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5. Ordinance 1695 - Amending Ordinance 1587 - Impact Fees - 2nd Reading60 �' III is Tel 406.758.7709 Fax 406.758.7771. charball @kallspell.com Tom Mayor Tammi Fisher and Kalispell City Council Charles Harba.11, City Attorney Jane Howington, City Manager SUBJECTO ordinance No. 1095 -- an ordinance Amending the Impact Fee Ordinance Regarding the Administration of Installment Payments — second Reading MEETING Tr . April 4, 2011-- Regular Council Meeting BACKGROUND: on the 10th d.ay 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. on the loth 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. After considering the application of the installment payment option, staff has recommended to the Kalispell City Council that further refinement of this option is in the best interest of the City for prudent administration of the payment program. The specific recommendations are: 1) In the event the first payment is made between January 1st and. Tune 30th the first installment payment should be placed on the tax roll to be due November of the same year. Z) 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 should be paid to the City of Kalispell. 3) The impact fees eligible for the election of installment payments should be: a. For single family residences -- water, sanitary sewer and storm water impact fees. b. For all other uses — water, sanitary sever, storm water and transportation impact fees in excess of $500.00 4) All penalties and interest earned from financed impact fees should be placed in the General Fund as an administrative fee. Ordinance No. 1695 Memorandum March 29, 2011 Page - 2 RECOMMENDATION: That City Council give consideration to and pass Ordinance No. 1695 on second reading. FISC IMPACTS: Any fiscal impact to the City from this Ordinance should be minimal. Respectfully submitted, Charles Harball, City Attorney 4fane Howington, City Mager Office of City Attorney City of Kalispell AN ORDINANCE AMENDING THE CITY OF KALISPELL IMPACT FE ORDINANCE NO. 1587 CODIFIED AT CHAPTER 8 OF THE KALISPEL MUNICIPAL CODE, DECLARING CITY ATTORNEY TO CODIFY THE SAME, WHEREAS, 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 20th 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 CI'T`Y 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. ATTEST: Theresa White City Clerk Tam mi Fisher Mayor EXHIBIT "A"" 8-3 J 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- l602 FICA., 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 B, the Kalispell Building Department shall collect all impact fees imposed and shall collect there 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. QiThe 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 a ment is made between January 1 't and June 3 0th the first installment payment shall be laced on the tax roll to be due November of the same arm U on the closin og� f 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 aid 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 S500.00 (iii) All penalties and interest earned from financed impact fees shall be placed in the General Fund as an administrative fee.