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RESOLUTION NO: 08- 1 8737 A RESOLUTION CLARIFYING THE BOL]-NDARIES OF THE SOUTH BILLINGS BOULEVARD URBAN RENEWALDISTRICT AS DESCRIBED IN RESOLUTION O8-18687. WHEREAS, on November 13,2007, the City Councii adopted Resolution 07-18627 that declared blight, stated the intent to create an urban renewal district and set a date ofa public hearing; WHEREAS, on December 10,2007, the City Council adopted Ordinance 07-5441 declaring blight and creating an urban renewal district after held a public heanng was held, alld; WHEREAS, on January 28, 2008, the City Council approved the annexation of Tract 2-B-1 Certificate of Survey 1 121, iocated in Section 16, Township 1S, Range 26E south ofthe South Frontage Road, but outside of the South Billings Boulevard Urban Renewal District, and; WHEREAS, on March 10, 2008, City Council adopted Resolution 08-18687 conecting the original legal description contained in Resolution 07-18627, arñ; WHEREAS, after the City reviewed the documents creating the South Billings Boulevard Urban Renewal District a public notification error was dissovered. The public notification for the public hearing held December 70,2007, was published one time in a newspaper of general circulation and notices were mailed to each property owner within the district. State statute requires publication of two public notices in a newspaper of general circulation at least six days aparf (7-1-4127, MCA), and; WHEREAS, on April 14, 2008; City Council repealed Resolution 08-18687 and adopted Resolution No. 08-18697 declaring the City Council's intent to create a South Biilings Boulevard Urban Renewal District with tax increment authority, declaring the existence of blight within the South Billings Boulçvard Urban Renewal area, setting a public hearing date for April 28, 2008, and requiring publication and mailing of the notice of hearing, and; V/HEREAS, a notice advertising the public hearing to be held on April 28,2008, was published in the Billings Times on April 10 and April 22, 20Q8, Pursuant to 7 -1'4127 , MCA, and; WHEREAS, on April 28, 2008, the City Council held a public hearing and repealed Ordinance 07-5441 and adopted Ordinance 08-5462 creating the South Billings Boulevard Urban Renewal District for the purpose of complying with the public notice requirement Pursuant to 7-1'4127, MCA' and; WHEREAS, in June, 2008, the Montana Department of Revenue reviewed the City's documentation related to the creation of the South Billings Boulevard Urban Renewal District and found the documentation to be complete and without errors with the exception ofthe corrected legal description, The corrected legal description referenced the existing city timits at the point where the district's southern boundary follows the$outh Frontage Road. The reference was accurate at the time the district was created in December, 2007,b:ut between adoption of the original ordinance creating the district and thc resolution correcting the legal description, the aforementioned property was annexed to the City in this vicinity. A literal interpretation of the corrected legal description would include the annexed property; WHEREAS, the intent of the City Council upon adopting the Ordinance 08-5462 was to comply with the r€quirements of the public notification process and not change the boundary of the Urban Renewal District; NOW, THEREFORE, the City Council of the City of Biilings, Montana, declares and resolves as follows: 1. Description of South Billings Boulevard Urban Renewal District The area designated as the South Billings Boulevard Urban Renewal District is described as: Starting at the intersection of Súafe Avenue and Van Buren Sfreef, extending south down the centerline of Van Buren Sfreef to the intersection of Van Buren Sfreef and Roosevelt Avenue, extending east down the centertine of Roosevelt Avenue to the intersection of Roosevelt ---PAGE BREAK--- Avenue and Jackson Street, extending south down the centerline of Jackson Street to the intersection of Jackson Sfreef and Madison Avenue, extending east down the centerline of Madison Avenue to the intersection of Madison Avenue and Washington Street, extending south down the centerline of Washington Street to the intersection of the centerline of Washington Sfreeú and the existing City of Bitlings city limit boundary, extending southerty and westerly along the existing city limit boundary to the intersection of Jackson Sfreef and King Avenue East, extending easf along the centerline of Kng Avenue East to the intersection of King Avenue Easf and Washington Street, extending south along the centerline of Washíngton Súreef and its projection across the lnterstate 90 right-of-way, to its intersection with South Frontage Road, thence in a westerly direction following the south right of-way boundary of the South Frontage Road to the northeast corner of Lot 1, Block 1, Willowbrook Subdivision, thence in a southerly and westerly direction followlng the existing city limit boundary to a point which intersects with the extension of the southern boundary of Tract 1, C/S 2834, then west along said southern boundary of Tract 1, C/S 2834 and southern boundary of Block 4 of Weil Subdivision to the intersection with the centerline of Mullowney Lane, extending north along the centertine of Mullowney Lane and its projection to the centerline of Laurel Road, extending norTheast along the centerline of Laurel Road to its intersection with State Avenue, extending northeast and east atong the centerline of Súaúe Avenue to the ending point at the intersection of Sfaúe Avenue and Van Buren Sfreeú. Excluding all nonincorporated land within the boundary and Tract 1, C/S 2350. APPROVED AND PASSED by the City Council of the City of Billings this 28th day of July, 2008. CITY OF BILLINGS ATTEST: BY: u;'ru-¿-.,?4Dl Cari Martin, City Clerk