6. Ordinance 1696 - Lighting Ordinance Revisions - 2nd ReadingTel 406.758.7709
Fax 406.758.777
cbarbaii @kaiispeil.com
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Mayor Tammi fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Ordinance No.1696 -- an ordinance Setting a Per Parcel Limit on the
Assessment of the Special Lighting District — Second reading
ETDATE: April 4, 2010 -- regular Council Meeting
BACKGROUND: ordinance No. 1696 which passed on first reading sets a per parcel limit on
the assessment for the Special Lighting District. Further scrutiny of the ordinance brought
about the opinion of staff that the ordinance should be amended with some clarifying language.
The term "nonexempt" in the meaning in which it was intended, is redundant and may actually
confuse the issue in the future if it is later understood to refer to state tax lags. It should
therefore be struck from the ordinance. Second, the analysis provided to Council intended to
place the cap on parcels larger than five acres that are vacant. There are fully developed parcels
in the city that are larger than five acres but which also greatly benefit from the streetlights. It
was not intended to limit the assessment on those lots that enjoy the full benefit of the lighting.
Therefore language has been added to clarify this distinction.
RECOMMENDATION: ION: That City Council give consideration to the suggested amendments
and, if deemed appropriate make such motion to amend and pass ordinance No. 1697 on second
reading.
FISCAL IMPACTS: There will be no fiscal impact on the City. However the property owners
will receive assessments more in line with the benefits received by the property from the Special
Lighting District.
Respectfully submitted,
8.�4u
Charles Harball City Attorney (,Jane Howington, City Mann er
HEREAS, by Resolution No. 5450 the City of Kalispell currently assesses for the Special
Lighting District each parcel or lot within the Special Lighting District of
the City proportionally on an area basis in the amount of $.003 per square foot of lot
or parcel of land; and
WHEREAS, recently, through the construction of State transportation projects, the Special
Lighting District has become applicable to some very large parcels of land within the
City that generates assessments far in excess of the energy and material costs of
providing the lighting; and
WHEREAS, after considering the application of the current assessment formula on large vacant
properties, the City Council. finds that it is in the best interest of the City and most
equitable to the taxpaying landowner to place a limit upon the assessment formula
such that no more than 5 acres per vacant lot or parcel should be assessed.
-IfT% _TAEM�FOA!�, -BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL [. FOLLOWS:
SECTION I. Each nenaxrJamntparcel or lot within the Special Lighting District of
the City of Kalispell shall be assessed proportionally on an area basis
in the amount to be determined from time to time by the City Council.
per square foot of lot or parcel of land up to a maximum of five (5)
acres for vacant parcels.
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 KALIS PELL THIS 4TH DAY of APRIL, 2011.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor