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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 RELATING TO STEPHENS - McDONALD AVENUE CURB AND SIDEWALK IMPROVEMENTS, PROJECT 08-008, OF THE CITY’S SIDEWALK, CURB, GUTTER AND ALLEY APPROACH PROGRAM; ORDERING IN THE SIDEWALK, CURB, GUTTER, AND ALLEY APPROACH IMPROVEMENTS AND DIRECTING NOTICE BE GIVEN TO AFFECTED PROPERTY OWNERS” (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 June 22, 2009, 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notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed.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 said meeting, the following Council Members voted in favor thereof: Childers, Haines, Hellegaard, Hendrickson, Jaffe, Marler, Mitchell, Rye, Strohmaier, Walzer, Wiener and Wilkins; voted against the same: none; abstained from voting thereon: none; or were absent: none. WITNESS my hand and seal officially this 22nd day of June, 2009. Martha L. Rehbein City Clerk (SEAL) ---PAGE BREAK--- RESOLUTION NUMBER 7433 A RESOLUTION RELATING TO STEPHENS - McDONALD AVENUE CURB AND SIDEWALK IMPROVEMENTS, PROJECT 08-008, OF THE CITY’S SIDEWALK, CURB, GUTTER, AND ALLEY APPROACH PROGRAM; ORDERING IN THE SIDEWALK, CURB, GUTTER, AND ALLEY APPROACH IMPROVEMENTS AND DIRECTING NOTICE BE GIVEN TO AFFECTED PROPERTY OWNERS WHEREAS, the City is granted the power pursuant to Section 7-14-4109, M.C.A., to order certain improvements without creation of a special improvement district and certain sections of curb and gutter, sidewalks, drive approaches, alley approaches and/or appurtenant features have deteriorated, settled or cracked, or none exist, or some of the foregoing do not exist; and WHEREAS, the safety and convenience of the public require installation, construction, reconstruction, repair or replacement of curbs and gutters, sidewalks, drive approaches, alley approaches, and/or appurtenant features or combinations thereof; and WHEREAS, the City has implemented an annual program to cause the construction or reconstruction of needed or unsafe sidewalks, curbs or gutters through various projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, AS FOLLOWS: 1. Authorization. The Council hereby orders the installation, construction, reconstruction, or replacements of certain curbs, gutters, sidewalks, drive approaches, alley approaches and appurtenant improvements in certain locations (the “Improvements”), which improvements and locations are more fully described in Exhibit A hereto (which exhibit is incorporated by reference and made a part hereof). 2. Affected Properties. All properties which will be required to pay any portion of the costs of the Improvements identified herein are listed and the owners of those properties are identified on Exhibit A attached hereto. 3. Estimated Costs. The costs to be assessed against the property owners will include the costs of constructing the Improvements and the City’s administrative costs, costs of financing and a contribution to the City’s Revolving Fund. The estimated costs of the Improvements are shown on Exhibit A hereto describing the Improvements. The actual cost to be assessed against any benefited property will be determined by the actual amount of work done adjacent to the property plus a proportionate share of the costs of any alley approaches for the block within which the property is located. 4. Assessment of Costs. All costs of constructing the curbs, gutters, sidewalks, drive approaches and alley approaches, including engineering, administrative, bond, and contingency costs will be assessed against the properties which are adjacent to the Improvements installed. 5. Period of Assessments. The assessments for all improvements and costs shall be paid in not more than twenty (20) annual installments, plus interest, provided however, that payment of one-half of each annual installment, plus interest, may be deferred to May 31 of the year following the assessment. 6. Notice; Property Owner Option to Construct Improvements. Notice of the ordering in of the Improvements shall be given by registered or certified mail to each owner or agent of the owner and to any purchaser under contract for deed of such property or the owners or agents of all adjacent owners ---PAGE BREAK--- having assess to their properties by the alley approach, as appropriate, in such manner as the council may direct. Property owners shall have thirty (30) days from the date of service of the notice to construct the improvements at their own expense. In the event the owners do not install these improvements, the City may construct or cause the sidewalk, curb, gutter or drive approach to be constructed or may construct or cause the alley approach to be constructed and shall assess the cost thereof, including engineering costs and related costs, against the property in front of which the same is constructed or against the lot or parcels of land having access via the constructed alley approaches, and will assess the costs against the benefited properties. Passed by the City Council of the City of Missoula, Montana, this 22nd day of June, 2009. John Engen John Engen, Mayor Attest: Martha L. Rehbein Martha L. Rehbein, City Clerk ---PAGE BREAK--- PUBLIC WORKS COMMITTEE 6/17/09 PROJECT 08-008 STEPHENS & McDONALD AVE RESOLUTION TO ORDER EXHIBIT A GEOCODE SUID NAME_MAIL MAIL_1 MAIL_CITY MAIL_ST MAIL_ZIP LONG_LEGAL MARKET VALUE ADD_NO STR_NAME COST ESTIMATE 220033302090000 1809808 PARISH WISHERD VANESSA A 1005 MCDONALD AVE MISSOULA MT 59801 BITTERROOT HOMES LOT 1 $105,900.00 1003-1005 MCDONALD AVE $5,460.00 220033302060000 1810005 DAUGHERTY SPIKE O 1009 MCDONALD AVE MISSOULA MT 59801 BITTERROOT HOMES LOT 4 $105,293.00 1007-1009 MCDONALD AVE $1,590.00 220033302100000 358706 COLLINS MISSOULA APTS 1915 MORENA BLVD SAN DIEGO CA 92110 TRACT IN S2 NW4 $1,563,253.00 1103-1137 MCDONALD AVE $6,760.00 220033302070000 1809904 GETZ ORVILLE E & CARLA H 1106 26TH AVE MISSOULA MT 59804 BITTERROOT HOMES LOT 3 $104,101.00 3405-3407 STEPHENS AV $5,420.00 220033302050000 778928 VEAZEY J 888 EVANS AVE MISSOULA MT 59801 TRACT E COS 1234 IN SW4 $837,311.00 3701 STEPHENS AVE $10,290.00 220033302040000 198220 VEAZEY WILLIAM W 2710 BENT TREE WAY MINNETONKA MN 55305 TR E2 COS 1180 IN W2 SW4 PLAT E5' 33-13-19 1.49AC $1,133,417.00 3725-3735 STEPHENS AVE $240.00