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Tab 03 Affidavit of Publication of NoticeIs j5. x GqS' .�y -14 llhls i3 R. by. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION DOROTHY GLENCROSS BEING DULY SWORN, DEPOSES AND SAYS: THAT SIM IS LEGAL CLERK OF THE DAILY INTER LAKE, A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISBED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATBEAD9 STA OF MONTANA, AND THAT NO.. 4312 LEGAL ADVERTISEMENT WAS PRINTED AND PUBLISBED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY ,iEREOF ON THE DATES OF FEB* 1 & 91 2001* AND T1-1E RATE CHARGED FOR TBE ABOVE PRINTING DOES NOT EXCEED TIHE MENIMUM GOING RA CHARGED TO ANY OTBER ADVERTISER FOR TIHE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISBED FOR TIHE SAME Subscribed and sworn to before me this AD FEB. 9� 2001 t Notary Public Ur the State of Montana Residing in Kalispell My Commission expir A-0 A -0 SEAL No. 4312 NOTICE OF PAS- SAGE OF RESOLU- TION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DIS- TRICT NO. 343 AND TO ISSUE THE CITY'S SPECIAL IMPROVE- MENT DISTRICT NO. 343 BONDS IN THE AGGREGATE PRINCI- PAL AMOUNT, AND IN SALABLE INCRE- MENTS, NOT TO EX- CEED $1,798,603-00 SECURED BY THE CITY'S SPECIAL IM- PROVEMENT DIS- TRICT REVOLVING ,FUND CITY OF KALISPELL, MONTANA NOTICE IS HEREBY GIVEN that on January 22, 2001,-the City Coun- cil of the City of Kalis- pell, Montana (the "City"), adopted a Reso- lution of Intention to Create Special Improve- ment District No. 343 (the "District") for the, purpose of financing the costs of certain local im- provements (the "im- provements") and pay- ing costs incidental thereto, including costs associated with the sale and the security of spe- cial improvement district bonds of the City 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 (the "ReV'dlVing Fund") and the establishment of a reserve'account se- curing the Bonds in the District fund (the "Re- serve Account"). The improvements shall be constructed and instal- led pursuant to plans and specifications pre- pared by Robert Peccia & Associates, and ap- proved by the City Engi- neer. A complete copy of the Resolution of Inten- tion (the "Resolutionot) is on file with the City Clerk which more spe- cifically describes the nature of the Improve- ments, the boundaries and the area included in the District, the location -of the Improvements and other matters per- tainiag-th-ereto and fur- "'' -1-ft'rough ther particulars.. - terms, Sunnyview Lane - bisects the District -and. the Dist(Ict is bou ' nded by- porftions of'. U.S. Highway:.93,, Meridian Road, Wihdward Way, Glacier View Drive, Claremont Street, and Conway Drive. The Improvements generally consist of (i) realigning a portion of Sunnyview Lane and planning, designing, and performing site grading for those portions of Heritage Way and Sun- nyview Lane, as real- igned, to be constructed within the District, and relocation and installa- tion of utilities (such as p�otable water mains and services, sewer mains and services, a storm drainage system, and telephone, natural gas, and electrical utilit- ies) (collectively, the "Grading and Utility Im- provements"); and (ii) dismantling and remov- ing existing above- ground utilities along or adjacent to the existing Sunnyview Lane from the point that- is approxi- mately 119 lineal feet to the east of the eastern boundary of Windward Way to U.S. Highway 93 and burying substitute utilities along such � seg- Ment,of such roadway, and surfacing those pOr- tions of Heritage Way and Sunnyview Lane, as existing and to be -re- aligned, located or to be located in the District, and installing related surface improvements, such as curbing, aprons, sidewalks, qut- ters, and landscaping (collectively, the "Sur- face Improvements"). The total estimated posts o ' f the Improve- ments, including all inci- dental costs, are $1,798,603.00. 'The City would issue the Bonds in an aggre- gate principal amount, and in salable incre- -ments, not,to,exceed $1,798,603.00 in order to:.finance the costs of the -Improvements. Prin- cipal of and interest on the Bonds will be paid f rom s pecial assess- ments levied against the property in the District in the aggregate principal amount of $1 798,603.00 and such payment will be secured by the Reserve Account and the Revolving Fund. Subject to the limitations of Montana Code Anno- tated', Section 7-12- 4222, the general fund of the City may be used to provide loans to the Revolving Fund or a general tax levy may be imposed on all taxable property in the City to meet the financial re- quirem ents of the"Re- volving Fund. All properties witnin the District are to be as- sessed for a portion of the costs of the Im- provements. The costs of the Improvements will be assessed against ap- plicable portions of the property in the District benefiting from the Im- provements, based on, as. appropriate and as set forth more particu- larly in Section 7 of the Resolution, the actual area and frontage meth- ods of assessment de- scribed in Sections 7- 12-4162 and 7-12-4163, M.C.A. The actual area method is to be used to assess the costs of the Grading and Utility Im- provements, which costs are -to be spread ,-�between two. properties, Ith. the estimated -total ;Priheipal amount of'such assessments to be $654,078 for'.one prop- ert.y-Land-$437,792 for the othQr prqperty. The -frontage method is to be used to. assess the costs of the Surface Im- provements, which costs are to be spread among eight of the nine assessed propetes in the District, with the es- timated total principal amount of such assess- ments to range from $13,538 -to $524,640 per property. More de- tails regarding the as- sessments are set forth in the Resolution. On February 30, 2001, at 7sOO p.m., M.T., in the Council Chambers at City Hall, 312 1st Ave- nue East, Kalispe ' 11, Montana, the City Coun- cil will conduct a public hearing and pass upon all written protests against the creation of the District, or the mak- ing -of Improvements that may be filed in the period described below. Writ -ten protests against the creation or extension of the District and the making of the Improvements may be f iled. by- an agent,. per - sort, firm or -corporation owning real property within the �proposed Dis- trict whose property is li- able to be assessed for the Improvements. Such protests must be deliv- ered to the City Clerk at City Hall, 312 1 st Ave- nue East, Kalispell, Montana 59901 not later than 5:00 p.m., M.T., on February 16, 2001. Further information re- garding the proposed District or the Bonds or other matters in respect thereof may be obtained from Theresa White, City Clerk, at City Hall,. 312 Ist Avenue East, Kalispell, Montana 59901 or by telephone at (406) 758-7756. Dated: January 26, 2001. BY ORDER OF THE CITY COUNCIL OF THE CITY OF KALIS- PELLs MONTANA /s/Theresa White City Clerk February 1, 9t 2001