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Tab 33 Resolution No. 5070CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE 1. the undersigned, being the duly qualified and acting recording officer of the City of Kalispell, Montana (the "City"), hereby certify that the attached resolution is a true copy of Resolution 5070 entitled: "RESOLUTION OF INTENT TO ESTABLISH A INDUSTRIAL TAX INCREMENT DISTRICT AT OLD SCHOOL STATION AND CALL FOR PUBLIC HEARING UNDER MONTANA CODE ANNOTATED TITLE 7, CHAPTER 15, PART 42." (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 regular meeting on October 17, 2005, 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notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed.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: Jim Atkinson,. Kari Gabriel, Bob Herron., --Randy KeUon, Duane Larson,. Hank Olson, and Mayor Pamela B. Kenn ; voted against the same: Bob Hafferman and Tim Kluesner ; abstained from voting thereon: None -, or were absent: None I WITNESS my hand and seal officially this 18th day of October, 2005. Theresa White City Clerk JR171SOLUTION NO, 5070 RESOLUTION OF INTENT TO ESTABLISH AN INDUSTRIAL TAX INCREMENT DISTRICT AT OLD SCHOOL STATION AND CALL FOR PUBLIC HEARING UNDER MONTANA CODE ANNOTATED TITLE 7, CHAPTER 15, PART 42, BE IT RESOLVED by the City Council (the "City Council') of the City of Kalispell, Montana (the "City"), as follows: Section 1. Recitals. 4 1.01. Subject to the satisfaction of certain requirements contained in the Act (as defined below), the City is authorized pursuant to Montana Code Annotated Title 7, Chapter 15, Part 42, as amended (the "Acf'), including Montana Code Annotated, Section 7-15-4299, as amended, to pass an ordinance (the "Ordinance") establishing an Industrial Tax Increment District to assist in financing necessary industrial infrastructure to encourage the attraction, growth, and- retention of secondary value -adding industries. 1.02. A proposal has been presented to the City by Montana Venture Partners, LLC (the "Developer") that the City establish an Industrial Tax Increment District to be known as the "Old School Station Industrial Tax Increment District" for the purpose of stimulating 'Industrial growth by Wing a financial mechanism to provide the necessary infrastructure support to encourage the provi growth of secondary, value -adding industries in the City. Section 2. Preliminary,,Findings. 2.01. Based on representations made by the Developer to City staff and the City Council and the work of City staff to date, the City Council makes the preliminary findings, determinations, and declarations set forth in 2.02(a) through (g) below. The preliminary findings, determinations, and declarations of this City Council set forth in 2.02(a) through (g) below are subject to final findings, determinations, and declarations by this City Council after (i) two readings of the proposed Ordinance, and (ii) a public hearing (the "Hearing") on the proposed Ordinance and District as set forth in Sections 4 through 6 of this resolution. 2.02. The City Council of the City of Kalispell, Montana hereby preliminarily, finds, determines, and declares that: (a) the Ordinance and the formation of the District, as proposed, will facilitate the development of the necessary infrastructure to support industrial growth within the proposed District; (b) the passage of the Ordinance and the establishment of the District fall within the economic goals adopted by the City Council and the adoption therefor is in the public interest; (c) the District, as proposed, consists of a continuous area with an accurately described boundary; (d) the District is zoned for light or heavy industrial use in accordance with the City's master planning documents; (e) the District does not include any property located within an existing urban renewal area district created pursuant to the Act; the land in the District is currently deficient 'in infrastructure improvements for industrial development; and (g) the purpose of the District is the development of infrastructure to encourage the growth and retention of secondary, value -adding industries in the City. Section 3. Preliminary..,Approval. This City Cou ' ncil hereby gives preliminary approval to the adoption of the Ordinance establishing the District, subject to final approval following the Hearing, as more fully provided for in Sections 4 through 6 of this Resolution. Section 4. Public Hearing,,, Notice. The Act requires that prior to the adoption of the Ordinance and establishment of the District under the authority of the Act, thi's City Council shall give notice and hold a public hearing, such as the Hearing, on the proposed District. Pursuant to the Act, this City Council hereby calls for (i) the public Hearing on the District and the first reading on the Ordinance to be held on November 7, 2005� on or after 7:00 p.m., and (ii) a second reading of the Ordinance to be held on November 21, 2005, on or after 7.-00 p.m. The Hearing and the readings of the Ordinance shall be held in the City Council Chambers at City Hall, located at 12 1" Avenue East, Kalispell, Montana 59901. Section 5. Form of Notice of Public Hearin& The notice (the "Notice") of the Hearing shall be published in substantially the form attached to this resolution as Exhibit A. Section 6. Publication of Notice of Public Hearin. The City Clerk is hereby authon*zed to cause the Notice to be published in published in the Daily Inter Lake, a newspaper of general circulation in Flathead County, on October 25, 2005 and November 1. 2005, all in accordance with the requirements of Montana law. The publication of the Notice will be at least once a week for two consecutive weeks prior to the date set for the Hearing, the last such publication being seven days before the date of the Hearing. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 17TH DAY OF OCTO — 05. ATTEST - - - ---I ; 6. Theresa White City Clerk N EXHIBITA FORM OF NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING GIVING NOTICE OF A PUBLIC HEARING ON A PROPOSED ORDINANCE ESTABLISHING AN INDUSTRIAL TAX INCREMENT DISTRICT THEREFOR UNDER MONTANA CODE ANNOTATED . TITLE 7, CHAPTER 15, PART 42 CITY OF KALISPELL, MONTANA NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Montana (the "City") Will meet on November 7, 2005, on or after 7:00 o'clock p.m. in the Council Chambers at City Hall, 312 1" Avenue East, Kalispell, Montana, for the purpose of holding a public hearing to establish a Tax Increment Industrial District known as the Old School Station Industrial Tax Increment District (the "District"), for the purposes of stimulating industrial growth by providinga financial mechanism to provide the necessary infrastructure support. The City is authorized by Title 7, Chapter 15, Part 42, Montana Code Annotated (the "Act"), to pass an ordinance establishing the District to assist in financing necessary industrial 'infrastructure to encourage the attraction, growth, and retention of secondary value -adding industries. Copies of the proposed Ordinance (including a descri tion of the boundaries of the ip District) may be obtained from Theresa White, City Clerk, at City Hall, 312 1" Avenue East, Kalispell, Montana 59901 or by telephone at (406) 758-7756. All persons interested may appear and be heard at said time and place or may file written notice with the County Clerk and Recorder prior to the date of the hearing set forth hereinabove. Dated: October 181, 2005 BY ORDER OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA Theresa White City Clerk (Publication Dates: October 25 and November 1, 2005) tor 9 Or 10 Industrial Xft 11 1:0i Tax &AW increment District 9 4A Alm "Mwl�oa PW CA OLD SCHOOLSTATION as" "At"I 0*00MAW 4a 44pt POSA I SjrApv �0 499 Technology Tax Increment District fin ftv "nip