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Resolution 3309 - Resolution of Intent - SID 329 - ParkingRESOLUTION NO. 3309 A RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 1129 FnIZ ­HL �E nT., PROVIDINC OFF-ST-EET PARKINC 1IMPROVE MENTS__,UTILIZING SURFACE LOTS, AS A PART OF THE COMPREHENSIVE OFF- STREET PARKING DEVELOPMENT, WITHIN AN AREA BEGINNING AT THE SOUTH- ERLY EDGE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY AT THE INTERSECTION OF THE EXTENDED CENTER LINE OF 2ND AVENUE EAST AND CON-- TTNUING WESTERLY ALONG SAID BURLINGTON NORTHERN RAILROAD RIGHT OF WAY TO THE EXTENDED CENTER LINE OF 3RD ALLEY WEST, THEN SOUTHERLY ALONG THE CENTER LINE OF 3RD ALLEY WEST TO CENTER LINE OF 4th STREET WEST, THEN EASTERLY TO CENTER LINE OF 1ST AVENUE WEST, THEN SOUTH- ERLY TO CENTER LINE OF 5TH STREET WEST, THEN EASTERLY TO CENTER LINE OF 2ND ALLEY EAST, THEN NORTHERLY TO CENTER LINE OF 3RD STREET, THEN EASTERLY TO CENTER LINE OF 2ND AVENUE EAST, THEN NORTHERLY TO THE POINT OF BEGINNING. EXCLUDING THOSE LOTS OWNED BY TEE CITY OF KAL- ISPELL,,IN BLOCK #65 AND PUBLIC STREETS� ALLEYS AND PARKS; PROVIDING THE APPROXIMATE COST, MODE OF PAYMENT. THEREFORE AND MODE OF ASSESS- MENT FOR SAID IMPROVEMENM WJEREAS, the Kalispell City Parking Commission has developed and recommended a.parking deve'lopment prqg�kram for the central business district of the City, aiid WHEREAS, tho'Kalispell City Council has determined to provide and develop off-street parking improvements generally in accordance with the recommendations by the Kalispell City Parking Commission; and, WHEREASr it is proposed that the costs of such off-street park- ing improvements be financed through the creation of a Special Im- provement District and issuance of bonds by the City of Kalispell pur- suant to Title 7, Chapter 12, Parts 41and 42, M.C.A., and that such bc,�'.ls be payable from collections of special assessments, and the in- terest thereon, levied against property specially benefited thereby; and, WHEREAS, the City Council by Ordinance will, contemporaneously with th�, creation of such a Special Improvement District, establish a formu.— for determining the benefit received by and the amount of - I - special assessments to be levied against property to pay the costs of the Parking improvements, resolves its intention to create Spe- cial Improvement District NQ, 329 With respect to such improve- ments and levy special assessments against benefited property lo- cated therein to pay such costs; and WHEREAS, the cost of the Off-street parking improvements to be assessed against property within Proposed District No. 329 speci- ally benefited thereby was estimated to be approximately One Million Dollars (.�l -onn nn� WHEREAS, the said City Parking Coimission has negotiated the acquisition of four sites for off-street parking facilities within proposed District No. 329 and has developed plans for the consLruc- ,tion of for 300 paxkiny stalls in the first phase of said Plan; and WHEREAS, to prevent delay in provision of off-street parking Within prop05ed District No. 329 and the increases in costs associ- ated therewith it is necessary and desirable to proceed forthwith to acquire and construct off-street parking facilities to provide approximately 300 parking stalls as the first phase of the plan to assist in the final development of a total of approximately 600 or more off-street parking stalls within said Central Business District; and WHEREAS, in order to levy special assessments to finance a por- tion of !_ the total costs of the complete,parking improvements planned it is necessary for the City to create Special Improvement District No. 3291� in accordance with the requirements of Title 7, Chapter 14, Part 47, and Title 7, Chapter 12, Parts 41 and 42, M.C.A., as amended; - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KALJSPELL, MONTANA: Section 1. Intention and Resignation. It is the intention of the Council of the City of Kalispell, Montana, to create Special Imp.-,:ovement District No. 329 in accordance with the provisions of this Resolution for the purpose of making off-street parking im- provements in the central business district of the City of Kalispell and levying special assessments against benefited property to fi- nance a part of the costs of such improvements. Section 2. Boundaries. The proposed boundaries of Special Improvement District No. 329 are as follows: Beginning at the southerly edge of the Burling- ton Northern Railroad right of way at the inter- section of the extended center line of 2nd Avenue East and continuing westerly along said Burling- ton Northern Railroad right of way to the ex- tended center line of 3rd alley west, then south- erly along the center line of 3rd alley west to center line of 4th Street West, then easterly to center line of lst Avenue West, then southerly to center line of 5th Street west, then easterly to center line ot 2nd alley east, then northerly to center line of 3rd Street, then easterly to center line of 2nd Avenue East, then northerly to the point of beginning. Excluding those lots owned by the City.of Kalispell in Block #65 and public streets, alleys and parks. Section 3. Approximate Estimated Cost of Phase I. The est-_i- mated cost for making the Phase I off-street parking improvements described in Section 4 here -of within proposed Special Improvement District No. 329, exclusive of possible operation and maintenance expenses, but including demolition, clerical, engineering, architec- tural, legal, supervisory, relocation and financing costs is approxi- mately,One Million Dollars ($1,000,000.00). A summary of the esti- - 3 - mated',costs of making the Phase I improvements is on file in the office'of the City Clerk and the Chairman of the Kalispell City Parki 71 Commission - Section 4. General Charac,ter of Phase I Improvements. The Pha'''�' I improvements to be made within proposed Special Improvement DisLi'lLct No. 329 are off-street parking facilities, including the acquisition and preparation of sites for the construction of four or more paved parking lots together with necessary entry and exit locati-ons, parking controls, curbs, striping, plumbing and drainage and �ncidental work, structures and improvements in connection therewith. The locations of the Phase I improvements are as follows: A. Lots totaling 110 feet Main Street frontage in Block #36. B. Lots totaling 200 feet of frontage on First Ave. West in Block 446. C. Lots totaling 100 feet frontage on First Ave. East in Block 456. D. Lots totaling 170 feet frontage on First Ave. East in Block #76. B. Other lots that may be available and for which funds remain. The Phase I improvements will provide approximately 300 parking stalls. Section 5. Assessment Method for Phase I_Lrnprovements. Each lot or parcel within proposed District No. 329 specially benefited by the Phase I off-street parking improvements will be assessed for the cost of the Phase I improvements to be borne by District No. 329 in proportion to benefits received by such lot or parcel. The spe- cial benefit received and the amount of special assessment to be levied against each such lot or parcel will be determined in accor- dance with a formula to be,established by Ordinance which will be en- - 4 - 1; QIT acted prior to or contemporaneously with tne creation of said Spe- cial Improvement District No. 329. A copy of the proposed foripula is on file in the office of the City Clerk and the Chairman of the Kalispell City Parking Commission. Annual operation and mainLeli- ance expenses of the improvements may be financed in accordance with Sections 7-14-4711 and 7-14-4713, M.C.A., as amended. Section 6. Area Benefited and to be Assessed for Phase I Im- provements. The City Council hereby finds and declares that each lot or parcel of real estate located within the boundaries of pro - ,posed District No. 329, exclusive of streets, avenues, alleys, pub- lic places and the lots and parcels specially excluded or on which the improvements are to be located, is specially benefited by the Pha��e i off-street parking improvements and is to be assessed to pay the costs and expenses thereof. Section 7. Period of Assessment; Interest; Use of Proceeds for -Phase I improvements. The special assessments to he levied for tho Phase I parking improvements will be payable over a period of twenty (20) years in annual installments and simple interest will be charged on the unpaid assessment at a rate to be fixed by the City Council. Collections of the special assessments and interest thereon will be pledged and appropriated to the payment of the cost of the improvements, including the payment of principal and interest on bonds issued by the City Council pursuant to Title 7, Chapter 12, Parts 41 and 42, M.C.A., as amended. Section 8. Phase II improvements, Approximate Cost, General Character, Method of Assessment, Area Benefited and to be Assessed, Period of Assessment, Interest and Use of Proceeds. The Phase II improvements to be undertaken in the future, if the City Council de- - 5 - termines that such improvements are necessary and financially feasi- ble, will consist of off-street parking facilities, including sur- face lots and/or multilevel parking structures together with neces- sary entry and exit locations, parking controls, curbs, striping, and incidental work, struc�ures and improvements in connection there- with, all of which will provide approximately 300 or more additional parking stalls. The aDDroximate cost of the Phase II off-street 'parking improvement plan should not exceed Two million Dollars ($2,000,000.00) and the balance of such costs will be paid from rev- enues from off-strect parking improvements within the District cro- ated therefor, collections from on -street parking meters, Federal grants and other sources. The method of assessment, the area bene- fited and to be assessed, the period of the assessment, the interest and the use of proceeds with respect to the Phase II improvements and the special assessments with respect thereto shall be as pro- vided in the Resolution creating such a District. It is expressly providp-d that if the City acquires jurisdiction to create District No. 329, the City shall- have full,and complete power and authority to acquire and construct the Phase I improvements and levy and col- lect special assessments with respect.thereto as provided in Sections 3 through 7 hereof regardless of whether the Phase II improvements are ever undertaken or made or special assessments are ever levied to.pay,a portion of the costs thereof - Section 9. Protests. objections and protests against the cre- al:.ion of proposed Special Improvement District No. 329 and the mak- ing of the Phase I and Phase II off-street parking improvements will I)e heard at a meeting of the City Council in the Council Chamber at - 6 - the City Hall, 336 First Ave. E., Nalispell, Montana, on the �-L0 day of._C)(,_+o be r- , 1980, commencing at 7:30 P.M� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALIS- PELL, MONTANA, ON THE 22nd DAY OF September 1 1980. Norma E. Happ, ffay,or ATTEST: /1, 1 0J I R�ZfAjo AeG!_*eim_4a?nnJ_,'� �ity C �erk� undersigned, City Clerk of the City of Kalispell certify that the foregoing is a tin. of the Resolution passed by the Yity Council of the City of Kalispell, Montana at a �gular meeting held 2- 2- 4t4!, II&Id,—, City Cl.#�-k of the City of Kalispell el,