Tab 02 Resolution 4204CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I " the undersigned, being the duly qualified and acting
recording of f icer of the City of Kalispell,, Montana (the "City")
hereby certify that the attached resolution is a true copy of
Resolution No, 4204,, entitled: "RESOLUTION RELATING TO SPECIAL
IMPROVEMENT DISTRICT NO, 341, 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 FUND11 (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 May 1, 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repealed.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: James Atkinson, Loren Granmo, Barbara Moses, Dale
Haarr, Duane Larson, Pam Kennedy, Gary Nystul, and f..'.liff Collins,
and Mayor Doug Rauthe; voted against the same: None; abstained
from voting thereon: None,; or were absent: None .
f
WITNESS MY HAND OFFICIALLY THIS / DAY OF MAY, 1995s
(yd, cm,
CLERK (�F) YPRCIL
RESOLUTION NO*
RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 341;
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
"City"),. Montana, as follows:
E.QT I QN. I FRQPQ..S.EL)JMPRQVEMENTS; INTO= TO CREA
DISTRICT
The City proposes to undertake certain local
improvements (the '"Improvements") to benef it certain
property located in the City. The Improvements consist
of installation of a sanitary sewer main, as more
particularly described in Section V. The total
estimated construction costs of the improvements are
$132x7Q0,00 * The cost of the Improvements are to be
paid from the following sources: (1) Special
Improvement District bonds hereinafter described; (2)
City of Kalispell Sewer Fund Reserves. 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
f inanced by the Bonds are $1 50, 0-!20,-QO, 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 $1.3 gg. -7 Q 0 , QQ .6
N R
--OBE- -.....QF. DISTRI
The District, if the same shall be created and
established, shall be known and designated as Special
RESOLUTION OF INTENTION
SID # 341 2
Improvement District No. 341 of the City of Kalispell,
MontanaS
S-EfeTION II I * BQ-UNDARI.E S —QF D I SM I.-QT
The limits and boundaries of the District are depicted
on a map attached as Exhi bit "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 of the properties of the
District is shown on Exhibit "B", attached hereto,
which is hereby incorporated herein and made a part
hereof&
im- I "--to) z L3M"z[*j
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.
,5.Efe-TION Nr e GENERAL, CHARMTER QF-THE IMPRMMEM
The general character of the Improvements is to build a
sanitary sewer main with services to the property line,
on Fifth Avenue East beginning at Fourteenth Street
East and continuing South to the City limits line.
BE.C-T—ION VIs ENQI.NEER AND ESI-IMATED QQ5T
The City of Kalispell, Public Works Department shall be
the engineer for the District, The Engineer has
estimated the costs of the Improvements, including
incidental costs to be $ U0,000,&Q-6
SECTIQU-VII* AUEr2gj ENT METH
All properties in the District are to be assessed for a
portion of the costs of the Improvements, as specified
RESOLUTION OF INTENTION
SID # 341 3
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 sanitary sewer, with services to
the property line, 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, Lots not fronting shall be
assessed based upon an average fronting of those
lots fronting the Improvements,
B) The total lineal footage of the lots, tracts
or parcels bordering or abutting such Improvement
and to be so assessed is 2867,03 feet, The
assessment for each lot, tract or parcel of land
for the Improvements is shown on Exhibit "B".
attached hereto.
EECTION VII.10 5SMENT ME.THQDQLQGI E S --.-EQIII TA13L.9 -.--AND
CONSI5TENT 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*
X9 PAYMENT --- QF ASBE, MEN
SECTION L---- .95
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.
5ECTION. METjQD.5--.-.QF FINANCINQ; PLEDGE QF RMLVINQ
FUND'@ FINDIN AND DETERMINA71
-QM
The City will issue the Bonds in an aggregate principal
amount not to exceed $150..., Q.99.- 90- in order to f inance
.the costs of the Improvements. Principal of and
RESOLUTION OF INTENTION
SID # 341 4
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 S 7-12-4225, MCA with respect
to the Bonds.
In determining to authorize such undertakings and
agreements, this Council has taken into consideration
0
the following factors.
A) Est-iMated Market Value of Parcels. The
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 property tax
purposes , is set f orth in Exhibit "B",, The
property within the proposed District is zone
Residential Apartment, RA-1, allowing multi-
family dwellings. All of the lots are of
sufficient size to allow duplexes and most
would allow at least fourplexes under the
current zoning. There is a great need for
additional housing units within the City of
Kalispell and multi -family property is in
demand. The property within the proposed
District cannot be used for multi -family
housing, under current regulations, without
municipal sewer service. The City of
Kalispell, Public Works Department estimates
that every lot, parcel or tract of land
within the proposed District would increase
in value at least by $5000.00 after the
Improvements have been completed, with
several increasing even more. 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.Ownership. The 35 lots,
parcels or tracts of land within the District
have 33 different owners, The lots are
primarily developed as single family -owner
occupied residences, and only two lots are
RESOLUTION OF INTENTION
SID # 341 5
undeveloped and vacant,
C) Comoarison of SDecial Assessments .......... and
Propg�r,t,y..Taxes and Market Value,, The
proposed Improvements and incidental expenses
will require $150,000,00. There are no
outstanding special assessments or industrial
development revenue bonds on property within
the District. According to the Flathead
County Treasurer's office total unpaid and
delinquent taxes on three (3) of the lots
within the District are $842.74, $717.66 and
$402.98, respectively, for a total of
$1,963.38. As shown in Exhibit "B" the
market value of the property is
$1,600,603.00. Current delinquencies are .12%
of the market value. The District if created
will be 9.3% of the market value of the
property.
D) Delinquencies
Delinquencies on the property are .12% 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
$144,232.00. 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 Improve=ntg
The property included within the District
comprises the last significant area within
the City limits of Kalispell not served by
City sewer. The area is currently served by
septic systems for individual properties. If
septic systems fail it is doubtful that the
property owners will be able to obtain
replacement systems. 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,
RESOLUTION OF INTENTION
SID # 341 6
SECTIQN..___X * PILB—LIC- E_EARINQ;._..PRQTEST
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.Mol M.D.T., on the expiration date
of said 15-day period (-.-..June )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 ju]ag 0
1225, at 7*00
P.Me M,D.T. in the City Hall, 312 1st Avenue East,
Kalispell, Montana,
SECTIQN XI. NQTIQE QF. PAS5A9E..___.0F. RESOLIITIQN _QF INTENTION
The City Clerk of Council is hereby authorized and
directed to publish or cause to be published a copy of
a notice of the passage of this resolution in the Daily
Inter Lake, a newspaper of general circulation in the
County on -May 16 and -May 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
KALISPELL, MONTANA THIS 1st DAY OF MAY, 19950
Vl D. Rauthe Mayor
0
Attest.
20'0� A-XX(Pd'C (IM Q_
city clefl-W Council
RESOLUTION OF INTENTION
SID # 341 7
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