8. Ordinance 1300 - Street Maintenance Adjustment - 1st ReadingNIP
MEMORANDUM
December 9,1998
L
To: Glen Neier, City Attorney /Interim City Mangy
From: Jim Hansz, Director of Public or s
Subject: Street Maintenance Assessment Ordinance # 1 5, change
The ordinance which established Special Maintenance District 1 contains no provision for
adjustment of charges as is provided for in the City's storm drainage assessment
ordinance. The ordinance is brief having only seven sections. Section V generally speaks
to costs and expenses and the method of assessment. It would appear that a new section,
Section VIII, dealing with adjustment of charges would be appropriate to address this
issue.
The language of this new section could generally follow that used in the storm drainage
ordinance.
"SECTION VIII. Any person who considers the charges applicable to his lot or parcel to
be unjust or inequitable may apply to the City Manager for adjustment thereof, stating in
writing the grounds of his complaint. The City Manager shall cause appropriate
investigation thereof and report his findings to the City Council if said complaint is not
withdrawn. The City Council shall promptly review and hear the complaint; if the City
Council determines that an adjustment of the charges for any such lot or parcel is
necessary for the just and equitable application of the costs and expenses of Special
Maintenance District 1, it shall so provide, either by ordinance amendatory hereto, or by
directive to the City Manager, special charges for individual lots or parcels."
As an alternative, this language could be rolled into a revision of Section V.
I believe this change will address the concerns raised by the City Council with respect to
the complaint registered by4he Peters.
.� •' C• •• . • .�. ..1 •• �.r._, ._W
ORDINANCE NO. 1300
AN ORDINANCE AMENDING ORDINANCE NO. 1035 BY PROVIDING A METHOD FOR
ADJUSTING SPECIAL STREET MAINTENANCE ASSESSMENTS, AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That Ordinance No. 1035, § V is hereby
amended by addition of the following:
Any person who considers the charges applicable to his lot or
parcel to be unjust or inequitable may apply to the City
Manager for adjustment thereof, stating in writing the grounds
of his complaint. The City Manager shall cause appropriate
investigation thereof and report his findings to the City
Council if said complaint is not withdrawn. The City Council
shall promptly review and hear the complaint; if the City
Council determines that an adjustment of the charges for any
such lot or parcel is necessary for the just and equitable
application of the costs and expenses of Special Maintenance
District 1, it shall so provide, by directive too the City
Manager, special charges for individual lots or parcels.
SECTION II. This Ordinance shall take effect 30 days
after finally passage by the City
Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS
DAY OF JANUARY, 1999.
Wm. E. Boharski - Mayor
Attest:
Theresa White
Clerk of Council
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