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Resolution 3310 - Resolution of Intent - SID 330 - ParkingRESOLUTION NO. 3310 L RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT 10. 330 FOR THE PURPOSE OF PROVIDING OFF-STREET PARKING IMPROVE- IENTS, UTILIZING MULTILEVEL STRUCTURE OR STRUCTURES, AS A PART OF THE COMPREHENSIVE OFF-STREET PARKING DEVELOPMENT, WITHIN AN AREA BEGINNING AT THE SOUTHERLY EDGE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY AT THE INTERSECTION OF THE EXTENDED CENTER LINE OF 2ND AVENUE EAST AND CONTINUING 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 IST AVENUE WEST, THEN SOUTHERLY TO CENTER LINE OF 5TH STREET WEST, THEN EAST- ERLY TO CENTER LINE OF 2ND ALLEY EAST, THEN NORTHERLY TO CENTER LINE Or 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 BLOC-K 465 AND PUBLIC STREETS, ALLEYS AND PARKS; PROVIDING THE APPROXIMATE COST, MODE OF PAYMENT THEREFORE AND MODE OF ASSESSMENT FOR SAID IMPROVEMENTS AND PROVIDING FOR REQUIREMENT THAT FEDERAL FUNDING ASSISTANCE BE OBTAINED,PRIOR TO JANUARY 1,, 1982- WHEREAS, the Kalispell City Parking Commission has developed and recommended aparking development program for the central busi- ness district of the City; and WHEREAS, the 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 WHEREAS, it is proposed that the costs of such off-street park- ing improvements be financed through the issuance of bonds by the City Council pursuant to Title 7, Chapter 12, Parts 41 and 42, M.C.A., and other funds available to the City, and that such bonds be pay- able from the collections of special assessments, and the interest thereon, levied against property specially benefited thereby; and WHEREAS, the Kalispell City Council by Ordinance will prior to or contemporaneously with the creation of such Special Improvement District establish a formula for determining the benefit received by - 1 - and the amount of special assessments to be levied against pro- perty to pay a portion of the costs of the parking improvements; and WHEREAS, by Resolution No. 3309 the Kalispell City Council did express its intention to create Special Improvement District No. 329 for the purpose of acquiring four or more off-street sites and improving same to utilize them for off-street surface parking lots in connection with the aforesaid comprehensive parking plan of the WHEREAS. it is Dart of said comDrehensive nlan, as Phase 11 thereof, that two of said sites, namely (1) the lots totaling 200 feet of frontage on First Ave. West in Block #46, and (2) the lots totaling 100 feet of frontage on First Ave. East in Lot #56 together with air space above part of Third St. East and portions of lots already owned by the City of Kalispell in Block #65 be further de- veloped by construction of multilevel parking structures on each of said sites together with the necessary improvements thereof; the construction of said multilevel structures be known as Phase 11 of said comprehensive plan and carried out under Special Improvement District No. 33D_ 'WHEREAS, the cost of the multilevel off-street parking struc- tures to be constructed within said proposed Special Improvement District No. 330 is estimated to be approximately $2,000,000; with $1,000,000 thereof to be assessed against the property within said propoLped Special Improvement DistrictNo. 330 specially benefited thereby; and the balance of the total estimated cost is to be ob- tained from Federal sources as matching funds or other grants as may be available therefor; and - 2 - WHEREAS, to prevent delay in provision of off-street parking structures within said proposed Special Improvement District No. 330 and avoid the increases in costs associated therewith it is neces- sa�-y and desirable to proceed forthwith to create said Special Im- provement District No. 330 with authority to construct off-street par',,ing structures to provide approximately 300 additional parking stalls as the second phase of the plan to develop a total approxi- mately 600 or more off-street parking stalls within the Central Busi- ness District area of the city. The City will, however, hold in abeyance proceeding to issue and sell Special Improvement District bonds in the sum of $1,000,000 to berepaid by levy against the pro- perty within the said proposed Special Improvement District No. 330 to be benefited thereby until commitment for Federal funding assis- tance therefor is obtained; and WHEREAS, in order to levy special assessments to finance a por- tion of the costs of the parking structures, it is reasonable and necessary for the City Council to create Special Improvement District No. 330 under the above conditions in accordance with the require- ments of Title 7, Chapter 14, Parts 46 and 47 and Title 7, Chapter 12, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KALISPELL, MONTANA: Section 1. Intention and Designation. It is the intention of the Council of the City of Kalispell, Montana, to create Special Im- provement District No. 330 in accordance with the provisions of this Resolution for the purpose of making off-street parking improvements in the form of two Parking Structures as Phase II of a Comprehensive Parking Plan in the central business district of the City of Kalis- - 3 - pell and levying special assessments against benefited property -to finance a part of the costs of such improvements. Section 2. Boundaries- The boundaries of proposed Special Im- ,provei�ent District No. 330 are as follows; Beginning at the southerly edge of the Burlington Northern Railroad -right of way at the intersec- tion 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 of 2nd alley east, then northerly to center line of 3rd Street, then easterly to cen- ter line of 2nd Avenue East, then northerly to the point of beginning. Excluding those lots owned by the City of Kalispell in Block 465 and public streets, alleys and parks. Section 3. Approximate Estimated Cost of Phase II. At pres- ent the estimated cost to be assessed against property within pro- posed Special Improvement District No. 330 for making the Phase II off-street parking improvements described in Section 4 hereof with- in proposed Special Improvement District No. 330 exclusive of pos- sible operation and maintenance expenses, but including demolition, clerical, engineering, architectural, legal, supervisory, relocation, financing and service costs is approximately $1,000,000. The bal- ance of the total cost, approximately $1,000,0oo, is expected to be paid from Federal Government Grants and investment income thereon. A summary of the estimated costs of making the Phase 11 improvements is on file in the office of the City Clerk and the Chairman of the Kalispell City Parking Commission. Section 4. General Character of Phase I Improvements, The Phase I improvements to be made within Special Improvement District - 4 - No. 329 are off-street Darkinu facilities, includinq the acQuisi- tion and preparation of sites for the construction of five paved parking lots together with necessary entry and exit locations, park- inq controls, curbs, striping, plumbing and drainage and incidental work, structures and improvements in connection therewith. The Plia,se I improvements will. provide approximately 300 parking stalls. Section 5. Phase II Improvements, Approximate Cost, General Character, Method of Assessment, Area Renefited and to be Assessed, Period,of Assessment, Interest and Use of Proceeds. The Phase 11 im- provements to be undertaken if the City Council determines that such improvements are necessary and financiA-Ily feasible, will consist of 'Off-��;treet parking facilities, in the form of two multilevel parking structures together with necessary entry and exit locations, parking contro-Is, curbs, striping, and incidental work, structures and im- provements in connection therewith on the following sites: 1) The lots totaling 200 feet of frontage on First Ave. West in Block #46, and 2) The lots totaling 100 feet of frontage on First Ave. East in Lot #56 together with air space above part of Third Street East, and portions of lots already owned by the City of Kalispell in Block #65. 413. of which will provide approximately 300 or more additional park- ing stalls in the downtown area, at a total cost of $2,000,000. The approximate cost of the Phase 11 improvements to be levied against benefited property within proposed Special Improvement District No. 330 will. not exceed $1,000,000 and the balance of such costs will be paid from Federal Grants and other sources. Section 6. Assessment Method for Phase II Improvements. Each lot or parcel within proposed Special Improvement District No. 330 specially benefited by the Phase II off-street parking improvements, - 5 - except those owned by the City and used for public off-street park- ing, will be assessed for the cost of the Phase Il improvements to be borne by the proposed District No. 330, as distinguished from the portion Lo be covered by Federal funding assistance, in proportion to benefits received by such lot or parcel, The special benefit re- ceived and the amount of special assessment to be levied against each such lot or parcel will be determined in accordanr.(- ­if-h f-ho to be established by Ordinance which will. be enacted conLem.- poraneously with or prior to the creation of said Special Improvement District No- 330. A copy of the proposed formula is on file in the office of the Clerk of the City of Kalispell. Annual operation and maintenance expenses of the improvements may be financed in accord- ance with Sections 7-14-4711 and 7-14-4713, M.C-A., as amended. Section 7. Area Benefited and to be Assessed for Phase II Im- prov(�ments. The Kalispell City Council hereby finds and declares that each lot or parcel of real estate located within the boundaries of proposed District No. 330, exclusive of streets, avenues, alleys, public -places and public parking lots owned by the City and the lots and parcels on which the improvements are to be located, is speci- ally benefited by the Phase II off-street parking structures planned. Each such lot or parcel is to be assessed to pay the proportionate costs and expenses thereof as hereinabove stated. Section B. Period of Assessment; Interest; Use of Proceeds for Ph;a_se,TT Improvements. The special assessments to be levied for the Phase II 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 - 6 - edged and appropriated to the payment of the cost of the struc- -ures, including the payment of principal and interest on bonds issued by the City Council pursuant to Title 7, Chapter 14, Part 46, M.C.A., as amended. Section 9. Requirement of Federal Fundinq7 Time Limit. It is expressly provided that unless the City Council secures adequate com- mitment of Federal funding assistance to construct the planned off- street parking structures no bonds may be issued and sold pursuant to this Resolution; further, that if adequate commitment of such Federal funding assistance is not obtained prior to January 1, 1982, the planned Phase II structure project will be abandoned in this District. Section 10. Protests,. Objections and protests against the cr, ation-of proposed Special Improvement District No. 330 and the making of the Phase II off-street parking improvements therein will be heard by the�City Council at the regular Council Meeting at the City Hall, 336 Fi rst Ave. East, KalisTell, Montana, on the ZO day of 1980, commencing at 7:30 P.M. P ,,�,SSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, DAY OF HONTANA, ON THE 22nd ��eptember__._, 1980. ATTEST: Marjori Ciermann, City Clerk Norma E. Hap Mayok - 7 - J', the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a tT-, 1,opy of the Resolution passej by the C"t Courcil of the City of Kalispell, Mont�ma at a y gular meeting held A-P W�d A -l"t-A City Clexk,pf the City of Kalispell I/