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Ordinance 1035 - Creating Special Maintenance District 1356. ORDINANCE NO. 1035 AN ORDINANCE CREATING SPECIAL MAINTENANCE DISTRICT NO. 1, FOR THE PURPOSE OF MAINTAINING THE STREETS AND AVENUES OF THE CITY OF KALISPELL, TO DEFINE THE BOUNDARIES OF SAID DISTRICT, TO PROVIDE FOR ASSESSMENTS, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Kalispell considers it necessary and desirous to create SPECIAL MAINTENANCE DISTRICT NO. 1 for the purpose of maintaining the streets, avenues, alleys and public roads of the City of KALISPELL, and WHEREAS, SPECIAL MAINTENANCE DISTRICT NO. 1 shall replace Water Sprinkling District No. l and Oil Sprinkling District No. 2 as authorized and required by the Title 7, Chapter 12, Part 44, Montana Code Annotated, and WHEREAS, the funds generated by specially assessing property within the City shall be used for sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, leaf and debris removal and other general maintenance of the streets and avenues, and WHEREAS, the City has the authority to create maintenance dis- tricts and to specially assess property within said district for costs pursuant to Title 7, Chapter 12, Part 44, Montana Code Anno- tated, and WHEREAS, work undertaken and paid for by special assessment shall be maintenance of streets, avenues, alleys and public roads which are of a durable and continuing benefit to the City of Kal- ispell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL SECTION I. That there is hereby created Special Main- tenance District No. 1 for the purpose of maintaining the streets, avenues, alleys and other public roads in the City of Kalispell. SECTION II. That maintenance as used herein shall include but not be limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general-c.lean- ing, sweeping, flushing, snow removal, and leaf and debris removal. SECTION III. That the Boundaries of .said Special Main- tenance District No. 1 is that area described in Reso- lution No. 3490 , passed and adopted by the City Council of the City of Kalispell and Mayor on the bth day of September , 1983, and shall be subject to change by further resolution of the City Council not more than one time in any succeeding calendar year. SECTION IV. The work undertaken'as maintenance in Special Maintenance District No. 1 shall be accomplished either by contract or by forces employed by the City in such a manner as the Council may direct. SECTION V. That the cost of and expenses of maintaining the streets, avenues, alleys and public roads shall be assessed against each lot or parcel within the Special Maintenance District No. 1 for that part of the whole cost which its area bears to the area of the entire dis- trict, exclusive of streets, alleys, and public places, the amount assessed and levied against all property in the District shall not be less than seventy-five percent (75%) of the entire cost of said maintenance. 357. SECTION VI. The City Clerk is hereby authorized and directed to give notice of the creation of Special Maintenance District No. 1 as required by law. SECTION VII. THIS, ORDINANCE shall be effective from and after 30 days next succeeding its passage by the Council and approval by the Mayor. FINALLY PASSED AND APPROVED THIS 6TH ❑AY OF SEPTEMBER 1983. ATTEST: 'Flarjorike Giermann Acting City Clerk -Treasurer Kalispell, Montkia, do certify that on I, Marjorie GiemMannt City Clerk of the City of d a- c Ce the day of , 19� T Posted a copy of the foregoing o�da of in my office, and t same remained Posted until the second reading on the lg^ and the foregoing is a true and orrect copy of the ordinance Las p sed by the City, Cocil.. of Ka1is ell, g�oatana City Cl of the Gity P 1