Tab 34 Resolution No. 5071CERTIFICATE 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 5071
e itled: "RESOLUTION OF INTENT TO ESTABLISH A TECHNOLOGY TAX INCREMENT
nti
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by law; and that the Resolution has not as of the date hereof been amended or repealed.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
Kenyon, Duane Larson, Hank Olson, and Mayor Pamela B. Kenne ; voted against the same: -Bob
Hafferman and Tim Kluesner ; abstained from voting thereon: None--, or were absent: None .
WITNESS my hand and seal officially this 18th day of October, 2005.
Theresa White
City Clerk
RESOLUTION NO. 5071
RESOLUTION OF INTENT TO ESTABLISH A TECHNOLOGY 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.
1.01. Subject to the satisfaction of certain requirements contained in the Act (as defined
below), the City is authorized pursuan . t to Montana Code Annotated Title 7, Chapter 15, Part 42, as
amended (the "AW), including Montana Code Annotated, Section 7-15-4295, as amended, to pass an
ordinance (the "Ordinance") establishing an Technology Tax Increment District to assist in financing
necessary industrial infrastructure to encourage the location and retention of technology development
projects in the State of Montana.
1.02. A proposal has been presented to the City by Montana Venture Partners, LLC
(the "Developer") that the City establish an Technology Tax Increment District to be known as the "Old
School Station Technology Tax Increment bistrict" for the purpose of assisting in financing necessary
industrial infrastructure to encourage the location and retention of technology development projects in the
City.
Section 2. Preliminary Findin2s.
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 (1) below. The preliminary findings, determinations, and
declarations of this City Council set forth in 2.02(a) through (i) below are subject to final findings,
determinations, and declarations by this City Council after (A) two readings of the proposed Ordinance,
and (B) 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 District is intended to provide assistance to businesses or organizations engaged in
technology -based operations that through the employment of knowledge or labor add value to a product,,
process, or export service that results 'in the creation of new wealth and for' which at least fifty percent
(50%) of the sales of the business or organization occur outside of the State of Montana or the business or
organization is a manufacturing company with at least fifty percent (50%) of its sales to other Montana
companies that have fifty percent (50%) of their sales occurring outside of the Stat of Montana;
(b) the Ordinance and the formation of the District, as proposed, will facilitate the
development of the necessary infrastructure to encourage the location and retention of technology
development projects in the State of Montana and the City;
(c) 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-,
(d) the District, as proposed, consists of a continuous area with an accurately described
boundary that is large enough to host a diversified tenant base of multiple independent tenants;
(e) the District is zoned in accordance with the area growth policy, as defined in Montana
Code Annotated, Section 76-1-103,-
(f) the District does not include any property located within an existing urban renewal area
district or industrial infrastructure development district created pursuant to the Act;
(g) the land in the District is currently deficient in infrastructure improvements for
technology development;
(h) the District is intended to host a diversified tenant base of multiple independent tenants;
and
(i) the District is not designed to serve the needs of a single district tenant or group of
nonindependent tenants.
Section 3. Preliminary Approval.
This City Council 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, this 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 I't Avenue East, Kalispell, Montana 59901.
Section 5. Form of Notice of Public. Hear
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 Hear'
The City Clerk is hereby authorized 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 OCTOBE,
TOO -
Pamela B. Kenne-ffyd-
ATTEST Mayor
Theresa White
City Clerk
0),
EXHIBIT A
FORM OF NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING
GIVING NOTICE OF A PUBLIC
HEARING ON A PROPOSED ORDINANCE ESTABLISHING A
TECHNOLOGY 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't Avenue East, Kalispell, Montana, for the purpose of holding a public hearing to
establish a Tax Increment Technology District known as the Old School Station Technology Tax
Increment District (the "Districf'), for the.purpose of the development of 'infrastructure to encourage
the location and retention of technology development projects in the State of Montana. The City is
authorized by Title 7, Chapter 15, Part 42, Montana Code Annotated (the "Acf'), to pass an
ordinance, following a public hearing, establishing the District to assist in financing necessary
industrial infrastructure to encourage the location and retention of technology development projects
in the State of Montana.
Copies of the proposed Ordinance (including a description of the boundaries of the 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 18, 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)
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