Ordinance 1695 - Amends Ordinance 1587 - Extends Impact Fee InstallmentsWHEREAS, on the 161h 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, on the 20'h day of September, 2010 the Kalispell City Council passed Ordinance
1681 which authorized the payment of impact fees in installments over a period of
five years; and
WHEREAS, after considering the application of the installment payment option, the Kalispell
City Council finds that further refinement of this option is in the best interest of
the City for prudent administration of the payment program; 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 4TH DAY OF APRIL, 2011.
i
Tammi Fisher
ATTEST: Mayor
Theresa White
City Clerk
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. (i) The party responsible for the payment of impact fees may elect to pay certain 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. In the event the first payment is made between January lst and June 30th the
first installment payment shall be placed on the tax roll to be due November of the same
year. Upon the closing of a sale of the subject property, if such sale occurs prior to full
payment of the impact fees due, the balance of all impact fees due and owing shall be paid
to the City of Kalispell. 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 property.
(ii) The impact fees eligible for the election of installment payments shall be:
a) For single family residences - water, sanitary sewer and storm water impact fees.
b) For all other uses — water, sanitary sewer, storm water and transportation impact fees
in excess of $500.00
(iii) All penalties and interest earned from financed impact fees shall be placed in the
General Fund as an administrative fee.