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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notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed.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 POO& o.— m" =9 In *UK EXRMIT A MAP OF SID 344 S"V;*m Ew of OLD SCHOOL STATION it V4,$ft-fiM B. r2M R21W. RM., M. f*OWW <awv, mom" I"". lob 40.v"== ............ W *DR,.a" wo"".k pt" Pxl,.Wjm Aw INFE0, 2 *AfMWqv*lMW WAM WTI IQ Awl;c N" LOT 11 wry LOT 6 l4w4wr LOT V 14 u7r 16 ms WAmr e 10t 14 LOT U Z43 Acm LOT is Ux Aft L074 !AA&( PV mw 11 41, WAM Wd ul wrl Noe* A-1 awWMMW—" swau jou 2 U" A.0" P" mpat 7=ft KIP AMM wr 3 7AB 04= 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