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Return to: City Clerk 435 Ryman Missoula, MT 59802 RESOLUTION NUMBER 7572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, AMENDING RESOLUTION NO. 7564 WHICH CREATED THE CITY OF MISSOULA PARK DISTRICT NUMBER 1 AND LEVIED AND ASSESSED THE LOTS AND PARCELS WITHIN SUCH DISTRICT FOR THE COSTS OF CERTAIN SERVICES AND IMPROVEMENTS, TO REFLECT THE TOTAL NUMBER OF WRITTEN PROTESTS RECEIVED REGARDING THE CREATION OF SUCH DISTRICT; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO CITY OF MISSOULA Missoula County, Montana CITY OF MISSOULA PARK DISTRICT NUMBER 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA: WHEREAS, the City of Missoula, Montana (the “City”) is a municipality duly organized and existing under and by virtue of the Constitution and laws of the State of Montana; WHEREAS, the City Council of the City (the “Council”) is authorized by Montana Code Annotated Title 7, Chapter 11, Part 10, as amended, to create special districts to provide maintenance, purchasing and improvement services for City-owned facilities, land and equipment under the responsibility and care of the City of Missoula Parks and Recreation Department to the inhabitants of the special district; WHEREAS, the Council is authorized by MCA, Title 7, Chapter 11, Part 10, as amended, to finance the maintenance, purchasing and improvement services within the special district by levying an assessment on the lots and parcels within the boundaries of the special district; WHEREAS, pursuant to MCA Section 7-11-1007, the Council conducted a public hearing on July 12, 2010, regarding the intent of the City to create a special district in the form of a City-wide park district; WHEREAS, pursuant to MCA Section 7-11-1007, the City adopted Resolution No. 7546 on July 19, 2010, (the “Resolution of Intention”) declaring its intention to create a special district to be known as the “City of Missoula Park District Number 1” (the “District”) for the purpose of providing certain services as enumerated in the Resolution of Intention (collectively, the “Services and Improvements”); WHEREAS, pursuant to MCA Section 7-11-1025, the City must provide notice of the annual levy and assessment of all lots and parcels in the District for the costs of the Services and Improvements to be provided each year within the District; WHEREAS, pursuant to the Resolution of Intention, the Council declared the estimated costs of the Services and Improvements and declared its intention to finance the costs of the Services and ---PAGE BREAK--- Improvements with assessments against each lot or parcel of land within the District, including the improvements on the lot or parcel, for that part of the cost of the District that its taxable valuation bears to the total taxable valuation of the property in the District. Pursuant to the Resolution of Intention, taxable value shall be determined: by the Montana Department of Revenue (the “Department”); or (ii) by the City in those cases that the Department has not made a determination of taxable value; WHEREAS, a copy of the notice of passage of the Resolution of Intention was published in the Missoulian, a newspaper of general circulation in Missoula County, on July 25, 2010, and August 1, 2010, in the form and manner prescribed by MCA Section 7-1-4127; WHEREAS, a copy of the notice of passage of the Resolution of Intention was mailed to every person, firm, corporation or the agent of such person, firm or corporation having real property with the District listed in his or her name upon the last completed assessment roll for state, City, county and school district taxes, at his or her last-known address, on or before the same day such notice was first published. A copy of the notice of passage of the Resolution of Intention was also mailed to those owners of property where the Montana Department of Revenue has not assigned a taxable value. Such notice conformed to the requirements of MCA Section 7-11-1007(3)(c); WHEREAS, pursuant to Resolution No. 7562, the City extended the time for receipt of written protests regarding the proposed District until 5:00 p.m., Mountain Time, on September 7, 2010, from all owners of real property within the District subject to assessment for the costs of the Services and Improvements; WHEREAS, notice of the annual levy and assessment of all lots and parcels in the District for the costs of the Services and Improvements to be provided within the District to be levied pursuant to the Resolution of Intention was published in the Missoulian, a newspaper of general circulation in Missoula County, on September 1, 2010, and September 8, 2010; WHEREAS, a public hearing was held on September 13, 2010, during a regular meeting of the Council; WHEREAS, at such hearing the Council heard and passed upon written protests regarding the creation of the District; WHEREAS, at such hearing the Council heard and passed upon protests regarding the annual levy and assessment of all lots and parcels in the District for the costs of the Services and Improvements to be provided within the District; WHEREAS, after such hearing the Council adopted Resolution No. 7564 pursuant to MCA Section 7-11-1013 and MCA Section 7-11-1025 (the “Creation Resolution”), and thereby created the District and levied and assessed the lots and parcels within the District for the costs of the Services and Improvements; and WHEREAS, the Creation Resolution stated in its twelfth WHEREAS clause that 1,217 protests were filed within the protest period as determined pursuant to MCA Section 7-11-1008; and that the protests filed represented 6.8 percent of the total estimated costs of the District and the Services and Improvements to be financed, in accordance with the methods of assessment in the Resolution of Intention; while the actual number of such written protests filed was greater, but still resulted in total written protests for less than 50 percent of the total estimated costs of the District and the Services and Improvements to be financed; WHEREAS, MCA 7-11-1008(d) provides that in determining whether or not sufficient protests have been filed in the proposed special district to prevent further proceedings, property owned by a governmental entity must be considered the same as any other property within the proposed district; ---PAGE BREAK--- 3 WHEREAS, the proposed assessments to pay the costs to provide the Services and Improvements in the District against each lot or parcel of land, including the improvements on the lot or parcel, are based on that part of the cost of the Services and Improvements that such lot or parcel’s taxable valuation bears to the total taxable valuation of the property in the District; WHEREAS, property owned by a governmental entity does not have a taxable value determined by the Department; WHEREAS, the Creation Resolution did not propose to assess property owned by a governmental entity or other property within the boundaries of the District without a taxable value as determined by the Department; WHEREAS, the Creation Resolution states that the official list of those properties subject to assessment, fees or taxation within the District, including the names of the owners of such properties and the amount of assessment on each property, is on file and available for public inspection in the Missoula County Treasurer’s Office, and further such list is the last completed county assessment roll for the lots or parcels of land including improvements thereon, within the boundaries of the District, and such official list provides that governmental entities and other property without a taxable value assigned by the Department will not be assessed to pay for the Services and Improvements in fiscal year 2011; WHEREAS, all property within the proposed special district was treated the same in determining the sufficiency of protest, in that each protest was weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made, as required by MCA 7- 11-1008(b); WHEREAS, if all property owned by a governmental entity was treated as if it had a taxable value and if all of the owners of such property objected to the formation of the District; and if all the written protests actually received were weighted in proportion to the amount of the assessments to be levied against the lot or parcel with respect to which they were made, then the Council has been advised that the increase in the percentage of protests would result in total protests for less than 50 percent of the total estimated costs of the District and the Services and Improvements to be financed; NOW, THEREFORE IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows: Section 1. Amendment of Creation Resolution. The Council hereby amends the twelfth WHEREAS clause of the Creation Resolution to reflect the fact that greater than 1,217 written protests were filed within the protest period as determined pursuant to MCA Section 7-11-1008; and that such protests represented less than 50 percent of the total estimated costs of the District and the Services and Improvements to be financed, in accordance with the methods of assessment in the Resolution of Intention. Section 2. Insufficiency of Protests. The Council hereby confirms its finding in the Creation Resolution that protests against the creation of the District filed during the protest period are insufficient to prevent the creation of the District. Section 3. Ratifier. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City and its employees with respect to the creation of the District are hereby in all respects ratified, approved and confirmed. Section 4. Repealer. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or effect. Section 5. No Personal Recourse. No recourse shall be had for any claim based on this Resolution against any Council member or the City, nor any officer or employee, past, present or future, of the City or of any successor body as such, either directly or through the City or any such successor ---PAGE BREAK--- 4 body, under any constitutional provision, statute or rule of law or by the enforcement of any assessment or penalty or otherwise. Section 6. Effective Date. This Resolution shall be in full force and effect from and after its date of adoption. PASSED AND ADOPTED by the City Council of the City of Missoula, Montana, this 18th day of October, 2010. CITY OF MISSOULA Missoula County, Montana John Engen John Engen, Mayor ATTEST: Martha L. Rehbein Martha L. Rehbein, CMC City Clerk ( S E A L ) ---PAGE BREAK--- CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Missoula, Montana (the “City”), hereby certify that the attached resolution is a true copy of a resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, AMENDING RESOLUTION NO. 7564 WHICH CREATED THE CITY OF MISSOULA PARK DISTRICT NUMBER 1 AND LEVIED AND ASSESSED THE LOTS AND PARCELS WITHIN SUCH DISTRICT FOR THE COSTS OF CERTAIN SERVICES AND IMPROVEMENTS TO REFLECT THE TOTAL NUMBER OF WRITTEN PROTESTS RECEIVED REGARDING THE CREATION OF SUCH DISTRICT; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City at a meeting on October 18, 2010, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at such meeting, the Resolution was adopted by the following vote: AYES, and in favor thereof: Childers, Houseman, Jaffe, Marler, Rye, Strohmaier, Walzer, and Wiener. NAYS: Haines, Mitchell and Wilkins ABSENT: Hellegaard ABSTAIN: None WITNESS my hand officially this 18th day of October, 2010. CITY OF MISSOULA Missoula County, Montana Martha L. Rehbein Martha L. Rehbein, CMC City Clerk ( S E A L )