Ordinance 1681 - Amends Ordinance 1587 - Collection of Impact FeesAN ORDINANCE AMENDING THE CITY OF KALISPELL IMPACT FEE ORDINANCE
NO. 1587 CODIFIED AT CHAPTER 8 OF THE KALISPELL MUNICIPAL CODE,
DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO
CODIFY THE SAME.
WHEREAS, on the 16`h day of October 2006 the Kalispell City Council passed Ordinance 1587
which authorized the imposition of impact fees and provided for the regulation of the
collection of those fees; and
WHEREAS, the development community, the Impact Fee Committee and the City Council have
discussed some apprehension about the possible chilling effect the impact fees may
have upon property owners considering further investment in the community,
particularly in a slow economy; and
WHEREAS, to allow a property owner to make payments of the impact fees over a period of time
is a method which, in some circumstances, may provide a property owner with the
option necessary to go forward with a planned development; and
WHEREAS, the City Council finds that it is in the best interest of the City and its residents to
provide the option, set forth in Exhibit "A", to allow the payment of impact fees due
in installments over a period of time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Ordinance No. 1587, codified as Kalispell Municipal Code 8-31, is
hereby amended to read as set forth in Exhibit "A", attached hereto
and incorporated fully herein by this reference.
SECTION II. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION III. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 201h DAY OF SEPTEMBER, 2010.
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
8-31 Collection of Impact Fees.
A.Upon collection, all impact fees shall be deposited in a special proprietary fund, which
shall be invested with all interest accruing to the fund.
B.The City may impose impact fees on behalf of local districts.
C.If the impact fees are not hereafter collected or spent in accordance with this article or are
not in compliance with 7-6-1602 MCA, any impact fees that were collected must be
refunded to the person who owned the property at the time that the refund was due.
D. Unless an election is made as described below in paragraph E, the Kalispell Building
Department shall collect all impact fees imposed and shall collect them no earlier than the
date of issuance of a building permit if a building permit is required for the development or
no earlier than the time of wastewater or water service connection or well or septic
permitting.
E. The party responsible for the payment of impact fees may elect to pay such fees over a
period of five (5) years in five (5) equal installments, each installment bearing an annual
interest rate of five (5%) percent on the remaining_ principal balance. The first payment will
be due and paid to the Kalispell Building Department upon application for a building permit
or at the time of wastewater or water service connection or well or septic permitting. Upon
making the election the owner of the land served by the municipal services shall execute all
necessary documentation to allow an assessment to be placed against the property so served
such that the balance of the amount owed shall be a lien upon the serviced property and
invoiced and paid through the Flathead County offices in the same manner as other
municipal assessments against the propertL.