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Ordinance 1475 - AMENDS ORD 1420 - Correcting Methodology Error for Street AssessmentsORDINANCE NO. 1475 AN ORDINANCE AMENDING ORDINANCE 1420 BY CORRECTING A METHODOLOGY ERROR TO GIVE EFFECT TO THE ORIGINAL INTENT OF THE ORDINANCE AND DECLARING AN EFFECTIVE DATE. WHEREAS; Ordinance 1420 Section V. placed caps on the assessments of two categories of properties for the purpose of making such assessments more equitable in relation to the services provided; and WHEREAS; a specific monetary cap, as well as a size definition was established by the ordinance causing the unintended result of requiring amendments to the caps each time rates are adjusted; and WHEREAS; it was the intention of the City Council to set the caps to create a more equitable assessment but not to create a cap that must be reexamined each time the rates are changed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. Ordinance 1420 is hereby amended at Section V. to read as follows: That Ordinance No. 1035 § V is hereby amended by replacement of the existing language with the following: 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 as follows Category 1 Vacant Land up to Two Acres — shall be assessed at the same rate as all vacant land up to two acres. Category I Vacant Land over Two Acres — shall be assessed a total amount of no more than the assessment for two acres of vacant land. Category 2 Residential Land Up to %a acre - shall be assessed at the same rate as all residential land up to 1/2 acre. Category 2 Residential Land Over %a acre: — shall be assessed a total amount of no more than the assessment for acre of residential land_ Category 3 Commercial 90% Covered: - shall be assessed at the rate set annually by City Council. Category 4 Commercial 100% Covered: - shall be assessed at the rate set annually by City Council. Public and private parklands, as defined by Kalispell City Code 28-3-19, and cemeteries shall be exempt from the assessment. SECTION 2. This Ordinance shall take effect 30 days after final passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS I S 111 DAY Or AUGUST, 2003. ATTEST: Theresa White City Clerk