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SID 328/$300,000 Buffalo Head Sewer/Oct 1979DORSEY, WINIDHORST, HANNAFORD, WHITNEY & HALLADAY 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA S5402 TELE)C 29-060S CABLE: DOROW (6 12) 340 - 2600 146a W-FIRST NATIONAL BANK BUILDING ST. PAUL, MINNESOTA SSIOI tela) 227-8017 $300,000 Special Improvement District No. 328 Bonds City of Kalispell Flathead County, Montana We have examined certified copies of proceedings taken preliminary to and in the issuance by the City of Kalispell, Flat- head County, Montana, of its Special Improvement District No. 328 Bonds in the total principal amount of $300,000, dated and regis- tered as of July 1, 1979, maturing on January 1, 1999, and payable solely from its Special Improvement District No. 328 Fund. The bonds are 300 in number and numbered in order of their regis- tration from 1 through 300, each in the denoM4 nation of $1,000., The bonds bear interest from date of registration until paid in full or called for redemption at the rate of eight and seventy hundredths percent (8.70%) per annum. Interest is payable on the first day of January of each year, commencing January 1, 1980. Both principal and interest are payable at the office of the City Treasurer, in Kalispell, Montana. Interest on the bonds is to be paid by the City Treasurer from the Special Improvement District No. 328 Fund upon presentation of the coupons when due. Whenever there is any balance in said 'Lund after paying interest due on all bonds payable therefrom, the City Treasurer is required by law to call for payment and redemption at par outstanding bonds in an amount which, together with interest thereon to the date of redemption, will equal the amount of the fund on the redemption date, and notice of such redemption is to be given at least ten days before the date specified for redemption by notice published once in a newspaper published in the City, or, at the option of the City Treasurer, mailed to the holder or holders of such bonds if their addresses be known. Interest on any bond ceases to accrue on the date on which it is called for redemption. In our opinion the City of Kali -spell has validly created Special Improvement District No. 328 and provided for construction of various improvements of special benefit to that district, and has provided for -IChe assessment of the entire cost of the im-Drove- ments, estimated at $300,000, against each assessable lot or parcel of land within the district, which assessments are to be payable in equal, annual installments, with interest on the balance of the special assessments remaining unpaid; and the City has also validly established a Special improvement District Revolving Fund to secure the prompt payment of its speciall improvement district DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY $300,000 Special improvement District No. 328 Bonds -2- City of Kalispell, Flathead County, Montana bonds , 4 ncluding the bonds of this issue, and has undertaken L and agreed to issue orders annually authorizing loans or advances from that fund to the Special Improvement District No. 328 Fund in amountssufficient to make good any deficiency in such Special Improvement District No. 328 Fund, to the extent that the funds are available, and to provide funds for said Revolving Fund by annually making a tax levy or loan from its general fund in an amount sufficient for that purpose, subject to the limitation that no such tax levy or loan from the general fund may in any year exceed 5% of the principal amount of the C'ity's then outstanding special improvement district bonds; and said bonds do not constitute indebtedness of the City within the meaning of any constitutional or statutory limitation, but are valid and binding special obliga- tions of the City of Kalispell in accordance with their terms and the provisions of the Constitution and laws of -IL---he State of Montana now in force, including Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42. In our opinion, the bonds are not "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the Regulations relating thereto; and the interest to be paid on the bonds is not includible in gross income of the recipient for United States income -IL-.ax purpo�es or State of Montana individual income tax purposes, but the bonds are subject to taxation by the State of Montana as property, according to present federal and Montana laws, regulations, rulings and decisions. Dated at Minneapolis, Minnesota, October 12, 1979. 4 I N D E X M0711=1 PACE Minumes — Au57ust 9, 1978 - intention to Annex Buffalo Head -,*92 1-3 Mesolution #3191 - Intention to Annex 4-6 tes - Dc-�ober ir', 1978 - First Reading Ora. #900 and Approve Subdivision 7-10 Mam�lu:.'-Lon +_3201. - October !6, 1978 - Anprove Subdivision 11-12 M3�fliman e 1�900 - _Har-�h 19, 1979 - Second Reading 13-:15 ��,tition:f= S.I.I. 4328 16--�17 '-Y' urt - Intention to Create SID . Em '--,s - Earch 191 19710 18-21 Ma-s6-1-iLtion 43226 - 19, 1979-Intention to Create SID 22-23 lTb�.-ce -.of :rmtention to Create 2J,-25 Me=,tif-inz-fa of Notice to Property Owners 2,6 Jle�=: _71- 'Property Description 27 letter to Taily Thter Lake to Publish 2B giburtas - -XaY 7, 19710 - Public Hearing 29-33 1bndlu±,ian -+3237 - Creating SID #r328 34-35 3baad,lutLan 7#3238 - CP11 for Construction Bids 36 iemiluti,on #3239 - Providing for Sale of Bonds 37-3B IhAice, nf -Sqle of 'Bonds 39-40 Mettar -to Tally Inter Lake to Publish 41 Motxne 'nif Call for Bids 42-J4),, Mtetbtez- -bo IDaily 12ater- Lake to Publish 45 !LM-damit c-P Tublication - Notice of Intention to Create 46 _4=a,J'hNmt nf ?_LCblica+ion - Corstruction Bids 47 ATE �-_it of PLiblication - Sale of Bonds 48 .7-mirtes - J=e 28� 1979 - Open Bids 49-52 Mommittee 2e2)cxt 53 -4g3mment to _P,--rclhaze Bonds 5445 THE REGUIDAR t,1TD BTTDGET =LITG 01' I-ETT, KALI-SP=-L Cil�y COUNCIL WAS ELID AT 7:30 P. P1. W-URNESDAY AUGUST 9, 1978 L%T TIE COtRiCIL CEADIBE—PS AT CITY HJA�LL. HAPP PRESIDED. ALL COT_--.CIji,=qZ �FKIE PRESEDIT. APPROVE DIET= Councilman Williams moved that the minutes of the regular meetine, of July 7v 1978 be approved as presented. Seconded by Councilman Allen. Notion car-ried., -tly 3.4, 1978 be Council=--- O'Boyle moved -that the minutes of the special meeting of JL approved as presented. Seconded by Councilman Allen, Motion carried. Councilman Williams -moved that the minutes of the all -day budget meeting of July 17, 1978 be approved as -amended. Seconded by Councilman Allen. Motion carried. Councilr;� Grainger moved that the minutes of the regulax meeting of July 24, 1978 be approved as _presen-ted. Seconded by Councilman Allen. Motion carried. ADDRESSING TlE 'COTNCIL Councilman Savexud mepo-rtea that -the City Mavelopment Committee met on July l9th and August 2-na reg—a=--ling the request for a variance to build a Corner Pocket Store in Baker's Addition in the south parT, of the City -and allow them to serve beer and wine, Oa recommendation of the committee, Councihnnn Saverad moved to allow the variance request with the fall owing ztipulations: 1) The building be located on the SW corner of the lots; 2) All :�ngress and egress be on Airport Road with emergency exit only on lst Avenue lifest; 3) An adequate green belt (mot just grass) be established on the north, south and west sides; Q -All other city codes be met. Seconded by Councilman Grainger. Vic Baker, --resident of the area-, :stated that they still do not like the idea of late night traff1c and feel after.livingin -thej= homes for many years, they are being driven from them. Building insTectior Shoemaker ztated -that the area is an R5 zone and any business can come into th:_ arxeaand the City would be powerless to stop it. Qgestion ca2le:d- Uotlon ra=x_ie-d_ CREM r,-Z I =P=L,=0 - GOPK=rY I)EYVE LOP= 14M REDEVELORM14T Larry GallaE;heT, Professi-onq1 'PlonnaT for the Yalispell Development Association, .addressed the Council with a request to form a new department within the City, The department would consist of -a dj=eot=, assistant director and a secretary. All expenses would be raia from -an administrative fund from the HUD Grant. He said he feels conf ident that the City will -receive the grant. wora will come by October 31, 1978. The department will be needed 1nitially for 2 years and if other grants are approved it will be needed for a longer time.. Tdch Hadley, Chamber of Commerce, concurred with the request as did Mr. Henxy Good, Chai=an td- the KDA_ Mayor Happ aslaaa f= council action on the meque-st by August 14th. Councilman Allen moved to refer the -=eouast -to the City Devall opment Committee for recommendation at the August Seconded by Councilman Granmo. Notion carried. PUBLIC F�_P7G — iEV12110E Mayor Happ, announced that -revenue shamin-- funds -for Entitlement Period 10 is $230,000, an increase nf $a0,,_GOO o =_ -original anticipated payments. There was no Tublic -imput m�aZarding xevanue shaxing expenditures for the new fiscal year. CouncilT-..-,n 1�aley -.mov-ad that -the additionn-1 $80,000 revenue sharing payments be added 'to the City Eall -Revenue Shari g l3ndget. Beconded by Councilman Granmo. Councilman Griffin voted no. IlDti-on -a,,_TT-ri Pd. PUBLIC 1�1 =T T=S There was no julilic :imput as --Lo Expend-itux—as of antirecession funds for the new fiscal year. Councilman A-11en.moved that 14"DOO be budgeted for salaries and $3,000 be budgeted for supplies. Seconded by Council:= Daley. Plotion car-cierl. BUDGET Finar,ce Dix-ectar Zwaanscn �revduwed total amounts for the budget for the new fiscal year. FiraI figure fO2.' expenditures for 1978-79 is $8,999,503. The mill, levy w1l'! be 78.8 compared to 77.9 last year. Rich Hadley, Chamber of Commerce, asked the co-mncil to look to private entern--i-se for gnxbage removal 2nd street maintenance and building. He also asked why the light district assessment was so much higher. He was told that the power rate will be higher, more lights and replacement lights will cost the City this year. Budget Hearing was recessed until August l4th. ORDINANCE 11897 Councilman Griffin moved to enact Ordinance 1#897 an ordinance to extend the city lirnits'- to include Pack Addition -Iejgl. Seconded by Councilman Grainger. Roll call vote. All voted aye. RESOLUTION #3189 Councilman Griffin moved to adopt Resolution #3189 a resolution appmvin� as a subdivision, Pack Addition with the following stipulations: 1) Zoning.will be B-4; 2) 1001 Drainage Easement; 3) Water and sewer lines will be approved by -Une City and the State Board of Health; 4) a signed waiver of S,I.D. Storm Sewer. Seconded by Councilman Williams. Roll call vote. All voted aye. RESOLUTION #3190 Councilman Gz-anmo moved adoption of Resolution #3190 a resolution authorizing the assess- ment of storm sewer rates for 1978-79 as per Ordinance #862. Seconded by Councilman Men. Roll call vote. All voted aye. COMMITTEE REPORTS FINJUTCE Councilman Williams -reported that the claims for July have been reviewed by the finance committee and moved that all claim- approved be paid. Seconded by Councilman Sa-vexud. Motion carried. ANNEXATION r BESOLUTION # I'l an G -ff-- moved to adopt Resolution #3191 a resolution of intent to annex =fal. Head' nnexation #92. Seconded by Councilman Allen. Roll call vote. All voted aye. STREET & ALLEY Councilman Allen had no report. PARJIS Councilman Daley had no report. SAFETY Councilman O'Boyle reported that Asst. Chief Hellman and the Safety Committee have inspected the 2 new police cars, the specs have been met and the police c= accepted. Councilman O'Boyle moved that the two 1977 Chevrolet Chevrolet police cars 'be advertised for sale by sealed bids and opened at the September llth council meeting. Seconded by Councilman Griffin. Motion carried. BEALTH Councilman Saverud reported that he has been asked by Mayor Happ to serve on the County- wide Economic Development Committee which is a clearing house for EDA grants. 'The *ttee is chaired by Ed Wooster of Columbia Falls. Director of Public Works Kain is commi serving in an advisory capacity. Councilman Saverud reported that he has met with Board members of the Hockaday Art Center and the Flathead County Commissioners regarding an interlocal agreement to support the Center. The CbMmi2sioners are no longer interested in c'unership, but if the budget allows, will help with funding. W Councilman Saverud announced that there would be- a public hearing —on the MUD Tkva2it proposal in the council chambers at 7:30 P. M., Thursday, August 2-0, a.q,','a. SEEIM & WATER Councilman Granmo announced a meeting of the sewer & water committyae zzus a momni�ee- of the whole to discuss the proposed new sewer ordinance. The meeting 7:30 P- M. , Tuesday, August 15th. MESOIUTION #3192 Councilman Grarmo moved to adopt Resolution #3192 a resolution aulhox-lzlng3Mayor Rapp to sign Change Order 7'r-'l on the water well drilling project f=. ,a 2.6"' xm�a.� to 18 11 and extending the contract to August 31 1978. Seconded lyj Qaunadf2man 31dilqy, Boll call vote. All voted aye. C= 1=0HIE-210 RESOLUTION 6193 Councilman 'Williams moved to adopt Resolution #3193 a resolution =tbn2�1�"HEV= Happ to sign Chaanga- Order #F4, reinstating the sprinkling system f= -the w =-it ', nm y.hd:Ll jS ;qpp=oved by the sewer & water commit -Lee with power to act;. SecnnABA --:by Qauxn:� Graimgp=. Tioll caU -vote. Councilman Grainger voted -no. Reso3zrtAm mAmpdaE(d. Mayor Eapp asked for council confirmation of the a-P ointment of tto the posit -ion of City Clerk and Water Cashier. Councilman Daley =wzd thB sqppdirkbBeiit ,be confi-3ned. Seconded by Councilman Allen. Motion carried. =0CES - rpl i s-Dela Police Protective Association ,it,y Ittaxney'lonahue meported that a ruling from the Personnel _TjgxpEm2x mua3a Avid found the City innocent of all charges brought by the KPPA. WAGE CTNTRACT - YPPA Counci.1man I)aley moved that Mayor Happ be authorized to sign the movi mmn±3_-=!I Nz&th 'the IKPIPA. Be=nded by Councilman Griffin. Councilman Williams voted mm.. 2 otimn cmam:d�. Councilman *Williams -moved that City Attorney Donahue be al I owed Im igm tko Mmuoiija, August lith Tom the hearing on the case of City of Kalispell, -Idh±t:e Mul�hc= �SL=�_ amd 79. S. of America -vs Contractors of America. This case invoa-7--Z IL-e 3MA CGmamt ff= the new Ility Eal 1 .. Se=nded by Councilman Daley. Motion ca_—_:_-_-.d_ IIa_yt= Happ -read a 'letter from Jack Anderson, Police Chief in G-mr-eat 31a�, tHxa!L-xqgtU-_ Czunr-ill fur allouing Chief McDowell for helping them during the Hayor Happ me -ad a -letter from the Flathead County Commi ssionerss !Uxari� -'Lthe- CW#y OCLT 'Kn-I i -D-_1 I and the Ti:me le-partment for using their new ladder txack ±n =nIL%Ta=q� Mhi_r-- :pole iines atu the co=tho�se. 31imectom �of Tublic 11orks, Y-ain reported a letter from Plant Opeemat= M=nftn±ET,, aftaLt� ibe dizpposal plant has a -new record for the lowest BOD. At the xeque-st of -Police Chief McDowell, Councilman Daley moved aoT IPaUl Hahn, Uregury 33urns =a Kevin Appel as regular patrolman. Sec-omttad TIU Quiun:�i� G=anmo- lloticn carried- Cbunci-Ir-Tan Grainger -moved to recess until August 14th at 7:30 P. M. Ym tUIB-_ awurxiBl chambems.. �Secanded by Councilman Granmo. . Motion carried. Minute-s :approved a-- r-oxrected September 11, 1978. Norma B. Eapp, IhW.or A=ST�. I.Tax,'vjorie Giernann, City Clerk RESOLUTION NO. 3191 A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF KALISPELL, TO BE KNOWN AS BUFFALO HEAD ADDITION NO. 92 AND TO FIX THE DATE OF PUBLIC HEARING THEREON; TO PROVIDE FOR PUBLICA- ITION OF NOTICE OF SAID HEARING. WHEREAS, Stanley Pine of Buffalo Head Properties has made petition to the City of Kalispell for annexation to said City of certain territory to be known as Buffalo Head Addition No. 92; and WHEREAS, a preliminary plat thereof has been reviewed and considered in accord with the laws of the State of Montana and the subdivision regulations of the City of Kalispell by the Kalispell City -County Planning Board and said Board has, by coirmunication dated August 3, 1978 recommended that said petition be granted under certain conditions; and it appears that said conditions are or will be adequately satisfied, and that it is to the best interest of the City of Kalispell that said petition be granted, NOW THERE -FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: 1. It is the intention of the City of Kalispell that territory comprising Buffalo Read Addition No. 92 shall be annexed to the City of Kalispell and shall be classified No. RA-1 under the City of Kalispell Zoning Ordinance as adopted November 30, 1977. Said territory is more particularly described as follows: See Exhibit "A" attached hereto and bv this reference made a part hereof. 2. A public hearing on said petition for annexation will be held by the Kalispell City Council at its regular meeting held in the Council Chambers ?f the Kalispell City Hall commencing at 7:30 p.m. on the 2 �If day of October, 1978. 3. Tne City Clerk will forthwith prepare and publish in the Daily Inter Lake a daily newspaper published at Kalispell, Montana, proper notice of said public hearing. Said petitioner shall pay all costs of publication of said notice. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 9th DAY OF AUGUST, 1978. ATTEST: 4 "?" zf /-X'_1 4 t, � , - .. '� City Clerk NorMa E. Happ, Miy,6r 4z A t�ract of land situate, lying and being in Government Lot Three (3) of Section Six (6), Townsbip 28 North Range 21 West, P.M.M., Flathead County, Montana, and nore, particularly described as follows. Commencing at the Northeast corner of said Lot 3; thence. North 89*55' West and along the Northerly boundary of said Lot 3, 137.3 -feet to a Stone Monument, which is the South one-fourth N) cornet of Section 31, Townshiv 29 North, Range 21 West.; thence south 25049' West, 361-0 feet to the true point of beginning of the tract o land begin described; thence South 28044' West 429.1 feet to a point; thence ,South 65044' West 552.0 feet to a p9int on the easterly'boundary line of a County Road; thence North 3'11' West* and along the easterly boundary line of said County Road, 135.0 feet to a point; thence Worth 87'04' East, 134-3 feet to a point; thence Vorth 45012" East 134.3 feet to a point; thence South 88002' East, 165.5. feet to a point; thence N,o=th 3'32' East, 329.0 feet to a point; thence Svuth 680261 East 376-5 feet to a point, which is the point of beginning. A t-ract of land in Government Lots 3 and 4 of Section 6, Township 28 North, Ramge 21 Westi P-M.M., Flathead County, Montana, described as follows: Cca=encinq at the Northeast corner of Government Lot 3; thence South 89'46'West and along the Northerly boundary line of said Lot 3, 1121 feet to a point; thence South 3140' East, and along the centerline of a County Road, 576.4 feet to a point; thence ,vuth 86'201 West, 30.0 feet to the westerly boundary line of said County Road and the true point of beginning of the tract of land being described; thence Sv.nth 86*20' West, 175-0 feet to a �)oint; thence South 3'40' East, 125-0 feet to a point; thence North 86020' East, 275.0 feet to a point on the westerly boundary line of said County; thence Noxth. 3040' West 125.0 feet to the point of Beginning. All that portion of Government Lot' 3 lying Westerly of the center line of a County Road and all of Government ' Lot 4 of Section 6, Township 28 North, FamSe 21 West, M.P.M., Flathead County, Montana. EXCEPTING THEREFROM Pz=k View Terrace Addition No. 1 That certain tract of land conveyed to Jerry D. Reggen and Mary J. Gorton, t=ustee, under agreement by Warrantv Deed recorded April 16, 1973 under Reco-rder's Fee No. 3692 in Book 550, pace 746, recor�s of Flathead County, 19ontana, as follows.: A -tract of land in Government Lot 4 of Section 6, Township 28 North, Range 21 Ulest, M.P-M-, Flathead County, Montana more particularly described as follows: Reginning at the Southeast corner of Lot 12, Block 1 of Park View Terrace; thence North 89050' East along the South boundary of aforesaid Lot 4 a distance of 20 feet; thence North 0'10' West a distance of 95.31 feet; thence along the arc of a curve, of 227.60 foot radius concave to the Southeast a distance of 20.07 feet to the Northeast correr of -aforesaid Lot 12; thence South 0010' East a distance of 93-22 feet and along the East boundary of Lot 12 to the Point of Beginning. S__ EXCEPTING THEREFROM A tract of land * in Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West, 'M-P.M., Flathead County, Montana, more particularly describe as' follows: Commencing at the Northeast corner of Government Lot 3; thence - * South 89'46' West and along the Northerly boundary line of said Lot 3 a distance of 1121.0 feet to a point; thence. South 030401 East and along the center line of a County Road a distance of 576.4 feet to a point; thence South 860201 West a distance of.30-0 feet to the Westerly boundary line of said County Road and the true -point of beginning of the tract of land to be herein described; thence South 860201 West a distance of 275.0 feet to a point; thence South 03*40' East a distance of 125.0 feet to a point; thence North B6020' East a distance*of 275-0 feet to a point on the Westerly boundary line of said County Road; thence Vorth 03140' West a distance of 125.0 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM A parcel of land in I;ots 3 and 4, Section 6, Township 28 North, Range 21 West, P-M-M-, as shown on Certificate of Survey No. 3991, described as follows: Beg -inning at a 5/B" x 24" aluminum capped rebar stamped 2343S, which marks the Southeast corner of Lot 12, Block One, Park View Terrace, a subdivision of Flathead County; thence North D'20'00" West 153.37 feet along the East boundary of Park View Terrace to a 5/8x24" aluminum capped rebar stamped 2343S, which marks the Intersection of the East boundary of said Park View Terrace and �th,e South boundary of Lot 60 Park View Terrace Addition Number One; 7thence along a non tangent 167-60 foot radius curve to the left, who's center bears North 4`50'58" West through an arc of 9'38'15" a distance of 28.19 feet to a 5/8",x24" aluminum capped rebar stamped 2343S, which marks the Southeast corner of aforesaid Lot 60;thenc(-- North ID'34'00" West 32-00 feet along the East boundary of Park View Terrace Addition Number One t6 a 5/8"x24" aluminum capped rebar stainped 2343S; th-e-nce' North B305,0100" East 430.80 feet to a '5/8"x24" aluminum capped rebar stampe 2343S, which marks the intersection with the apparent West boundary vf Grandview Drive, a public road; thence South 3123'20" East along said apparent West boundary 189.74 feet ' to a 1 1/2 imch diameter bar, which marks the Northeast corner of that parc of 2and described on the Notice of Purchaser's Interest recorded in Book- 546, page 716, records of Flathead County in favor of John J_ Vlmoent and Bren6a L_ Vincent; thence I South Bq'50'00" West 341.87 feet along the North boundary of said Vinc:ents property to a 5/8 inch diameter bar which marks the Northwest corner o said property; thence South BD*34'26" West 127.14 feet to the Point of Beginning. I �Q 7 1 el � _L TIM RECU__rAR D=22ING Or THIS KALISPELL CITY COU:_,C-,_� T��'-S HELD AT 7:30 P. Yl- MONDAY, OCTOBER 16, 1978 IN THE COUNCIL CI-101BERS AT CITY HALL. L—nCH FAPP PEESIDED. A.LL COTUC=W=i ldn=P PRESENT. Mayor Happ welcomed Park Supt. Drent back from his vacation. He has missed only rMe council meeting in his five years of employment. APPROVE TMITUTES Councilman Saverud moved that the minutes of the regular meeting of October 2. 1978 be approved as presented. Seconded by Councilman O'Boyle. Motion car-xied. Councilman Willinm moved that the minutes of the special meeting of October 6, 2978 be approved as presented. Seconded by Councilman Daley. Motion carried. OFFICIALS R7PO'.1ZTS City Clerk for July. City Treasurer for August. Director of Public Works, City Judge and Police Chief for September. Councilman Daley moved that. the reports be accepted- Seconded by Councilman Alaen. Motion carried. ADDRESSING THE COUNCIL Dixie M. Gaschetdell Isle presented a petition signed 38 residents of the 7th A�� E. N. & Oregon Street area which read as follows: "We, the undersigned, being residents of the vicinity of Seventh Avenue E. N. zna Oregon Street wish to express our concern over the t=affic problem that emists an Seventh Avenue E. N. Because of the increasing amount of traffic ir-- to subdivisions and con t=-tion companies north of -the City, we feel the road is mat, adequate to handle such -la--ge -mounts of cars and large trucks. We also feel that removal -of the existing 4-w--y stop sign at Oregon & Seventh vould threaten the safety of our children as well as atha=� pedestrians and Motomists. Councilman Grainger moved to refer the petition ta the Street & Alley Committee to =efer to TAC. Seconded by Councilman Allen. Motion cazrted. Chris Hunter, Director of Flathead 208 Drainage Lasociation, addressed the connmi2 ==e=n- ing the appointment of a board member from the Gity- Mayor Happ appointed Council= Grainger to the Board, who accepted providing the dates of 'their meetings Tna :it _poss�e for him to attend. Karen Barbee addressed the council concerning tha dl_�al of a variance f= a real Estate office which now houses only an insurance office,. The variance was denied by the 1nard of Adjustment. The property is located on South 'Hair and Eighth Street West and Dwned by Garmen Meadows. Iris. Barbee asked what action the council has taken cancemnin the denial on. the request. City Attorney Donahue em-n'Taired the history of the situation -md stated that they are trying to find BOA records an the variance granted in 1970. Councilman Griffin stated that when new zones wit the City are approved, these variances will not be allowed after January 1, lc,7 ,9�, but there must be a xezanimg, COMMITTEE REPORTS CITY DEVELOP= Councilman Grainger reported that he has met with a� committee from the Chamber of Damme=e that is working on a sign ordinance for the City. It will be ready to present tm tbB Council in -the near future. EMPLO-f= Councilman Grainger had no report. SEWER & WAITR Councilman Granmo, had no report. I 7 2 Councilman Saverud stated -that the County Health Boaxd has taken action against one septic tank -installer. They have become very strict on new or remodeled spetic tank installation �and -require =iZld inspection. SAI= Councilman '0 1-Boyle -xe-po=' tea that he attended the Flathead CoLmtty Safety Council on October 9th. The Council unan:1-mously voted to recommend left turn lights for north and' south bound traffic on South 1.1ain and llth Street in Kalispell, and if this cannot be accomplished -that -left -turn,lan be established by striping. .A petition was -presented to the ]Council by Mr. and Mrs. Vaughn Gaschetdel I Isle of 460 "1 th Ave. �E. IT, , -signed by 34, mesidents of the area obijecting to the proposal to remove stop signs at 7th Avenue F_ N. at the intersection with Oregon Street. The ,Council -recommended -further --tudy of this area and that the petitioners remain active. Councilman _013oyle -read a.request that,Police Chief McDowell and Asst. Chief Hellman be -allar jed to -attend -the -Police Chiefs Annual Convention in YE sso-ula on November 2nd and 3rd. 'CounaLlman O'Boyle -moved that the request be allowed if the budget is sufficient. Seconded by Louncilman -Allen- Motion carried. rbuncilman D13oyle -read a Ilutter from the principal of Cornelius Hedges School request- -tng -that the-ze be !no -pa=king' zigns placed on Lth Avenue Dast in front of the school -to allow -persnns :and bimaez del±veming children more room. ftunci-Iman Uxainger moved -to :refex the request to the Saf et-1 Committee to report back _Mxv�ember 6th. �Secondyadfby �aounrilman Saverud. Motion carried. ,bn msque-st of �Asst. 11hief ]RED-1:man . Councilman 0 'Boyle moved that the police department be alllowed -to -purchase :a -tactical ;;I n-rm system under the crime prevention grant. Z=onded by -Gouncilman -Allen. 2-lotion carried. 'Douncilman 'O�Ioyle --stated that he wi.11 call a noon meeting of the Safety Committee on Vednasday, Dctabeex _18th -to Ai=uas a request to purchase a cax f or use by the detectives. Me xeque_�t :stated --that it war. mot feasible for 3 detec tives to operate with 1 vehicle. 'PAM 'Councilman -.Ddl-ey -asked -the =r=dd to adopt a resolution asking for BOR funds for the mrming -year �L= -the Lfall-owing -p=poses: 1) : Meridian Park: Relocate 1 ballfield, ' 1. , -purchasse :playground equ-ipment and improve tennis courts; 2) North- memove � allfi-610, =Idge -2ark: �InstaIl i-rrigation system, ballfield, re-st'rooms, -Dlayground equioment, .1 adscapinZ �and_impxove tennis r-ourts; 3) Sunset Park: Eallf ield, irrigation system, a)laygraund �aquipment, -benches, 1--sketball courts and land caping. Total estimated cost Is S3B,,,UM._Oa, -Uity�s --sham Is Z19,000.00. ZouncEbnan moved -tao _abrpt 33�esolution No - 3199 a Resolution on Acquisition or Mevelrnmen:t :for 'Outda= Ra��= under the Land and Yater Conservation Fund Program :in the m-munt :of Seconded by Councilman Griffin. Roll call vote. All -,voted �qye_ MURIST i=R ,(Coumilman Midley -mepartad that the information center and museum had not been open this T,ast mimm= �due -to -,bh-- -i-1 1-n of- Larry Stem, lessee. However, Mr. Stem feels now that �he -NiM h,- zahle -to mparate it mEzt year and will let us know definitely by January 1, a579.. EMMT �& i= Mlc�Rn --TJI-en =ep=te_d = lis meeting with the handicapped. They are trying to --a mw&-1 _ardinanae.. Ubgy 2xe satisfied with the parking assigned to them on the Est=eetz --and -,-asked -about -The Immsibility of obtaining one spot in off-street parking. ,y -,wi= ffa=Tiah.and stickers to the handicapped an7d also to organizations that mr_�poxt -hand:L—pped CLUTION -NO.. -3200 Dounciaman _'AIlen:moved -to adapt Resolution No. 3200 a Resolution to Authorize and Direct the Uhief of 'Police -and.Di-rectom- of Public Works to establish Faeventh Street as a throaigh "��toljll -utxeet,,and -to imztall appropriate signs therefor. Seconded by Councilman I Daley. Roll call vote. Counci-Iman -:vmted no. All oth,-= ,cteh ay,,-. Ra_- ��E adopted. ORDINANCE NO. 899 -54 Councilman Allen moved to enact OrdinancieTa. BOP� an ordinance to, amend� Siazt��_ T I- � Kalispell City Code, to provide for �zio -.parking on mortions of _Rlevanth- -,t—_at_-West an& So-uth Main Street. Seconded by Cou—ncilman Save=_a. poll cpj� vot�e... .&=oi, l' voted no. All others voted aye. 0--dinmn-cee -Pna t d. ANNM,TION FORDINANCE NO. 900 Councilman Griffin moved to enact Ordirn=e1%.. 10DO an Ordinance. ta Ektend7 tha, C:Lty- Limits to include Buffs I o Head Annexation f52 -with R-A-1 zoninE with, the- Z613�owing C3=ld- itions: 1) That all water and sewer --ystems he am -Droved by the- Stat-T_-- Da_-pamtmL-nt� ME Health and the City of Kalispell ; 2 ) -That -a -waiver of the rieft-t ta jrrotmast� car S= f';1= storm drains be presented to the City :of 1:0-IsDell ; 3) niat tkr--- limi-t- -the- units (91) within the existi-ng plan to ��gle _fa:-�-Iy detached and. row: ha�see uni:ta and� the design concept as submitted md an -= �Jr be establ fshed_ ixr- a_-=-rdanc3_- wi-th- the, new city ordinance; 4) That in aaditinn --to the covenants, condLtiona,. and- rea. �LL� submitted, the developer prepare for =aaard±ng Eomeo-vmers AseoajLat±=_ domanmant-M t= I= - vide for exterior maintenance of the :grounda, vDan 2-pace, st=ture�,. prkvatE�, mm9Lmza7s,, snow removal, garbage col-i ections, eta. -2hat the Eomeoioners Assac±at±on-_ bL= reB:vcns±2j_je for, but not limited to the above Inclibiing -_,:;andrin , paving, swaeping;, iMuuhin97,. sa:gn� ing, paxIcing, etc.; 5) The' the aeevm�-ma the City of T1LLT:_n-_= - , and1pa=t7- PaDZt7 to the covenants; 6) That the 3 a=eZdui=ch mite as designated an-_ tha- pr�_ asmimaml by covenant and dedication on the final I�Dmt; 7) That fire protecti-mr. far-n-1-J--tj ha instal led as required by the City of ZLE2±-spe2l:; B) That the p=tvata stre_r_�-. bE-- -o-"zjj to a 24 foot width; 9) That the City mf 1EalJ_spe2_1_ be held ha=f-aam- fb= damaW ti� tam-_ landscape by fire trucks and other city -vahlcl:as iauring the norm, -47 am=a- car- busixrasu-�;: 10) That the City will during ranalr -11nd mmdntmance of -Lmd&r_g=nund_,,ttiLJ_tibz,. bB�L mml compact 1 foot axou-nd pipes, backfIll mnd 3.�a-ava. -the final compaation-,. rapai- o�rfIan3T- scape and roads to the Homeoi�mers A_-soaj_-at1zn:; 111 ) That eazement= Ida- proviAed- :ffo-- maintenance and repa-ir of the -andaiggrouncl arU2itias; 12) ILE-at: thm- prkv-at-m st=aEEtm -fte part of the common axea for taxes assaus:ed -to thes homeowners; 13) Tha-_ ietta=r CLIff waiver for fire -orotection and garbage zollection be received by he� City.- o:L K prior to the City providing these se7,-v1=,; 24) That a vaxianncce- ba� to_� tha� street design standards of ta,- Subd±viamion R-agulation-s and City- al, a� 3: r Ec= 24 foot private roads and that the deaign �of i=te=ections and +a=jmg- =a:dizL-_ ozr- roadways be coordinated with the City iff TRalis-Pell' -Public Wor—k- Dframtm_- tbD equipment access; 15) That park. land zhe (dadi�ztea to the City of Xa�- -, 1�1'1 L =� -_hmnz on the preliminary plat, and� -16) That the 1-and =a section of tha. Gbvena:nta- aaer,�� state the number of dwelling units Rarmi-tted mn each lot ana whath= -dttamheffi- c-- dj�� as per the preliminary plat. Seconded by Councilman Gra— - �Rol-1 mall. Councilman Vj, VWb�Effi 3= and3 (Thifffffin All other councilmen voted --ye- Or-tinanoB ana=�tea. FEESOLUTION NO. 3201 Councilman Griffin moved to adopt meadiutlan Mo- 3201 a resalut±= tb, ammmovine ass m su5 division of the City, Buffalo Eaad -Addi-Linn Mo- 92. Seconded hy- QaunuL�Imzum Aaaarn., Haim call vote. Councilmen Wi=ams And V_r�iffTim -,vzted no. All athem vataffi ay�E-_. adopted. FINANCE RESOLUTION NO. 3202_� Councilman Williams moved to adopt 3202 a resz1wt±=. tbD a�a=vir m ttm�-ear among appropriations within a gene-Tal m��on of expen±ituxam- =- adirpteffi by., thl-_ City of Kalispell Budget far a977 �78 39'l 7,-Saar. Seconded b-F. QmmdJ2jm= A1111mr.. ffir= call vote. All voted aye. MISCELLANEOUS Mayor Eapp reported that the -Pub]-ic Se=vJ_=e Mrmnf ssion unanim=17 mavzapd tbD zedig#-, thm proposed sewer charge of 851,1� of the bill. Mayor Happ announced a meetimg -of the _ZFO Ztaff and the City Gonna= wt't Tf.-3 �)D LE W. October 17th to discuss and review the mew m=",n and propozei ahangeir.. BOARD Or ADJ-US"L'11= APPO=ER2 Councilman Allen moved to confirm the appointment of Al Miron by Mayor Rapp to a 3 year term on the BOA beginning October 16, 1978. Seconded by Councilman Grainger. Motion carried. Mayor Happ read a letter of resignation from David "Moosell Miller from the BOA effective November 13, 19'78� In his letter he stated that with the adoption of the new city code on zoning he will not be eligible to serve because of the residency requirement. 1,L-. Miller has just moved outside the city limits. Councilman William moved -that the resignation of Mr. Miller be accepted with regret. Seconded by Councilman Saverud. Motion carried. IICENIEEE & PERMIT BONDS Robert L. Mack dba Bob Flack Plumbing gas fitter Bond Robert L. Mack dba Bob Mack T-lumbing plumber Bond Councilman Allen moved that nil license and -Dermit bonds reviewed by City Attorney .Donahae be al)proved. Seconded by Councilman Daley. Motion carried. Councilman Allen.moved to adjourn. Seconded by Councilman Grainger. Motion carried. Mmutes aTprove-d as -presented November 6, 1978. lari O=e Gi-exmann, City Clerk Norma ?P, 144or J6 RESOLUTION NO. 3201 A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL, MONTANA, BUFFALO HEAD ADDITION NO. 92. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. That pursuant to the petition of The Bank of Columbia Falls, filed with the City Council of the City of Kalispell, and the submission to said Council by said petitioners of a plat reflecting the survey and designation of that territory within the City of Kalispell which said petitioners request be approved as a subdivision therein, and pursuant to those provisions of Chapter 38, Title 11, R.C.M. 1947, as amended, that are applicable thereto and the duly adopted and enforced subdivision regulations of "he City of Kalispell, the Council and Mayor do hereby approve that said territory shall become and be a subdivision of the City of Kalispell to be known as: BUFFALO READ ADDITION NO. 92 SECTION 2. The City Council, in considering this request, has found from the preliminary plat and evidence relating thereto, that said subdivision is in the public interest, and in making such finding, the Council has considred and weighed: (a) basis of need for the subdivision; (b) expressed public opinion; (c) effects on agriculture; (d) effects on local services; (e) effects on taxation; (f) effects on wildlife habitat, and (h) effects on the public health and safety. SECTION 3. As a condition of said approval, however, petitioner must agree to the following terms and conditions: (a) That all water and sewer systems be approved by the State Department of Health and the City of Kalispell; (b) That a waiver of the right to protest an SID for storm drains be presented to the City of Kalispell; (c) That the developer limit the units (91) within the existing plan to single family detached and row house units and the design concept as submitted and an RA-1 zoning be estab- lished in accordance with the new city ord 4 nance; (d) That in addition to the covenants, conditions, and restrictions submitted, the developer prepare for recording Homeowners Association docu- ments to provide for exterior maintenance of the grounds, open space, structures, private roadways, now removal, garbage collec- tions, etc.; that the Homeowners Association be responsible for, but not limited to the above, including sanding, paving, sweeping, flushing, signing, parking, etc.; (e) That the developer make the City of Kali -spell part and party to the covenants; (f) That the three acre church site as designated on 'the plat be assured by covenant and dedication on the final plat; (g) That fire pro- tection facilities be installed as required by the City of Kalis- pell; (h) That the Drivate streets be paved to a 24-foot width; (i) That the City of Kalispell be held harmless for damage to the landscape by fire trucks and other city vehicles during the normal course of business-; (j) That the City will, during repair and maintenance of underground utilities, bed and compact one foot around pipes, backfill and the final compaction, repair of land- scape and roads to be done by the Homeowners Association; (k) That easements be provided for maintenance and repair of the underground utilities; (1) That the private streets be part of the common area for taxes assessed to the homeowners; (m) That letters of waiver for fire protection and garbage collection I I j be received by the City of Kalispell prior to the City providing these services; (n) That a variance be granted to the street design standards of the Subdivision Regulations and City stan- dards to allow for 24-foot private roads and that the design of intersections and turning radius on private roadways be coordinated with the City of Kalispell Public Works Director to facilitate equipment access; (o) That park land be dedicated to the City of Kalispell as shown on the preliminary plat; and, (p) That the land use section of 'the Covenants specifically state the number of dwelling units permitted on each lot and whether attached or detached as per the preliminary plat. SECTION 4. Upon preparation of a final plat in accord with the foregoing conditions, and upon approval thereof as provided by law and proper filing thereof in the office of the Flathead County Clerk and Recorder, said territory shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAY OF THE CITY OF KALISPELL, MONTANA, THIS 16th DAY OF OCTOBER 1978- 1:09 0 _Z M�_4 f, - Norma E. Happ, i4a�yor A=x,ST: City Cldrk ORDINANCE NO. 900 AN ORDI14ANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REALTY TO BE KNOWN AS BUFFALO HEAD ADDITION NO. 92 WITNESSETH: WHEREAS, by petition of the Bank of Columbia Falls, resident freeholder of more.than 51% of the certain real property situated outside the boundary of the City of Kalis- pell, but contiguous thereto, the Ci:ty of Kalispell was, on June 7, 1978, requested to adopt a Resolution of Intention to consider annexation of said realty to the City of Kalispell; said realty being more particularly described in Exhibit "A" attached hereto which, by this reierence, is made a part hereof; and WH EREAS, the City Council in response to said petition did, on August 9, 1978, adopt Resolution No. 3191 to consider the annexation of said realty, to be known as Buffalo �ead Addition No. 92; and, pursuant thereto, the City Council did set a public hearing to be held on said petition, and due and proper notice of said public hearing was given by the City Clerk; and WHEREAS, said public hearing was duly held by the City Council pursuant to said notice at its regular meeting on October 2. 1978; and, at such public hearing, the City Council, after consideration of the report made and filed as required by Section 7-2-4731, MCA, and hearing all evidence presented on said petition, did find that all standards for annexation, set out in Section 7-2-4734, MCA, were met and duly considered; and WHEREAS, the City does intend to provide all services to said realty being annexed as are set forth in the report made to and filed with the City Clerk as required by Section 7-2-4731, MCA; and WHEREAS, the effective date of said annexation should be the date that the City Clerk does, pursuant to order of the Council, file with the Flathead County Clerk and Recorder, a copy of the record as entered on the minutes of the council of these proceedings; and I WHEREAS, pursuant to Section 6.71(A), of the City of Kalispell Zoning Ordinance, as adopted November 30, 1977f the proper zoning district classification to be applied to such annexed territory.is: Residential Apartment (RA-1). NOW THEREFORE, BE IT ORDAINED THAT: 1. The real property as is more particularly described in Exhibit "A" attached hereto, shall be annexed to the City of Kalispell and -the boundary of the City is altered to so provide; and 2. If, within twenty (20) days of the 2nd day of October, 1978, said date being the date of the public hearing'held by the City Council on the Petition to Annex and as a result of Resolution No. 3191, there are not received by the City Clerk expressions of disapproval of this annexation made in writing by a majority of the resident freeholders of said area to be annexed, the City Clerk is directed to then make and certify, under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City, and forthwith file said document with the Flathead County Clerk and Recorder; and 3. From and after the date of said filing of said document as prepared by the City Clerk, said annexed territory is a part of the City of Kalispell and said territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. 4. All of said realty so annexed to the City shall be a Residential Apartment (RA-1) under the City of Kalispell Zoning Ordinance as adopted November 30, 1977. FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 19th DAY OF MARCH,. 1979. P01942&w Norma E. Happ, Ma�,ot ,,-/ e"', Rarjor'e Giermann, City Clerk — 2 — -6-t�7A, portions of Government Lots 3 and 4 of Section 6, Township '28 North, Range 21 West, M.P.M., Flathead County, Montana, describa-d as.follows: Commencing at the South Quarter C6rne�r of Section 31, Township 29 North, Range 21 West, M.P.M., Flathead County, MontanaZ thence South 88' 38' 58" West a distance of 1007.47 feet to the Point of Beginning which point is on the South line of Grandview Drive, a County Road; thence along the South line of the road North 89* 381 44" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 360 221 00" Wast a distance of 271.21 feet (South 360 221 00� West 272.01 feet record); thence South 530 281 47" East a distance of 311.51 feet (South 53* 381 Go' East 312.00 feet record); thence South 34' 451 32" East a distance of 229.84 feet (South 34* 56' 00" East 230.00 feet xecord); thence ,South 090 451 29" East a distance of 232.11 feet (South 09* 561 00� East 231.95 feet record); thence South 00*.24' 13" East (South 00' 341 00" East record) a distance of 31.24 feat; thence South 000 551 43" East (South 00' 341 00" East record) a distance of 124.22 feet; thence South 890 53' 02" East a distance of 426-35 feet to the West line of Grandview Drive; thence along the West line of the road North 020 51' 44" West a distance of 1132.42 feet to the Point of Beginn ing. hm A tract of land in Government Lot 3 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follmxs= Commen,.:inc at the South Quarter corner of Section 31, Township 29 North Range 21 Ulest, M.P.M-, Flathead County, Montai.a; them-ZE: South 250 23' 46" West a distance of 359.94 feet (South 25* 49' W�_-st 361.00 feet record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765, records of Flathead County, Montana; thence along the West and North lines of said parcel South 28' 44' 00" West a distance of 429.10 feet South 850 441 00" West a distance of 552-05 feet -to the East line of Grandview Drive; thence along the East line of the read North 020 511 47" West a distance of 135-71 feet to the Souther) v line of that parcel described in instrument recorded in Book 439 Dag�zL_ 594, of Y'lathead Coi.-nt-, t:.e and 1'a.3t zi—el the foll()wil.ki -)Uls�-S. No�th '860 42; 25" E:a*st (�orth 87' 04' 00" East r�!cord), a of 132.04 f�,_t; th�n,.:,� North 450 06' 44" East a distai-c� of 135.35 feet (North 450 12' 00' East 134.30 feet record); thence South 870 251 37" East a distanc,.� of 164-01 feet (South 800 02' 00" East 165.50 feat record); th�zn;ce North 040 041 29" East (North 030 321 00" East record) a dist-arce of* 329.00 feet and South 671 491 24" East (South 680 26' 00" East record) a distarce of 376.50 feet to the Point of Beginnirg. PETITION TO CREATE SPECIAL IMPROVEMENT DISTRICT IN CITY OF KALISPELL, MONTANA -UNDER THE PROVISIONS OF SECTION 11-2200 R.C.M. 1947 WE, the undersigned, owners of real pronerty in the area described �be_low, do by this instrument petition the City of Kalispell, to adopt a r-eso-lution of intention to create a Special Improvement District and to perform such other actions as prescribed by law for that area de- s.cribed below, for the purposes of designing and c6nstructing a sani- -tary sewer collection system, water distributikn system, and streets ther-eupon, more particularly described below. I.. The ar-ea of the said Special Improvement District shall -Th-o-s.e �port_ion.s of Government Lots 3 and 4, Section 6, Township 28 North, Manqe -2-1 I -lest, Flathead County, Montana, described as follows: ,rnamencing at the South 34- corner of Sect -ion 6; thence South 88 0 38' 58" ,West 20'0-7.47 feet to the Point of Beginning, which point is on the S-outh line of Grandview Drive, a County Road; thence along the South 3.±ne of the Road North 89 0 38' 44" West 631.95 feeti thense South 157.26 f--e�; -thence South 36 0 22' 57" West 271.21 feet (South 36 22' 00" West 2-7-2..'O-1 feet Record); thence South 53 0 28' 47" East 311.51 feet (South 53 a 3.8' 00" East 312.00 feet Record) ; thence South 34 0 45' 32" East 2'2-9.84 -feet (South 34 0 56' 00" East 23g.00 feet Record); thence South 0 1)9 -4,51 29" Ean 232.11 feet (South 09 0 56' 00" East 231.95 feet Record); thence -South 00 0 24' 13" East (Soutn 00 0 3A* 00" East Record) 31.24 feet; t-hen-ce South 00 0 55' 43" East (South 00 'W 00" East Record) 124.22 feet; -thence South 89 53' 02" East 426.35 feet to the West line of Grandview :Dr±ve; -thence along the West line of the Road North 02 0 511 47" West T132-42 feet to the Point of Beginning; 'TD=HER WITH that portion of Government Lot 3, Section 6, Township 28 2\'Dx�th,, Range 21 West, Flathead County, Mon-tana, described as follows: Zi�nc±ng -at the South �, of Section 3-1, Township 29 North, Range 21 '�Wa-st., -thence South 25 0 23' 46" West 359-94 feet (South 25 0 49" West 3,L'I..'00 feet Record) to the Point of Beginning, which point is on the ,W-est :line of that Parcel described in instrument recorded in Book 457, T-a-ge -765, -records of Flathead County; thence along the West and North 1--i ne-s -of said Parcel South 23 0 441 00" West 429.10 feet and South 85 0 -44" 'OD" West 532.05 feet to the East line of Grandview Drive, a County Rccad; thence along the East line of the Road North 02 0 51' 47" West 11-3-7-1 feet to the Southerly line of that Parcel described in instrument �ezo_rded ±n Book 439, Page 594, records of Flathead County; thence along t-he South and East lines of said Parcel the following courses: North ]8`6 0 42' 25" East (North 87 0 04' 00" Ea8t Record) 132.04 feet, North -45 0 0.6" 44" East 135.35 feet (North 45 12' 80" East 134.30 feet Record), _,'Rou�th E-To 25' 37" East 164.01 feet (South 0 BE 021 00" East 165.50 feet -Record), North 040 04' 29" East (North 03 321 00" East Record) 329.00 fzet and South 67 0 491 24" East (South 69 0 261 00" East Record) 376.50 -feet -to the Point of Beginning, containing as a whole 19.342 acres of :laand.. ,A;z shawn �on the accompanying Exhibit "A". 2. General intent: To develope engineering plans and to con- struct a sewage collection system, water distribution system, and streets to serve the Special Improvement District. 3. Cost of Improvements: The estimated cost of improvements is $300,000. . 4. Engineer in Charge: The firm of Thomas, Dean and Hoskins, Inc., of Great Falls, Montana, shall plan design, inspect, and recommend accept- ance of the proposed system. SIGNED.-� E c. Lc� X4 Pres! e t REPRESENTING: BANK OF COLUMBIA FALLS DATE: March 16, 1979 ATTEST: ,�X .0./vice President DATE: March 16, 1979 -1�4czk, port -ions of Go--.�rnmz�nt Lots 3 and 4 of Ser!tion 6, Township 28 North, Range 21 4 t, M,P.M., Flathaad Coun( , Montana, described as follows: Conlill,c1n,A11Cj at the SOLIth Quarter Corner of section 31, Township 29 North, Range 21 M.P.m., Fla-thead County, Montana; thence South 88' 38' 58" West a distance Of 1007-47 f�,et to the Point of Becjjjj:ij--g �qtLich point is on the South line of Grandview Drive, a County Road; thance along the South line of the road North 890 381 44" West a distance of 631-95 feet; thende South a distance of 157.26 feet; thence South 360 221 001, IWTast a distance of 271-21 feet (South 360 221 001t West 272.01 feet record); thence South 530 28' 47" East a distance of 311-51 feet (South 53' 38' 0011 East 312.00 feet record); thence South 340 451 32" East a distance of 229.84 feet (South 34* 561 00" East 230.00 feet razord); thence .South 090 451 29" East a distance of 232-11 fez�t (South 090 561 0011 East 231.95 feet record); thence South 000-241 13" East (South 00* 341 00" East record) a distance of 31.24 feet; thence South 000 55' 4311 East (South 000 34' 00*1 East record) a distance of 124.22 feet; thence South 890 531 02" East a distance of 426-35 feet to the Wast line of Grandview Drive; thence along thi-- Wast line of the road \;�orth 020 51' 44" West a distance of 1132.42 feet to the Point of Baginn ing. AN D A tract of land in Government Lot 3 of Section 6, Township 28 North, Range 21 Wast, M.P.M., Flathead County, Montazia, described as follows: Cormmencinc, at the South Quart�-r �orn.�r of S�-ction 3 1, Township 29 North Range 21 West, M.P.M., Flathead County, Montai;a; thence South 250 23' 46" West a distance of 359.94 f,�:et (South 250 49" 1-7--st. 361.00 feet record) to the Point of B-!ginnimg, which point is on the west line of that parcel dascribizd in instrument recorded in Book 457 page 765, records of Flathzad County, Montana; thence along the West and North lines of said parcel South 280 44"00" West a distance of 429.10 feet South 850 441 0011 West a distance of 552.05 feet to the East line of Grandview Drive; thence along the East line of the road North 020 511 4711 'Wast a distance of 135.71 fee-!-- to the Southerly line of that parcel described in instrument recorded in Book 439 ;Dag,:�- 594, of ---'3-athea,2 Co-unt-, Z7.cr.r: ..a ane East 0- ;7ar" -11 the '011owil-tf Nlo�tli 8�6- -12� 25"' East (;�orth 870 041 00" iLast r,!cord) a distar.,;, of 132.04 f�,-t; th,n,:,� North 450 06' 44" East a distanc� of 135.35 f�--et (North 450 1.21 0011 East 134.30 feet record); th,=nc�: South 87* 25' 37" East a distanc.,�: of 164-01 feet (South 880 02' 00" East 165.50 feet record); thei-ce -North 040 04' 29" East (North 030 321 00" East r�--cord) a distance of' 329.00 feet and South 670 491 24" East (South 681 '261 OD" East record) a distance of 376.50 feet to th�- Poirt of Beginnirg. THE REGULAR MEETING OF THE � TSPEL CITY COUNCIL WAS HELD f 7:30 P.M. MONDAY, MARCH 19, 1979 in THE COUNCIL Ch. -�ERS AT CITY HALL. MAYOR HAIPP ESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of February 19, 1979 be approved as presented. Seconded by Councilman Williams. Motion carried. Councilman Daley moved that the minutes of the regular meeting of March 5, 1979 be approved as presented. Seconded by Councilman O'Boyle. Motion carried. CITY OFFICIALS REPORTS City Clerk for December 1973 and January 1979. City Treasurer for January 1979. Director of Public Works, Police Chief and City Judge for February. Councilman Saverud.moved that city officials reports be accepted. Seconded by Councilman Daley. Motion carried. PUBLIC HEARING — Ordinance :. tb'�extend zoning to October 1, 1979. Mayor Happ asked for discussion from proponents or opponents to the extension of time when all property within the City shall be zoned in accordance with the new zoning ordinance. Councilman Griffin explained that it has taken a great deal of time to ascertain zoning for all the areas, and public hearings take more time. There were no opponents to the ordinance. ORDINANCE #915 Having heard the second reading, Councilman Griffin moved to enact Ordinance #915 an ordinance to amend Ordinance #902 to extend to October 1, 1979 when all property within the city shall be zoned in accord therewith. Seconded by Councilman Daley. Roll call -vote. All voted aye. ADDRESSING THE COUNCIL Mayor Happ called three times for anyone wishing to address the council. No one responded. TINANCE Councilman Williams had no report. ANNEXATION IMSOLUTION #3225 Councilman Griffin moved adoption of Resolution #3225 a -resolution to approve Hal - I- Reaubdivision #98. Seconded by Councilman Granmo. Roll call vote. All voted aye. Councilman Griffin moved the first reading of an ordinance to establish A, B, D-� & G Zones in certain areas within the City of Kalispell. Seconded by Councilman Daley. 'Roll call vote. All voted aye. Councilman Griffin announced a Public hearing at 7:30 P.M., March 28, 1979 in the Community Room of Courthouse East Annex on establishing zoning for 0, P, & Q areas. I)EVELOPERS DIVERMIED PROPOSED AGREEMENT ,Councilman Griffin announced that the annexation committee have reviewed the proposed agreement for I)evelopers Diversified and have agreed to have this area as well as the entire Buffalo Hill area referred to the City County Planning Board for public hearing. *This 'hearing will be scheduled for early April. Developers Diversified have been so motif ied. -DRDINANCE -900 Having heard the second reading, Councilman Griffin moved to enact Ordinance #899 an ordinance to extend the city limits to, include Buffalo Head Annexation #82. Seconded by'Councilman Gr-anmo. Roll call vote. All voted aye. ZI I 'd - RESOLUTION NO. 3226 L Councilman Griffin moved to adopt Resolution No. 3226 a resolution.of intention to create S.I.D'. #323 in Buf falo'llead Addition # 92 at a cost of $300,000. The petition requests that Thomas, Dean & Hoskins, Engineers be retained for engineering services Seconded by Councilman Granmo. Roll call vote. All voted aye. Councilman Griffin announced a work session for t.he City County Planning Board and Zoning Commission at 7:30 P.11., Harch 1-0, 15719 in the Council Chambers for the purpose of discussing zoning for sections H, 1, J (5 & 11) which is everything north of Idaho St. RESOLUTION NO. 3227 Councilman Allen moved to adopt Resolution 'No. 3227 a resolution authorizing the Mayor to sign a "Memo of Understanding" between the City and the State Highway Dept. for reconstruction of Idaho Street. Seconded by Councilman Grainger. Roll call.vote. All voted aye. Councilman Allen announced that he should have an ordinance on handicap parking ready for the first reading at the next regular meeting. On request of several property owners, Councilman Allen moved ' to enforce one-way traffic going north in the alley from secaad street to third on Ist Avenue East. (Alley behind the Library). Seconded by Councilman O'Boyle. Motion carried. Councilman Allen moved that council approval be' given for the Director of Public Works and Police Chief to install parking meters and a traf f ic pattern on lst Avenue East from Center to Main. (Around Depot Park North side). Seconded by Councilman O'Boyle. Motion carried. TAC will meet at the Highway Department: at 9:30 A.M., March 20, 1979. Director of Public Works Kain reported that they are still trying to determine the cause of the cave in on Sherry Lane. It has been determined that it is not 1 water or sewer problem. it could be the run-off through the silt has'been washing underneath to cause the damage. The State is doing core drilling on Woodland Avenue to determine the cave-in damage in that area. CAIMLING Councilman Daley announced that the'gamb�liu& committee has approved a dealers license for Jason Bradley Robey. PARKS Councilman Daley stated that a City-Count-7 Recreation program will be discussed further at the Tri-City 14eeting this month. The three Tri-Cities, with approximately 35% of the population are paying 80% of the Parks and Recreation Budget; while the County, with approximately 70% of the population is paying 20% of all county Parks and Recrea- .tion Budgets. Flathead County receives several large payments from Federal, local, and Forest Service above their regular mill budgets. We feel this should be considered when making up the County budget and therehy. increase the County Parks and Recreation Budget. SAFETY ORDINANCE #917 Having heard the second reading, Councilman G'Boyle moved enactment of Ordinance #917 an ordinance to amend the Kalispell City Codes regarding alcoholic beverages or to whom alcoholic beverages may be said, given or furnished from eighteen to nineteen years of age. Seconded by Councilman Grainger. Roll call vote. All voted aye. ORDINANCE 11918 Having heard the second reading, Councilman O'Boyle moved enactment of Ordinance #918 an ordinance to amend Section 17-23(a) of the Kalispell City Code to prohibit driving a motor vehicle while under the influence of intoxicating liquor or drugs in the City. Seconded by Councilman Grainger. Rall call vote. All voted aye. CITY DEVELOPI-1ENT Councilman Saverud moved that Mayor Happ-be authorized to sig n an agreement between First Federal Savings 6 Loan Association ol Kalispell and the City of Kalispell. The parties desire to achieve maximum- benefit from the use of Community Development Block Grant funds 'avail able to the City th.rouE;h leveraging of these funds with funds made available by the leRder. Seconded by Councilman Williams. Motion carried. o 'Councilman Saverud moved at Mayor Happ be authorized to -&n a contract with Larry Gallagher as a consultant on the Elrod Neighborhood Development Project (HUD) at the rate of $35-00 per hour. Seconded by Councilman O'Boyle. Motion carried.. RESOLUTION #3228 Councilman Saverud moved to adopt Resolution #3228 a resolution to alter the boundaries of the City Special Lighting District. Seconded by Councilman Williams. Roll call vote. All voted aye. RESOLUTION #3229 - Councilman Saverud moved to adopt Resolution #3229 a resolution to alter the boundaries of the Oil Sprinkling District #2. Seconded by Councilman William . Roll call vote. All voted aye.. SEWER & WATER Councilman Granmo reported that the Committee will be meeting a representative of Wright —McLaughlin and a representative of a land injecti6n application equipment firm about various methods of dealing with the sludge problem. The engineers have determined that the slud"e is not being mixed evenly before being dispensed and have come up with an idea to inject air into the sludge to take care of this problem. The cost would be approximately �3500.00. It could have a good effect on the odor Problem. Councilman Granmo moved that the sewer'& water committee be given power to act on the decision to inject air into the sludge. Seconded by Councilman Saverud. Notion carried. Doug Daniels reported on the water well. Liberty Drilling is installing the pump today. Lyford Plumbing is starting tomorrow on their schedule and Ross Construction will begin work on the pump house on April lst and will be completed by May 15th. By June Ist all clean up work will be done and the project finished. All supplies are on hand. It will have to be'decided whether or not to install auxiliary electric heat and whether to insulate the building. INSURANCE Councilman Grainger reported that all insurance policies have been reviewed by Gwen Biggar, Flathead Insurance Consultant, and himself. Some things have been deleted and others added. There is liability coverage on everything. Councilman Grainger reported that our insurance rating is very good and will be better when the move is made into the new building. Asst. Fire Chief Larson stated that one of the main things that helps insurance ratings is 'training'. This will be accomplished when they move. A movie company is planning to shoot some scenes in the Conrad Mansion and will provide a certificate of insurance to cover any kind of damage that might occur. MISCELLANEOUS At the request of Mayor Happ, Councilman Saverud moved approval of the appointment of Laura Steele to replace Mary Rooney on the Parking Commission. Seconded by Councilman Allen. Carried. Mayor Happ expressed her thanks to Mary Rooney for her effort and contribution to the commission during the year she served. Mayor Happ announced that she and members of the council have been invited to the Air Base reception to be held at the Elks Club from 7 to 9 P.M. 'on April 2, 1979. This being regular council meeting time, the council agreed to begin their meeting at 6:30 P.M. and attend the reception after. Mayor Happ reported on her trip to Helena last Friday and her efforts to gain enough support to pass the Forest Service Land Bill. Mr. Bill Wheeler also was in Helena for the same reason. Mayor Happ. stated that she presented the plea for the cities and representatives of counties followed with their arguments to retain all of the forest service monies. The bill was killed in committee, but enough support was gained to reintroduce it on the floor. Mayor Happ asked everyone who could, to call their representatives in support of the bill. 4V) Councilman Allen moved to adjourn. Seconded by Councilman Saverud. Motion carried. Minutes approved as presented April 2, 1979- Norma E. Happ, M6yor ATTEST: maY brie Giermafin, City Clerk RESOLUTION NO. 5_Z Z L A RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 328. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. That it is the intention of the City Council of the City of Kalispell, Montana, to create Special Improvement District No. 328 for the following described property, except public streets and public park -land therein, attached hereto as Exhibit "A" and by "his reference made a part hereof. SECTION 2. That the general character of the improvements to be made in said proposed Special Improvement District is designing and constructing a sanitary sewer collection system, water distribution system, and streets thereupon. SECTION 3. That the estimated cost of said improvements is $300,000.00. SECTION 4. That the entire cost and expense of said improve- ments shall be assessed against each lot within the district to be assessed for that part of the whole cost which its area bears to the area of the entire district. SECTION 5. That said assessment shall be paid for in full upon completion of the contract, or shall be paid in 20 equal installments, hereby extended over a period of 20 years. Said assessment shall constitute a fund to be known as Special Improve� ment District No. 328. SECTION 6. That said improvements shall be paid for in Special Improvement District Warrants issued against said district in sums not to exceed. $1,000.00 each, bearing interest at a rate that is no greater than allowed by the laws of the State of Mont- ana from the date of registration until called for redemption or paid in full. SECTION 7. That on the Va2` day of 1979, at 7:30, p.m., in the Council Chambers of the City Hall�in the City of Kalispell, Montana, at a regular meeting thereof, the City Council will hear and pass on any protests that may be made against the making of said improvements or the creation of said district. SECTION 8. The City Clerk is hereby authorized and directed to give the proper notice of the passage of this resolution by publication and mailing as required by law, such publication to be made in a daily newspaper and/or a weekly newspaper published in the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS 19 DAY OF March 19 79 WZI-1-1,�IJ V60 Mayor ATTEST: / / ( City Cle EXHIBIT "A" Those portions of Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West, M.P.M.,, Flathead County, Montana, described as follows: Commencing at the South Quarter Corner of Section 31, Town- ship 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 8803815811 West a distance of 1007.47 feet to the Point of Beginning which point is on the South line of Grandview Drive, a county road; thence along the South line of the road North 89038144" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 36022100" West a distance of 271.21'feet (South"360 22100" West 272.01 feet record); thence South 5302814711 East a distance of 311.51 feet (South 530 38100" East 312.00 feet record); thence South 34045'32" East a distance of 229.84 feet (South 340 56100" East-230.00 feet record); thence South 09045'29" East a distance of 232.11 feet (South 090 56100" East 231.95 feet record); thence South 00'24'13" East (South 00034'00" East record) a distance of 31.24 feet; thence South 00155'43" East (South 00'34'00" East record) a distance of 124.22 feet; thence South 89053'02" East a distance of 426.35 feet to -the West line of Grandview Drive; thence along the West line of the road North 0205114711 West a distance of 1132.42 feet to the Point of Beginning. AND A tract of land in Government Lot 3 of Secti on 6, Town- ship 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter corner of Section 31, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 25023146" West a distance of 359.94 feet (South 250 49" West 361.00 feet record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765, records of Flathead County, Montana; thence along the West and North lines of said parcel South 28044'00" West a distance of 429.10 feet South 85044'00" West a distance of 552.05 feet to the East line of Grandview Drive; thence along the East line of the road North 02151'47" West a distance of 135.71 feet to the South- erly line of that parcel described in instrument recorded in Book 439 page 594, records of Flathead County, Montana, thence along the South and East lines of said parcel the following courses: North 86042'25" East (North 87004'00" East record) a distance of 132.04 feet; thence North 45'06'44" East a distance of 135.35 feet (North 45012' 00" East 134.30 feet record); thence South 87'25"37" East a distance of -164.01 feet (South 88'02' 00" East 165.50 feet record); thence North 04004'29" East (North 03*32'00" East record) a distance of 329.00 feet and South 67049'24" East (South 68'26'00" East record) a distance of 376-50 feet to the Point of Beginning. CITY OF KALISPELL MONTANA NOTICE OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 328. NOTICE IS HEREBY GIVEN that it is the intention of the City ,Council of the City of Kalispell, Montana, to create Special Improvement District No. 328, for the purpose of designing and constructing a sanitary sewer collection system, water distribu- tion system, and streets thereupon in that certain area described in Resolution No. '3 2 �_, (,,, , which Resolution is filed in the office of the Kalispell City Clerk, and which area is more particularly described as follows: Those portions of Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter Corner of Section 31, Town- ship 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 88038158" West a distance of 1007.47 feet to the Point of Beginning which point is on the South 'line of Grandview Drive, a county road; thence along the South line of the road North 89038'44" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 36122'00" West a distance of 271.21 feet (South 36'0 22'00" West 272.01 feet record); thence South 53'28'47" East a distance of 311.51 feet (South 530 38'00" East 312.00 feet record); thence South 34045'32" East a distance of 229.84 feet (South 340 56'00" East 230.00 feet record); thence South 09'45'29" East a distance of 232.11 feet (South 090 56'00" East 231.95 feet record); thence South 00024'13" East (South 00034100" East record) a distance of 31.24 feet; thence South 00055'43" East (South 00034100" East record) a distance of 124.22 feet; thence South 89053'02" East a distance of 426.35 feet to the West line of Grandview Drive; thence along the West line of the road North 02051'47" West a distance of 1132.42 feet to the Point of Beginning. AND A tract of land in Government Lot 3 of Section 6, Town- ship 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter corner of Section 31, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 25023146" West a distance of 359.94 feet (South 250 49" West*361.00 feet record) to the Point of Beginning, which point is on the west line of that parcel described in instrument recorded in Book 457 page 765, records of Flathead County, Montana; thence along the West and North lines of said parcel South 28044'00" West a distance of 429.10 feet South 85044'00" West a distance of 552.05 feet to the East line of Grandview Drive; thence alona the East line of the road North 02051'47" West a distance of 135.71 feet to the South- erly line of that parcel described in instrument recorded in Book 439 page 594, records of Flathead County, 'Montana, thence along the South and East lines of said parcel the following courses: North 86'42'25" East (North 87*04'00" East record). a distance of 132.04 feet; thence North 45006'44" East a distance of 135.35 feet (North 45012' 00" East 134.30 feet record); thence South 87025137" East a distance of 164.01 feet (South 88102' 00" East 165.50 feet record); thence North 04004'29" East (North 03032'00" East record) a distance of 329.00 feet and South 67049'24" East (South 68*26'00" East record) a distance of 376.50 feet to the Point of Beginning. The estimated cost and expense of said improlements is $300,000.00. The cost of said improvements will be assessed against all of the property within the district on an area basis as set forth in said Resolution of Intention hereinabove referred to, and may be paid for in full on completion of the contract, or in 20 equal installments extending over a period of 20 years. The City Council will hear and pass upon any protests that may be made against the making of said improvements, or the creation of said district, at a regular meeting of "he City Council to be held in the Council Chambers of the City Hall, in the City of Kalispell, Montana, at 7:30 p.m., on 1979. Protests, if any, must be in writing and filed with the Kalispell City Clerk at the Kalispell City Hall not later than 5:00 p.m. on m P, 7 1979. DONE BY ORDER OF T5E CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF 1979- PUBLISH: !�4 - Z._�L- 7 41 -/ 6 - 7 elf 41-1 -/ 7 ma—r:Yor i iermann, City Clerk - 2 - STATE OF MONTANA ss. County of Flathead I, MARJORIE GIERMANN, being first duly sworn, depose and say: 1. That I am the duly appointed City Clerk of the City. of Kalispell, montana. 2. That pursuant to Resolution No. 3226 as passed by the City Council of said City on the 19th day of Ma—h , 1979, I caused to be published in the Daily Inter Lake, a daily news- paper published in Kalispell, Montana, for five (5) successive days of publication, beginning 4/15/79 the attached "Notice" relative to creation of Special Improvement District No. 328. Also, on Api?il 15 , 1979 1 deposited in the U. S. Mail, at Kalispell, Montana, postage prepaid, a true written copy of said "Notice" addressed to the following: Bank of Columbia Falls P. 0. Box 280 Columbia Falls, Montana 59912 Buffalo Head Properties c/o Stanley W. Pine 205 Bachelor Goode Road Kalispell, Montana 59901 . 7X"e-,r, City UA'erk Y, Subscribed and sworn to before Pie this_;,).e,/P day of 1979. Notary Public for -the St/ate of MT (SEAL) Residing at Kalispell,,I-Iontana My Commission expires'-' MARQUARDT ENGINEERING & SURVEY114G CIVIL ENGINEERING AND LAND SURYEYIHG 1031 SOUTH MAIN - PHONE 406-755-62&S KALISPELL. MOATANA 39901 April 11, 1979 Norbert Donahue Kalispell City Attorney Kalispell, Montana 59901 Re: Legal Descriptions for Buffalo Head Subdivision and SID Dear Norbert: l'bave checked the two legal descriptions which you provided me with yesterday: one being the lepal description sho,,.m on the Certi- ficate of Dedication of the BUffallo Head subdivision plat and the other being the legal description used in the Resolution of Intention for the SID. I have found that the two legal descriptions both describe the identical property on the -round. Therefore, I see no problem with the fact that the wording in the descriptions is not identical. Very truly yours, K. Marquardt DKMzcm cc: Stan Pine ENG-TNEER] 4G — PLMNING — SLJRVr-YlNr- — 4ZI jn�fw City Of Kalispell Phone 406-755-5457 P.O. Box 1035 Kalispell. Montana 59901 The Daily Inter Lake 300 First Avenue West Kalispell, Montana 59901 Rei Spacial -improvement District No. 328 Gentlemen: Please publish the enclosed Notice for five (5) si�ccessxve days beginning as soon as possible. Upon completion thereof furnish me with your Affidavit of Publication and bill the City of Kalispell for the publication costs. Very -truly yours, MAR0 IE GIE-RJ,1ANN 4 A City Clerk MG:- T o encl- STATE OF MONTANA County of Flathead I a. No. 3391 CITy OF KALISPELL MONiANA NOTICE Of 11-1- - - CREATE SPECIAL I.MPROV& I MENT DISTRICT NO. 32k NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Kalispell, I Montana. to create Special Improvement District No. 328, for the purpose of designing and con- structing a sanitary sewer collec- tion system, water diti' 'ion l', system, and s ite"o gn to that certain area descri' i� Resolution No. 31226, �hicrt Rmlution is filed in the office of the, Kalispell City Clerk, and which, area is hure particularly I described as follows: . - 7 ' i� Those portions of Governmenti LO is 3 and 4 of- Section Tj Township 28 North. Range 211 West. M.P.M., Flathead County, i Montana, described as follows: -,I Commencing at the Souzh4, Quarter Corner of Section 31, Township 29 North, Range .21.1 West;, M.P.� Montana: it ------ South lip3li'58" West a distance I of 1007,47 feet to the Poinj of,j Beginning which point is unithe-f Soutit live of Grandview Drive. a I costoly, road; thence along 'Ibe� South line of the road - I North 89*33'44" West a distance 'of 631.95 feet; thence South a dis- tance of 157,26 feet*, thence South 36-22'01y' West a distanr� of 271.21 feet (South West 272.01 feet recordl�Tec, South 53 2B'47- East a dis�n Is of 311.51 *feet (South BV. East . 3121.0 1 t d); ne South U'45r3Y��ast a di'Z.(L of 22914 feet (South 34-56'00" East 230 00 1 " d I ; in 'Ice South 99'45r29t'�eEast a disetance EA =-,,I! feet (South OP56'00" East =.1.95 feet record); thence, South 110-2413" East (South - Wn,1'00" East record) a distance of 31.24 feet: thence - South 00�55'43" East (South W-34'00" East record) a distance of 124:22 feet; thence I South Er&j'o2" East a distance or 426M feet -to the West line Of Comodview Drive; thence, along-, the.-vkst-line, of the road .' I NuhlbiL".51*47" West a distance, a I=AZ Ad to*� the Point Of Beginning. Janice Dunkin being duly sworn, deposes and says: That ---jS—he is _p=incijaa1._ clerk__ of the DAILY INTER LkKE, a (PRINTER. PUOLISHER OR PRINCIPAL CLERK) daily newspaper of general circulation, printed and published in the City of Kali in the County of Flathead, State of Montana, and that the Eq�Jnt_-_F Intention to Create Special - -- .--:LM=9Ve!e_ntS. a copy of which is hereto attached, was printed and published in the regular and entire issue of said paper, and in each and every copy thereof on the dates of Subscribed and sworn to before me this —1-9.1th--clay A- D. ig 79 AN D A tract of land in Government Lot 3 of Sectim. 6, Township 28 North, Range 21 West, TI.P,M., Flathead County, Montana, described as follows : Commencing at the South Quarter camer of Section 3L Township 29 North, Range 21 West. M.P-M., Fla thead County, Montana; thence S I outh 25'23'W' West a distance of n59.94 feet (-South 25'49" West 351-00 feet record) to the Point of Beginning.. which point is on the ��t line or that parcel described in mstrument recorded in Book 4V page records of Flathead county, Montana;. thence along .1he West and North lines of said'.11 *iTcel - _ - '� '. . - . _? Residing i .. .. ....... . ......... MY Coramissiort expires _c�L:- 'South 28*44'00" West a c6tance of 429.10 feet . South 85*44'W' West a distance of 552.05 feet to the East line of Giandview Drive; thence along the East line of the road North Or5l'47" West a distance of 135.71 feet to the Southerly line of that parcel described in instru. ment recorded in Book 439 page 594, records of Flathead County, Mantans, thence along the South and'East line� of said parcel the following courses: North B6'42'25" East (North 87'04'00" East record) a distance of ILI.G4 feet; thence North 45*%'44" East a distance of 135.35 f4t (North 45-12-00" East 134.30 feet record); thence So*jth 87'25'37" East a distance of 164.01 fet-t (South 88*02'Do" East 165.50 feet record); thence North 04'04�29" East (North. 01*32'00" East record) a, S4sAn uf �29.(10 feet and So uth 67*49'24" ' East (Sou�� 636'00" East record) a distance Of 376.50 feet to the Point of Beginning. The estimated cost and expense of said improvements is im.000.00. The cost of said improvements 4l be assessed against all of the prill,-rty within the district on an area basis as set forth in said 'Resolution of Inte all.. hereinabove referred to, an be paid for in full on completion of the contract, or in 20 equal install. MentS extending Over 2 period of 2D years. The City Council will hear a pass upon any protests that may be made against the making of said improvements, or the — I tion of said district, at a regular meeting of the City Council to be held in the Council Chambers of the City Hall, in the City of 'Kalispell, Montana: at 7:30 p.m., an May 7, 1979. Protests, if any, must be In writing and filed with the Kalispell City Clerk at the Kalispell City Hall not later than 5;00 p.m. on May 7, lW9. DONE BY ORDER OF THE I tITY COUNCIL OF THE CITY OF KALISPELL. MONTANA, THI� 19th DAY OF MARCH, U-M. It Marjorie Giermann Marjorie Giprmann, City Clerk April 15, 14, 17� 18. 19, 1979. Z, C) r Z %Y 7 .TIIE.Izd,'GnAR MEETING Or TIIE KALISPELL CITY COUNCIL MET AT 7:30 P.M. MONDAY, M., 7, 19 -I,N 111E -Cffi�,�'MFRS ;AT LITY ILALL- XAY01-t- 1LAPP P72ESIDED. ALL CJ*.7!.�CJ'f,1;r*�,. -APPROVE J,'JNUTES 'CounLilman -�SIverudmovecl 'that the minutes *of the April 16, 1979 meeting be approved as ,presented. - -Seconded .1-y Conncilman,0`1�oylc. hotion carried. �Coui-LrAlraap O"Foyle moved that the minutes of the speLiai meeting oi Ap—il 27, 1979 be �ap-p-rovprl -as �lpresented. Seconded by Councilman Saverud. Mot,ion carried. 'SALE,OF-BONDS -SID # z 327 'Mr. Darwin Hamilton, developer, zfated that he had triel to sell the bon3s by tonight so ,that construction bids -could be open d, but had run into some problems and had not com� ,pileted the -sale. Ile -introduced Mr- Bob Ehlers with whom he is negotiating. 11r. Ehlers �stated -.that he too had :thought the sale -would be completed, but found some problems. He zasked to meet -with council the meeting was adjourned. r B -COWSTRUCTION CGRIPEN - IDS jT327 , -11oskins Resident Engineer, recommended the bids not be ,Doug - Daniels, --Thomas., :Dean & . IL-*s �date aid -that the zon=actDrs be allowed to revise their bids if th .peimd -t i e ir texdal -coats have �changad. ,Caundil:man,,'O'!3oy1e _-asked'Mr.. Tdilers if he could say approximately when the bond sale would 'die-momplete. �Mr. :EhLers -replied that he would know by the end of this week. and Vould make aa 6aef nite :cDumLitment --by next -week. abaunc-ilmurn (,Grz=o -moved that -the bid ope=g be 14ay 21st at 7:30 P,M. that the contrac- ttars 1he 411owed -to �completay'withdraw or revise their bids and that they be notif ied by amon -on'May _18th -whether or mot the bids will be opened on the 21st. Seconded by Council- zman IaLlizams. _16DZirm married- �&U bidders were polled and concurred. ERUBLYC IH:AF_'NG - SILD Tlulfelm, Be.-axi Addition FRESOLUTION :#=7 IRear-ing:uo �Dppasition, Councilman Griffin moved to adopt Resolution #3237 a resolution ccz-eatirtg - pecial Improvement District No. 328 for the purpose of designing and cor-struc- .'S tting �a --anitary �sewex mollection -system, water distribution system, and streets. Seconded rby CounzilmanAllen. iR611. zall -vote. All voted aye MSOL . I . ITIOIN :1=38 -mov ceau=ilman Gri�ffin -ad To adopt Reso'lution #3238 a resolution providing for the sale m[f�honds, S�_T_R. :#=&. ae=nded ':�y '0=,cilman Allen. Roll call vote. All voted aye. I'l I IRMLUTION 43239 QnmEi1wan,,Q iuiav�-d -.,to --Wzpt Izzolution P3239 a resolution providing for the call :T= monatruation lyids �far ED) ;It=. Seconded by Councilman Allen. Roll call vote. All 1, vxat-ad �aye`. -rmv--d mo mvqmimt the firm of Thomas, Dean & Hoskins as engineers for MD.' M-&. Sm=dad --by ZounrHl-man Allen. Hotion carried. 'L�S=G a -HE MU,=L 114yar'Hap A p -.made zthree xril tD =y=e wbo wished to address the council. No one responded. axxufumh _�REYO-pa-S MINANCE 0aauruc�i-1man'J1T`,T1`i -rapart-mid thzt the finance committee met and reviewed the claims for At 'iJ =d .=�ve:d ±hi::-- y ,Fm to be in order be paid. Scconded *.-- C�unciln:an mn Trav-r -Ic r u- il to consider ess -*itii the -_-equest: by t, _0 i1c the Tinu- 'fle state-i that the directi,;e w&s )T:,:Iec on March l8th, Uh-i ;jVj�!! ',Zatli '�PIrc A�10 113o�xrd lnLowrad tha_; h-anceforth all �,Tor't --.cqu2 s t ed be '--y a iormal and �thr-y 1w ZL�cide t-'.aey have the' and timc. Mayor Happ has azdkeU 'Couitty Gonmtiasionax CGuay if the,staff will hold a public hearing for discussing �me-rfdin�, -1the ,comprchenaive T.lan. Steve ?etrini, APO Director, is asking for more kafor— azzat1on ff-rom 'Develapars JlrvemsafiT�d. — tj ZI Q �� 0 1, J ORDINANCE NO. 920 Hearing the second reading, Councilman Griffin moved to enact Ordinance No. 920, an ordinance to redefine "Non -Conforming Use" of zoninZ ordinance. Seconded by Counciiman Allen. .Dr. Otto, Veterinarian, loca ted on Airport Road, addressed the Council concerning the -proposed remodeling and addition to his clinic. it was explained that the purpose of enacting the "Non -Conforming Use" was to protect property owners in his case or if a building burned it would allow rebuilding. He can not only build, add or remodel his present building, but also build on an adjoining empty !at. An existing conforming use on an adjacent lot cannot be destroyed. Dr. Otto was assured that his plans would be O.K. under this new ordinance. Question called. Roll call vote. All voted aye. ORDINANCE NO. 923 Councilman Griffin read first reading of Ordinance No. 923 an ordinance to bring into the new zoning areas 0, P, & Q which consists of residential area east of 4th Avenue East from railroad tracks south to 18th Street and including the French Subdivision. Green - dale is not included, but will be rezoned later. Roll call vote. All voted aye. Director of P. W. Kain reported that he has talked to Zoning Chairman, Dale Haarr who stated that the zon-�ng commission will be meieting once a week to get the City zoned by October 1, 1979. STREET & ALLEY Councilman Allen had no report. Director of P.W. Kain announced that he was ready to meet with the new street and alley committee on priorities. Ilayor Rapp reported that the news media erred in reporting-tbat the County Commissioners set up a meeting with the Highway Commissioners and City, when in reality she & Director of P. W. Kain arranged the meeting and invited the County Commissioners. She stated further that she thought the story should come from Helena. PARKS Councilman Daley had no report. SAFETY Councilman O'Boyle moved that City Attorney Donahue draw up an ordinance to adopt a uniform code for "Abatement of Dangerous Buildings". Seconded by Councilman Saverud. An Appeal Board is required. Motion carried. CITY DEVELOPMENT Councilman Saverud moved that Mayor Happ be authorized to sign the application for obtaining the $100,000 second year funding for the HUD grant. Seconded by Councilman Williams. Motion carried. Councilman Saverud reported that a committee composed of himself, Councilman O'Boyle, Larry Dominic and Jim Zimmer have reviewed and approved 6 grants and 3 loans. By the middle of the week they will have reviewed an application to improve property in Block 69, Senior Citizen Center. CITY HALL Mayor Rapp, Architect Schwartz and members of the City Council will make final inspection of the new city hall at 1:00 P.M., Friday, May lIth. SE14ER & 14ATER Doug Daniels, Resident Engineer for Thomas, Dean & Hoskins, reported on the water well. In addition to the diameter of the shaft being too smnll, there was a problem with the ' bearings. New bearings were obtained and the pump will be installed tomorrow. The well was inspected by a TV camera and all looked O.K. There will be a test pump this week. Councilman Grannio reported that the Sewer & Water committee met with power to act on April 20th, and chose to proceed with Alternative 3, delineated in the Emergency interim Sludge Management Program. There will be no cost to the City until the grant is approved. Stahley Engineering & Associates were directed to make- the necessary grant applications. EMPLOYI�ENT Councilman Crainger had no report. OLD BUSINESS There was no unfinished or old business. OATH OF OFFICE The Oath of Office was administered to two new and two reelected councilmen - Louis B. Ruiz, Jr., Francis T. O'Boyle, Howard G. Grainger and John Zauner, Jr. by City Clerk Giermann. Certificates of Appreciation were presented by Mayor Happ to outgoing Councilmen Williams and Allen. NEW BUSINESS APPOINTMENTS Mayor Happ made the following appointments: COUNCIL COMMITTEE - 1979 THE FIRST NAMED SILALL BE CRAIR14AN -ANNEXATION - Griffin, Saverud, Grainger EMPLOYMENT - Zauner, Griffin, Granmo FINANCE - Ruiz, Grainger, Daley PARKS, RECREATION, AIRPORT - Daley, Ruiz, Zauner SEWER & 14ATER - Granmo, Griffin, Saverud SAFETY. - Grainger, O'Boyle, Ruiz STREET & ALLEY SANITATION - O'Boyle, Granmo, Daley CITY DEVELOPMENT & PUBLIC BUILDINGS - Saverud, Zauner, O'Boyle OTHER COMMITTEES- 1979 APO - Mayor Happ, Walt Griffin CITY COUNTY PLANNING BOARD - Walt Griffin REFUSE DISPOSAL - Lauren Granmo CHAMBER OF COM!IERCE - Wayne Saverud SAFETY COUNCIL - Francis O'Boyle COUNTY PARK BOARD - Forrest Daley COUNTY HEALTH BOARD - Louis Ruiz 208 WATER CONTROL - John Zauner GAMBLING - Howard Grainger, Forrest Daley, Norb Donahue, Atty., LeRoy McDowell, Chief of Police, Mayor flapp TAC - Francis O'Boyle Mayor Happ asked council members, to turn in their reports by Wednesday preceding the Monday council meetings. 141SCELLANEOUS City Attorney Donahue reported a letter from the office of the Attorney General stating that Mr. Allen B. Chronister is working on his question of open burning within the City. WATER DEPT. The following letter was received by the Water Department: 1203 - lst Avenue West Kalispell, Montana 59901 May 3, 1979 Water Department P.O. Box 1035 Kalispell, Montana 59901 Attention: Manager Gentlemen: I would like to thank Mr. Giesey and Mr.. Jones for their help and very courteous. treatment of me this past weekend. Also for their promptness in taking care of the problem that existed, and the men that aided in this. Yt ..*s just another reason why I am so happy 'that I moved back to the Flathead Valley; this would never have occurred in.the "big city". A personal thank you once again to Mr. Jones for coming to take a look Saturday morning to see if it were indeed an emergency. Thanks again to all of you. Sincerely, Patricia. Morton Hibbard pjh cc: Mrs. Norma Happ - Mayor'l-I Councilman Saverud moved confirmation of the appointment of Mr. James Sharp of Flathead Valley Community College to the Parking Commission Board.* Mr. Sharp will replace' Loraine Bundrock who has resigned. Mayor Happ thanked Loraine for her service to the City. Councilman Grainger reported that the employment committee will meet Wednesday noon with the labor negotiator. All council members are welcome. Councilman Grainger will be arranging a meeting to discuss health insurance for the. coming year. M4yor Happ announced that there will be an all day indoctrinaEion of new council members and a tour of the City immediately after school is out in June. Councilman Ruiz is a teacher. Councilman O'Boyle moved to set a meeting to consider needs for oil for seal coating, asphalt mix,* pit run gravel and chips, concrete mix and curbs and gutters. for the coming year so that the ad for bi.ds can be sumitted for publication on May 10th and. l7th. Seconded by Councilman Daley. Motion carried. Councilman O'Boyle announced a meeting of TAC on May 10th at the Ilighway Department at 1:00 P.M. Councilman Saverud announced that the City -County Health Board will meet at 1:00 P.M� May 8th. I Dir. of P. W. Kain reported that the Forest Service have asked peimis.6ion to use some City land immediately to their south for parking for summer employees. Originally Lhis area was scheduled for a garden for the Human Resources people, but their area can be moved cast. -483 CoLncilman Saverud moved to L,�fer to the Park Cor".xeittee and report back next meet* ,Lng-- Seconded by Councilman O'Boyla. Motion carried. LICENSE & PEF11,IT BONDS Gordon M. ;cnsen DBA 4—G Plu.nbi-ng & Hcatini, Gas Installation Continuation Certificate Gordon M. Jensen DBA 4—C Plumbing & Heating Plumber Continuation Certificate Couaciliaan Grainger moved that all License & Perinit Bonds reviewed by City Attorney Donahue be approved. Seconded by Couacilman Daley. Xotion carried. Councilman Griffin moved to adjourn. Seconded by Councilman Saverud. Carried. Minutes approved as presented May 21, 1979. C- A Norma E. Hap'p-1, Mayor ATTEST: Mai? brie Giermann, City Clerk RESOLUTION NO. -22-37 A RESOLUTION CREATING SPECIAL IMPROVEMENT DISTRICT NO. 328 FOR THE PURPOSE OF DESIGNING AND CONSTRUCTING A SANITARY SEWER COLLECTION SYSTEM, WATER DISTRIBUTION SYSTEM, AND STREETS THEREUPON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: I WHEREAS, on the 19th of March , 1979, said Council did pass and adopt Re:�olution 14-o.3226 , a resolution of intention to create Special Improvement District No. 328;-and WHEREAS, the City Clerk of said City did give Notice of the passage of said resolution by publishing same for five successive days in the Daily Inter Lake, a daily newspaper published in Kalispell, Montana, beginning on April 15 , 1979, and also on April jq , 1979, true copies of said Notice were mailed to all persons having.real property within said district; and WHEREAS, on the 7th of May , 1979, at the next regular meeting of sa�idCouncil the Council -did conduct a hearing on said Resolution No. 328, and no protests, written or oral, were made or presented against creating said Special. Improvement District No. 328. NOW THEREFORE, said Council does hereby create Special Improvement District No. 323 for the purpose of designing and constructing a sanitary sewer collection system, water distribu- tion system, and streets thereupon in that certain area described as follows: Those portions of Government Lots 3 and 4 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South Quarter Corner of Section 31, Town- ship 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 88038'58" West a distance of 1007.47 feet to the Point of Beginning which point is on the South line of Grandview Drive, a county road; thence along the South line of the road North 89033'44" West a distance of 631.95 feet; thence South a distance of 157.26 feet; thence South 36022'00" West a distance of 271.21 feet (South 360 22'00" West 272.01 feet record); thence South 53028'47" East a distance of 311.51 feet (South 530 38100" East 312.00 feet record); thence South 34045'32" East a distance of 229.84 feet (South 340 . 56100" East 230.00 feet record); thence South 09045'29" East a distance of 232.11 feet (South 090 56100" East 231.95 feet record); thence South 00024'13" East (South 00034'00" East record) a distance of 31.24 feet; thence South 00055'43" East (South 00134'00" East record) a distance of 124.22 feet; thence South 89053102" East a distance of 426.35 feet to the.West line of Grandview Drive; thence along the West line of the road North 02051147" West a distance of 1132.42 feet to the Point of Beginning. AND A tract of land in Government Lot. 3 of Section 6, Town- ship 28 North, Range 21 West, M-P-M-, Flathaad County, Montana, described as follows: Cortunencing at the South Quarter corner of Section 31, Township 29 North, Range 21 West, H-P.M-, Flathead County, Montana; thence South 2523146" West a distance of 31-79-94 feet (South 25* 49" West 361.00 feet record) to, the Point of Beginning, which point is on the viest line of that parcel described in instrument recorded in Book 457 Page 7GS, records of Flathead County, Montana; thence along the West and North lines of said parcel South 28044100" West a distance of 42,9-IG feet South 85044100" West a distance of 552-05 feet to the East line of Grandview Drive; thence along the East line of the road North 02051'47" West a distance of 135.71 feet to the South- erly line of that parcel described in instx=ent, recorded in Book 439 page 594, records o.f Flathead County, Montana, thence aloncT the South and East 1-ines of said parcel the following courses: North 86042125" East (North 87004'0:9.' East record) a distance of 132.04 feet; thence North 45006'44" East a distance of 135-35 feet (North 45012' 00" East 134.30 feet record); thence South 8702513711 East a distance of 164-GI feet (South 88102' 00" East 165.50 feet record); thence North 04004'29" East (North 03'32'00" East record) a distance of 329.00 feet and South 67'49'24" East (South 68*26'GG"' East record) a'distance 'of 376.50 feet to the Point of Beginning - The approximate cost of said impro-vanents is estimated to be Three Hundred Thousand Dollars ($3GG,0G&_0-9Y. Said costs will be assessed against each lot withi-r- the dis-trict for that part of the whole cost which its area bears to the area of the entire district. Said cost may he paid in full upon completion of the contract, or in 20 equal', a=aaJ_, installments extending over a period of 20 years. PASSED AND ADOPTED THIS 71M DAY OF 1979, BY THE CITY OF KALISPELL, MONTANA. ATTEST: iHty ClE5'rk y - 2 - RESOLUTION NO. 323B A RESOLUTION PROVIDING FOR THE CALL FOR CONSM,-U= N =313 MOR SPECIAL IMPROVEMENT DISTRICT NO. 328. WHEREAS, the Mayor and City Council of the Zi-ty -cff aa]j�jz- ,pell, in compliance with the statutes of the Stat�e -of 11orEta-aa,, did, on the 7th day of May, 1979, create Spec±aa :Imp=.veuLent District No. 323 of the City of Kalispell for t.-he p-uronse ,CLf designing and constructing a sanitary sewer CaLlectaimn �pyv_-,tem,, -water distribution system, and streets in all t-of -zthat �area included in, and in accordance with the terns and T_-orfdj:t�*�s as specified in Resolutions No. 3226 and No.. 3Z37 WHEREAS, Thomas, Dean & Hoskins, Inc-, I — plans of said construction, and same have bE�en aT _y the City Engineer for the City of Kalispell - NOW THEREFORE, BE IT HEREBY RESOLVED-- 1. That the City Clerk forthwith call fv�r ffiacam fflnr mcwdiffi zonstruction in accord with the laws of the Stat_'e (nf �Mnrrbana. 2. That the Notice of said call for h±as ':b�_- An -th:e q3jjL-,- --tantial form of and contain the provisions; �of ZidbJ._-d-.t ;'-'A"' attached hereto. 2ASSED AND APPROVED BY THE CITY COUNCIL OF uTT-Y w Kza—asP_= AND APPROVED BY THE MAYOR THIS 7th DAY OF nay ., r I M, 7-9 - - -ATTEST: City Clefk a- Mayor 1? 4, RESOLUTION NO- 3�39 A RESOLUTION PROVIDING FOR S-;=1 Eff -BDNDS., -a.-PDCIAL 1]-1PR0VFXEN'T DISTRICT NO. 323. WHEREAS, the Mayor and City Coun=il aff -the ]--ity of malispell, in compliance with the statutes of the St�a� �af 11nnt-ana, did, an the 7th day of Mey , 19-79, creat:e specl:al amprovement. District No ' 328 of the City of Kalispell for the -purpose -,of designing and constructing a sanitary sewer collectann zy-atEm., water distxibution system, and streets in all of that are -a -±n�- d In that a -Tea described in Exhibit "A" attacheaheretn,, :in �&=rclance with the terms and conditions as specified :im :Res�oJ:jiti--on No- 3226 and Resolution No. 3237 NOW THEREFORE, be it resolved by the LMa.ymr �aad Citar Council of the City of Kalispell, Mant--axm,, -as :fnllows: That the City* shall sell and issue -a-t Ith-a-m t3me amortization or serial bonds of said Special Improvemerrt, Miis-trdct No. 32B in the amount of One Thousand Dollars �whdch bonds shall bear date of issue of July 1, 197D7 sa-�' lbDnds �may bear interest at a rate not exceeding the maximum rate pex zalm-ump..ermitted by the laws of the State of Montana, payable annua=ly .on the Ist of January, 1980, and on the Ist day of -7anuary aaf each year there— after; provided, however, that said ±Rm-tds, a-nd �each and all of the same, shall be redeemed at the City jaf Tz2±--qieT1 at any time when there is suf f icient money in said BID 22:8 �Eund, a-qaamst which said bonds are issued, available the:rafone., zz±d =derqDtion to be made as provided by law; provided, further,, zth-at the City -L�reasurex shall first pay, out of said SID 32B :Exm-d., �a�' the interest on all outstanding bonds upon prese=a t±on mf -thia r-oupons belonging thereto, and all monies remaining in said �fund ---hall he applied to the payment of the principal and the mnsaaamptzi�-n of the bonds in the order of their registration. Said bonds will be sold for mr)t 3,T-,= tbh par value with accrued interest to the date nf Bpa-±,,very, ariB all bidders must state the lowest rate of interest ot wih�,'h t-'h-ey vill purchase the bonds at par. The City Council m7ese=3--s --the rl#ht to reject any and all bids and to sell said brard -:&- sale - If amortization bonds are sold am -a E=uaL,, it�h-- entire issue may be put into one (1) single bond = Z-a-vjdaa �im-ttn several bonds, as the Council may determine at the tjmia� �nf sa:l-e, both principal and interest to be payable in semi-annraaal during a period of twenty (20)- years from dztte �Df J-1 If serial bonds are issued and smE-Ja will he in the amount of One Thousand Dollars numbered from one (1) to three hundred (3-DD).., bvth and said bonds shall become due and payable on the 2slt cd�qy aff Za=mary, 1999 - All bids other than on behalf vf la)�e MmerR of Lant9 Commissioners of the State of 11ontana mm-st IJY-- -irmmmmanied by a certified check in the sum of Thir-ty, 'Thou�arO Mr.ollars ($30,000-0D) payable to the order of the City Clffmk rnT tLihe Tnit�y (mf Kalispell, Montana, which will be forfeited hy tb�-e mi=� uR h1daer in the event he shall fail or refuse to vmmp.'Ip-� t-he pi =chase of said bonds in accordance with the tnmns mE lldx 110- M The City Clerk shall forthwith publi0h Notice of said Sale of Bonds in accord with the laws of the State of montana; said Notice shall be substantially in the form of Exhibit "A" attached hereto. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 7th DAY OF may 1979. Mayor ATTEST: f Y, City ClerW 1z NOTICE OF SALE OF SID 328 BONDS CITY OF KALISPELL, MONTANA NOTICE IS HEREBY GIVEN by the City Council of the City of Kalispell, Montana, -that the said City -Council will, on the 18i;h day of June - 1 1979, at the hour of 7:30 p.m. in the Council Chambers of the City Hall in Kalispell, Montana, sell to the highest bidder for cash, either amortization or serial bonds of Special Improvement District No. 328 of the City of Kalispell, Montana, in the total amount of Three Hundred Thousand Dollars ($300,000.OQ) for the purpose of defraying the cost of the construction of designing and constructing a sanitary sewer collection system, water distribution system, and streets in that area described as Buffalo Head Addition No. 82. Amortization bonds will be the first choice and serial bonds will be the second choice of the Council. The boundaries of SID 328 are given in Pesolution No. 3226 dated March 19, 1979. If amortization bonds are sold and issued, the ent-ire issue may be put into one single bond or divided into several bonds, as the Council may determine at the time of sale, both principal and interest to be payable in semi-annual installments during a period of -20 years from date of issue. If serial bonds are issued and sold, said bonds will be in the amount of One Thousand Dollars ($1,000.00) each, numbered from one (1) to three hundred (300), both inclusive, and said bonds shall become due and payable on the Ist day of January, 1990. The said bonds, whether amortization bonds or serial bonds, will bear date of issue of July 1, 1979, and will bear interest not exceeding the maximum rate Der annum permitted by the laws of the State of Montana, payable annually on the lst day of January, 1980, and on the lst day of January of each year thereafter; provided, however, that said bonds, and each and all of the same, shall be redeemed at the City of Kalispell at anv time when there is sufficient money in said SID 328 fund, against which said bonds are issued, available therefore, said redemption to be made as provided by law; provided, further, that the City Treasurer shall first pay out of said SID 328 fund, annually, the interest on all outstanding bonds upon presentation of the coupons belonging thereto, and all monies remaining in said fund shall be applied to the payment of the principal and the redemption of the bonds in the order of their registration. Said bonds will be sold for not less than their par value with accrued interest to the date of delivery, and all bidders must state the lowest rate of interest at which they will purchase the bonds at par. The City Council reserves the right to rel-ject any and all bids and to sell said bonds at private sale. All bids other than on behalf of the State Board of L�and Commissioners of the State of Montana must be accompanied by a certified check in the sum of Thirty Thousand Dollars ($30,000.00) payable to the order of the City Clerk of the City of Kalispell, Montana, which will be forfeited by the successful bidder in the event he shall fail or refuse to complete the purchase of said bonds in accordance with the terms of his bid. D I All bids shall be addressed -to the City Council of the City of Kalispell, Montana, and delivered to the City Clerk of said City. DONE BY ORDER OF THE CITY COUNCIT, ()F THE CITY OF KALI�PEIJ,, MONTANA, THIS 7th DAY OF May , 1979. Publish: r- /^ /,2 ��/79 5/J_L/ 0 6/13/79 - 2 - ty Clerk 5%15-41 The Daily Inter Lake 300 First Avenue Wast Kalispell, Montana 59901 M-- : SID 328 Gentlemen: Enclosed herewith is a Notice re SID 328 which must be published four (4) times in your paner. Please publish this Notice on the following dates: Furnish re with your Affidavit of, -Publication therefor and bill the City for your charges. Very truly yours, I M APZORIE C-T=HAINN City Clerk Mr'.-f 0 enc-1. 4zV NOTICE OF CALL FOR BIDS CITY OF KALISPELL, MONTANA S.I.D_ 328 NOTICE IS HEREBY GIVEN, that sealed proposals for the con- struction of streets, curbs and gutters, a storm drain and sanitary sewer system and water system for the City of Kalispell, -Montana, will be received by the City Council at Kalispell, Montana, until 7:30 p.m., June 18, 1979. All proposals shall be addressed to the City Clerk, City of Kalispell, P. 0. Box 1035, Kalispell, Montana, and plainly marked "S.I.D. 328, Construction." At a ' meeting of said council at said time and place said bids received will be publicly opened and read; bids received thereafter will not be considered. The work involved is for the' construction of work for S.I.D. 328 created on May 7, 1979, by Resolution No. 3237 as specified in plans and specifications as outlined and on file at the following address: Thomas, Dean & HOskins, Inc-, t3 Sunset Plaza, Kalispell, Montana 59901 or 1200 - 25th Street South, Great Falls, Montana, 59405, or City of Kalispell, Director of Public Works, P. 0, Box 1035, Kalispell, Montana 59901. Said resolution and Resolution No. 3226 contain more particular description of said district and are on file in the City Clerk's Office, Kalispell City Hall - Each bidder must display his current Montana Contractor's License, class and number. All bids must expressly covenant that if the bidder shall be awarded the contract, the bidder will, within 10 days after such award, enter into a formal contract and give good and sufficient bond to secure the performance of the terms and conditions of the contract; otherwise, the bidder shall pay unto the City of Kalispell the difference in money between the amount of the bid of the said bidder and the amount for which the City of Kali -spell legally con- tracts with another party to supply said property if the latter amount is more than the former, but in no event shall the bidder's liability or "he liabilityof the surety of such bidder exceed the penal sum of 10% of the bid- All bidders shall, as bid security, accompany the bid with such sum in lawful money of the United States, or a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking associa- tion located in the State of Montana, or a bid bond or bonds execu- ted by a surety corporation authorized to do business in the State of Montana. Any such bank instrument or bond shall -be payable directly to the City of Kalispell. A bond will be required of the successful bidder in the amount of one -hundred percent (100%) of the aggregate of the proposal for the faithful performance of the contract and protection of -the City of Kalispell against the liability of accidents. If a contract is awarded, the bidder whose bid is accepted and who shall thereafter refuse to enter into and execute the proposed contract, as stated in said covenant, shall absolutely forfeit such monies or bank instruments to the City of Kalispell, and bezomes immediately liable on said bid bond * to said sum. The money, bank instrument or bid bond, as the case may be, shall be returned to those bidders whose bid is not accepted. A charge of $40.00 will be made for copies of the bid docu- ments. The successful bidder will be furnished additional copies thereof without charge as required. An unsuccessful bidder may receive a refund of *20.00 for copies returned promptly and in good condition. The successful contractor will be required to carry Workmen's Compensation under Plan Number Three of the Workmen's Compensation Act of Montana, and upon final settlement with the contractor, the City of Kalispell will deduct all unpaid premium assessments for the Industrial Accident Fund, which the contractor has not paid on the labor employed by him but for not more than the amount of the contract. The City of Kalispell may accept the lowest responsible bid, but the Council reserves the right to waive any technicality or informality and -accept any bid which may be deemed best for the interests of the said district and the City of Kalispell. The City Council may reject any and all bids or proposals should it deem this for the public good, and also reject the bid of any party who has been delinquent or unfaithful in any rormer contract with the City of Kalispell, and the City shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder and may award the contract for said work or improvement to the lowest responsible bidder at the price named in said bid. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bond, Performance and Payment Bond, and other contract documents may be examined by the following: office of the Director of Public Works, or City Clerk, City of Kalispell, Montana Thomas, Dean & Hoskins, Inc., 1200 25th St. S., Great Falls, Montana, or #3 Sunset Plaza, Kalispell, Montana Montana Contractor's Association, Helena, Montana Great Falls Builders Exchange, Great Falls, Montana Billings Builders Exchange, Billings, Montana Kalispell Builders Exchange, Kalispell, Montana flissoula Plans Exchange, Missoula, Montana No bid shall be withdrawn after oDening of the bids without consent of the City Council for a period of forty-five (45) days after the scheduled time of receiving bids. It is an express condition of the Contract that the performance of the City is contingent upon the sale by the City of Special Im- provement District bonds for Special Improvement District No. 328 in a sufficient amount to pay for the improvements covered hereby and other proper costs of said district and if such bonds are not sold, the City shall not be under obligation to -perform under the Contract. -2- in general, the improvements on which bids are requested will require the following construction - WATER SYSTEM 611 PVC Watermain CL 150 3,025 L.P.' 6" Gate Valves 17 EA. 6" Fire Hydrants 3 EA. Water Services 25 EA. SEWER SYSTEM 811 PVC Sewer Main 3,000 L.P. 411 PVC Sewer Main 400 L.F. Sanitary Sewer Manholes 18 EA. Extra Depth Manholes 102 V.P. STORM DRAIN SYSTEM 12" RC Pipe 200 L.P. 15" RC Pipe '130 L.P. Storm Drain Inlets 2 EA. STR STREET IMPROVEMENTS Curb and Gutter 3,900 L.F. Monuments 6 EA. Subbase Material 2,900 C.Y. Gravel Base Course 1,700 C.Y. Asphalt Concrete Surface Course 1,600 Tons DONE BY ORDER OF THE CITY COUNCIL OF KALISPELL, MONTANA, ON THE 7tb DAY OF Mav , 1979. Marjorie' Giermann' City Clerk Publication Dates:* -7. -3- 16--45% 71 The Daily Inter Lake 300 First Avenue `1�7ast Kalispell, Montana 59901 Re: SID 32a Gentlemen: Please publish the enclosed Notice of Call for Bid's In the Daily Inter Lake. The firs-, publication should ba in th- issue of and the second in the it�sue of" c:. 1979. 1979 Please furni8h our Affidavit of Publication to the undersigned together with your statement claim to the City. Very truly yours, .%IARJORIE GIER_%V�NN City Clerk en-c I STATE OF MONTANA County of Flathead N 3471 NOTICE OFO�ALL FOR BIDS.',I CITY OF KALISPELL, MON-J. TANA S.I.D. 328 NOTICE !IS HEREBY GIVEN. that sealed Proposals for the COO, struction 0 1 streets, curbs and gutters, B storm drain and 1. sanitary sewer system a�d �azer I It. system for the City Of KJ 'sPe - 'Montana.,will be r�ceived by the I City Council at Kalispell, "'I— tana, until 7:30 P-111., June 18. 1979. All proposals shall be ad-, dressed to the City Clerk, City ON, Kalispell ' P-O.- Box 1035ql "Islit". �,Iontana. ard'Ptainlr 1, marked -S.I.D. n8, COnstru"`1I tion."Atamu!'eting"Isaldcounct " at said time and place said bids 4 ,re,eived will be publicly Opened 1 and read. bids received� thereafter will not be coo,idered. I The _��Orkjnvolved is 'or the I t.onstructionotworkforS.I.D.323 created on May 7,1979, by Resolu- tion No- 3137 as specified in plans 3: and specifications as outlined and I or, file at the following address: i Thomas. Dean & Hoskin& Inc.. 03 1, some Plaza. Kalispell. Montana J SWI or 1200 - 25th Street South- I Great Falls. 'Mortara. 5%Va.-orl City. of Kalispell, Director Of-! Public Works. P.O. Box 1035--il Kalispell. Montana, 59901. Said I resolution and ResolutionNo. =S i� contain more particular descrip-, tion of said district and are on file� in the City Clerk's Office, Kalispell City Hall. Each bidder must display hisi current Montana Contractor's i License. Class and number. All bids must expressly cove- 1 nant that if the bidder shall be j� awarded the contract. the bidder t. will -..,within 10 days after Such award. enter into a formal con. Aract and give good and sufficient bond to secure the performance OZ -the terms and conditions Of the -contra c t: othervise. the bidder shall pay unto the City of Kalispell .the difference in money between the amount of the bid of the said bidder and the amount for which the City of Kalispell legally cOn- tracts with another party to SuPP- Iv said property if the latter amount is more than the former. but in no .,,,at shall the bidder's liability'or the Liability Of the sur. ety ef- such -bidder� exceed the peral sum of 10% of the bid. All bidders shall, as bid security ac- company the bid with such am . In lawful money. of the iinited States. or a cashier's check. ler- tified check. bank money order. or bank draft. in any case drawn and issued by a national baoking association located in the State of Slontana, or a bid bond or bonds executed by a surety corporation authorized to do business in the State of Mortara. Any such bank instrument or bond shall be payable directly to the City Of Kalispell. I " . being duly sworn, deposes and says: That -..Sh9 is Jj�.P ..... ............. of the DAILY INTER IJAXE, a IPRINTER, PUBLISHER OR PRINCIPAL CLERK) daily newspaper of general circulation, printed and 15ublished in the City of Kalispell, in the County of Flathead, State of Montana, and that the -Notic-e-of a copy of which is hereto attached, was printed and published in the regular and entire issue of said paper. and in each and every copy thereof on the dates of --- nY-3-04XA---- Subscribed and . sworn to bef grme this day of ---- A. D. ig-29— A bond will lu� reqk successful bidder in th,; one-hun 'h . e aggregate of the rii �. ;I -N� the faithful performad(��-or —the contract and protection of the City of Kalispell against, the liability of accidents. If a contract is awarded. the bidder whose bid I-- accepted and who shall thereafter refuse to enter into and execute the Proposed contract, as stated in said covenant, shall absolutely forfeit such monies or bank in- struments to the City of Kalispell. and becomes imr;ediately liablel on said bid bond to said sum. The more ' v� bank instrument or bid bond. as the case may be, shall be returned to those bidders whose bid is not accepted. A charge Of i4l) �)) will be made for copies of the -bid documents. The successful bidder will be fur. nished additional copies thereof without charge as required. An unsuccessful bidder may receive a refund of $20.00 for copies returned Promptly and in good condition. The successful contractor will be rea , uired to carry Workmen's Compens-tion- under Plan. Numbir Th�- of the,ybrkeenS Compensation Act of Montana,j and upon final Settlement with the contractor, the City of Kalispell cill deduct all unpaid premium assessments for the Industrral Ac. cident Fund. "hiCh the contractor has not paid on the labor employed by him but for not more than the amount of the contract. The City of Kalispell may ac- cept the io-st responsible bid, but the Council reserves the right) to waive an v tec�hnacalit.v or in(or-� reality and accept any bid which, may be deemed best for the In-; terests of the said district and the: City or Kalispell. The Citv Council may rej . ect any and all bids on proposals should it deem this for� the public good. and also reject thebid ofany party whnhai been� delinquent �r unfaithful in any I former contract with the City of, Kalispell. and the City shall reject all proposals or bids other than the lowest regular propisal or bid i of any reponsible bidder and may award the contract for said work or irnprovem-nt to the lowest responsible bidder at the price tamed in 'a ' I The Information for Bidde". Form of Bid. Form of Contract, Plans, SpecifIc3tions, and Forms I Bond. Performance and Pay. ruent Food. and other contract docurn.ants may be examined by the following: - 7 y u�otar Public. qtatc of Atontana esi�diyng in .. .... 421— My commission expires Office of the Director of Public Works. or Cit ' y Clerk. City of Kalispell, Montana. ThoIras Dean & Hoskins. Inc.. 1200 25th St� S.. Great Falls. 'Montana or #3 Sunset Plaza, Kalispell. Montana. Montana C09tr3ctor's Associa. tion. Helena. Montana. Great Falls Builders Exchange, Great Falls, Montana. Billings Builders Exchange. Billings. Montana. Kalispell Builders Exchange, Kalispell. INIOntana. Missoula Plans Exchange. Missoula, Mon. tana. No bid shall be withdrawn after opening of the bids without con. sent of the City Council for a period of forty-five (45) days after the scheduled time of receiving bids. It is an express condition of the Contract that the performance of the City is contingent upon the sale by the City of Special Improvement District bonds for Special Improvement DistrictNo.- 328 in a sufficient amount to pay I lor the improvements covered hereby and other proper costs of said district and if such bonds are not sold. the City shall not be on. der obligation to perform under the Contract, In general. the improvements on which bids are requested will require the following construc� tion: WATER SYSTEM 6" PVC Watermain CL i5o 3.M L.F. 6" Cate Valves 7 Ea. 6" Fire Hydrants 3 Ea. Water Services .......... 25 Ea. i SEWER SYSTEM I 8 PVC Sewer Main 3,W0 L,F. 4" PVC Sewer Main 400 L.F. Sanitary Sewer Manhol" IS ea, Extra Depth Manholes 102 V ' F STORM DRAIN SYSTEM 12" RC Pipe 200 L.F. 15"RC Pipe 130 L.F Storm Drain inlets . 2 E.' STREET INTPhOVEMENTS' * I Curb and rutter .1.9W LF. Monuments 6 Ea. ,Subbase Material 2.900 C.Y. ("r.lvel Base Course I.7G0 C.Y� AsPhRIt Concrete Surface Course 1.600 Tons D0,14F BY ORDER OF Tll�, I CITY COUNC!L-OF KALISPELL MONTANA. ON THE 7th DW OF May. 1979 Marjorie Giermann City Clerk Mav X Junn 8, 1979, STATE OF MONTANA County Of Flathead N'(MCE OF SALE OF SID 33 BONDS ' ' CrrY OF KALISPELL, MON. TANA NOTICE IS HEREBY GIVEN i by the City Council of the -City of Kalispell. Montana. that the said City Council will. on the IfIth day I of June, 19' 9, at the hour of 7:30 1 p.m. in the Council Chambers of the City Hall in Kalispell, Mon' tana. sell to the highest bidder for-,,' cash. either amortization or serial bonds of Special Improvement District No. =3 of the City (If i Kalispell, Montana. in the total amount of Three Hundred Thou- sand Dollars ($3W,OW.00) for the purpose of defraying the cmt of the construction of designing and constructing a sanitary sewer col- 'I lecilion system. water distribution i' system, and streets in that area t described as Buffalo Head.Addi�.! : tion No. 82. Amortization bor.ds - I will -be the first choice and serial bonds will be the second choice of the Council. The boundames of SID are given in Resolution No. dated March 19. 1979.- _ :. If amortization bonds are sold and issued. the entire issue may 1, be put Into one single bond, or divided into several bonds, as the�� irouncil may determine at. the:j time of saleboth principal and in-.,i est to * %'l I � ' - - .annual inst ilm nEgi rin —Fer, �Rtwy I�y from datei of issue. If ser'al bonds are. issued and 1" oDId, said bonds will be in the,l amount of One Thousand Dollars I (31.0W.00) each, numbered from o we (1) to three hundred (300) 1)oth inclusive. and said bond� /"I become due and payable on 4 the Ist dg.Ajanuary. 1930. TYheEa_i a , wiiRner amor— .tiration bonds orsenal bonds, will bear date of issue Of July 1, lW9, ;!�.idi will bear interest not ex- - ceeding.the maximum rate per . permitted by the laws of the State of Montana, payable ar— rually on the Ist day of january. IM. and on the ist d4y of January ofeaeb year thereafter: provided, however., that�sa:d bonds —and eacir and 211 of the same, shall) be redeemed at tne City of Kalispell at any time when there is suf-, f=ient money in said SID- r-3 - Jimil.agamstwhich said bandsare issued. available therefore. said redemption to be made- as provided by law, provided, further. that the City Treasurer shall first pay out of said SID = Jund. annually, the interest on all 'vatstanding bonds upon presentaio ton of the coupons belonging -tiefeb). and all monies remainmz�, .ko said fund shall be applied to the I 1)2Y-riert Of the principa I and thel redemption of th, bonds in thei order of their registration - Said bonds will be sold for notl .less than their par value with ac-1 'crued interest to the date of. delivery. and all bidders must st2tethe lowest rate of interest ati which the,y will �urchase the bonds at par, The City Camcill reserves the right to reject aryll and all bids and to sell said bomcfs, -4 —iv-te sale. J .. Joan 14. -�ff 1L — — -------- — — being duly �worn, deposes and says: That __Lhe is __�!inciD-;U ---- of the DAILY INTER LAKE, (PRINTER. PUI)LISHER OR PRINCIPAL CLERK) daily newspaper of general circulation, printed and published In the City of Zzlispell,' in the County of Flathead, State of Montana, and ffiat the' --Notice of Sale of SID 328 Bonds a cDpy of which is hereto attached, was printed and published in the regular and entire. issue of said paper, and in each and every copy thereof on the dates of _1La_y__;?5_,3.L_.p.nd June 6, 13. 1 . s. 79 Subscribed and sworn to me this day f -A- D. iq 79 142 Not a -R- All bids other than - oenau the State Board of Land COMM'sl sinners oi fine State Of Montana� must be accomDanied by a cer.1 tilied check i . I , It 1 YI Thousand liars 30, - ) ;ayable-to the or er i e fly Clerk of the i lis 11, Montana, whic forfeit by the successful i er in the - all fail or refuse to event he sh complete the urcha of id bonds in 3ccOr nce wi e terms of his bid. All bids shall be addressed to 'the City council of the City 01 y-l;,Pell. T,, Ontina. and delivered to e City Clerk of said City - ill , - DONE By ORDER. OF THE, t,Ty couNCIL OF THE CITY OF KALI 'TAN A. MON 7M -M DAY Oi MAY, 1979. S/ IAatorie Gier-ann City Clerk 25-31. J_ 6� 13- Im. 7, 449 THE REGULAR =E DIG OF =11, KALISPELL CITY COUNCIL MET AT 7:30 P. M. MONDAY, JUNE 18, 1979 IN THE CO!ffTCIL CHAIMFRS AT CITY 1L�LL. MAYOR HAPP PRESIDED. COUNCID. JAN SAVERUD ABSENT. ALL OTHER COUNCILIKEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of the regular meeting of June 4, 1979 be approved as corrected. Seconded by Councilman O'Boyle. Motion carried. CITY OFFICIALS REPORTS City Clerk and City Treasurer for April, 1979. Police Chief, City Judge and Director of Public Works for May 1979- Councilman O'Boyle moved that all city officials' reports be accepted. Seconded by Councilman Griffin. Motion carried. OPEN BIDS - Sale of S.I.D. 11328 Bonds Bosworth -Sullivan No bid security Denver, Colorado $300,000 Sale Interest Rate - 8.572535% enclosed D. A. Davidson & Co. 300,000 Sale Interest Rate - 8.70% Cashier's Check Great Falls, MT enclosed Councilman Grainger moved to refer the bids to the Finance Committee with power to act. Seconded by Councilman O'Boyle. Motion carried. L__ BIDS - S.I.D. #328 Construction ac OT and C f k ompany [Kalispell License #2760A $244,M.00 Bid Bond enclosed ]E�ftgineerls Estimate - $250,6og.00 C._, Councilman Grainger moved to refer the Street & Alley Committee with power to act. Se., Seconded by Councilman Daley. Motion carried. PUBLIC HEARING - S.I.D. #326 RESOLUTION #3245 There beifig no objectors, Councilman Daley moved to adopt Resolution #3245 a resolution to finalize assessments on S.I.D. #326, Park View Terrace Addition #2. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Jerry Stokes, 1026 Ist Ave. East presented a petition to Mayor Happ which stated "We, the u ndersigned, hereby petition the City of Kalispell to consider passage of an ordinance excluding through commercial truck and busi traffic on First Avenue East from 5th Street to 13th Street. The petition was signed by 84 residents of the area. Mayor Happ referred the petition to the Street & Alley committee. COMMITTEE REPORTS FINANCE Councilman Ruiz reported that preparation for the 1979-80 fiscal budget is under way. The Department of Coinimunity Affairs will be sending some of their personnel to imple- ment a new accounting system for the City. It is called Budget and Reporting System (BARS). They will start on July 9th and will be here from 6 to 8 weeks. ANN,EXATION ORDINANCE #926 Councilman Griff--n read the first reading of Ordinance #926 an ordinance to change Areas H. I� T 5 and !I. Seconded by Councilman Grainger. Roll call vote. All voted aye. Councilman Griffin moved to adopt a change in the Comprehensive Plan for an area out- side the city limits, north of Evergreen to North Vallcy Road. When the City County Planning Board discontinued a small subdivision on E. Evergreen Drive the area became zoned in conflict with the Comprehensive Plan. Seconded by Councilman Granmo. Motion carried. The area covered is in a letter from the KCCPB dated Councilman Granmo reported that he will call the Flathea, County Commissioners 4 to set up a meeting to discuss the next 201 step. Money involved is about �30,000 with 75% federal funding and 25% city and county. SAFETY CouncilmanGra-inger reported a letter from Fire Chief Doty stating he will be out of the State on June 21, 22 and 23 and that Asst. Chief Larson will be in charge. CouncilmanGrainger read a request from Fireman Allen Gustafson asking permission to establish a permanent home at Foys Lake. Councilman Daley moved to refer the request to the Safety Committee for determination and report back July 2, 1979. Seconded by Councilman Zauner. Motion carried. There will be a Safety Committee meeting at noon on Wednesday the 20th of June with Police Chief McDowell, Fire Chief Doty and City Atty. Donahue regarding the enforce— ment of fire lanes. Also, parking unmotorized vehicles and the Selective Traffic Enforcement Plan will be discussed. Councilman Grainger moved that Police Chief McDowell and Asst. Chief Hellman be allowed to go to Helena on Wednesday, June 27th to obtain information for obtaining the Selective Traffic Enforcement Grant. Seconded by Councilman Griffin. Notion carried. They will attempt to obtain the 3 year plan. INSURANCE Councilman Grainger stated that he has proposals for group health insurance from Blue Shield and Blue Cross. The propsals will be discussed Wednesday noon. Councilman Grainger reported that he had worked in the new city hall with the dis— patchers until midnight. Everything worked quite well. More lights are needed outgide. The TV camera works except 2 lights in the back are needed. OPEN BIDS — S.I.D. #327 D. A. Davidson & Company �1,650,000 Bond Sale Security Cashier's check $165,000. Bid — 9.00% Councilman Granmo moved that the bid be referred to.the Finance Committee and City Attorney Donahue with power to act. Seconded by Councilman O'Boyle. Motion carried. Councilman'Granmo moved that Dir. of Public Works Kain be authorized to advertise for construction bids for S.I.D. #327. Seconded by Councilman Grainger. Motion carried. ORDINANCE #924 Hearing the second reading, Councilman O'Boyle moved enactment of Ordinance #924 an ordi ' nance to adopt by reference, "The Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition." Seconded by Councilman Daley. Roll call vote. All voted aye. Mayor Eapp will appoint an Appeals Board in reference to the above ordinance. Mayor Happ appointed Councilman Grainger as city representative for the organization of the 911 emergency system. The Tri—City meeting will be at noon on Wednesday, June 27th at the Outlaw Inn. LETTER OF RETIREMENT — POLICE CHIEF MCDOVELL June 4, 1979 Honorable Norma Happ Mayor, City of Kalispell Kalispell City Hall Kalispell, Montana 59901 Dear Mayor Happ: I intend to retire from the Kalispell Police Department at the end of this zummer, and I want to let you and the council know in sufficient time to select a successor. In order for you to plan accordingly, please accept this letter as fir-m notice that I am retiring, effective September 1, 1979. Needless to add, if I can be of any assistance in selecting a successor, you may count on me. 5, 2) This has not been an easy.letter to write. I have enjoyed the past 21 years of service to the City of Kalispell. I would especially like to thank the citizens of Kalispell for their past support and encouragement,. Now it is time to step aside. Sincerely, eR63 E. McDowell Chief of Police Councilman Grainger moved to accept the retirement of Police Chief McDowell. Seconded by Councilman Griffin. Motion carried. Mayor Happ stated that the retirement of Chief McDowell is accepted with regret and thanked him for his 21 years of faithful service. LETTER OF RESIGNATION- COUNCILMAN WALTER A. GRIFFIN, JR. Walter Griffin 406 Northridge Drive Kalispell, Montana June 17, 1979 Mayor Norma E. Happ City of Kalispell P. 0. Box 1035 Kalispell, Montana Dear Mayor Happ: It is with regret and emotion that I must resign ry position as Ward I City Councilman effective June 30, 1979. My.resignation is due to a transfer with my company to a position in Wyoming. Since my election in 1977, 1 have tried to represent the citizens of Kalispell as I hope they would like to have their thoughts and ideas presented. My involvement in the City -County Plannir.g Board has been an experience I will never forget, and found all the people committed to good planning for our beautiful valley. it has been a pleasure working with you and the members of the Kalispell City Council. I am sorry that I cannot see the Re -zoning and sewer facility plan through. Thank you for your patience and understanding during the many meetings and discussions during the past.two years. Very truly yours, Walter Griffin Ward I City Councilman Mayor Rapp thanked him for the many off -duty hours and asked him to continue to serve out his Board appointments until June 30th. Zauner moved to accept his resignation. Seconded by Councilman Daley. Motion carried. LICENSE & PERMIT BONDS L. C. Shamp Columbia Falls Gas Fitter Continuation.Certificate Ron Hecht dba Ron Hecht Plumbing & Heating, Inc. Plumber -Bond Councilman Daley moved that license and permit bonds reviewed by City Atty. Donahue be approved. Seconded by Councilman Grainger. Motion carried. City Attorney Donahue introduced his new legal secretary, M- — Marsha Wright- 4 He offered her assistance to Mayor Happ and members of the council. Councilman O'Boyle moved to adjourn. Seconded by Councilman Granmo.. Mot -ion carried.. Norma E. liapp, Mayor' ATTEST: --3 City Clerk r#r#lMlWWMMM"p,_ =�� nLISPELL CITY COUNCIL Mie - pinFln, 'Committee, To wh= his been refe=ed SID 327 for bond bid, SID 328 �f or bond bid, and -awarding of said bids. XA11S=, ImNTANA June '21 IQ79 MO, MMMONDRAME HAYOR AND CITY COUNCIL The Finance 'Committee has awarded the following bond bids: SID 327 in the amount of $1,650,000.00 of bonds t-o D-A. mavidson & Company. SID 328 in the amount of $300,000-00 of bonds -to D.A. -Davidson Z rCompany. Berewith attached the two awarded bid contracts. llespectfulay zubmitted, cr: SID 327 32 8 Li P Canmittee Chad --man 4S 'd TEE REGULAR I = FXG AND FINAL BUDGET HEARING OF THE CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, AUGUST 13, 1979 LIT TEE COUNCIL CHAMB E AT CITY EATJ - MAYOR HAPP PRES ALL COUINCILM, I WERE PRESENT. APPROITE Y1INUTES Councilman Saverud moved that the Minutes of August 8, *1979 be approved as corrected. Seconded by Councilman Smith. Motion cazrieed. ADDRESSING THE COUNCIL Rich Hadley, acecutive Director of -the Chamber of Commerce, asked for a votlet of support for special election to be held-Septembex 4th for improvements to Glacier Internationsl Airport. Councilman Smith moved that the Kali * spell City Council go on record to support the improvements to Glacier International Airport at the September 4th election. Seconded by Councilman Grainger. Motion carr5ed- Director of Public Works Kain stated -that the Overall Economic Development Program for Flathead County has been updated and will be available to interested persons. Paul Palmer, Realtor, addressed the council to ask if zoning would be discussed tonight. He was told that it would not be discussed tonight but would be on the 20th. COMMITTEE REPORTS FINANCE Councilman Ruiz hsd no report. AMUMTION Councilman Smith had no report. EMPLO=I)T Councilman Zauner had no.report. PAM Councilman Daley moved to authorize 11-motor of Public Works Kain to advertise for bids for construction of asphalt Toad in Woodland Park. Seconded by Councilman Grainger. Motion carried. STREET & ALLEY Councilman 011oyle reported a request by Antone Gu=ion, Yalispell Taxi, to rent three parking meter spaces at Ill 2nd. St. West for his taxi service and moved that the request be granted. Beconded by Councilman Za-uner. Meter spaces are R28, R30, and P31; rent is $7.50 per month per meter and the Chief of Police is directed to see that the spaces are not used for any other purpose than taxi parking. Question called.. Motion carried. ORDER IN SIDEWALK AND CURBING Councilman 013oyle mbved to ox-cler in sidewalk and curbing as follows: Proposed sidewalk, curbing and gutter improvements for -the City of Kalispell, k1ontana. WTICE GFO=C, CONSMLT—TION OF CURBII%r, Kalispell Addition 1�b. 7 Block 243, Lots 1 and 12 Being on the South side of Ninth Street East between Sixth Avenue East and Seventh Avenue East. M)TICE ORDERITr� CONSTRUCTION OF SIDD=S AND CURBING Kalispell Original n1rv-1r 7A - Tr)f- I Boing on the south side of 4th S�reet west between First Avenue V�est and Second Avenue V�est. NOI`ICE� ORD =-%L)G CONgrRUCTION Or SIDUNIALKS Kalispell OriSlinal Block 132, Lots 17 & 18 Being on. the east side of lst Avenue I�Zest between 10th Street West and llth Street IZest. Block 233, Lot 2 Being on the west side of 2nd Avenue East North between East Oregon Street and East Washington Street. Block 33, Lot 7 Being on the ncr�h side of lst Street " 1�est between 2nd Avenue I -Zest and Third Avenue West. NC9!=- QRD=NG CON-,�>ION OF SIDEHAIRS, CUIRBINGS AND GUITER Kalispell original Block 85, Lot 1 BeinSL on, tha south side of Sth Street East between Main Street and Ist Avenue East., SO4, NM, Sec. 7, T.28N., R.21W. Tracts- 8XA, 8LB, 8N, 8IB and 81. Being on the north side of 1,Z2st 1-%�yoirning Street betveen U. S. Highway 93 and North Main Street. Seconded by Councilman Daley.. Xotion carried. Councilman G'Boyle moved to authorize Director of Public Works Kain to advertise for bids for complete reconstruction on. 2nd Ave. 1-1est from 2nd. St. to 4th St. Secondfzd by Council- man. Daley.. Motion- carried.. of new curbing Gzancilman G'Boyle moved to delete constrUction/from 4th Street to �th Street West. Seconded,by Councilman Zauner- Motion carried. Gbamciaman 0 Boyle reported that the Street & Alley Committee and City Council, with power to has- declared Pack & Company the low bidder for Schedules I & II on S. I.D. #327 in tha amount- of $1,277,188..87. A "llotice to Proceed" will be given only if all financial ax=angements-are met.. E.. F.'. Matelich's bid on Schedule III for $242,000 will be reviewed for adjustment and/or modification. 0 'Boyle reported that the Street & Alley Committee, with power to act, ha's de & �.mo ti3 of- any the low bidder on S.I.D. #328'in the amount of $244,771-00. "No C�P wj I Proo—= e given- as soon as financial arrangements are complete. Councilman OrBoyle reported a letter from Stanley Flagg, 1146 South Main with a problem which has- been-- resolved by- himself and Police Chief McDowell. Councilman 0,'EoylL- reported that they did not have a quorum at the last TAG meeting. flowever-, they- reconfirmed the status of priorities for Kalispell and adopted the Traffic Action Program.. The naxt TAG meeting will be at 9:30 A. M., September 18th at the office of the Highway Department. Gouncilman- (PBoyle moved that Pack & Company's contract for S.I.D. #326 be approved for extension through August 31,, 1979. The contractor has completed the main items and only clean up, work. j_-� left. to be finished. Seconded by Councilman Daley. Motion carried. Gaunailman.WT3byle moved to authorize Director of Public Works Kain to ask Pacific Power & LiEIit tor install necessury lighting in the City parking lot behind the bowling alley bet-.4ce-z lst. Avenue and 2nd Avenue West. Seconded by Councilman Zauner. Motion carried. CITY Dwnor'1404T Councilman Saverud reported that the Clerk, Treasurer, Finance Director, Water Department and Building Department have moved back into the remodeled water department building- The committee along with Architect Schwartz met on July 30th, inspected the building and accepted all but the mechanical part. Brown Appraisal has been hired at a cost of $350 to appraise Block 69 of the Redevelopment Program. They have approved a contract with Thomas, Dean & Hoskins, Engineers for a survey. When the survey is complete they can then proceed to advertise for, sale. RESOLUTION #3251 The EDA Storm Drain Project for the WestlJorth area of Kalispell being complete and approx- imately $lt,000 grant money remaining, Councilman Granmo moved that Mayor Happ be authorized to sign Change Order #'? in the amount of $3,873-00 to utilize the balance* of the project funds. Said change order will be used for additional asphaltic concrete work, in conjunct- ion with new curb, gutter and sidewalk being installed by the City on West Wyoming, east of U. S. #93 an area that was excavated to install the storm sewer. Seconded by Councilman Grainger. Roll call vote. All voted aye. SAFETY Councilman Grainger had no report. ADOPT FINAL BUDGET FMOLUTION #3252 Councilman Ruiz moved adoption of Resolution 7#32,152 a resolution adopting the final budget with the following changes: 1) In the General Fund, the Golf Course will show $1500.00; 2) Titles in the Sewer Department will be changed to Transmission & Collection and Waste- water Treatment Plant; 3) S.I.D.Is will read: #326 - $15,300; #1327 - $1,650,000; -hr,328 - $300,000 and #329 - $134,700; Total - $2,100,000. Total General Fund :Budget is $1,746,850. and Total Budget is $8,848,708. Seconded by Councilman Saverud. Roll call vote. All voted aye. Taxable valuation for the year 1979 is $15,583-300. RESOLUTION #3253 Councilman Ruiz moved adoption of Resolution #3253 a resolution making the annual tax levy for the City of Kalispell for the year 1979 as follows: General All -Purpose - 68.00 mills Liability Insurance - 4.80 mills Health Insurance - 4.60 mills Retirement (PERD & Police) - 5.30 mills SID Revolving - __!.�O mills TOTAL 84.20 mills Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Finance Director Swanson explained that the ordinance covering the levy for capital improve- ment allows it to be dropped this year and picked up next year. There will be no capital impro,,ement levy for street and/or fire departments this year. The SID Revolving Fund has been increased from .5 to 1.5 this year to make bond sales for SID's more attractive. MSCELLANEOUS Councilman Saverud moved to approve the appointment by Mayor Happ of Paul Palmer to the Parking Commission for a 3 year -term from August 1, 1979 to June 30, 1982. Seconded by Councilman O'Boyle. Motion carried. APPOINT DEPUTY CITY CLERK RESOLUTION #3254 Councilman Ruiz moved to approve the appointment by Mayor Happ of Wanda E. McDowell as Deputy City Clerk. Seconded by Councilman Saverud. Roll call vote. All voted aye. Councilman Sinith reported that rezoning of all those portions of the City that have not already been rezoned with the exception of downtown will be ready for the first read-ing of ordinances at the Au,-ust 20th meeting, PURCHASE PAF=1(2 LOT Councilman Saverud moved a-p roval of -the pu--chase by the -Parking Commission of a corner p lot 50f x 1421 at lot Avenue and lot Street -Bast. Seconded by Councilman 013oyle. Motion carried. Mayor Eapp reminded councilmen -that there will -be a.meeting- at 9:30 A. M., Friday, Angust 17th regardins worldn.- in Main Street with the Redevelopment Plan. Friday noon the Annexation Committee will -meet with -Councilman Smith. Councilman Savexud moved to adjourn. Seconded by Councilman O'Boyle. Motion carried. ATTEST: Prjorie Giemmann, City Clerk -Norma E. Eapp, May63� Honorable Mayor & City Council Members City Hall Kalispell, MT 59901 Ladies and Gentlemen: D.A. Davidson & Co. Montana's Oldest June 18, 1979 tnvestment Firm P.O. Box 1118 32 Second Street West Kalispell, Montana 59901 (406)755-6212 Offices: Billings, Butte, Great Falls, Helena, Missoula Corporate Office: Davidson Building Great Falls, Montana 59401 Members: For $300,000.00 par value of legally issued and properly executed Midwest Stock bonds of Kalispell, Montana Special Improvement District Number 328 Exchangeinc. as more fully described in the Official Notice of Sale, which Notice Pacific Stock of Sale is hereby made a part, of this proposal, we will pay you par Exchange Inc. plus a total premium of $177.00 and accrued interest from the date. of I . the bonds to the date of delivery to us in Kalispell,,Montena for bonds rnatum I ing January 1. 1999, dated July 1, 1979, and bearing various coupons I in - s�ph combinations that 'the total interest paid on any individual bond will not exceed 8-.701%. Prior to our accepting delivery of said Securities, you agree to furnish a certified transcript of all legal proceedings requisite to their issuance and delivery, including proceedings required for the creating of said Special Improvement District, and for the execution of a contract and surety bonds in the full amount of such contract, assuring the completion of the improvements to be financed by the bonds in accordance with the plans and specifications and at a cost, including all incidental costs, not exceeding the principal amount of the bonds and including a signature and non -litigation certificate in the customary form to the effect that there is no pending or threatened litigation involving the special improvement district. This proposal is made subject to the unqualified approving opinion of bond attorneys to be designated by us, as to the legality of the bonds, as to the interest being free from Federal and State of Montana income taxes, and subject to the establishment* by the city in said proceedings, in the opinion of said attorneys of the maximum security for the bonds which is permitted by the provisions of Title 77 Chaptez 2,� parts 41 and 42, Montana annotated. Said maximum security is to include the adoption, of a resolution by the city agreeing to issue orders annually authorizing loans or advances from the Revolving Fund to make good any deficiency in the pr'Yt ncipal and interest account to the extent funds are available, and to provide funds for. such Revolving Fund by making a tax levy and loan as the city determines necessary. - 2 - The bonds are to be delivered to us an or beforO August 15v 1979, or thereafter at our option. The cost of the printing of these bonds will be paid by D. A. Davidson & Co. and the fees of approving attorneys wi" be paid by us. We herewith hand you our Good Faith check for S30,000.GO as evidence of our good faith in complying with the terms and conditions of this proposal which is to apply as part payment for said bonds when the legality or security of same has been approved by our attorneys, and to be forfeited as fully liquidated damages should we fail or refuse to take up said bonds as above provided. Said check is to be returned to us if this proposal is not accepted, or if the above attorneys should decline to approve the legality or security of this issue. This offer is for immediete acceptance. Respectfully submitted, 0. A. DAVIDSEIN t; CO. By� Accepted for and on behalf of .Montana pursuant. to authorization by its governing body and rec pt of the above mentioned check acknowledged, on this date 717 ATTEST: r a) till 1 .04 ORDINANCE NO. 759 AN ORDINANCE CREATINI THE SPECIAL !MPROVEMErT DISTRICT REVOLVING FUND O�` THE CITY OF :ALISPELL, NONTAIIA, IN ORDER TO SECi�.i'2 PRODTT PAY?4ENT 01-- BO��a; ISK'-D WITH RESPECT TO ii?iROV-EOITS IN SPECI:.', DISTRICTS OF THE CITY, AND THE !-NTZB�;ST ESTABLISHING AN IRREVOrAoTE UND71-AXTNG OD O�T ':-;iP P!.RT OF T�- CITY W !QSZ 01: %RS WWALK ANTNOP 17101 L! 10' OR ADVA75ES FROM THE REVOW11C FUND TO THZ WC&L W1 W !T DTXTaICT FUNDS INVOLVED IN ATIOUVTS StIFF70E-7 TO KAKZ !�'u ATY DEFICIENCY IN THE 151D AND 15TWE 0 ACCOUNTS THEREOF TO THE EXTENT THAT FUNDS ARE AVAILABLE, ,ND TO PROVIDE FUNDS F,�-1 THE REVOLVING FUND BY ANNUILLY MAKING SUCH TKT LOY OR LOAN FROM THE GENERAL FUND AS MAY BE NECESSAFY TO MWT THE JWANCIAL RFOUIPE-1ENTS THEREOF, S;,,1.7_,�CT TO THE MAX,7NmM !MPOSED BY RCM 11-2270; 1,1,i' )V D NG FOR TT-0 ACCIIAZZAGN AND MAI10TENWE OF A RESERVE IN THE REW-W FUND 1N THE AMOUNT NECESSARY FOR PAYMLINT AND REDEZ�TT-fl' OF BONDS AND INTEREST WE IT ORDICUTED BY TQ CITY COUNNCIL OF THE CITY OF WZISPELL, MONTANA, AS TOLLOWS: Sect.ion 1. Under and pursuant to the provisions of Sections 11-2269 to 11-2273, inclusive, of the Revised Codes of Montana 1947, as amended, there is hereby created and nn�ablished a specicl fund which shall be maintained by the City Treasurer on t4a fficial books and records of the City, separate from all other funds, to be known and designated as the SpeW 7 To- ---cment District Rerolwtng Fund, for the purpose of securing the promip, of special im- provement district bonds issued in payment of the cost of improvem-nts --ade for the benefit of special improvement districts of the City. Section 2. For the purpose of proviling funds for the Revolving Fund -the My Council may in its discretion, from time to time, transfer to the Revolving Fund foom the General Fund of the City such amount or amounts as may be deemed necessary, as loans from the General Fund to the Revolving Fund, and shall, in addition to such transfers or in lieu thereof, levT and collect for the Re- volving Fund such a tax on all the taxable property within the City as shall be -necessary to meet the financial requirements of the Revolving Fund; provided that .zuch _11evy, toFether with such transfers, shall not exceed in any one year five jer wentum (5%) of the principal amount of the then outstanding special improve- .mant.district bonds of the City. Section 3. Whenever any special improvement district bond of the City, mr any interest thereon, shall become due and payable and there shall then be either no money or not sufficient money in the approDriate district fund with --whieh to -pay the same, an amount. sufficient to make un the deficiency shall be 2oaned, by order of the Council, by the Revolving Fyn� to such district fund and used, with the amount then on hand in the district funi, to pay such bond and dntercso. '�,`-nenever'any loaa is made to any special improvement district fund from the Tevolving 7und, the Revolving Fund shall have a lien therefor on all unpaid assessments and dnotallments of assesszents on such district, whether delinquent or -not, and d on all moneys thereafter comi"g into such district fund, to the amoiat vf such -loa:a, to, -.ether with interest thereon from the time it was made at the rate borne by the bond for payment of which, or of interest thereon, such loan iwaz made; and whenever there shalibe moneys in such district fund which are not required for payment of any bond of such district, or of interest thereon, so much Df -such moneys as may be necessary to pay such loan shall by order of the .6.i� V - Council be transferred to the Revolving Fund. After all bonds issued on any special improvement district fund have been fully paid, all moneys remainin,- in such district fund shall by order of the Council be transferred to and become part of the Revolving Fund. Section 4. The City of K-alf'spell has undertaken and agreed in con- nection with the public offering o-' Special improvenent District No. 30-3 Bonds, and dc.-fs hereby covenant, underta.!�,:! and agree with the holder::;.of these bonds and all other special improvement district bonds -to be offered at public sale in the future, so long as any s.uch bonds, or any interest thereon, remain unpaid, that it will annually authorize loans or advances from the Revolving Fund to each fund from which such bonds are i - )ayable (each such fund being referred to below as the District Fund), and -will provide funds for the RevolvinIg Fund by annual tax levies or loans from the General Fund, in accordance with the following procedures: (a) Separate bond and interest accounts shall be maintained on the official books and records of the City, within each District Fund. Upon the collection of the installment of principal and interest due November 30 in each year on the special assessments levded and anpropriated to the District Fund, the City Treasurer shall credit to the In' terest Account -so much thLreof as may be necessary to Day interest to become due on all bonds payable from the District Fund an the then next succeeding interest pay-ment date, and shall credit the remainder thereof to the Bond Account. Any installment of any special assessment which is paid prior to the year in -which it is due, with the interest accrued thereon to such payment date, shall be credited directly to the Bond Account. (b) The Interest Account shall be used solely to pay the interest due at annual interest payment dates on the bonds issued against the District Fund. The Bond Account shall be used, whenever and to the extent that funds are avail- able therein, for the redemption of such bonds in order of their registration numbers, and the payment of interest accrued thereon to the date of redemption, in accordance with RC,14 11-22311. (c) A deficiency shall be deemed to exist in the Interest Account if ever the. balance on hand -therein, f iffteen days prior to any date on which interest is due on the bonds payable from the District Fund, is insufficient to pay such interest in full. A deficiency shall be deemed to exist in the Bond Account on .any date on which there are not sufficient moneys in said Account to pay all principal due on any bonds payable from the District Fund, A deficiency. shall also be deemed to exist in the Bond Account on any date on which interest is due on bonds payable from the District Fund, unless the City has then or theretofore redeemed bonds in a principal amouns equal to the sum -of all Installments of special assessments paid prior to their due dates, plus a fraction of the remain- ing principal amount of the special assessments originally levied and appropriated to the District Fund, equal to the nuza)er of installments of such assessments then and theretofore due divided by the total number of installments in which such special assessments are permitted to be paid. (d) The City Council, not less than fifteen days before the date when interest is due on bonds payable from any District Fund, shall issue an order authorizing a loan or advance from the Revolving Fund to the District Fund in an amount sufficient to make good any deficiency then existing in the Interest Account thereof, and on any principal or interest due date shall issue an order authorizing a loan or mal�e good any deficiency then existing in the Bond Account thereof, to the extent that funds are available in the Revolving Fund6 In the event that the balance on hand in the Revolving Fund fifteen days prior to any date when interest is due on special improvement district bonds of the City is not sufficient to make good all deficiencies then existini7 in the Interest Accounts of District Funds, such balance shall be allocated to the District Funds in which such de- ficiencies then exist, in proportion to the amounts of the respective deficiencies on that date. Any money subsequentl- y received in the Revolving Fund shall be alloca�ed to the Interest Accounts of District Funds in which deficiencies exist -2- in proportion to the amounts of the deficiencies on the re * spective dates of receipt of such money, until all interest accrued on special improvement district bonds of the City has been paid. On an-,- date -,:hen all su�a accrued int�-rest has been any balance remainir g 4n tre Rev,,,I-ri : -ur,(! shall be loaned or advanced to th%: 3cnd Accounts of District Funds in which defdciencif�s t*,-.--!n exist, in amounts proportionate to the respective amounts of such 4eficioncipj. (e) At. the same time as the 'evy for general taxes is certified r coilection in eac". year, lae C-*�7,� Coua,-J�'; ;:;a.'4-.e a tax levy c.i all the ble p ce —x.a - rxo�,�rty wi-,*- -'c City of i-i - T--, c- i a-.:iount i�s shall be ne s- sary, together with any amounts there.fore tranz;fezzt��d to the Revolving Fund from the General Fund, to accumulate in the Revolving F-und, within a period not exceeding three years fron, and aft�-r the issucuice of bonds for any sp�-,ciai im- provement district, and to -ma.I,-,tain all a balance equal to fifteen Der centum, of t.-le przinc`,��a' �,j� aj-3 outs issues of sp��cial improvement district bonds, subject maximum I-`, itation as to rate or L-iount n' su.;-h ta-1-1-. ;a! funds d2' !W�Cl Siich ta;z lev%, and transfers sh.-.11 be irrzc--v��--bly to the Revolving Funr�, and used on-'.y for the purposes forth in -%ais or�;inance, until all special improvement district bonds of the City and ;�l interest thereon are fully paid. -1 Section 5. The balance required in Section 4(e I to be ace-,,-,mulated and raintained " n th.�- Re-�rrllvin.7 Frund is determined to be the i;:;7inum az�- ,t in-:,7essary ars a reseri.- for and redem,-tion of maturin.- special inprover,--,t district boad�; and i-�-.terest of the Cit-.-. hothing herein shall nrevcnt the Ci-,:- Co--i ��il from, apDropriating to the Revolving Fund from other funds -properly av,:,-Lla�ole therefor amounts in excess of the minimum reserve established herein, or from transferring such excess amounts to the General Fund or using such excess amounts for 'the purchase of ?roperty against -w.hich unpaid assessments are outstanding pursuaxrc to RCmt l'1-2273; but the City expressly covenants and agrees -with the holders from time to time of all of its specip:7, improvement district bonds that no such transfers or purchases will be made at any time in such manner as to reduce the reserve in the Revolving Fund below the amount herein agri-ed to be mai.ntai�ed. 'I%e Revolving F�md will be deposited in a duly qualified tlepos-itory bank and secured at all times as required by F.cm i6-2618, but no time deposit s shall be made- for a period e.�-,ceeding one hund,.ed eighty (180) days, and the City Council is also authorized to invest all or any portion of the reserve in direct obligations of the United States government, payable within not to exceed one hundred eighty (180) days from the time of such investment. Section 0'. This ordinance shall be :in full force and effect from and after its passage and approval. Passed and adopted by the City Council of the City of Kalispell, Montana, this 13�--1-1.day of 1�ny 1968, and approved by the Mayor of said City of Xalispell this 13th. day of .111y , 1968. 1, George Beardslea, City Clerk of the �C.�'- of Yalispell, Montana, do hereby certlfv that on thc, I&th day of Hay, I posted a cc- - p��-bf ti e foregoing - ace in mv office and 'the ainp ted for"a peri of five ord, nEi s da,,!s and the foregoing is a true and��171:t co"y of,, 2ance as passed by the Cit.,.,, Council. CitV C�eTy-of the gity of Kalispell, Montana CERTIFICATION OF MINUTES RELATING TO $300,000 Special Improvement District No. 328 Bonds Issuer: City of Kalispell, Montana Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on Sept. 10 , 1979, at 7:3O___o1clo'C'_k P M. at. Council Chambers, City Hall - Kalispell, YIT Members present: Councilmen Louis A. Ruiz, Ann M. Smith, John A. Zauner, Francis T. O'Boyle, Wayne Saverud, Lauren.G. Granmo and Howard G. Grainger. Members absent:� Councilman Forrest W. Daley. Documents Attached: Minutes of said meeting (pages): -:9- 2- RESOLUTION NO. 3258 RESOLUTION AWARDING SALE OF $300,000 SPECIAL IMPROVEMiENT DISTRICT NO. 328 BONDS, AND PRESCRIBING THEIR FORM AND TERMS AND COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS THEREOF I, the undersigned, being the duly qualified and acting recording offficer of the public corporation issuing the bonds referred to in the title of this certificate, certify that -the documents attached hereto, as described above, hlave been carefully compared with the original records of said corporation in my legal custody, froi-ft which they have been transcribed; that said documents are a correct and complete transcript of the minut-es of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as 'they relate to said bonds; and that said ineeting was duly held by the governinq bo3y at the time and place and �,,7as attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 10thday of Sept. 1979. (SEAL) si-qnature Marjorie Ciermanri, 'City Clerk Name an(I Title Council Member Louis A. Ru-iz I introduced the following resolution and moved its adoption: RESOLUTION NO. 3258 RESOLUTION AWARDING SALE OF $300,000 SPECIAL IMPROVEMENT DISTRICT NO. 328 BONDS, AND PRESCRIBING THEIR FORM AND TERMS AND COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS THEREOF BE IT RESOLVED by the City Council of the City of Kalispell, Montana, as follows: Section 1. Recitals. It is hereby found, determined and declared as follows: 1.01. By Resolution No. 3226, adopted March 19, 1979, this Council declared its intention to create Special Improve-ment District No. 328 for the purpose of making special improvements within and for the special benefit of said district, which resolution designated the number of the district, described the boundaries thereof, and stated the general character of the improvements to be made therein, in accordance with the provisions of Montaana Code L Annotated, Title 7, Chapter 12, Parts 41 and 42. By said resolution -this Council also declared its intention t'-0 cause the cost and expense of making such improve-m.ent to be assessed against the properties included within the boundaries of the district. 1.02. Notice of the passage of said resolution was given by publication five times in the Daily Inter Lake, a legal, dailv newspaper published within the City and bv mailing a copy of such notice to every person, firm, or corporation, or the agent of such person, firm or corporation, having real property within the proposed district "Listed in his name upon the last completed assessment roll for state, county or school district taxes, at his last k-noiqn address. Said notice described the general character of the improvements proposed to be made, stated the estimated cost- of the improvements, designated the time when and the place where the' Council would hear and pass upon all. protests made against '-the making of such improvements or the creation of such district, and referred to the resolution of intr-�ntion, designated above, as being on file in the ' office of the City Clork for tlie description of the bOLindariles of said district, all as provided in said resolution of intention. 1.03. At the time and T)lace specified in the notices hereinabove described, this Council met to hear, consider and pass upon all protests made against the making of such improvements for the,creation of such district, and after consideration thereof, it was determined and declared that insufficient Protests against the creation of the district or the proposed work had been filed in the time and manner provided by law by the owners of the property to be assessed for said improvements,.and the Council did therefore by Resolution No. 3237, adopted May 7, 1979, create Special improvement District No. 323, and did order the proposed improvements in accordance with the resolution of intention designated in paragraph 1.01 hereof. 1.04. Plans, specifications, maps, profiles and surveys for construction of the improvements in S.pecial Improveiment District No. 328 were prepared by the engineers acting for 'the City, and were thereupon examined and approved bv this Council. An advertisement for bids for cons truction of said improvements was published in the official news�--aper of the City on May 30 and June 6, 19'79, calling for bias to be received on June 18, 1979, on which date the bids theretofore received were o-oened and examined. Afte'- -referring the bids to the engineers for the Cit-v it- was determined that the lowest regular proposal fo-r the furnishing of all work and materials required for construction of said improvements in L accordance wil th approved plans and specifications was the .proposal submit-LeYby Pack and Company, in Kalispell; Montana, whose bid specified unit prices aggregating 'the sum of zS244,771.00, based upon quantities of work and materials ted in the plans and specifications. A contract for const-ruction of said im-oroveaients �-.,as therefore awardled to said bidder, subject to the .-ight of owners of property liable to be assessed to elect- to take the work and enter into a written contract therefor in the manner provided b-,).7 Montana Code Annotated, Section 7-12)-41147, which election -the property o-,,-jner,,:; -failed to make, whereupon the City and said bidder entered into a written contract for construction of said im-oroveiments upon -the bidder having executed and filed a'satisfactory bond with respect thereto. L 1.05. It is presently estimated that the cost and expense connected with and incidental to the formation of said improvement district, including costs, of preparation of plans, specifications, maps, profiles, engiaeerinq supe.-in-tendence an3 inspe-'ct-ion, preparation of assessment rolls, expenses of making the asses�sments, the cost of work and materials under the cons truction contract, and all other costs an(I expenses, will be $300,000, which -2- amount will be levied and assessed upon all property within the improvement district on the basis described in the resolution of intention. The Council has jurisdiction and is required by law to levy and assess such balance, to collect such special assessments and credit the same to the special improvement district fund created for said district, which fund is to be maintained on the official books and records of the City separate from all other City Funds, to be used solely for pay ' ment of interest when due on the bonds herein authorized and for redemption of such bonds in order of their registration whenever and as often as the balance in said fund after payment of interest due is sufficient for the purpose. 1.06. For the purpose of paying the total cost and expense of making the improvements, which is t�o be assessed against the property within the district, this L_ L Council called for the sale of bonds in -the principal amount of $300,000. After a public sale noticed and conducted in accordance with applicable statutory provisions, -the bonds were sold to D.A. Davidson & Co., of Great Falls, Montana. 1.07. All acts, conditions and things required by the Constitution and la,Ws of the State of Montana, including L J_ Montana Co6e Annotated, Title 7, Chapter 12, Parts 41 and 42, in order to make the bonds herein authorized valid and binding spec al, obligations in accordance with their ter.ms and in accor-Qance with the terms of this resolutLon have been 'done, do exist, have happened and have been performed in.regular and due form, time and manner as so required. Section 2. Special Improvement District No. 328 Bonds. For t-1-le purpose ot paying the costs and expenses incurred in construction of the improvements authorized to be constructed in Special Improvement District No. 328, and in anticipation of collection of special assessments 7,4 to be lev-ed therefor, and in accordance with the public offering and contract*of sale described in paragraph 1.06 hereof, the City of Kali -spell shall forthwith issue and deliver to the purchaser its Special Improvement District No. 328 Bond's in 'the total principal amount of $300,000, payable solely from the Special Improvement District No. 328 Fund. The bonds shall be dated and registered as of July 1, 1979 and shall he 300 in number and numbered serially from I through 300, each in the denomination of $1,000. The bonds shall mature on January 1, 1999, subject- to redomption and prepa-yment-prior thereto in accordance with Section 3,her--of. The bonds shall be payable to bearer, and shall bear interest fro-m their da'Ce of registration until called for redemption or paid in -3- full at the rate of 8.70% per annum. Interest shall be payable on the lst day of January of each year, commencing January 1, 1980, represented by coupons appurtenant to each -bond. Section 3. Pavment of Principal and Interest. The principal of and interest on 'the bonds shall be payable at the office of the City Treasurer. The interest shall be paid by -the City Treasu * rer from the Special Improvement Districit No. 328 Fund on presentation of the coupons belonging thereto when due, and any balance remaining in the fund shall be applied to the payment of the principal and the redemption of the bonds in the order of their registration as evidenced by their serial numbers. Whenever there is any balance in the fund after paying the interest due on all bonds drawn against it, the City Treasurer shall call in for payment outstanding bonds in an amount which, together with the interest thereon to the date of redemption, will equal the amount of the fund on that date. The date of redemption shall'be fixed by the City Treasurer, who shall give notice by publication once in a newspaper published in the City and by written notice to anv holder or holders of such bonds if their addresses be 'I'known, of the numbers of the bonds and the date on %,7hich payiment will be made, which date shall be not less -than ten days after the date of publication or Of t 4 service of no ice. On the date so fixed *interest shall cease. Section-4. Form of Bonds. The bonds and the interest coupons appurtenant thereto shall be drawn in substantial1v the form set forth in Montana Code Annotated, Section 7-12-4202, as more fully set forth in Exhibit A attached hereto and by this reference made a part hereto. Section 5. Execution, Registration and Delivery of Bonds. The bonds shall be prepared under the direction of the City Clerk and*shall then be signed bv the facsimile signatures of the Mayor and Clerk, and the interest coupons appurtenant thereto shall be executed and authenticated by the printed, lithographed or engraved facsimile signatures of the Mayor and Clerk. The bonds and coupons of each issue shall then be registered in order of their serial numbers by the City Treasurer, as of July 1, 1979, and shall be delivered by the -City Treasurer to the purchaser upon payment of the par value thereof plus a premium of $177.00 and accrued interest from the registration date to the date of such �9elivery and payment. The purchaser shall not be obligated to see to the application of the -purchase price., but the proceeds of -4- the bonds shall be credited by the City Treasurer forthwith to the Special Improvement District No. 328 Fund, and used solely for the payment of the cost and* expenses necessarily incurred in the completion of the improvements heretofore ordered, except that the accrued interest received shall be applied in payment of interest on the bonds when due. Section 6. pecial Improvement District No. 328 Fund. 6.01. There is hereby created and established a fund designated as "Special Improvement District No. 328 Fund,'' which shall be maintained by the City Treasurer of the City on the books and records of the City separate and apart from all other funds of the City. Within said Fund there shall be maintained separate accounts, designated as the "Bond Account" and "Interest Account," respectively. Upon the collection of the installment of principal and interest due on November 30 of each year on the special assessments to be levied with respect to the improvements in said District, the City Treasurer shall credit to the Interest Account in the District Fund so much of said special assessments as is collected as interest payment. Any installment of any special assessment paid prior to its due date with interest accrued thereon to the nearest bond call date shall be credited with respect to principal and interest payments the same as other assessments are credited to the District Fund. All moneys in the Interest Account and the Bond Account shall be used first to pay interest due, an& any remaining moneys shall be used to pay bonds. Redemption of bonds therefrom shall be in order of their registration numbers, and interest shall be paid as accrued thereon to the date of redemption, in accordance with the provisions of Montana Code knnotated, Sections 7-12-4203 and 7-12�4206. 6.02. The Council shall annually or more often if necessary issue an order authorizing a loan or advance from the Special Improvement District Revolving Fund to said District Fund in In account sufficient to make good any deficiency then existing in the interest Account in said District Fund, and shall issue an order authorizing a loan or advance from the Revolving Fund to the District Fund in an amount sufficient to make good any deficiency then existing in the Bond Account of said District Fund to the extent that moneys are available in the Revolving Fund. Pursuant to Ordinance No. 759, the City has undertaken and agreed to provide funds for the Revolving Fund by levying such tax or making iuch loan from the General Fund as authorized by Montana Code AnnotaLed, -5- Section 7-12-4222. 'In the event that the balance on hand in the Revolving Fund fifteen days prior to any date when interest is due on special improvement district bonds of the City is not sufficient to make good all deficiencies then existing in the improvement district fund for which the City has promised to make loans from the Revolving Fund, the balance on hand in the Revolving Fund shall be allocated to the funds of the i-m-orovement district. in which such deficiencies then exist in proportion to the amounts of the deficiencies on the respective dates of receipt of such money, until all interest accrued on such special improvement district bonds of the City has been paid. On any date when all accrued interest on improvement district bonds of the City payable from funds for which the City has promised to make loans from the Revolving Fund has been paid, any balance remaining in the Revolving Fund shall be loaned or advanced to the improvement district fund for payment and redemption of bonds to the extent the improvement district fund is deficient for such -purpose, in an amount proportionate to the amount of such �eficiency. A deficiency shall be deemed to exist in the Bond Account of the Special Improvement District No. 328 Fund on any date on which interest is due on bonds payable therefrom unless the City has then or theretofore redeemed bonds in a principal amount equal to 'the sum of all installments of special assessments paid prior to their due dates plus a fraction of the remaining principal amount of the special assessments originaliv levied and appropriated to said Improvement D-Lstrict- Fund equal to the number of installments of such assessments then and �Lheretofore due divided by t-he total number of installments in which such special assessments are permitted to be paid. Section 7. Covenants. The City of Kalispell covenants and agrees with the holder from time to time of each of the bonds issued pursuant to this resolution that until all such bonds and interest thereon are fully paid: 7.01. The City will hold the Special Improvement District No. 328 Fund and the Special Improvement District Revolving Fund described above as trust funds, se-paratEe and apart from all of its other funds, and the City, its officers and agents, will comply with all CoWenants and agreements contained in this resolution. The provisions hereinabove made with respect to the Tmiproveiment District Fund and Revolving Fund are in accordance with the undertaking and agreement of the City made in connection with the public offering of the bonds herein authorized. a M, 7.02. The City will do all acts and things necessary to enforce the provisions of the construction contracts and bonds referred to in paragraph 1.04 and to assure the completion of the improvements in Special Improvement District No. 328 in accordance with.the plans and specifications and within the time therein provided, and will pay all costs thereof promptly as incurred and allowed, out of the Special Improvement District Fund and within the amount of the bond proceeds appropriated thereto. 7.03. The City will do all acts and things necessary for the final and valid levy of special assessments upon all property within the boundaries of Special Improvement District No. 328 in accordance with the Constitution and laws of the State of Montana and the Constitution of the United States, in an aggregate principal amouit not less than $300,000. Such special assessments shall be.levied in accordance with the basis therefor prescribed in the resolution of intention described above, payable in annual installments over a period of twenty years, each annual installment being due in an amount equal to one -twentieth of the principal amount of each assessment, with interest on the whole amount remaining unpaid at the rate or rates borne by the bonds, interest being payable with principal installments. The assessments to be levied will be payable on the 30th day of November in each of the years 19SN'through 1911, inclusive, if not theretofore paid, and 4 shill become delinquent an that date unless paid in full. The first partial payment of each assessment shall include interest on the entire assessment from the date of registration of the bonds herein authorized to January 1, 19FOr and each subsequent partial payment shall include interest from one year on that payment and then remaining balance of the special assessment. The assessments shall constitute a lien upon and against the property against which they are made and levied, which lien may only be extinguished for payment of the assessment with all penalties, cost and interest as provided in Montana Code Annotated, Section 7-12-4191. No tax deed issued with respect to any lot or parcel of land shall operate as payment of any installment oF the assessment thereon which is payable after the execution of such deed, and any tax deed so issued shall convey title subject only to the lien of said future installments, as provided in Montana Code Annotated, Section 15-18-309. 7.04. If at.any time and for whatever reason any special assessment or tax herein agreed to ble levied is held invalid, the City ana this Council, its officers ana employees, will take aVl steps necessary -to correct tho same and to re -assess and levy the saKe, including the -7- ordering of work, with the same force and effect as if made at the time provided by law, ordinance or resolution relating thereto, and will re -assess and re -levy the same with the same force and effect as an original levy thereof, as authorized in Montana Code Annotated, Section 7-12-4186. Any special assessment, or re -assessment or re -levy shall, so far as is practicable, be "Levied and collected as it would have been if the first levy had been enforced including the levy and collection of any interest accrued on the first levy. 7.05. There is now no litigation threatened or pending questioning the validity or regularity of the creation of Special Improvement District No. 328, the contracts for construction of improvements tZherein or the undertaking and agreement of the City to levy special assessments therefor and to make good any deficiency in the collection thereof through the levy of taxes for and the making of advances from the Special Improvement District Revolvinq Fund, or the right and power of the City to issue the bonds herein authorized, or in any manner cruestioning the existence of any condition precedent to the exercise of the City's powers in these matters. If any such litigation should be initiated or threatened, the City will forthwith notify in writing 1--he original purchasers of the bonds herein authorized and will furnish the Durchasers with a copy of all documents, including -'1eaaings, in connection with such litigation. 7.06. The City will make no use of the proceeds of bonds hereunder which, if such uses had been reasonab-1v e-x;De---ted on the date of issue thereof, would have caused them to be arbitrage bonds under the provisions c- Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations thereunder. Section 8. Authentication of Transcript . The City officers are hereby authorized and directed to furnish to t-he purchaser of said bonds, and to the attorneys approving legality thereof, certified copies of* all proceenings relating to the issuance of said bonds and such other certificates and affidavits as may be required to show the right, power and authority of the City to issue said bonds, and all statements contained in and shown by such instruments, including any heretofore furnished, shall constitute re presentations of the City as to the truth of the statements purported to be shown thereby. Section 9. Effective Date. This resolution shall be in full force and effect from and after its passage. Passed and ado-Dted by the City Council of Kalispell, Montana, this 10th day of September , 1979. Approved: Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member _.Francis T. -O'Boyle , and upon vote being taken thereon, the following voted in favor thereof: Councilmen Ruiz, Smith, Zauner, O'Boyle, Saverud, Granmo and Grainger and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. _10- immeals UNITED STATES OF AMERICA STATE OF MONTANA SPECIAL IMPROVEMENT DISTRICT NO. 328 Interest at the rate of 8.70% per annum. Payable on January 1, 1980, and annually thereafter on the lst day of January in each year. SPECIAL IMPROVEMENT DISTRICT NO. 328 BOND Issued by the City of Kalispell Flathead County, Montana ff" $1,000 The Treasurer of the City of Kalispell, Montana, will pay to bearer on or before January 1, 1999 the sum of ONE THOUSAND DOLLARS as authorized by Resolution No. 3237 as passed on the 7th day of May, 1979, creating Special Improvement District No. 328 for t--he construction of the improvements and the performance of work as authorized by said resolution to be done in said District, and all laws, resolutions, and ordinances _re,1at_J-,ng thereto, in payment of -L-he contract in accordance therewith. The principal of and interest on this bond are payable -at the office of the City Treasurer of Kalispell, _%lontana. This bond bears interest at the rate of eight and seventv hundredths percent (8.70%) per annum. from the day of registration of this bond, as expressed herein, until the date called for redemption by the City Treasurer. The interest on this bond is payable annually on the first day of January in each year, unless paid previous thereto, and as expressed by.the interest coupons hereto attached, which bear.the engraved facsimile signatures of the. Mayor and City Clerk. This bond is payable from the collection of a special tax or assessment which is a lien against the real estate within said Improvement District, as described in said resolution hereinbefore referred to. . This bond is redeemable at the option of the City at any time there are funds to the credit of said special improvement district fund for the redemption thereof, and in the manner provided for the redemption of the same. 'The date of redemption shall be fixed by the City Treasurer, who shall give notice by publication once in a newspaper in Kalispell, or at the option of the City Treasurer, by written notice to the holders of such bonds if their addresses be known, of the numbers of bonds and. -,-the date on which payment will be made, which date shall not be less than ten days after the date of publication or of service of notice on which date so fixed interest shall cease. IT IS HEREBY CERTIFIED AND RECITED, that all things required to be done, precedent to the issuance of this bond, have been properly done, happened and been per- formed, in the manner prescribed by -the laws of the State of Montana and the resolutions and ordinances of the City of Kalispell, Montana, relating to the issuance thereof. Dated at Kalispell, Montana, this lst day of July, 1979. CITY OF KALISPELL (Facsimile Signnm MAYnn, imil (Fa � e Signature) CITY CLERK (SEAL) Registered at 'the office of the City Treasurer of:7 Kalispell, Montana, as of this ls-- day of July, 1979. City Treasurer R100 (FORIM OF COUPON) , F. Unless the bond described below is called for earlier redemption, on the first day of January, 19 the City of Kalispell, Montana, will pay to bearer at the office oic the City Treasurer of Kalispell, Montana, the amount shown hereon in la-,,;ful money of the United States of America, -from the special tax or assessment referred -to in the bond to which this coupon appertains, for interest then due on its Special Improvement District No. 328 Bond, dated July 1, 1979, No. �/" e" ��/- (Facsimile Signature) (Facsimile Signatu?�') CITY CLERK MAYOR TIC, REGULAR ljEE�I'ING OF THE- -KALISPELL CITY CO!P1,TCIL WAS HELD IN TITF, COUNCIL CHAI�M M��S AT CITY HALL RT 7:30 P. M., MONDAY, SEPPE-DDR 10, 1979. MAYOR HAPP PRESIDED. COUNCILMAN DALEY ABSF-,'T. ALL OTHER COUTITOI12,1EN WEREE PRES 1EITT. MAYOR H.APP REPORTED THAT COUNCILMAN DALEY IS HOSPITALIZED A1,TD HAD TRIED TO BE DISCHARCED TO ATITEND THIS ML—,ETING, BUT HAD BE,21I ADVISED NOT TO DO SO. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of August 20, 1979 be approved as presented. Seconded by Councilman Smith. Motion carried. OPEN BIDS - Asphaltic -Concrete Paving - Woodland park Firm Security Contractor's Bid Number American As-ohalt Inc Bid Bond 2736A $14,617-50 Pack & Company !nc Bid Bond 276oA 14,958.54 Councilman O'Boyle moved to refer the bids to the Parks Committee with power to act. Seconded by Councilman Saverud. Notion carried. If Chairman Daley cannot act, Councilman O'Boyle will assist. OPEN BIDS - Street Reconstruction on Second Avenue West - 2nd to 4th Streets Firm Security Contractor's Bid Number Pack & Company Inc Bid Bond 2760A $45,614.22 American Asphalt Bid Bond 2736A 38,771.80 Councilman Zauner moved to refer the bids to the Street & Alley Committee with power to act. Seconded by Councilman Smith. Motion carried. PUBLIC HFAMTG - Pederson Annexation ORDIYANCE #935 , Hearing no opponents, Councilman Smith moved first reading to enact Ordinance #935 an ordinance to extend the city limits to include Pederson Addition #106 with usual park requirement. Seconded by Councilman Zauner. Roll call vote. All voted aye. PUBLIC HEARING - Ronnie Sheppard Application for Gaming License - VFW Club Councilman Grainger moved to accept the application of Ronnie Sheppard for a gaming license at the location of the VFW Club at Ill Main Street. Seconded by Councilman Zauner. City Attorney Donahue interjected the fact that Mr. Sheppard has been convicted of a gambling violation in 1976. Mr. Sheppard was asked about this and he reDlied that he was convicted of a misdemeanor and that his dealers license had been suspended for 6 months at that time. Councilman Saverad moved to table the motion to approve -until the gambling committee can review and make a recommendation. Seconded by Councilman Zauner. Motion carried. ADDRESSING THE COUNCIL Garmen Meadows, owner of the Meadows Real Estate located at the premises described as Lot A, Resubdivision of parts of Lots 9, 10, 11 and 12, Block 105, Subdivision No. 72 (33-35 8th St. E.) presented a request that the council pass a motion to instruct the City Attorney to enter a compromise jud[pent in the pending suit (Case 29789 - an action brought by the City of Kalispell at request of Board. of Adjustment in that he is in violation of a variance granted several years ago) with terms and conditions as follows: 1. Said building may be utilized as a "professional office" building as defialed by the zonin.� laws of the City of Kalispell, except that no medical or dental profession shtll be peintitted. 2. Acknowled�,c that there zro two separatt� existing offices in the building with two separate entrances and two separate addresses. 3. There shall be no further oxpansion of the building rermitted. 4. There shall be no more than two separate businesses allowed to occupy the building at any time. 5- Occupants of the building shall be urged to park in legal parking spaces south of the premises. 6. A21 signs on the exterior of the building must be mounted flush with the building and there shall be no more than three signs permitted on the exterior of the builiin.- with no more than 64 square feet total sign area. Maximum size of any sign shall be 32 square feet. 7. No more than 10 persons shall be permitted to occupy said building for the purpose of performing routine office duties. It is my understanding that all of the above items were agreed upon at the above mentioned meeting except for item #7. It is my hopes that my suggested wording on that one last issue will be acceptable so that we may get this settled -without having to resort to trial in d-istrict court. Councilman Saverud moved to accept the BOA recommendations with the exception of #7 which would read 9 persons. Seconded by Councilman Zauner. Discussion followed with input from councilmen and area residents. What is meant by 'routine office duties'? Does this mean just secretaries or all employees? Does it include the boss? Councilman Smith moved to amend the motion to read 'occupied or employed in said building exclusive of customers'. Seconded by Councilman Granmo. Sterling Rygg stated that he would like to see the suit go ahead and be decided by the court. Mrs. Rygg- stated that their only exit is the alley and there is a lot of fa.9t traffic - some of which is due to attorneys offices and the courthouse, but some is due to the real estate office. Councilman Ruiz stated that he had looked at the situation and the parking several times and can see no traffic problems caused by Mr. Meadows business. He should be allowed to run his business with whatever personnel he deems necessary to the operation. Who will police the business as to number of employees? Question called on amendment. Motion carried. Question called on motion. Notion carried. City Attorney Donahue -will prepare offer to Mr. Meadows' attorney. COMMITTEE REPORTS FINANCE RESOLUTION #3255 Councilman Ruiz moved adoption of Resolution #3255 a resolution to approve a transfer among appropriations within a general classification of expenditures ending the fiscal year, June 30, 1979. Seconded by Councilman Smith. Roll call vote. All voted aye. RESOLUTION #3256 Councilman Ruiz moved adoption of Resolution #3256 a resolution to transfer within the City Hall maintenance budget line item Office Equipment Maintenance to Water in the amount of $1,000.00. Seconded by Councilman Saverud. Roll call vote. All voted aye. RESOLUTION #3257 Councilman Ruiz moved adoption of Resolution #3257 a resolution to transfer S & C Sinking INmds to close out S & C sinking funds for the years 1967, 19068 and 1969. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. RESOLUTION #3258 Councilman Ruiz moved to adopt Resolution #3258 a resolution awarding sale of $300,000-00 Special Improvement District No. 328 Bonds, and prescribing their form and telmis and covenanto of the City for the security of -the holder s thereof. Seconded by Councilman O'Boyle. Roll call vote. A21 voted aye. A7'j- " V Councilman Ruiz reDorted that the =-ual clerk's -report was sent to the DCA office in Helena on August 23, 1979. Councilman Ruiz reported that the finance commit -tee met and reviewed -the claims for August and moved that all claims found to be in order be paid. Seconded by Councilman Grainger. Motion carried. ANNEXATION Councilman Smith reported that the annexation committee needs more time to review the rezoning on the Bertschi Addition and that item will remain tabled. ORDINANCE #934 Having considered the second reading of Ordinance #934 on rezoning of certain areas within the City, Councilman Smith moved to enact Ordinance #934. Seconded by Council- man Zauner. James R. and Bette L. Gilbert presented the following letter to Mayor Happ and Council- men: September 9, 1979 Dear Mayor Happ and Council Members: As joint owners of lots 18, 19, 20, and 21 of Baker's Southside Addition to Kalispell, we are opposed to the proposed B6 zoning designation for our property. Said lots and the buildings thereon are currently for sale. The narrow restrictions of allowable uses as stated in the B6 classification make the property impossible to sell. Because it is not a through street First Avenue West carries a minimal amount of traffic south of lith Street,. This fact., combined with the proximity of the property to the city maintenance shops, makes retail trade, resort business, or recreational use very unrealistic. The streets providing access to the area axe such that tourists could never find their way to any business at that location, nor would they even be aware of its existence. We are recommending that you reconsider the zoning for th6 area in question and change the south boundary of the proposed B3 zoning area, between First Avenue West and Airport Road, to l8thStreet South. Respectfully, /p/ Bette L. Gilbert Isl James R. Gilbert James R. and Bette L. Gilbert Councilman Smith calls(! on Zoning Commission Chairman Haarr for a review of the decision of the commission on this area. Mr. Haarr stated that there was very little input from anyone south of Korn Buick down Airport Road. The commission had felt that B6 would encourage tourist types of business and they had weighted in favor of the lighter commercial area. Mr. Gilbert apologized for being late with his request and explained that he had been out of town a great deal. Councilman Saverud moved to amend Ordinance #934 that everything in B6 West of Airport Road be deleted for review. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Question called on original motion. Councilmen O'Boyle and Grainger voted nay. All other councilmen voted aye. Ordinance enacted. COMPREHENSIVE PLAN Y-JrLFAU= Councilman Smith moved to accept the recommendation of the City County Planning Board to amend the Comprehensive Plan in an area on Buffalo Hill west of Grandview Drive, east of and includin.- !Torthridge Heights, SOU-Lh of Park View Terrace and North of Kalispell Regional Ilospital from urban and low density to high density. Seconded by Councilman Saverud. Mayor Happ directed that it show in the minutes that Councilman Daley wanted to leave the hospital to attend this meeting. Steve Petrini, Executive Director APO, displayed a map and showed the various changes in the area being considered. Besides the. change in density, the recommendation is to make a through road from LaSalle to Highway #93'. Councilman Grainger asked why we do not want to zone the area commercial because of traffic problems and then change to high density residential which would create as much extra traffic as commercial. Mr. Petrini explained that this area had always been considered by the CCPB as best for residential because of the availability of city services and that at the 1974 plan the maximum residential was 10,000. With this change it would increase to about 14,000. Looking ahead to increased residential needs this area is the best. Bill Wheeler, 15 3rd. Ave. East read the council a letter which stated in part that Northridge, the golf course, hospital and other developments on Buffalo Hill are situated on some of the best gravel deposits in Flathead Valley, and this is true of the proposed mall development. Prior to any development, some method of salvage and use of this gravel should be devised. Also, traffic on Highway-#93 at this site is about to reach the saturation point. Mr. Wheeler suggested that the Kalispell Redev- elopment Group, Flathead County commissioners and the Kalispell City Council build a suitable courthouse complex at this site, even if we must bond the County. in essence, Mr. Wheeler continued, I am for zoning this area as commercial and public and annexation to the city provided the above problems are properly handled. Attorney Dan Johns, representing Developers Diversified, proposed developers of a 50 acre tract in the Buffalo Hill area, addressed the council with the fact that 3 acres within the area being considered has already been zoned commercial (Buffalo Hills Apartments and Commercial Addition #84). The 50 acres being considered for a mall is suitable because it is available and vacant; follows the growth of the City; there is a need for a mall which is evident if you go to the Southgate Mall in Missoula and see the number of Flathead County -Vehicles; the market has been studied by an unbiased firm in Spokane; major tenants have been contacted; Stahly Engineers & Associates have estimated that the mall would use 15,000 gallons of water per day compared to a possible 2000 residential units at 280 gallons per day. Mr. Johns stated that the Highway Department has been contacted regarding the extra traffic. The mall, with its own fire protection devices, would be less likely to require services from the fire department than residences. He added that Kalispell merchants should not fear competition, as free enterprise is a good way of life and they would gain more than they would lose. Attorney Johns concluded by saying that anyone speaking on construction of the mall should state whether or not they have a special interest. The League of Women Voters went on record as supporting the recommendation of the CCPB to amend the Comprehensive Plan. They do not oppose construction of a mall, but object to the proposed location because of the extra traffic and extra water run-off. Jim Thompson, architect for Taylor & Then, stated that he has worked with the CCPB for 7 years and with the rezoning for 2 years and had worked with the Gateway West Mall with no special interest. He would like to insure that this area being discussed stay residential area. Missoula had 3 or 4 site choices and the community decided where they would locate. Bill Janes, Contractor, stated that he is a resident of Northridge Heights and for that reason opposes building a mall in the area. Councilman IZuiz stated that when the council was first approached, representatives of Developers Diversified were told that they could not have city services unless they annexed. They were also told that the Comprehensive Plan would have to be changed before the area could be annexed. Now that he has been informed that part of this area was annexed as commercial zone without a change in the CP and that this has been with- held either knowingly or unknowingly, Councilman Ruiz moved that in -the absence of Councilman Daley, the motion to amend the Comprehensive Plan be tabled until the next regular meeting, September 17th. Seconded by Councilman O'Boyle. Councilman Ruiz said the plan might have to be modified. He wants to visit with constituents. The hien density would create more traffic and.more demand on city services than a mall. Perhaps it should be left zoned R3 or R�. Question called. Motion carried. Mayor Happ declared a recess at 10:00 P. M. Meeting reconvened at 10:10 P. M. EDTLOYPY-AITT Councilman Zauner had no report. STREET & ALLEY REQUEST BY HEDGES SCHOOL TO BLOCK 5TH AVRME EAST Councilman O'Boyle moved to grant permission to Hedges*School on 5th Avenue East from 8th to 9th Street on school days from officials are liable for placing and removing same. If this sawhorses are not kept inside a building when not in use, the Seconded by Councilman Grainger. Motion carried. Officials to place sawhorses 8 A.M. to 4 P.M. and school is not complied with and privilege will be revoked. The request by J. Austin Miller and Stewart Carpets to have parking meters installed beginning at the corner of Center Street and Third Avenue West (on the south side of the street), easterly to the corner of Center Street and Second Avenue West, thence south on the west side of Second Avenue West; thence west on the north side of First Street West will be acted on after Mr. Miller's new office building is built. The Flathead Safety Council will meet for breakfast at 7:30 A. M. at Perkins on September 12th. Councilman O'Boyle requested someone from Street & Alley, Safety, Fire and Police to attend as they will be discussing parking at Flathead High School. CITY DEVELOPMENT ORDINANCE #933 Having heard the second reading, Councilman Saverud moved to enact Ordinance #933 an ordinance approvi-Tig the Kalispell Downtown Redevelopment Plan for the City of Kalispell as an urban renewal plan and the feasibility of relocation; authorizing the Mayor to implement the plan with powers contained in the urban renewal law. Seconded by Council- man Smith. Roll call vote. All voted aye. Councilman Saverud moved that the Director of the Community Development Department be authorized to advertise for bids for demolition, clearance and site preparation of Lots 2 througli 6, Block 69, Kalispell Orjg4 al in Ord. Ave. West between 3rd and 4th Streets) with bid opening October lst. Seconded by Councilman Smith. Motion carried. Councilman Saverud moved that the reappraisal value of the above lots established by Brown Appraisal Service on August 27th, 1979 at fair market value of $77,500 based on HUD approval for Elderly Assisted Multi -Family Housing be accepted. Seconded by Council- man Zauner. Motion carried. Councilman Saverud moved that the Director of the Community Development Department be authorized to advertise Lots 2 through 6, Block 69 Kalispell Original be advertised for sale. Seconded by Councilman O'Boyle. Motion carried. Director Gallagher announced a public meeting in the council chambers at 7:30 P- M-, Tuesday, September Ilth on direction for application for funding in the amount of 1.5 million dollars. SEWER & WATER Councilman Granmo reported that attendance was low at the September 6th 201 meeting held at the Evergreen School. A recommendation is being drafted to EPA for funding to continue studies and plans for a sewer system for Kalispell and surrounding areas. Councilman Granmo reported that the WestNorth Storm Drain is complete except for a small change order for street repairs and final inspection will be this Wednesday at 9 A.M. The EastNorth Storm Drain and Street Reconstruction Project is still scheduled for bid letting on December Ilth. SAFETY Councilman Grainger reported that the bid for 2 police c ars was awarded to Hines - Chrysler -Plymouth for 2 1980 Plymouths. The request by Wheatons Cycle and Toy.for a bicycle rack will be resolved by next meeting. Councilman Grainger moved to confirm the appointment by Mayor Eapp of Martin Stefanic as police chief. Seconded by Councilman O'Boyle. Motion carried. LICENSE & PERMIT BONDS Michael Will dba Mike Will Electric Electrician Continuation Certificate ,Councilman Grainger moved that all license a nd permit bonds reviewed by City Attorney Donahue be accepted. Seconded by Councilman Saverad. Motion carried. Chuck Houston, 1314 2nd St. We st presented a petition signed by 29 property owners of Meridian Lots and Storm's Meridian Lots as follows; We property owners of Meridian Lots and Storm's Meridian Lots hereby challenge the validity of the variances and subsequent building permits which have supposedly been granted Kalispell Welding Works. We invite members of the City Council, Zoning Board, and Board of Adjustments - to examine the enclosed recorded Agreement to Deed of one portion of this business, signed by Clinton and Velma Houston and Wally and Alfred Getz, in which the Buyers ag-reed to fence and contain all parts of this business from public view. It is very evident, this agreement has been flagrantly abused. This condition .has been questioned at other times with very little enforcement or satisfaction. The Meridian Lots adjoining Storm's Meridian Lots are zoned residential. It is long past due that we have the support of the Council, Zoning Board, and Board of Adjustments in getting this deplorable mess cleaned up --or revoke a questionable variance. City Attorney Donahue told Mr. Houston that the statute of limitations on the agreement has expired - -that the agreement was between property owners and had nothing to do with the City - that he should have done something a long time ago if the situation was not satisfactory. The area will be reviewed by the zoning commission and City Attorney Donahue will look at the petition and agreement. Mayor Happ appointed the following persons to the Board of Appeals which is necessary since the council enacted the ordinance for abatement of dangerous buildings: Bob Erickson Joe Montgomery Karen Barbee Bill Heinecke Charles Tillson Councilman Saverad moved council confirmation of the appointments. Seconded by Council- man O'Boyle. Motion carried. Councilman Saverud moved to adjourn at 10:35 P- M. Seconded by Councilman Smith. Motion carried. Norma E. Ha -op, Mayor ATTEST: Marjo4,ie Giermann, City Clerk 7 JC, ou-- inappiicaablle vurL-.- viiC' zlank---indlc�ted b�,., asteris,:s (*) (Fill in all blnnk�� not f�o Insert "none" whcre appropriate STATE OF IMITAYA CERTIFICATE AS TO ORGANIZATION AIM Ss FINANCIAL CONMITION OF COUNTY OF CITY OF Kalispell We, the undersigned, being the duly qualified and acting Clerk and Treasurer, respectively, of the City of Kalispell in the County and State aforesaid, and as such having custody of and access to the books and records of the City relating to the matters hereinafter stated, hereby certify that, as appears by such books and records and as hno-an to us, the following statements are true and correct: 1. Said City has been a duly organized city or town for more than 87 years and is now governed by the general 'laws of the State relating to cities of the lst class, operating under the Mayor-Cou-ncil form of gover=enl. Its popula- tion, according to the 1970 United States census, was 10,351 , and its estimated present population is 13,000. There are in said City approximately 6,294 registered voters, of whom approximately 90% appear upon the last preceding assessment rolls for State and County taxes as taxpayers upon property in said municipality. 2. The territory included within its boundaries lies wholly in the County of Flathead , excent and tomprises a-p-proxima-lely acres. Said City is divided into 4 wards, each of which constitutes a sin --le electian precinct, emn=MXXXRX5ftE= Ward Number Number of Precincts 19 3. The CitY is Coverned, by a !,iayor and 8 Aldermen. The follcw_ ing named persons hold the offices set opposite their names and for the terms stat.ed below: Name Office Term Began Term Ends Norma E. Happ Mayor May, 19 77 May, 19 81 Marjorie Giermann Clerk -Appointed J%9c 19-.28- May, 19 Gail V. Bruch Treasurer May, 19 77 May, 19 81 Norbert Donahue City Attorney -Appointed May, 19 78 May, 19 Louis Ruiz Alderman May, 19.79 May, 19 83 Ann Smith jfiy?; 19 79 May, 19 81 John Zauner yin y, 19 79 may, 19 83 Forrest Daley May, 19 77 Ma y, 19 81 Wayne Saverud S t ff4k;K 19 77 May, 19 81 Francis O'Boyle May, 19 79 May, 1983 lauren Grarno ma y, 19 77 May, 1981 Howard Grainger May, 19 79 May, 19 83 4. Under the by-laws and ordinances of said City, regular meetings of the City Council are held on, the lst & 3rd Monday of each month ,. 7:30 o'clock P M., and notice of special meetings is required to be gi-,,en (4r6XV-) giving reasonable notice thereof. (in w3riting) to all members ( days)*( hours) in advance. 5. The following are all of the newspppers published in the City and the days of their publication: Name Daily Inter Lake Kalispell weekly News Days of Publication 6 1 6. The City (kju:� * (has not). by ordinance adopted as authorized by Revised Codes of 1947, Sec. 84-471.5, provided for the levy, collection, and equali- zation of manicipal taxes by the City. (If such ordinance has not been adopted, paragraph 6.1 may be dele-Led.) 6.1 The assessment books showinC the value of the ta.,�able property in the City as escertsined b�, the last assessment for State and Count%- teyes Drevicus to t'"e date hereof, as uorrecLea PU�7:-uant '�o o-' �Lhe local an,-' sLa-�e boards 0!' equalizazion in zhe year 19 , are kept and maintained in our office or offices and show the full cash value and the taxable or assessed value of said proper-:y I as follows: Full Cash Value Assessed or Taxable Value Real Property $ $ Personal Property $ $ 7. The total outstanding indebtedness of said City (as of June 30 19 79 and the cash assets of said City were as follovs: 7.1 OUTST-ANDING BOLIDS: (list each issue separately) Date of Years of Interest Interest Pay- Amount Issue Purpose Maturitie s Rate ment Pates Outstanding 5/1/68 Sanitary Sewer 15 4.85 May & Nov. 34,000.00 l/l/72 Sanitary Sewer 20 5.50 July & Jan. 130,000.00 7/1/76 Storm Sewer 20 July & Jan. 445,000.00 7.2 Of the outstand-ing bonds listed in 7.1, the following were issued pursuan- to v'ute of the ta.>-payers affected thereby for the purpose of constructing a sewerege system or procuring a -water supply or constructing or acquiring a water system for "he City, which water supply or syst-em is owned and controlled by the City and the revenues from which are devoted to the payment of such debt, or which bonds were issued to refund such water or sewer bonds, viz.: Date of Issue Purpose 7.3 Of the outstandin., bonds listed 4-r 7.1 the folloving are payable only from revenues of the system or undertaking with respect to which they were issued: 1968 Issue 1972 Issue 1976 Issue PurDose Sanitary Sewer Sanitary Sewer Storm Sewer 1. r� 't .4 As of , '.9 , the City ha�� on hand ca-zh appropriated to payment oi tne principal of and inceres,; on bonds described in 7.1 as followc- Date of Issue Puroose AL-ount of Cash 1968 Issue Sanitary Sewer) 1972 Issue Sanitary Sewer) $48,798.23 1976 Issue Storm Sewer) Sewer Bond Reserve $63,420.00 7-5 The City maintains the following general funds (exclusive of those main- tained for payment of principal of and interest on bonds) and had cash therein and outstanding unpaid warrants or orders drawn thereon as follows: Name of Fund Cash on Hand Warrants Outstanding 7.6 The City had outstanding special improvement bonds or warrants, and had funds on hand for payment thereof, as follovs: Vature of Immrovement Armouznt Outstanding Cash on Hand S.I.D. #302 - Sanitary Sewer 23,500.00) S.I.D. #306 - Water Main 6,000.00) S.I.D. #307 - Sanitary Sewer 23,000.00) S.I.D. #308 - Sanitary.Sewer 6,000.00) S.I.D. #309 - Water Mains 3;500.00) $11,414.95 S.I.D. #312 - Water Mains 1,500.00) S.I.D. #313 - Water Mains 14,000.00) S.I.D. #315 - Water Mains 67,000.00) S.I.D. #316 - Sewer Lines 37,000.00) S.I.D. #321 - Street Improving 10,500.00) S.I.D. #322 - Curbs 64,000.00) S.I.D. #324 - Storm Sewer & Improvements 66,000.00) S & C Warrants 156,750.00 10,334.50 7.7 Tiie C-it,1- had no other general or special Indebtednecs of any kind and no other cash or sirLilar assets except as follows: DescriT)Tion Amount of Obligation Amount of Asset R =915 8. There is no litigation threatened or pending questioning the organi- zation or boundaries of said City or the right of any of the above -named persons to their resDective offices or questioning the right and power of the City and its officers to issue bonds for any purpose or to levy, collect, and apply taxes or other revenues for the payment of any bonds of the City. 9. The seal affixed below is the official cor-Dorate seal of said City. WIMMS our hands and the seal of said City this 10th day of Sept. ., 1979. City Clerk City Treasurer (SF.AI) 20 STATE OF M01rIATIA COUNTY C:111K'S CERTIFICATE AS To CITY OF K-UISPELL COUNTY OF FLATHEAD The undersigned, being the duly qualified and acting County Clerk of the County and State aforesaid, does hereby certify as follows: 1. The City of Kalispell is a duly organized end existing municipality situated wholly within said County. 2. Said municipality has not provided by ordinance for the collection of its taxes by its own officers. The assessment books showing the value of the tax— able property in said municipality, as ascertained by the last completed assess— ment for state and county taxes previous to the date hereof, as corrected pursuant to actions of the county and state boards of equalization in the year 1979, are kept and maintained in my office and show that the full and true value and the taxable value of such property are as follows: Full and True Value Taxable Value $ 176,996,806.00 $ 15,583,300.00 3. in addition to the State of Montana and the aforesaid County and said municipality, the follcwing public corporations or taxing authorities have power to i=ose taxes upon prope_rty lying within said municipality. Name of Taxing District School District No. 75 WITNESS Ly hand and official seal this 4�day of County Clerh (SEAL) WAIVER We, the undersigned, being all of the owners and mortgagees of the property located in Special Improvement District No. 328 (the District) of the City of Kalispell, Montana (the City), hereby certify as follows: 1. We have received from the City the notice of intention to create the District and have no objection to the creation thereof. 2. We waive any' rights which we may have to protest or object to the creation of the District, the construction of the improvements to be constructed therein, the levy and collection of special assessments against land within the District, or the issuance and/or payment of the principal of and interest on $300,000 Special Improvement District No. 328 Bonds of the District arising out of any defect, error or omission in proceedings taken to date by the City with respect to the District or Bonds. Dated: Sept. 7, 1979 BANK OF COLUMBIA FALLS By Its Exec. Vice President M FALO HEA6 /kIlOPERTIES Its STATE OF MONTANA ) ) ss. CITY TREASURER'S COUNTY OF FLATHEAD) CERTIFICATE AND RECEIPT I, the undersigned, being the duly qualified and acting City Treasurer of the City of Kalispell, Montana, hereby certify that I did, as of the lst day of July, 1979, register each and all of the $300,000 Special Improvement District No. 328 Bonds of the City, dated as of July 1, 1979, and maturing on January 1, 1999, under Registry Nos. 1 through 300; that on the date of this certificate I received from D. A. DAVIDSON & CO., as purchaser thereof, the purchase price of the Bonds computed as follows: Par Value P r e i,-, i u m Less Goo,-] Faith Check Accrued interest from July 1, 19710, -to date hereof, at the rate of 8.70% per annum Tot'al Purchase Price Less Good Faith C'fteck- $300,000.00 177.00 -30,000.00 $270,177.00 and that I -the--eup(--)n delivered the Bonds to said purchaser. WITNESS mv hand officially as such City Treasurer this r day of �� C'1,116-41-� , 1979. City Treasurer STATE OF MONTANA 'I ) ss. SIGNATURE AND NO -LITIGATION COUNTY OF' FLATHEAD) AND AR_T�)ITRAGE CERTIFICILTE We, NORMA E. HAPP, AND MARJORIE GIE-Q-1,1ANN, being respec- tively the Mayor and City Clerk of the City of Kalispell, Montana, hereby certify that, in our official capacities as such officers', we caused true and correct facsimiles of our signatures to be affixed, to $300,000 Special Improvement District No. 328 Bonds of the City (the Bonds) dated as of July 1, 1979, and I, GAIL V. BRUCH, City Treasurer of said City hereby certify that I did, in my official capacity, as of July 1, 1979, affix the official seal of the City and register each and all and sign my own proper name to the Bonds. The Bonds are 300 in number and numbered serially in order of their registration from 1 through 300, each in the denomination of $1,000. The Bonds are payable to bearer and bear interest. from their date of registration until called for redemption or paid in 'Lull at the rate of 8.70% per annum, payable on the first day of January of each year, beginning January 1, 1980, and on January 1, 1999, unless paid prior thereto. We further certify that we are now and were on the da-te of signing such Bonds the duly qualified and acting officers indi- cated therein and duly authorized to execute the same, and we hereby ratify, confirm and adopt the facsimile signatures on the coupons attached to each and all of the Bonds as the true and proper sig- natures for the execution thereof. We further certify that the Bonds have been in all re- spects duly executed for delivery pursuant to authority conferred upon us as such officers; that no obligations other than those above descr-ibed have been issued pursuant to such authority7 that none of the proceedings or records which have been certified to the purchaser of the Bonds or to the attorneys approving the. legal- ity thereof has been in any manner repealed, amended or changed except as shown by the proofs furnished; and that 'there has been no material chanqe in the financial condition of the %City or the facts affecting the Bonds, except as shown by the proofs so fur- nished. We further certify that there is no litigation threatened or pending questioning the organization or boundaries of the City or the right of any of us to our respective- offices or in any manner questioning our right and power to execute and deliver the Bonds or otherwise questioning the validity of the Bonds or the levy of any taxes or special assessments to pay the principal thereof and interest thereon and that no sufficient petition requesting a referendum has been filed with respect to any of the resolutions of the City Council authorizing the issuance and sale of the Bonds or any proceedings preliminary thereto. We further certify that -on the basis of the following facts, estimates and circumstances in existence on the date of this certificate, it is not expec-IC-ed that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal. Revenue Code of 1954, as amended, and of Treasury Regulations, Sections - 1.103-13, 1.103-14 and 1.103-15; such facts, estimates and circum- stances being as follows: (1) The Bonds are being issued for the purpose of financ- ing improvements in Special Improvement District No. 328 of the City (the Project) (2) Based upon the most recent estimate of cost of the Project by Thomas, Dean & Hoskins, Inc., the Project is expected to cost the following: Construction: $ 244,771.00 Engineering and Inspection: 36,000.00 Contingency: 19,229.00 TOTAL: $300,000.00 (3) The City has entered into a contract for the construc- tion of the Project in the total sum of $244,771.'00. The sum is not less -than 2-1/2% of the total amount which the City expects to spend toward construction of the Project- (4) Work on the Project will proceed with due diligence to completion, and based upon the -report by Tho-mias, Dean & Hoskins, Inc. , the Project will be completed by 150 Calendar days 1 2101.1 from date of "Notice to Proceed". (5) The City will receive $ from the purchaser of the Bonds. This amount represents a payment of: $300,177.00 for the principal of 'the Bonds plus $- representing accrued interest on the Bonds from July 1, 1979, to date hereof. (6) Of the amount set forth in (5), $ will be used to pay the costs of the Project as set f6rth -in(2) $_ 1,250.00 will be used to pa.�7 Costs of issuance of the Bonds, including advertising and printing costs, finan-cial. advisors' and counsel fees, and similar expenses, and $ will be used to pay the first interest to become, due on the Bonds. (7) The amount to be purchaser of the Bonds, less the does not exceed the amount to be the Project by more than 5%. received by the City from the costs of issuance of the Bonds,. spent by the City to construct (8) The City expects to spend on the Project, within three years from the date hereof, at least 85% of the amount,set forth in (5). (9) The Project has not been and is not expected to be sold or otherwise disposed of by the City during the term of the Bonds. (10) The principal of and interest on the Bonds are payable from the Special Improvement District No. 328 Fund (the Fund) of the City. The City expects to use only the Fund to pay princi- pal of and interest on the Bonds. The moneys appropriated to the Fund are expected to produce amounts sufficient to pay all princi- pal of and interest on the Bonds when due. (11) The City. has established a Special i-niprovement District Revolving Fund pursuant to Montana Code Annotated, Section 7-12-4221. The amount on deposit -therein, $ 22,775.50 r is less than 15-% of the original principal amount on all outstanding Special Improvement District Bonds oi the City the principal of and interest on which can be paid therefrom. It is expected that the amount on deposit. in such fund will at all times be less than _15% of the original principal amount of all outstanding Special Improvement District Bonds of the City. (12) Pursuant to Montana \Code Annotated, Section 7-12-4206, all- Bonds shall be redeemed by the City Treasurer when- ever. there are moneys available therefor in the Fund. As required by said section, whenever there are moneys in the Fund, af ter paying the interest- on the Bonds, the City Treasurer shall call for 4 r 'ion outst-and g Bonds which, -together with the interest thereon redempt L_ �_ j- - to the date o_J7 redempt-41 on, will equal the amount of said Fund on that date. Therefore, it is not expected that the amounts on deposit in the Fund will ever exceed the sum of (a) 15% of the original face amount of -the Bonds ($45,000.00) plus (b) the amount to be paid out of the Fund over the subsequent 13 months. (13) The City has not been notified of the listing or proposed listing of it by the Internal Revenue Service as an issuer whose arbitrage certificates may not be relied upon. (14) To the best of the knowledge and belief of the under- signed, the expectations of the City, as set forth above, are reason -- able, and there are not present facts, estimates or circumstances which would change the foregoing conclusions. -3- WITNESS our hands officially as such officers and the seal of said City this day of 1979. Mayor City Clerk )13 d City Treasurer (SEAL) STATE OF MONTANA ) ) ss. CERTIFICATE SHOWING DUE EXECUTION COUNTY OF FLATHEAD) OF CONSTRUCTION CONTRACT I, MARJORIE GIERMANN, City Clerk of the City of Kalispell, Flathead County, Montana, do hereby certify that the construc- tion contract for the construction of the improvements in Special Improvement District No. 328 with Pack and Company, in the amount of $244,771.00, has been duly executed by the Mayor and counter- signed by me in my capacity as. City Clerk on behall' L of the City of Kalispell, that the contract was placed on file in my office after being signed by -he contractor, and that payment and performance bonds submitted by said contractor and in connection with said contract were executed to the satisfaction and approval of the City Council, in the form and manner provided for in Montana Code Annotated, Title 18, Chapter 1, Part 2. Dated this day of 1979 Marjorie Giermann City Clerk STATE OF MONTANA ) ) ss. AFFIDAVIT AS TO SIGNA- COUNTY OF FLATHEAD) TURES OF CITY OFFICERS Affiants, being"first duly sworn, upon oath depose and say that affiant NORMA E. HAPP is duly qualified and acting as Mayor, affiant MARJORIE GIERMANN, as City Clerk, and GAIL V. BRUCH as City Treasurer, of the City of Kalispell, Montana; that in such capacities, respectively, affiants h ' ave been authorized to,execute $300,000 Special Improvement District No. 328 Bonds of the City, dated July 1, 1979; that the signatures subscribed to this affidavit are the proper signatures of affiants as such 111avor, City Clerk and Citv Treasurer, respectively; that all facsimile signatures affixed,to the Bonds or the coupons appurtenant thereto are true and correct engraved, printed or stamped facsimiles of affiants' proper signatures; and that a duplicate original of this affidavit has been filed with the undersigned City Clerk in accordance with the provisions of Montana Code Annotated, Section 2-16-114(111. Mayor n�'� - 'et-, i, City Clerk �n V, City Treasurer '114 . Subscribed and sworn to before me this day of /;-Y- I , 1979. (Notarial Seal) STATE OF MONTANA ss. COUNTY OF FLATHEAD) N ryy Public f o:E- the S ta te, of Mon -1C_ ana r ;Cs q 11, Mol Re g at Kalispell, Mon _ tana My Commission Expires: I, the undersigned, being an officer, to -wit, the President of the lst Northivestern National Bank of Kalisnell Mon�-.__an_a__,hercb�7 certify that I am well acquainted with NOR�n E. 11APP, Mayor, 'LIARJORIE GIERT,,1,ANN, City Clerk, and GAIL V. BRUCH, City Treasurer, of the Cit-.,; of Kalispell, Montana, who executed the atL-ached and foregoing affidavit; and that the signatures ' subscribed to said affidavit a.ro to me known to be the true and correct signatures of said of 1':iCC_-s . rFispeCtively. 7 - t 10th clay of k9evte,-!jber WITNESS m% hand and the seal-/,61 said Bank �` his 1.979. TJRT�' This is to certify that every Bond and Coupon printed in connection - with $300.tOOO City of Kalispell, ILontana Special Imorovement District No. 328 Bonds has been destroyed by shredding except as delivered and one kept in our files, and that has been cancelled. $1000 Bonds No, 1 — 300 nspector Dated July 1, 1979 Poucher Printing & Lithographing Co. N -')0 ON mr. rNNIT DAY OF $7.00 o. B � " !Y"l, 11 It of I I d,011 b i o; 1,,r ,, - . im. the G�y of l', `_ t;" Y Tmasnar, of Of w ill lo h lA "f:l:iylo bReVd to .1A 1, 4&1-14 tilt. 11'. lt� Spatial IroprolFe. d4td July I. i47j� r ON TTTII rMST DAY OF No. B-18 JANUARY, IIJUI. $7.00 "ol"s the �il'd "'I'mPtIon, thacity of h, to S' 'n.' r":n 1- 1 1111i'llt to I. the bond whi, h this �;L [U,. j,t,_t t,,,. der its Special Irapr__ sn'ur ILt'i'It �171 No I y dared j", ell No. B-16 ON TIrr FIRST DAY OF JANUARY. 11-95, $7.00 radess the bond d-ribed b, !,,,, L, 11rd f, r e.oller rt demption, the City of e K y'Pell, Montana, will pay to hoarer at th& oin,o of the !�'IyrffZteogr *1 K .1,cl Muntarta, tile no,onot 3h')wa in lawfol c al'od f" c� tar I: -n-A rcf-,d to in the bond on 'i, - a to whi.L iaterelst th- doe on its Special Improve, went District 3�8 'fead" dated lady 1. 1979, i-,,No. ON THE FIRST DAY OF No. B-14 JA "' UAlty' IW)3, $7.00 I- the head d-rthed bQ!.w is udled for rATIfer redemption. ty of g City T�o KaIiipell. Montisna, wili i,ay to bcarer at tho offi,o of Ll as��r of Montana,the a�ct �hewn h-ora I. ll ful money of the United �d tur or c, -rocat refto-red to in the bond to w 'T,�,, sag' Voo. . a us, -or i,,I,-t Q. due it- Sperial Iscaps.- Distskt No. " "'j, - � /�_' � � , dated July 1. 1979, cerr ota. No B 12 ON THE FIRST DAY OF rmlZ0- , ihd b �jA-,UARY, 1991, $7.00 the bond de - ow i� coled for culler redemption, the City of Kalispell, Ilututs will raY to b-or at the office of the 0ty Treasurer I War ... : the uocnont sh"wn b,.,c'. in lawful money of the Urlite'd 'a so -mou referred to In the bond America, from the ,peciai , u or as, ss to which this coupon, nv-t�. for mtust,thanxilta.-Ors ita Special Improe =cut Disitrid No. -3�S'Zend. dated July 1, 1979' No. B-10 ON TITE FIRST DAY OF J�vNV-A_qy. 1989 $7.00 i orders the bond described Mow is called forculler redemption, the City of Kalispell, Montana will pay 'a b-tir at the office of the City Treasurer of =UMust.,;' the urm'.'t show. her". I. lawful money of the United ?Amcrica, from !he sp�ciaa tter or assessment reforsed to in the bond to which flair =upon alinert -ill special Ltapmr,_ rnent Distric� No. 323, -,cud,, �'Ihar�duetol 11 dated July 1. 1979, 0. our No. B-8 ON TnE FIRST DAY OF JANU-UlY, 19n, $7.00 I' unless the bond detcsfb�d b-l.or I, call,cl for earlier redemption, �h. City of KalispeR. Mouracca. will P-7 to bearer at the office of the City Treasurer of Moanum� the amount howrl hereon in lawful money of the United p.n.ri"crica, from the spetual '- or st-s-orlt referred to I. the bond which =,,,, ulgo,,), -,for interta tlo clue-surits S 4 japso- ped d"ated itily 1, 1979 1! 1 No. B-6 ON FIRST DAY OF It $7.00 '��;Aay' 1985, bond described be i; . railed far earlier redemption, the City of marless the Kalispell Montana, %�ill pay to benrer at the office of -he City Treasurer of Ka's Muntana, the amount shown hereon in lawful money of the United lbd.pl, America, from tb� I !�� to nagment referred to in the bond to which this c�opc,, a7 rts, torelt t r due an its Special Impssa,,e- D'3L-"t 828 zcd- dated NY 1. 1979, ear No. R-4 ON THE FIRST DAY OF $7.00 bond describcd ,4 maim the called f"' earlier retimption, the City of Kalispell, Montano, �jj pay to be-er at the office of the Citv Tcc.n- of Maralnn-- th, a,n-unt sh- 1-reort in lawiul - k the United StIti.nT, �L'ca, from th� jr,ci d t= or asscl-,lmont refenr-e-dytho us the bond to which oupon me=ie, fnr interest then due on its Special lmpr� c , '3 zaerst Dis let N, 3 tri 'i go q.- &Led July 1. `=e L4 "No H No. B-2 ON T=- FIRST DAY OF JAN':'�.'Ry 1981, $7.00 -I- the bond desesibd below is call�d for earlier redemption, the City of Mrnura, will pay to h-cr at 1b, oft'ro, I e ""'M t "ren ; .;,, M_ Men L", ."Inn. 'hown h a,% he 1, 1 1.7-3 from, -7_,z ziei t- - s�'crn rdurul't. I. the bond hich i4 In - a., for ivotme V due cal it. Special lrnpr�* 't 'e"' e ' "' � District No. 82� '3-rid' '� ll�" \;,No. dallad 1.17 1. 1 9-,q, 4a k, 0�11 T;Ir. rnST D%Y OF No. B-19 ;A_'�UARY, 1998, - $7.00 cnl� � rile b,"d 'allod flr culier redemption, The City of 1,111 u,� to LZ the Ilf!il- -a the City T'rroaucr I �o Moutlo.�'U�o .11, It h'- money of "'a U,ifted "f'."ed to h " is -or h,=, .cut Ulstrict .4t then due On it, Spgla No. dared July 1. co, No B-17 ON' THE FIRST DAY OF $7.00 IJANUA.Ityl 1996, ael'-�: the head &'clnhed is 11,d for earlier redemption, the City of K'4'i'j'vH' P'lontz'7" will V, to t . 'he office of the City T,,.,.rcr of lnj'�Iulc 1:tcrm in lawful m..,y of it,, Uoited l,t t or -c-,tit refused to 1. the Ld frout If,, �; to w1u, h this coolion J,r intLra5t wlo due on its Special improve- set- I)oorict '1"' 3 " 'os H ' " l i 7--" N'�'j No dated July I, 19�9-` U i No. B-15 ON TITE FIRST DAY OF $7.00 A,NUA1iY, 1994, tril.. the hand describcl blow is cafl,d ill, earlier realareptims, the City of F,afi�pcll, montarn, %,if! pay to bearer at the office of the City Treasure.r of K.1c,pru, M.at.n.' the aul ... t ho- hereon in lawful money of the United or Sultel of America, from the, special t,ur or as'ses3men referred to in the bond to which this coupon loln-airij, for interest than do. on its Special Improve- strent District No. Zl23 Sena, Tf No. dated July 1. 1979 No. B-13 ON TITE F =. DAY OF jr.kSuAlly, pq-_ $7.00 call- the bond de-hed b,!,- is calbed for earlier redemption, the City of Mcirtl-, �i'%,oyau, bearer at the office of the Cityjsr�rr of -Pelf Illuracus . _ the cited clo hown hamon in lawful mo ey " or s States ?A-ric.,'fin '-'me true or sc.-c.t relented to I. the head to whi'la this coupon apMaire. for interest then due on its Special I.P.- ment Disltrict No. :3ZS . nd,- T� 7\ "7 ,61ed July 1, 1979,'-, No. en, No. B-11 ON' TM F1 T DAY OF JAI,UARY, 1990, $7.00 orders the bond described below is called for earlier rederapthan, the City of 7 ll.= licatrar ia.,�e offi,- City Trensucer of . I. aw4& I, 121"all: i. 'ecown oney of the United States of America, from the spe-I I- - ,��,oulcal ralucul 1. 1. he bond _lf - ra�,',tabues' , to which t" . - . due on its Special Improve t District -. 32a, No. dated July 1, 1979 cjTr ocras 0-1 I'M FIRST DAY OF No. B-9 JA.NU'tRY. 1988, $7.00 maless the bond described below is called for culler redemption, the City of Kaliepcil, Montana, will pay to bearer at the office of the Cry Treasurer of Montana, the suacnant sh.wu hereon I. lawful money of the United sj- I,,- or :_�ferrad to In the bond thio c to which la�f. interest then due ou its Special Improva - LZ - "Q ' ractu District No. 1'., 1 7' 1 No dated July 1, 1�76 j ra ON if- FIRST DAY OF No. 13-7 goaj $7.00 i�t'Sy' psti, -I- the bond described f; alled for earlier redemption, the City of K.H'pcil heater at the office of the City T . as cs� of tueocil; shown hereon in lawful money or the United Statei of America. from &_ �i,ccacl toac or assessment referred to in the bond re which this or.p.a. apr,rtaias, fox interest the. due ou its Special Impstove- t District No. 32�� !;,ad, dead July 1. 1979, No. ON THE FIRST DAY OF No. B-5 JANUARY, " 84' $7.00 unless the bond d"cribcd below I, called for earlier redemption, the City of U11: �11= bcuc, .1 he .1fice of the 'y " ' *' prif . be n be... in I-Ild rn.2, JU Nited Sure, of Am"ice, or =sessmont referred to in the bond to which this it, Special Impro- ment Diablet No. 3_13, Beird N ;-red July 1, 0. ON TffS FIRST DAY OF No. B-3 JANUARY. 1982 ' $7.00 -1- the blind descrioed below ia ..,!led for earlier -d,.Ptf-, the City of F,alistarli, Montana, gill pay to brarer at -he office of the "yaf 'r d 3=11 1, of... wo h.m.. in lawful ma2y 791"'Vell" I I o unc,mt sb. Aafuirn� �pcca�.,,�; or ........ -1 clarre, to I. he bond to whi- this cov " , , -at then a.... its Special I.Prove- =..t District No. a:*'i 11aad - i \ dtd July 1, 197Slt._" No. OIN THE FTR5T DAY OF No. B-1 JANUARY. 1990, $3.50 1 the bond de,;crib-d below is .]led for culler redemption. the City of K.Havd), Mrat-rox, will Pay re, h-or at the off!- of the City Tr-ione, of I Nfil,tana the amantart sbow�n berecm in lawful money of tho United Se Am.,i..,.i the r'�c= aso-Ment referred to in the bond to which than, J�� at _d,7r its Special Inept- issee m..t Dir datad July 1. No. 77" -7, 7 7 - _7 7 No. 20 ON T1111 DAY (IF SAW ON TIM MIST DAY OF No. 19 $80.00 City I . 1—rtiai,the City —less the hord 1,,q-, —ii, in I Cilim'Tili. s K M—t-ot, j� _"ce, of a o, k ool the hm,d de—if-i i, I., it, I of Kai if,,- i,!� it o of I t Lit, "mme tho Ui i,-r at a "': - �'! : Kal. "Icior'i 1--a to L-lu! I L�'ftcd iz_'t -1-1 1. in it,- ad Si,a ,f A11-1,". filio, fl or _11-411:11 VA �,t to to the bond to wha'h 'c", d", 0. hit Special Impro— whi, h tias a�"'a iq,;'_,,t,, i, jol",iii, into due on is siadat lu'putive- fre-1 Valte"I N, t _'5 No. dawd July I, "I". No. 1979. ON TM FIRST DAY OF No. I is 'NPARY 3 $80.00 ON Tnr. MST DAY OF No. 17 $80.00 b far I J.t -all car,,c, JANUARY, 1996, —1 =� the bond d"erfhed is -I!,- f - . - the - 'edriertfort at the olf4eo of fit. aty Trlass,7 :f �L� ..I— the bond des—Med b-It— is calk"d for 11"' the Cil of hl�%P,11, Ni.m.mt, all 1,.y to t-in, at the wilce m in T-asur Y as in from, �'i'��,,wu 1:1, 0 to 1iul ...... of the United -is , 'to Kalispell, lito.t.o., t a, a,m,,,t here.. in 1—i ' A lft2�yef be U`,d4d StiftenTXnwif-, the 'p, . In the bond ,�s-aaxut ref"cred to w1d, h this coupor. ar'nertahis, for mr— the. do. on its Special lrapscive, Stait'. at A'n, fto'. if,, itr-A as a, m1e.'scall. ref—cel'to 1. the bond W hoh this sa-poo for hi-,re,t then deal on it., Special Improve - initial rlitrit No- 328 lttored, dated July 1. 1979, 1"'No, retnat District No. 626 Be,,,: No. July 1, 1979, —as cor ON THE FIRST DAY OF No. 16 880.00 ON TITF. FIRST DAY OF No. 15 $80.00 miless the bond described bd is called for earlier rederaptio., �I If ' "' rea-, he bond aesoril aal bc?.w i,'A_,'�,d"f.r earlier redemption, the City of beare, at th. office of the City "'llzill, —�l !.pay 1, b,,,rr at the office f the City Treasurer of shown hmeim ;, lawful Me, money of the United Kid hereon in lawful money of the United of 0 h om. i,_ Itattin; to, spectitil tax frocut the or cessel—mit le tered to in file head St.t, ti�.�mccat', f'.. he jrcdl tas, or --art-t re -f—ml to, in the bond incrica, to whie ---Po. stripe sms, for iote�.,�!, therf_dfie on its Sprdal Improve- In 10, h this xietam aplactsons, for fcteiclft_�Icrl �n ill Special lapim - iseut District No. 326 Bultd,'' No dated July 1. 1979, q _a-' enecat District N,, t�l� ficraI. No. dated 1. July 1970, if a- cers ON TIM FIRST DAY OF No. 14 $80.00 ON TITE FIRST DAY OF No. 13 $80.00 bond described for the City of indent the redemption, the lZ of Mantscaa,�-.,llrah.y to licarc, at the ft�ce .1 1 he Cry Tc.S - —les, Ile bond described below is called esolier redemption, Kalispell, Menem., all pay to bearer �t the office of the City Treasurer of I'tim'scia, a it l_fed rcma,�., . sh.— here.. , e United xiillpcel, Maitsinst'ithe rol ... t aio,va hereon in lawful money of the United —m-t to Aincrica, fr.. the imecial last or as, ferxed to in the bond which 1 icl,rest then due ces its Special Improve- States of Acm,-rtca, rom t ia special tstz� or ica�cssmcrit referred to in the bond a cii to which thIs coupon amaxtairs, for interest then cut, oil is Spe it Improv 4—, :ihga isent I - d, dated 1. 1979. reent District No. 3281 llfmai� Ro. July dated July 1. IWO, V,L_ it ens No. 12 ON THE FIRST DAY OF $80.00 "TAR', No. 11 014 M. ST DAY OF $80.00 rualess the bond dcscrihed b,M ciel_!hll?�EVeattller lederaptio n, the City of the bond described redemption, the City of ftj;f�pifl, will be mcr or the ca.ce of the City Treasurer of j. unless Kaditmelf, Mmitivis., will pay to bearer at the office of the City Treasurer of atatyin'. .. � , re 't. th 'hosvit hs,ic.. to i—fel money of the United kill Nf—ttemi, the ....or she— hercmi in lit-fal mcm�y of the United bond ciecial tsee or assessment miestred to in the blind to whic, h th Special Inspirove- S28. freeiueo�ts St.t,prl� to tEeLict Arm rica, from the sticcial tat or asse.sment We— to in the h c"Po' appeal aeas, for ittlecest, then due ' on its Special Improve- stainat District NZ dated July I, ig7g, scent Disthi" trict No. ff2b larid� 1, ciated July 1, 1979 No. as III' I No. 10 ON TEM FIRST DAY OF $80.00 No. 9 ON THE FIRST DAY OF $80.00 'TARY T d sailess the bond described bcf,��% I'Me l9f.8,9multior redemption, the City tf the bond described beIN reactor, on, the City of - of beater at the. office of the City Treasurer of unless &Ilspell, Montana, will pay to bector at the office of the City Treasurer of shown hereon in lawful money of the United States America. from LL, talt in her,., in law-4cl morvty of the United her to in the bond of st—im or a—scroest reftered to the blind t. which this ec—.. ap—itaiLs, I., iu�usccst Special improve- Arn x hil, . the " id or assessment zefccred to whir� this coupon ailp-taiii,, the fitterestthen,doe, on its Special Disprove- nuret District dated July 1. 1979, 0 reen District No. -123 Bend, dated July 1. 1979, No. 6. 5<4 No. 8 ON TM FIRST DAY OF "TARY'dil j $80.00 ON THE FIRST DAY OF No. 7 $80.00 A tealiest the bond described bcl.,� .1 e MTrattlier redemption the City of ' I unless th bond described redemption, the City of o 7 c MZNfolitana, will pay to bcarer at the office of the Tr _111; Kell— B, Mention, will pay to bearer at the office of the City Treasurer of , I oll Montana, the amount shown hereon in lawful mZyof e 7,.i,c 1huc, from the thl , Montana, the amount shown hereon in lawful money of the United Kalispell from fats to in the bond I 4nicat, special or asscs.-ment referred to in the bond coupon to which for interest thert-dus-on-its Special Improve- States o America, the special or assessment referred to which this coupon aprairm. ans, for liaciest-thms due an its Special Improve - naerat Dist". dated J trial No. 32a Been, i" ",,,Wo lily 1, 19-9, jj isselit Diseteki: No- 32S 13oad, No dated July 1, 197 Ztr�,tl J/__ W_ ON THE I= DAY OF No. 6 $80.00 1985. ON THE FIRST DAY OF No. 5 $80.00 T",I�,WARY. '"r4'esellor bj�ANFARY, stelm the bond described is —Iled for earlier redemption, the City of unless the blind described be, is called la redemption, be City of T.11,PcU ba, -of the office of the City Tcc.-- of !V.PQY_1� 1 11, Montana, %�,dl pay to hearer at the office of the City Treasurer of 2-11, =,.U; shqwn hereon in lawful money of the United Amork. it.- the P, Montana, me ammuot shown hereon in lawful money of the United State, Arneric., fr.. flu, tas, of loc maj tax or assessment referred to in the bond 0 it which this coupon iais, ior ml—I them clue,an its Special improve- of p,ckil ., --s—rit refccred to in the bond to which this cm,poit apricrtai=6 far-hitcirst,theri due on its Spatial Improve. ment Distriot, No S'S �:tmad deed July 1, 79 NO. _�V Meat District No. 322�; aesid, NO. dated July 1, I979k_)L No. 4 014 =- FIRST DAY OF $80.00 ON TITE FIRST DAY OF No. 3 $80.00 A JANUARY, 1983, unless the bond described below is, for the City JANUARY, 1982, the bond described below is for redemption, the City of illed earlier redemption. of Montana, %vili pay to liem, at the office of the City Trecuseeter of unless called earlier Kalispell bearer at the office of t�o:m!�,tyjrcivagr ed Montana, t ic iaioiatt s i—ir hereon in lawful money of the United MAmerica, L P',y " be lite Kiili�,Pclf f ommit how. her... in, 1—fed IT— zlt, sp,il tax or assessment referred to in the bond which his tapro, ftm-, for, interest then close cla its Special Improve- States or imenc., from the special mer ., --scocnt rcf,,cd to in the head to which this coupon sim-MinaiorlincrestAticin doe -ma its Special Pro-- spirat District N, 323-holot, 4i 11 No. District Na. 3_21; Bond i� ',I t No. ed dated 3 y 1, 1979, dated July 1. 197%� V cor a-. ON' TTM FIRST DAY OF $80.00 No. 2 ',VARY, ON FIRST DAY OF No. I 1980, $40.00 I 1931, ticales, the bond descriled beIX is 1hal for earlier redemption, the City of TANUARY, —less the bond described blo- is vollcd for earlier -d—ptimi, th.,City of , "�il ,,,a,- 1. hearer at th office of the City Treasurer o 10-11ZHI., Kiij�gp 11, Nforitaiiii, will pay to hearer at the office of the C,i'lY.Ti, a, orcr id �1' ;_ am sh—o here— in ]a-ful money of the Umtcd pcR, ',- M..tami, I " ionmint "how. 11cm.. in 1—H ..a, the Le," K. 'M�l 1, in Ach !:i, sra,4il Stsftes�o� Proca or .t of—ed to in the bond to wbfL� tl�ia -epon �_7,T far v`14rtst thvricludoe its Special Improve- St , - so -id far or ct fe-d to the head at s America. from if,, .� to which this coopon mi"iVhU.*R UrricTest tbani chic, on its Special Improve - spent :J strict 'No 32-*3 beps!'-, , j � � " , 1! smot DisZ;�� No. 82�jicm,L, No. d" elly 1, 9, -6 dated July 1, JI-1 co, :4, 7 a� ........ STATE OF MONTANA Cij -%T E., of K-alispell SPECIAL IMPROVEMENT DISTRICT NO. 328 Basic interest at the rate of 8.0W,, per annurn and additional interest at the rate of 0.70% per annum Payable on January 1, 1980, and annually thereafter on the 1st day of January in each year. SPECIAL IMPROVEMENT DISTRICT NO. 328 BOND Issued by the City of Kalispell Flathead County, Montana The Treasurer of the City of Kalispell, Montana, will pay to bearer on or before January 1, 1999, the su-Tn of as authorized by Resolution No. 3237 as passed on the 7th day of May, 1979, creating Special Improve- ment District No. 328 for the construction of the im- provements and the performance of work as authorized by said resolution to be done in said District, and all laws, resolutions, and ordi anees relating thereto, in payment of the contract in accordance therewith. The principal of and interest on this bond are payable at the office of the City Treasurer of Kalispell, Montana. This bond bears basic interest at the rate of — eight percent (8.00%) per anamn and also' bears additional interest at the rate of -----seventy hundredths of one percent (0.70%�— as expressed herein, until the date called for redemp- tion by the City Treasurer. The interest on this bond is payable annually on the first day of January in each year, unless paid previous thereto, and as expressed by the interest coupons hereto attached, wbich bear the engraved facsimile signatures of the Mayor and City Clerk. This bond is payable from the collection of a spe- cial tax or assessment which is a lien against the real Dated at Kalispell, Montana, this.1st day of July, 1979. CITY OF KALISPELL City Clerk Mayor Registered at the office of the City Treasurer of Kalispell, Montana, as of this Ist day of July, 1979. estate within said Improvement District, as described in said resolution bereinbefore referred to. This bond is redeemable at the option of the City at any time there are funds to the credit of said spe- cial improvement district fund for the redemption thereof, and in the manner provided for the redemp- tion of the same. The date of redemption shall be fixed by the City Treasurer, who shall give notice by pub- lication once in a newspaper in Kalispell, or at the option of the City Treasurer, by written notice to the holders of such bonds if their addresses be known, of the numbers of bonds and the date on which payment will be made, which date shall not be less than ten days after the date of publication or of service of notice an which date so fixed interest shall cease. IT IS IIEREBY CERTW IED AND RECITED, that all things required to be done, precedent to the issu- ance of this bond, have been properly done, happened .and been performed, in the manner prescribed by the laws of the State of Montana and die resolutions and ordinances of the City of Kalispell, Montana, relating to the issuance thereof. Z�, City Treasurer rAN TA"T g:_ 00 C� r-",-*� 3 14 t--W--.*l 9 F q t SR 5 15 =i -7; R ZQ� t2 t5-�< -7U