Tab 41 Resolution No. 5074CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I. 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 5074
entitled: "RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 344;
CREATING 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" (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 November 7, 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as required by law; and that the Resolution has not as of the date hereof been amended or repealed.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: Kari Gabriel, Bob Herron, Randy Koyon, Tim
Kluesner, Duane Larsm-Hank Olson, and._.Mayor Pamela B. Kenne - voted against the same: . Bob
Hafferman ; abstained from voting thereon: None or were absent: Jim Atkinson-.
WITNESS my hand and seal officially this 7th day of November, 2005.
Theresa White
City Clerk
RESOLUTION NO, 5074
RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 344; CREATING
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 CITYS SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND.
BE IT RESOLVED by the City Council of the City of Kalispell (the "City"), Montana, as
follows:
Section 1. Passage of Resolution of Intention. This Council, on October 3, 2005, adopted
Resolution No. 5063 (the "Resolution of Intention"), pursuant to which this Council declared its intention
to create a special improvement district, designated as Special Improvement District No. 344 of the City,
under Montana Code Annotated, Title 7,, Chapter 12, Parts 41 and 42, as amended, for the purpose of
financing costs of certain local improvements described generally therein (the "Improvements") and
paying costs incidental thereto, including costs associated with (i) the sale and the security of special
improvement district bonds drawn on the District (the "Bonds"), (ii) the creation and administration. of the
District, (iil*) the funding of a deposit to the.City's Special Improvement District Revolving Fund, and (iv)
the establishment of a reserve account securing the Bonds in the District fund.
Section 2. Notice and Public Hea * . Notice of passage of the Resolution of Intention was duly
published and mailed in all respects in accordance with law. On October 3, 2005, this Council called for
a public hearing on the creation of the District and the making of the Improvements. That public hearing
was conducted on November 7, 2005 at the first regular meeting of the Council following the expiration
of the period ended fifteen (15) days after the first date of publication (October 18, 2005) of the notice of
passage of the Resolution of Intention (the "Protest Period").
Section 3. Protests. As of the date hereof: Zero (0) protests were filed with the City Clerk by the
owners of property in the District subject to the Actual Area method of assessment for the cost of
Grading, Utility, and Surface Improvements (as defined in the Resolution of Intention) with the City
Clerk and not withdrawn by the owners of property in the District subject to the actual area method of
assessment for the cost of Grading and Utility Improvements (as defined in the Resolution of Intention).
Section 4. Creation of the District: Insufficiencv of Protests. The District is hereby created on the
terms and conditions set forth in, and otherwise in accordance with, the Resolution of Intention and this
Resolution. The findings and determinations made in the Resolution of Intention are hereby ratified and
confirmed.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 7TH DAY OF NOVEMBER, 2005.
ATTEST:
Theresa White
City Clerk
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EXRMIT A
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EXHIBIT B
DESCRIPTION OF SED 344 BOUNDARIES
The District is located just east of Highway 93 on Demersville Road approximately 1.9 miles south of
Four Corners intersection and directly east of the Rocky Cliff Road intersection and 'is legally described
as'.
Assessors Tract 2 or Parcel A of Certificate of Survey No. 16337 in the SW 1/4 of Section 33,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana