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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 PAVING ALLEY APPROACHES IN BLOCK 73 OF SCHOOL ADDITION, PROJECT 09-037, OF THE CITY’S SIDEWALK, CURB, GUTTER AND ALLEY APPROACH PROGRAM; ORDERING IN THE 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 July 6, 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notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed.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, , Mitchell, Rye, Walzer, and Wilkins; voted against the same: none; abstained from voting thereon: none; or were absent: Marler, Strohmaier, and Wiener. WITNESS my hand and seal officially this 6th day of July, 2009. Martha L. Rehbein City Clerk (SEAL) ---PAGE BREAK--- RESOLUTION NUMBER 7440 A RESOLUTION RELATING TO PAVING ALLEY APPROACHES IN BLOCK 73 OF SCHOOL ADDITION, PROJECT 09-037, OF THE CITY’S SIDEWALK, CURB, GUTTER, AND ALLEY APPROACH PROGRAM; ORDERING IN THE 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 twelve (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 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 ---PAGE BREAK--- 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 6th day of July, 2009. John Engen John Engen, Mayor Attest: Martha L. Rehbein Martha L. Rehbein, City Clerk ---PAGE BREAK--- PUBLIC WORKS COMMITTEE 7/01/09 1500 BLK. PHILIPS‐SHERWOOD ALLEY PAVING RESOLUTION TO ORDER ‐ EXHIBIT A GEOCODE SUID PROPERTY OWNER MAIL_1 MAIL_CITY MAIL ST MAIL_ZIP LONG_LEGAL PROPERTY ADDRESS CONSTRUCTION COST ESTIMATE 220016318040000 18105 ALLEN VICKIE E 1502 SHERWOOD ST MISSOULA MT 59802 LOTS 18 TO 20 OF SCHOOL ADDIITON BLK 73 1502 SHERWOOD ST $591.30 220016318050000 2217605 HELMBRECHT DONALD J 1505 PHILLIPS ST MISSOULA MT 59802 LOTS 1 & 2 OF SCHOOL ADDIITON BLK 73 16-13- 1505 PHILIPS ST $394.20 220016318060000 505707 FENTON NATHANIEL R TRUSTEE & MITCHELL EDWARD B TRUSTEE 1511 PHILLIPS ST MISSOULA MT 59802 LOT 3 OF SCHOOL ADDITION BLK 73 16-13- 19 1511 PHILIPS ST $197.10 220016318070000 1449602 FREY MICHAEL M 815 N 6TH ST W MISSOULA MT 59802 LOT 4 BLK 73 SCHOOL ADDITION ADDRESS CHANGE PER CALL 11/06 PD 1515 PHILIPS ST $197.10 220016318030000 650809 RENNER M JULIE 724 OAK BROOK DR VACAVILLE CA 95687 LOTS 15 TO 17 OF SCHOOL ADDITION BLK 73 16-13-19 ADDRESS CHG PER PHONE 2252005 1522 SHERWOOD ST $591.30 220016318080000 1655005 ZANZIG AMY J 1523 PHILLIPS ST MISSOULA MT 59802 LOTS 5 & 6 OF SCHOOL ADDITION BLK 73 16-13- 1523 PHILIPS ST $394.20 220016318090000 2079203 GILLINGHAM JERRY TRUSTEE & BRUCE ROXANNE TRUST 7565 COMMERCIAL WAY STE H HENDERSON NV 89015 LOTS 7 & 8 OF SCHOOL ADDITION BLK 73 16-13- 19 1525 PHILIPS ST $394.20 220016318020000 364309 CONGDON JAMES E & CONGDON OPAL R 520 BROOKS ST MISSOULA MT 59801 LOTS 12 THRU 14 BLK 73 OF SCHOOL ADDITION 1528-1532 SHERWOOD ST $591.30 220016318010000 503732 BARKSDALE JOSHUA M 1538 SHERWOOD ST MISSOULA MT 59802 LOT 11 OF SCHOOL ADDITION BLK 73 16-13- 1538 SHERWOOD ST $197.10 CLAWSON LARRY D S45 FT OF LOTS 9 & 10 OF SCHOOL ADDITION BLK 73 220016318110000 346154 CLAWSON LARRY D L & CLAWSON PATRICIA B 922 COWPER ST MISSOULA MT 59802 SCHOOL ADDITION BLK 73 16-13-19 922 COWPER ST $394.20