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Ordinance 1402 - Downtown Urban Renewal (TIF) Plan Modifications103 ORDINANCE NO. 1402 AN ORDINANCE RELATING TO THE MODIFICATION OF THE KALISPELL MONTANA DOWNTOWN URBAN RENEWAL PLAN (THE URBAN RENEWAL PLAN) TO APPROVE A CERTAIN PROJECT AS AN URBAN RENEWAL PROJECT. BE IT ORDAINED by the City Council (the "Council") of the City of Kalispell, Montana (the "City") as follows; Section 1, Recitals. The City by Ordinance No. 933 (the "Ordinance"), passed and approved on September 10, 1979, created the Kalispell Montana Urban Renewal District as an urban renewal district (the "District") and approved the Downtown Urban Renewal Plan (the "Plan.") for the District containing a tax increment financing provision as set forth in the Ordinance, pursuant to Montana Code Annotated, Title 71 Chapter 15, Parts 42 and 43, as amended (the "Act"). Pursuant to the Act and the procedures contained in the Plan, the city has established the procedures for approving urban renewal projects from time to time. Pursuant to the Act and the procedures contained in the Plan, the City, in Resolution No, 4632, has set forth an intention to establish certain projects as urban renewal projects (the "Projects"), and modify the Plan accordingly, has given notice and conducted a public hearing with respect thereto. Section 2. Modification of Plan and Approval of Project. The City reconfirms the findings contained in Resolution No, 4632 and hereby approves the following project as an Urban Renewal Project and modifies the Plan accordingly; Assistance in the Building of a Health Department Facility, The project consists of granting to Flathead City/County Health Department/Flathead Board of County Commissioners a sum not to exceed $500,000 to assist in the construction of a new Health Department Facility within the Downtown Urban Renewal Area. Section 3. Findings. The Council hereby finds, with respect to the Project described in Section 1 hereof, as follows: a. a workable and feasible plan exists for making available adequate housing for any persons who may be displaced by the Project; b, the Plan, as modified to include the Project, conforms to the comprehensive plan or parts thereof of the City; C. the Plan, as modified to include the Project, will afford maximum opportunity, consistent with the needs of the City as a whole, for the rehabilitation or redevelopment of the District by private enterprise; 2005: 65 6 3 C) d. a sound and adequate financial program exists for the financing of the Project, which program includes the sale and issuance by the City 'of its urban renewal tax increment bonds in an amount not to exceed the costs of the Project and other Projects heretofore or hereafter approved by this Council, including administration costs and costs of issuance of the bonds, and for the application of available funds in the Development Account in the Tax Increment Fund of the City, in proportions yet to be determined, for the purpose of financing all or a portion of the costs of the Project as set forth above; and e. the Project constitutes an urban renewal project within the meaning of the Act and the Plan. Section 4. The Urban Renewal Project herein designated and approved may be modified by the City Council of the City of Kalispell if the Council determines by Resolution that an adjustment to a Project or Projects is required in the best interest of the City of Kalispell, Section 5. All actions of the City Council heretofore taken with respect to the Project herein designated, to the extent not inconsistent herewith, are ratified and confirmed. Section 5. This Ordinance shall take effect from and after 30 days of its passage by the City Council and approval by the Mayor. Section 7. Approval of Project. This Council hereby approves, ratifies and confirms modification of the Plan to designate the Project as an urban renewal project within and under and to be undertaken pursuant to the Plan, and the Project is hereby approved. All actions of this Council heretofore taken with respect to the Project, to the extent not inconsistent herewith, are hereby ratified and confirmed. PASSED, ADOPTED and APPROVED on first reading this 15TH day of OCTOBER, 2001. PASSED, ADOPTED and APPROVED on second reading this 5TH day of NOVEMBER, 2001. a.WM.E .baharskl Wm. E. Boharski Mayor ATTEST; f T11 C-:6e sa White City Clerk