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Tab 02 Resolution 4222October 17, 1995 I, Debbie Gifford, the undersigned, Clerk of the Council of the City of Kalispell, certify that the foregoing is a true and correct copy of Resolution 4222, approved by motion by the City Council of the City of Kalispell at City Hall on July 24, 19950 Debbie Gi f CMC f( Kalispell lerk of Council CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting tic i ty)9) recording officer of the City of Kalispell, Montana (the hereby certify that the attached resolution is a true copy of Resolution No. 4222, entitled: "RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NOe 342, DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE 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 )I (the "Resolution"),, on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City at a meeting on July 24, 1995, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law, and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting the following Council members voted in favor thereof:- Cliff Collins, Gary..-.--.Nystul, Duane Larson, Dale 0 Haarr, Barbara Moses, and Loren Granmo; voted against the same. Doug Rauthe,----and Jim Atkinson ; abstained from voting thereon: ; or were absent: Pam Kennedy WITNESS MY HAND OFFICIALLY THIS 24th - DAY OF JULY, 19950 CLERK (UFd*NCIL RESOLUTION NOo 4222 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO* 342; DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE 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 0 "city"), Montana, as follows,, ,5-E!CTI!QN --- i e PROP D IMPROVEMENTS* INTENTLQN---.TO ATE -CRE DISTRICT The City proposes to undertake certain local improvements (the "Improvements") to benefit certain property located in the City. The Improvements consist of installation of storm sewer system, water mains, street lights, curb and gutter and paved road, as more particularly described in Section V. The total estimated construction costs of the improvements are -$209.00..QAQ- The cost of the Improvements are to be paid from the following sources. (1) Special Improvement District bonds hereinafter described, It is the intention of this Council to create and establish in the City under the Title 7,, Chapter 12,, Parts 41 and 42, Montana Code Annotated, as amended, a special improvement district (the '"District") for the purpose of financing a portion of the costs of the Improvements and paying costs incidental thereto, including the costs associated with the sale and the security of special improvement district bonds drawn on the District (the "Bond") , the creation and administration of the District, the funding of a deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund") and the establishment of a reserve account securing the Bonds in the District fund (the "Reserve Account"),. The total estimated costs of the Improvements, including such incidental costs to be financed by the Bonds are $2Q-2..., .Q.00.QQ. The Bonds are to be payable primarily from special assessments to be levied against property in the District, which property will be specially benefitted by the Improvements in an amount not less than $2.-0,9...,.OQQ---. 0Q1 SECTION II* MR4BER OF DISTRICT The District, if saME .0 the established, shall be known Improvement District No. 342 Montana. RESOLUTION OF INTENTION SID #342 2 shall be created and and designated as Special of the City of Kalispell, SECTION III. B NDARIES.QF DI -STRICT The limits and boundaries of the District are depicted on a map attached as Exhibit "A",, attached hereto and thereby made a part hereof, which boundaries are designated and confirmed as the boundaries of the District, A listing of each /--o-f the properties of the District is shown on Exhibit t Bjl- attached hereto, which is hereby incorporated herein"And made a part hereof SE-QTION IV* BENEFITTED PRQ ERTY The District and territory included within the limits and boundaries described in Section III and as shown on Exhibits A and B are hereby declared to be the special improvement district and the territory which will benefit and be benefitted by the Improvements and will be assessed for a portion of the costs of the Improvements as described in Section I. It is the intention of the Council to charge the expenses of the work improvements to lots not fronting on the Improvements, as well as lots abutting the Improvements, because the lots not fronting on the Improvement are benefitted by the Improvements and the installation of the Improvements are more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefitted by the Improvement. SECTION-Vo GENERAL ---- -- CHARACTE.R...QF THE IMPRQVEMENT The general character of the Improvements is to build a storm sewer system, water mains, street lights, curb and gutter and paved road, on Corporate Drive, .S..E.CTIQN VI - ENGINEER AND ESTIMATED COST Carver Engineering shall be the engineer for the District, The Engineer has estimated the costs of the 0 Improvements, including incidental costs to be $1BQ1Q0Q600 0 5.EQT..I.9N -..-.Vi I I A.-S-5E.-5.5MENT METH All properties in the District are to be assessed for a portion of the costs of the Improvements, as specified herein. The costs of the Improvements shall be assessed against the property in the District benefitting from the Improvements, based on the following: A) The District's cost of constructing and installing the storm sewer system,, water mains., RESOLUTION OF INTENTION SID #342 3 street lights, curb and gutter and paved road, on Corporate Drive shall be assessed by determining the lots fronting upon the Improvements and assessing each lot as its frontage bears to its proportion of the whole cost of the Improvements 0 B) The total lineal footage of the lots, tracts or parcels bordering or abutting such Improvement and to be so assessed is 2.421,5Q feet, The assessment for each lot, tract or parcel of land f or the Improvements is shown on Exhibit "gn If attached hereto.' 5ECTI.0 T rs N VIII, A.5-5-E.S.5MENT METHODOLQQIE5 EOUITABLE, AND CQN.SISTENT WITH BENEFIT This Council hereby determines that the method of assessment and the assessment of the costs of the specific Improvements against the properties benefitted thereby as prescribed in Section VII are equitable and in proportion to and not exceeding the special benefits derived from the respective Improvements by the lots, tracts and parcels to be assessed therefore in the District. ,S-ECTIQN IX, PAYMENT OF -M-S-E.SF2MENTS The special assessment for the costs of the Improvements shall be payable over a term not exceeding years, each in equal semiannual installments of principal, plus interest., or equal semiannual payments of principal and interest, as this Council shall prescribe in the resolution authorizing the issuance of the Bonds, Property owners have the right to prepay assessment as provided by law, SECTIQN X. METHQDS OF FINANCING,; --ELE.DOE REVOLVINQ F_VND.; FINDIN95,.-AND DETERMINAT The City will issue the Bonds in an aggregate principal amount not to exceed $2_Qg..., QQ Q 0 in order to finance the costs of the Improvements. Principal of and interest on the Bonds will be paid from special assessments levied against the property in the District and such payments will be secured by the Reserve Account, This Council further finds it is in the public interest, and in the best interest of the City and the District, to secure payment of principal of and interest on the bonds by the Revolving Fund and hereby authorizes the City to enter into the undertaking and agreements authorized in 7-12- 4225, MCA with respect to the Bonds, RESOLUTION OF INTENTION SID #342 4 In determining to authorize such undertakings and agreements, this Council has taken into consideration the following factors: A) Estimated Market Value of Parcels. T h e estimated market value of the lots, parcels or tracts in the District as of the date of adoption of this resolution, as estimated by the Flathead County Assessor for proper. ty tax purposes, is set forth in Exhibit :"B": The property within the proposed District --is zone General Business, B-2 West of Corporate Drive and Community Business, B-3 East of Corporate Drive., allowing a variety of business operations, including out -door displays and storage of merchandise in the B-2. The City of Kalispell, Public Works Department estimates that every lot, parcel or tract of land within the proposed District would increase in value significantly after the Improvements have been completed. The special assessments to be levied under Section VII against each lot, parcel or tract in the District is less than the increase in estimated market value of the lot, parcel or tract as a result of the construction of the Improvements. B) Diversity . .... ..... .. of Property ners . The 7 lots, parcels or tracts of land within the District have 4 different owners. The developed lots are primarily developed as multi -purpose business operations and 4 lots are undeveloped and vacant. C) Comparison of Sr)ecial Assessments and Property Taxes and Market Value The proposed Improvements and inciden�al expenses will require $209,000.00. There are no outstanding special assessments or industrial development revenue bonds on property within the District, According to the Flathead County Treasurer's office there are no unpaid or delinquent taxes on any of the property subject to the Special Improvement District. As shown in Exhibit "B" the market value of the property is $ 2...,e 2 6 T,c 5,96, Current delinquencies are - 0% of the market value. The District if created will be 9% of the market value of the property, RESOLUTION OF INTENTION SID #342 5 a D) Delinquencies Delinquencies on the property are D W of the market value of the property in the proposed District. Currently, the City's General Fund Levy shows a delinquency rate of 2%. The City has currently total outstanding SID and Sidewalk and Curb bonds in the amount of $ 144 rp Total delinquencies on the bonds equals $2,859 or about 2%. The City has currently $32,962,00 in the SID Revolving Fund or about 22% of the outstanding debt owed from SID's and Sidewalk and Curb bonds. E) The Public Benefit of the ILnprovements The property included within the District comprises a significant area within the City limits of Kalispell not served by City water. The area cannot be developed for any purpose without the installation of a water system, streets,, curb and gutter street lights, All property within the District is either within the boundaries of the City or will be in the City prior to assessment for the Improvements* -$..ECT!.O X PIJBLIQ HEARING; ....P2QTEr 2T At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expenses of making the Improvements may make and file with the City Clerk of Council until 5:00 P.M,, M.D,T., on the expiration date of said 15-day period August 18..,....199 5) written protest against the proposed Improvements, or against the extension or creation of the District or both, and this Council will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed,* which said regular meeting will be held on August at 7:00 P*M. M.D.T,. in the City Hall, 312 1st Avenue East,, Kalispell, Montana. SECTION XI* NQTIC PAS5ME--QF --RESOLUTION OF INTENTIQN The City Clerk of Council is hereby authorized and RESOLUTION OF INTENTION SID #342 6 directed to publish or cause to be published a copy of a notice of the passage of this resolut 'Ion in the Daily Inter Lake, a newspaper of general circulation in the County on August 2,,--..122 and August 2,, 1995,., in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation,, or the agent or such person,, firm,, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last -known address, on or before the same day such notice is first published. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF KALISPELLI MONTANA THIS 24 DAY OF JULY, 1995. MWAI low* Attest: KA. - $-. 1-M I �94. UK Mw� MEWAI GATO, City Clerk -1�9 Wo Ir I Eff RESOLUTION OF INTENTION SID #342 7 EXHIBIT "A" PARCEL 14 TRACT 7AD: A tract of land located in the Southwest Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: a Commencing at a found brass cap monument which indicates the South quarter corner of said Section 12; thence NOO*47`581fE,, on and along the West boundary of said Southwest quarter of the Southeast quarter, a distance of 1042-69 feet to the true point of beginning; Thence continuing N00047'58"E, on and along said West boundary of the Southwest quarter of the Southeast Quarter, a distance of 278.29 feet to a point which point is the center South one- io sixteenth corner of said Section 12, Thence N89*38'25"E,, on 'and along the North boundary of said Southwest quarter of the Southeast quarter a distance of 313,,06 feet to a found 3/4" iron pipe which point is the Northwest corner of "street", Gibson Addition No. 41, records of Flathead County; If Thence' SOO'047"58"W, on and along the West boundary of said "street", Gibson Addition No. 41, a distance of 278.29 feet to a point* Thence S89038125"W,, a distance of 313.06 feet to the true point of beginning. PARCEL 20 TRACT 7A: A tract of land located in the Southwest quarter of the Southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows, Commencing at a found brass cap monument which indicates the South quarter corner of said Section 12; thence N00047"58"E,, on and along the West boundary of said Southwest quarter of the Southeast quarter, a distance of 47-19 feet to the true point of beginning; Thence continuing N00047f58"E, on and along said West boundary of the Southwest quarter of the Southeast quarter, a distance of 995.50 feet to a point; Thence N89038'25"E, a distance of 313-06 feet to a point which lies on the West boundary of "street",, Gibson Addition No. 41,, records of Flathead County; Thence SOO*47'58"W, on and along said West boundary of "street", Gibson Addition No. 41, a distance of 932.97 feet to a point which lies on the Northerly right-of-way of Highway No,. 2 ; Thence Southwesterly on and along said Northerly right -of -way,, on a curve to the right (Delta = 16058"12"., Radius = 1086-00 feet, Radival bearing = N20005'37"W), a distance of 321.65 feet to the true point of beginning, PARCEL 30 Gibson Addition Tract 1 Records of Flathead County, Montana PARCEL 40 Gibson Addition Resubdivision L 1 & 3 Lot 1 Records of Flathead County, Montana PARCEL 50 Gibson Addition Resubdivision L I & 3 Lot 2 Records of Flathead County, Montana PARCEL 6* Gibson Addition Resubdivision L 1 & 3 Lot 9 Records of Flathead County, Montana Gibson Addition Resubdivision L 1 & 3 Lot 10 Records of Flathead County, Montana 2 L 2 m f D A 2 A 2 D 2 F A 2 LID [2 F JAZ IF; A ]81 A A 16 E 8 6 E A 6EC 6 ED 6 E E 6 E 6 D 6 A k� D J GAC 6 A 5 6 D I —6 A A� 6 A AX 66 A A .FC SDI GAAAd F D1 16AAT 6 A AJ 6 L A D c 6 6 6 6 A r. A A A 1 6 A 6 A A A A A 6 AAF1 "A a C A A SAA H nF L] ".6 4 6. 6 0 ?. id D 2mc "ft" � "%JMRN I WEST III HAWTHORN J WEST It w = . �w wo� K > P A PLACE PORT A VILLA NO3 m A 5 Q. 1 4 . 6 2 Y ELLOWSTONE ST. A 5. 4 3 2 F 5 PORTA V1 LLA B K- 3 11- ... . 4 .. 7 41 9 1101 11 1 q1 6 L A C I E R ST. 61 5 41 5: 1- (n I 5H 50 TWO —M ILE Dit-1 VE L I G A T E W A Y C A Amd. Plot of the AM 9-p""iW EST A DD. IGE wes tarly po r of GATEWA Y of Lpt 2 34 WEST ADD. 34 Of of the Aml Y, p lot of Westerly Por > �x GATEWAY ok WEST ADD. 34 'OL W-% A T '20 4. Is A D .445 I A B A 2 6 31.4 2' 8(-:;o 44' W. EXHIBIT "B" OWNER ADDRESS LEGAL DESCRIPTION SHARE OF SID. MARKET VALUE Ronald E. Pack P.O. Box 7068 7AD 12-28-22 $ 24,018.28 $ 17fOOO.00 Kal.MT 59904 Ronald E. Pack P.O. Box 7068 7A 12-18-22 81,418.04 26,880.00 Kal.MT 59904 Super Value Food P.O. Box 30838 Gibson Ad -Tr. 1 18,98-7.65 579,600.00 Stores -Ryan Div. Billings,MT 59107- 0838 Dennis L. Foster 610 Benton Gibson Ad. Resub 31f502-57 94fO88.00 Jerry M Ford Msla.MT 59801 L 1 & 3. Lot I Ashley Square 1325 Hwy 2 W Gibson Ad. Resub. 23f736.13 1,514,612.00 Partnership Kal. MT 59901 L 2 & 31 Lot 2 Ronald E. Pack P.O. Box 7068 Gibson Ad. Resub. 9f7.54.03 17,424.00 Kal.MT 59904 L 1 & 3, Lot 9 Ronald E. Pack P.O. Box 7068 Gibson Ad. Resub. l9f583.30 18,080.00 Kal. MT 59904 L 1 & 3, Lot 10