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E-1 EXHIBIT E NOTICE OF PASSAGE OF A RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 544; DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND; PROVIDING FOR THE REPAYMENT TO THE CITY OF THE COSTS OF IMPROVEMENTS FOR EXCLUDED PROPERTIES CITY OF MISSOULA, MONTANA NOTICE IS HEREBY GIVEN that on June 15, 2009, the City Council of the City of Missoula, Montana (the “City”), adopted a Resolution of Intention relating to the creation of Special Improvement District No. 544 (the “District”) for the purpose of financing the costs of certain local improvements (the “Improvements”) and paying costs incidental thereto, including costs associated with the sale and the security of special improvement district bonds of the City drawn on the District (the “Bonds”), the creation and administration of the District, and the funding of a deposit to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”). A complete copy of the Resolution of Intention (the “Resolution”) is on file with the Clerk of the Council and available for inspection. The Resolution more specifically describes the nature of the Improvements, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. The improvements to be constructed consist of planning, designing, constructing and installing gravity sanitary sewer mains and gravity or pressure service line stubs from the mains to the right-of-way for properties in the upper Rattlesnake Valley neighborhood as shown on Exhibit C to the Resolution, along with related appurtenances (the “Improvements”), and paying costs associated with the sale and the security of the Bonds and the creation of the District. The total costs of the Improvements is estimated to be $4,013,000 and will be paid for from a Treasure State Endowment Grant in the amount of $500,000; an Environmental Protection Agency Grant in the amount of $482,100; a Department of Natural Resources Grant in the amount of $70,000; proceeds of Sanitary Sewer System Revenue Bonds issued by the City in the amount of $750,000, of which $390,700 in principal amount will be forgiven; the Bonds in the estimated amount of $2,019,542; and contributions from the City in the amount necessary to keep the assessments to be levied against the property in the proposed district to the amounts proposed to be levied against the value of sanitary sewer improvements for the properties in Special Improvement District 528 of the City, which amount is estimated to be $184,000. The City would issue the Bonds in an aggregate principal amount not to exceed $2,019,542 in order to finance the costs of the Improvements, incidental costs, and costs associated with the sale of the Bonds. Principal of and interest on the Bonds will be paid from special assessments levied against the property in the District in the aggregate principal amount ---PAGE BREAK--- E-2 of up to $2,019,542 and such payment will be secured by Revolving Fund. Subject to the limitations of Montana Code Annotated, Section 7-12-4222, the general fund of the City may be used to provide loans to the Revolving Fund or a general tax levy may be imposed on all taxable property in the City to meet the financial requirements of the Revolving Fund. Four parcels of property have been excluded from the boundaries of the District, based on the written request of the owners (the “Excluded Properties”). All properties within the District are to be assessed for a portion of the costs of the Improvements and incidental costs attributable to the District. One-half of the cost of the Improvements or $738,269 shall be assessed against each lot, tract or parcel of land in the District for that part of one-half of the costs of the Improvements, so that the assessable area of such lot, tract or parcel bears to the total assessable area of all lots, tract or parcels of land in the District, exclusive of streets, avenues and alleys. One-half of the cost of the Sewer Main Improvements or $738,269 shall be assessed against each lot, tract or parcel of land (whether or not it currently has structures on it) for that part of one-half of the costs of the Sewer Main Improvements which the assessed valuation of the tract, lot or parcel of land without improvements as of January 1, 2002 bears to the total assessed valuation of all lots, tract or parcels of land without improvements in the District as of January 1, 2002. All properties will be assessed an amount not to exceed $1,804 for a service line stub. The total estimated amount of the Improvements assessment for each lot, tract or parcel of land in the District is shown on Exhibit C attached to the Resolution. The City will pay the costs of the Improvements for the Excluded Properties, which will be reimbursed to the City when such properties are connected to the City Sewer System. On Monday, July 6, 2009, at 7:00 p.m., in the City Council Chambers, 140 W Pine, Missoula, Montana, the City Council will conduct a public hearing and pass upon all written protests against the creation of the District or the making of Improvements that may be filed in the period hereinafter described. Written protests against the creation of the District and the making of the Improvements may be filed by an owner or owners of real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the Clerk of the Council at 435 Ryman Street, in Missoula, Montana, not later than 5:00 p.m., M.T., on July 6, 2009. Such protests must be in writing, identify the property in the District owned by the protestor, and be signed by all owners of the property. The sufficiency or insufficiency of protests, if any, shall be based on the percentage of the dollar amount of assessments of those protesting in relation to the total dollar amount of assessments in the District, as more particularly described in the Resolution. Further information regarding the proposed District or the Bonds or other matters in respect thereof may be obtained from the Missoula Clerk of the Council at 435 Ryman Street, in Missoula, Montana, or by telephone at (406) 258-4705. ---PAGE BREAK--- E-3 Dated: June 15, 2009. BY ORDER OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA /s/_Marty City Clerk (Publication Dates: June 19, 2009 and June 26, 2009)