Resolution 4602 - Creating SID 3432223
CERTIFICATE 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 a
Resolution entitled: "RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT
NO.343; 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 meeting on March 5, 2001, 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not as of the date hereof been amended or repealed.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 fiurther certify that, upon vote being taken on the Resolution at said meeting,
the following Council members voted in favor thereof- William E. Boharski. Jim Atkinson,
Don Counsel], Dale Haarr. Randy Kenyon, Duane Larson Fred Leistiko. Doug Scarff and Ron
Van Natta ; voted against the same: none ; abstained from voting thereon: none; or were absent:
none .
_ 4
WITNESS my hand officially this day of March, 2001.
City Clerk
CORPORATE
SEAL
i
2 - 2 2 4 RESOLUTION NO.4602
RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO.
343; 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
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 January 22, 2001,
adopted Resolution No. 4596 (the "Resolution of Intention"), pursuant to which this Council
declared its intention to create a special improvement district, designated as Special Improvement
District No. 343 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 the sale and the security of special improvement district bonds drawn on the
District (the "Bonds', the creation and administration of the District, the funding of a deposit to
the City's Special Improvement District Revolving Fund, and the establishment of a reserve
account securing the Bonds in the District fund.
Section 2. Notice and Public Hearing. Notice of passage of the Resolution of Intention
was duly published and mailed in all respects in accordance with law. On February 20, 2001, this
Council conducted a public hearing on the creation of the District and the making of the
Improvements. That public hearing was conducted at the first regular meeting of the Council
following the expiration of the period ended 15 days after the first date of publication of the
notice of passage of the Resolution of Intention (the "Protest Period). At the regular meeting of
this Council held on February 20, 2001, this Council voted to continue the public hearing at its
next regular meeting, occurring on March 5, 2001.
Section 3. Protests. As of the date hereof, (i) two protests were filed with the City
Clerk and not withdrawn by the owners of property in the District subject to the frontage method
of assessment for the cost of Surface Improvements (as defined in the Resolution of Intention)
for S% of the total costs of the Surface Improvements; and (ii) no protests were filed 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; Insufficiency 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 protests against the creation of the District or the makin_ � of
the Improvements filed during the Protest Period and not withdrawn are hereby found to be I'11. —"—^
insufficient. The findings and determinations made in the Resolution of Intention are hereby
ratified and confirmed.
PASSED AND ADOPTED by the City Council of the City of Kalispell, Montana, this
5th day of March, 2001.
wr,.E.boharski .
1
1
Mayor
Attest: M