBAN
RENEWAL LAW
WHEREAS, under the provisions of the Montana Urban Renewal Law, the City Council
of the City of Kalispell, Montana has adopted a resolution that (1) one or more
blighted areas exist in the City of Kalispell, and (2) the rehabilitation, redevelop-
ment or combination thereof is necessary in the interest of public health, safety
and morals or welfare of the residents of the City of Kalispell; and
WHEREAS, the City Council of the City of Kalispell acting in its own capacity as the
Urban Renewal Agency has directed that an urban renewal plan for the blighted areas
be developed in accordance with the Montana Urban Renewal Law; and
WHEREAS, the City Council of the City of Kalispell, Montana (herein called the
Urban Renewal Agency) has made detailed studies of the location, physical condition
of structures, land use, environmental influences, and social, cultural and economic
conditions of the project area and has determined that the area is a blighted area
and is determental and a menace to the safety, health, and welfare of the inhabitants
and users thereof and of the locality at large because of substantial dilapidation,
deterioration, defective construction materials, and age oblescence of buildings
and improvements whether residential or non-residential, inadequate provisions for
ventilation, light and proper sanitary facilities and inadequate fire standards.
WHEREAS, the members of the City Council of the City of Kalispell, Montana have
been fully apprised and are aware of these facts and conditions;
WHEREAS, there has been prepared an Urban Renewal Plan for the project area which has
been approved by the Kalispell Development Corporation, an official advisory group; and
WHEREAS, in accordance with the state statutes, the City/County Planning Board is
the duly designated and acting officialplanning body for the locality and has
submitted to the City Council its input and recommendations respecting the Urban
Renewal Plan for the project area and has certified that the Urban Renewal Plan
conforms to the general plan for the locality as a whole or parts thereof and the
City Council has duly considered the input, recommendation and certification of the
planning body;
and
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WHEREAS, the Urban Renewal Plan for the project area has been referred to the City
Council of the City of Kalispell, Montana acting in its own capacity as the Urban
Renewal Agency for review and approval. The Urban Renewal Plan for such area is
known as Kalispell Downtown Redevelopment Plan, consisting of textual matter inclusive
with all supporting materials and maps being part of such plan; said Plan is attached
hereto designated as Exhibit '.W' and by this reference made a part hereof; and
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WHEREAS, the Urban Renewal Plan for the ;project area will require, among other
things
o The upgrading and improving of public and private utilities within the
project area
o The provision for public parking.
o The rehabilitation of residential and commercial structures
o The acquisition of real and personal property
o The relocation of person(s) displaced by acquisition of real property
o. The demolition and clearance of structures acquired by the City
o The provision of public improvements
o Building or site preparation for disposal
a Rehabilitation and moving of structures
o Disposition of acquired property for public and private redevelopment
and/or rehabilitation; and
WHEREAS, the City Council is aware of independent analysis and studies indicating
that a market exists in the area for additional residential units, retail space,
professional space and other commercial uses consistant with the Plan; and
WHEREAS, the City of Kalispell will comply with Federal and State laws governing
the relocation of person(s) displaced as a result of real property acquisition; and
WHEREAS, the Plan states that any relocation or displacement of families, individuals
;jr businesses will be governed by said applicable State and Federal laws,
r,pecifically THE RELOCATION AND REAL PROPERTY ACQUISITION POLICY ACT OF 1970; and
WHEREAS, the members of the City Council have general knowledge of the conditions
prevailing in the project area and the availability of proper housing in the
locality for the relocation of families, individuals and businesses that may be
displaced in the project area, and have determined that a -relocation program is
both workable and feasible for the needs of the project area; and
WHEREAS, the City Council of the City of Kalispell, Montana is cognizant of the
conditions that, are endorsed in the undertaking and carrying out of the urban
renewal project including those prohibiting discrimination because of race, color,
creed or national origin; and
WHEREAS, in accordance with the State statutes, the City Council of the City of
Kalispell, Montana did hold a public hearing on the Urban Renewal Plan and each
person(s) whose name appears on the Flathead County Treasurer's tax roll as the
owner or reputed owner of property in the project area was notified of such hearing
by mail at least ten (10) days prior to such public hearing; and
WHEREAS, the City Council of the City of Kalispell, Montana caused to be published
in the Kalispell Daily Inter Lake, the daily newspaper being designated as the
official publication of the locality, notices of such hearings on July 2 and July 9,
1979, and did permit any person or organization the right to be heard and did
recognize the right of each property owner within said Plan area to be heard at
such meeting.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION 1 That the Urban Renewal Plan for the Downtown Redevelopment Project for
the City of Kalispell, Montana contained in Exhibit "A" hereof, having
been duly reviewed and considered, is hereby approved and the City
Clerk is hereby directed to file said copy of the Urban Renewal Plan
with the minutes of this meeting and in the Ordinance Book. Said
ordinance is to be posted as required by law and copies made available
to the public upon request.
SECTION 2 That it is hereby found and determined that the project area of said
Plan is blighted and it qualifies as an eligible project under the
Montana Urban Renewal Law.
SECTION 3 That it is hereby found and determined that the objectives of the Urban
Renewal Plan cannot be achieved except through more extensive
rehabilitation of the project area.
SECTION 4 That it is hereby found and determined that the Urban Renewal Plan for
the project area conforms to the existing Comprehensive Plan or parts
thereof heretofor lawfully adopted for the City of Kalispell planning
area.
SECTION 5 That it is hereby found and determined that a sound and adequate
financial program exists in the Plan for the financing of the project.
SECTION 6 That the redevelopment of the urban renewal area is necessary for the
proper development of the community.
SECTION 7 That it is hereby found and determined that the Urban Renewal Plan for
the urban renewal area will afford maximum opportunities consistent with
the sound needs of the locality as a whole for the renewal of the area
by private enterprise.
SECTION 8 That it is hereby found and determined that the Urban Renewal Plan for
the said urban renewal area gives due consideration for the provision
for adequate park and recreational areas and facilities as may be
desirable for the neighborhood improvement with special consideration
for the health, safety and welfare of children residing in the general
vicinity of the site covered by the Plan.
SECTION 9 That a workable and feasible plan exists therein for making available
adequate housing for the person(s) who may be displaced by the project.
SECTION 10 That in order to implement and facilitate the effectuation of the Urban
Renewal Plan hereby approved, it is found and determined that certain
official actions must be taken by the City Council of the City of
Kalispell, Montana with reference among other things to the upgrading
and improvement of public and private utilities within the project area,
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provisions for public parking, the rehabilitation of residential and
commercial structures, the acquisition of real and personal property,
the relocation of person(s) displaced by acquisition of real property,
the demolition and clearance of structures acquired by the City where
necessary, the provision of public improvements, providing building
or site preparation for disposal for private or public redevelopment,
the rehabilitation and moving of structures, the disposition of
acquired property for public and private redevelopment and/or
rehabilitation, and accordingly, the City Council of the City of
Kalispell, Montana hereby:
(a) Pledges its cooperation in helping to carry out the Urban Renewal
Plan;
(b) Directs the various officials, departments, boards, and agencies
of the locality having administrative responsibility in the premises
likewise to cooperate to such end and to exercise the respective
functions and powers in a manner consistent with the Urban
Renewal Plan; and
(c) Stands ready to consider and take appropriate action upon
acceptable proposals and measures designated to effectuate the
Urban Renewal Plan.
SECTION 11 That the City Council of the City of Kalispell, Montana does authorize
the Mayor as its Chief Administrative Officer to implement the Urban
Renewal Plan with the powers set forth in Title 7 - Chapter 15,
Parts #42 and #43, MCA, and to seek financial assistance as it may
become available from the Federal Government or State of Montana or
such other sources as may be determined appropriate by the City Council.
HNALLY PASSED by the City Council of the City of Kalispell, Montana this loth day
of September , 1979.
Norma E. Happ, Mayor
ATTEST:
Marjorie Giermann, City Clerk
(Seal o the City)
I, Marjorie Giermann Ci y Clerk of the City of Kalispell, Montana, do certify that on
the _day of 19�, I posted a copy of the foregoing ordinance in
my office, and the sa remained posted for a period of five days, and the foregoing is
a true and correct co y of the ordinance as passed by the City Council.
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