4. Annexation Districts0
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406) 758-7000 Fax - (406) 758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Chris Kukulski, City Manager
SUBJECT: Annexation District Agreements
MEETING DATE: February 17, 2004
BACKGROUND: Attached is a copy of the state statute allowing for the creation of
annexation districts. The Statute is fairly clear, but no one in the state has utilized it since its
passage in 2001. The County Commissioners would like to discuss the City's thoughts on how
this new tool may be used to prevent the expansion of septic systems in areas that are not
contiguous to the City during our next meeting with there February 23.
l believe that there is the potential to utilize this tool, provided the City ensures that
developments built inside such a district are required to build all infrastructure components in a
way that would make a transition of the property from County to City to be seamless for the
resident and city.
RECOMMENDATION: The Council discuss their ideas of how the annexation agreement
statute may be used to assist in the orderly development of our community.
Respectfully submitted,
Chris A. Kukulski, City Manager
7-2-4525. Annexation district. An incorporated city or town may create an
annexation district outside of the city or town. Territory may be included in an
annexation district only upon an agreement between the city or town and the
owner of the property included in a district. The agreement may specify the
duration of the district, which may not exceed 10 years. A city or town may
provide the services specified in the agreement between the city or town and the
property owner to the property in the district. The city or town may impose a tax
levy or a fee on the owner of the property within the annexation district based
upon the difference between the municipal levy or fee and the nonmunicipal levy
or fee. By the end of the period specified in the agreement, the levy or fee must
be the full amount that a resident of the city or town would pay in the year that
the property is annexed. Unless the agreement provides otherwise, the property
in the district is annexed after the period specified in the agreement, and the
district is dissolved. A delinquency in a payment by the owner of property in the
annexation district is collectible in the same manner that other delinquent taxes
or fees are collectible.
History:
En. Sec. 1, Ch. 324, L. 2001.
Compiler's Comments:
Effective Date:
This section is effective October 1, 2001.