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Tab 29 Affidavit of Pub of Notice of Passage of Reso of IntentSTATE OF MONTANA --FLA EAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS.- THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION PRINTED AND PUBLISHED IN THE CInr OF KALISPELL, IN THE COUNTY OF FLA-rHEAD, STATE OF MONTANA., AND THAT NO 9913 LEGAL -ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DA S. OF OCT 18,25, NOV I 1- 2005 AND,THE RATE CHARGED FOR THE ABOVE -PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION,, SET IN THE SAME SIZE TYPE AND PUBLISHED FO HE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this AD NOV 19 2005 Notary Public for the State of Montana Residing in Kali spell My Commission expires 9/11/09 00-- G nm C/1__ * 0 Notarial -�� .'Seal .7 of M NOTICE OF PAS- SAGE OF RESOLU- TION OF INTENTION TO CREATE SPE- CIAL IMPROVEMENT DISTR ICT NO. 344 AND, TO ISSUE THE .CITY'S SPECIAL IM- PROVEMENT D.IS- TRICT NO. 344 BONDS THE AGGREGATE PRINCIPAL AMOUNT, AND IN SALABLE IN- CREMENTS, NOT TO EXCEED $4,550,000 SECURED BY THECITY'S SPECIAL -IMPROVEMENT DIS- TRICT - REVOLVING FUND CITY,OF KALISPELL. MONTANA 1. NOTICE IS.HERESY GIVEN that on October 31 2005. the City Coun- ca[.of�..imb_ -of � -Kilis- 11 : � .. -Cit�: pellt. .1 Montana - '(the "City'4), adopted'a Reso- lution of Intention to Create Special Improve- ment Dibtrict No. 344 (the "DI ' stricta) for the purpose of financing the costs of certain local iin- provements (the *Im- rovementsl and pdy- 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 MO' ,'08onds8),'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 estabfishment 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 specifictitions pre- pared by Morrison & Maier e, Inc.-..'abd ap- proved by the City Engi- neer, - A complete conv of the Resolution of Wten- tion (the _"Resolution") is on file with the City Clerk which m - ore spe- cifically describes the nature of. the Wprove- ments -the boundaries and. the area included'in the - District, the location of th-e-Impro'vements and other. matters per- tainin'g thereto and fur- ther particulars.. The "general character of the Improvements are (1) grading and utility Im- provementso consisting of'planning, design and performing site . grading for the construction within the District of Schoo.1house. Loop, Schoolhouse Drive and Schoolhouse Circle (in- cludirig, .*without limita- tion potable watermains, and -services,. sewer mains and sewlces,a storm drainage systeml telephone, natural gast and electrical utilities), and (il)'Surface improve- ments, consisting of Sur- facing Schoolhouse Loop, Schoolhouse Drive and'Sch. oolhouse Circle and installing re- lated surface Improve- ments, such as, without limitation, curbing, aprons, sidewalks,, gut. ters ., and landscaping. Thei total estimated costs of the improve- ments, including all inci- dental costs but not the costs associated with securing the Bonds and the issuance of the Bonds, are $3,963olOO. it wotAld issue ThO C - - - re 1h'0J00q0S,jn an agg, - o nt, arid..1h salable incre- .ments, not to exceed $4,550,000 in order. to finance the . cost . s of the improvements, Principal of and inter- est on the Bonds will be paid frorn special as- sessments levied I against the property in J� the District in the aggre- rate principal amount of 4,550,000 and such payment will be secured by the Reserve Account and the Revolving Fund. Subject to the limhations of Montana Code Anno- tated,.: Section 7-12...-1 4222, the -general f und of the City may be used to provide loans to the Revolving Fund or a general tax levy rhay be imposed. on , ail taxable property in the City to meet the financial r8- quirements of the Re- volving Fund. All properties'within .the District are to be as. sessed for a portion of On November 7, 2005, at 7:00 p1m., M'.T., in the .the- costs of'the Im- provements. The',costs Council -Chambers at of the Improvements will City Hal.l,,312 I st Ave- ,be assessed against ao- plicable portions ot the nue East, Kalispell. - Montana the City Coun- i property in the District benefiting from the Im- -cil will conduct a public hearing and pass upon provem.ents, based on, as appr . opriaite and as all written , protests against the creation of set forth more particu- larly in Section 7 of the the District, ofthe mak- ing of Improvements Resolution, the actual that may -,--be filed in the area method of assess- pedW described below. ment described in Set- tions 7-12-4162 and 7- . Written protests 12-4163,t M .-C - A, All of the properties in the against the creation or extension of the District District (described as and the making of the SID Lot N through. 17) will be,-assetsed1or Improvements may be filed,by an agent, per- their proportionate share of the. costs Of I the son, firm or oorporation oy�ni,ng . real property Irading, utility,''and sur- acing rnprov ents. em wfthin.the proposed Dis- trict whose property is li- The total estimated cost able to be assessed for' of the grading, utility., the. Impraverne'nts. Such 'rhust'"be "deliv- and s'urfadinp Improve- protests ments, including alllnci- dental expenses. and ered to the City."C(erk at ft City Hallo 31 � 1 st Ave' costs associated with secunng.the Bonds and nue East Kalispell. Montana 59901 not later the issuance of the Bonds' is $4.,55'0,�000 than 5,,00 p.rn.-, on No - vember 2. 2005. .and shall -be assessed against each of, SID Lot Further information re - Nos. 1 th'r-bugh 17, for gafding the.proposed DWrict or the Bonds or that part of the costs of the. grading.., utifity,� and other matters "in respect surface. lmprbvements there6t �a be obtained &ty .that the area of -each of from the. Clerk at such tract or parcel bears to the total. a rea'of city Hall, 312 1st Ave - nue East. Kalispell,, both of such tracts or Montana 59901 or by. parceft exclusive of telephone at (406) 758- streets, avenues alleys., 7756.... storm'wa'ter detention and like features.' Dated: -October '12, qonds he' total area of the 2005 District to be assessed by way of the actual BY ORDER OF TEE area method isestimat- ed to -be 21064 30'8 CITY COUNCIL OF THE CITY OF KALIS- feet. The PELL9 MONTANA ONuare the grading, uctiolistyts, and...su'rfaci6gAm.prove- Is/Theresa White ment§' 6 uae'Ooot Of P rsq City Clerk area is estimated not to excee , d _42'.21-.7he 'total O-ctober 18, 25, No - assessment. (not.--lnclud- vember 1, 2005. - ing interest _expensb) fo r each'a- ffb ''t 1 c. ed ot, tract 'I "of la.n pr parce d sub- jected to the actual area, method. of.assessment for the' ' -grading, Utility., and 'surface Improve- ments is shoWn on EX- HIBIT D of .'the- Resolu- tion of Intention, on file with the City Clerk.