8. Deed Restrictions - Flathead Industries 5th Ave W Aptsf- P
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FLATHEAD
INDUSTRIES
66 4th Avenue W.N.
P.O. Box 1916
Kalispell, MT
59903-1916
Phone (406) 755-7656
Fax (406) 756-7787
Corporate
Executive Officers
Vickie L Poynter
Resort m
Peter R Neumann
Operations
Department Directors
Clauderte R Vance
Vocational &habilitation
Carmen K Noffsinger
Finance
Anita L Hamilton
Habilitation Services
To: Glen Neier, City Attorney
City of Kalispell
Subject: Deed restriction on new Fifth Avenue West apartments
Flathead Industries proposes the following deed restrictions on the
replacement apartments for the three residential properties purchased
by the City of Kalispell in 1981.
1. Flathead Industries agrees to use the premises as a residential
facility serving primarily those with physical, mental, developmental,
and/or emotional impairments until January 1, 2008.
Sincerely
Peter Neumann
Operations Officer
A Non -Profit Corpomdon • Accredited by CARF (Commission oiAcat&tation of RehAAliucion Facilities)
BE IT KHACTW BY THE PEOPLE OF THE STATE OF 14ONTPXA:
Section 1. Article VIII of the Constitution of the State of Montana is amended by adding a new
section 17 that reads;
Wg S=IM. Section 17. People's right to. vote on taxes - fairness in tax elections - anfos t.
(1) No new tax or tax increase may be enacted unless first approved by a majority of the electors
voting on the measure in the geographic area subject to the tax.
(2) As used in this section, the following definitions apply;
(a) 'Government' or 'governmental unit` means the state or any political subdivision of the state,
including but not limited to local Bove ts, school districts, and other districts.
(b) "Now tax' includea;
(i) any now tax imposed by a governmental unit; and
(ii) any tax extended to a geographic area not formerly subject to the tax.
(c) *Tax- means any financial charge, however denominated , imposed by a governmental unit and from
which revenue accrues to government, other than:
(i) a price in a voluntary transaction in a eo;apetitive market where the item for which the price
is being imposed is not monopolised by govern;met;t, including but not limited to educational tuition;
or
(il) civil and criminal fines and other ehargca collected in cases of restitution or violation of
law or contract.
(d) 'Tax increase* includes:
(i) an increase in the rate of a tax;
(ii) an expansion in the legal definition of a tax base;
(iii) an extension of an expiring tax;
(iv) complete or partial repeal of inflation indexing;
(v) a required acceleration in payment of a tax; and
(vi) beginning with tax years following (the effective date of this amendment), any increase in a
governmental unit's expected annual property tax revenue that is not attributable to property
improvements or to personal property being moved into the geographic area subject to the governmental
unit. In calculating a prior year's property tax revenue in order to ascertain any rise in expected
annual property tax revenue, revenue collected in excess of that permitted by this section shall be
disregarded.
(3) This section does not apply to;
(a) new taxes and tax increases approved by voter initiative;
(b) specific taxes while dedicated to payment of public debt either existing on (the effective date
of this amendment) or authorized by the voters;
(c) any specific emergency measure authorised by vote of three -fourths (3/4) of the members of each
house of the legislature, subject to Article 111, Section S and expiring not later than the and of
the tax year during which the succeeding regular legislative session ends;
(d) any price for voluntary purchase of an item provided by a governmantal unit where the purchaser
is not a resident of the geographic area subject to the governmental unit charging the price.
(4) In order to promote fairness in tax elections:
(a) no governmental unit shall hold more than one tax election, which may include multiple ballot
issues, in any calendar year. Every tax election shall be held on a data assigned by law for a
primary or general election or, if there is no general election or no primary election during that
year, on the corresponding date.
(b) each ballot issue shall encouVass only a single tax and shall not encompass a general waiver or
delegation of approval authority for future taxing power. Statements of implication for new taxes
shall begin, •SHALL A NEW TAX, DESCRIBED AS FOLLOWS, BE IMPOSED? (followed by description of new
tax).• Statements of implication for tax increases shall begin, `SHALT. THE (NAME OF TAX) TAX BE
INCREASED AMMALLY BY (followed by amount of annual increase when in full effect), IN THE FOLLOWING
MANN'6R2' (followed by description of tax increase). If a proposed tax increase requires an election
because it raises the base or rate, but does- not raise additional revenue, the statement of
implication shall so declare.
(c) The legislature may raise the required level of voter turn -out or the required percentage of
voter approval.
(5) Notwithstanding the referendum exception of Article VI, Section 10, before a bill imposing new
or increased taxes is referred to the people the governor shall have veto power, to be exercised and
overridden under the same rules applicable to other bills.
(6) In order to promote effective enforcement of this section:
(a) a governmental unit collecting revenue in violation of this section shall refund the revenue to
the taxpayers within one year after the tax payment deadline, together with simple interest at the
rate of lc percent per year. All refunds, including refunds of property taxes, shall be based on
excess actual collections rather than on estimated collections. A governmental unit may pay a refund
of excess revenue and interest on the refund as a credit toward an entitled taxpayer's following year
tax liability, but only insofar as the credit fully reimburses the taxpayer.
(b) any elector of a governmental unit has standing to sue for enforcement of this section against
the governmental unit and its agents. Notwithstanding any legislative limitation created pursuant
to Article II, Section 19, sovereign impunity does not shield public officials or employees from
appropriate civil liability for violation of this section. To the extent the elector prevails, the
elector is entitled to attorney fees.
(c) this section is self-executing and shall be liberally construed to subject to fair referendum
new or increased government financial charges not subject to the discipline of the competitive
market.
= SECCION. Section 2. Seversbility. If a part of this amendment is invalid, all valid parts that
are severable from the invalid part remain in effect. If a part of this amendment is invalid in one
or more of its application, the part remains in affect in all valid applications that are severable
from the invalid applications,
NEW SECTION, section 3. Yffeet of aondliet. If there is on irreconcilable conflict between any
part of section 1 and any other pre-existing or contemporaneously approved constitutional provision,
section i prevails.
NEItfigar; N. Section 4. sffeetive date. If approved by the electorate, this amendment is effective
ismsdiately.
Please return your petition to:
Montanans for Better Government, 402 Southwood Drive, Belgrade, MT $9714
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If 10% of the voters in each of 40 legislative districts sign this petition and the total
number of voters signing the petition is 39,724, this constitutional amendment will appear
on the next general election ballot. If a majority of voters vote for this amendment at
that election, it will become part of I;be constitution.
we, the undersigned Montana voters, propose that the secretary of state place the following
constitutional amendment on the November 3, 1996, general election ballot:
This initiative would amend the Montana Constitution to require an election and voter
approval of any new or increased tax imposed by state and local governments, school
districts, and other taxing districts. Bach governmental unit could hold only one tax
election per year. As an emergency measure, a bill passed by 3/4 of each house of the
legislature could enact a state or local tax without voter approval, but it would be in
effect for only a limited time. Any el®ctor could sue to enforce this amendment, and public
officials and employees could be held'd3villy liable for violations.
The exact fiscal impact of this proposed constitutional amendment is unknown; however, it
will limit increases in government revenue and spending if voters do not approve new taxes
and tax increases. There would also be fiscal i"ct if special elections are held for tax
measures.
O FOR amending the Constitution to require voter approval of all new or increased
taxes imposed by state and local governments, school districts and other
districts.
a AGAINST amending the Constitution to require voter approval 'of all new or
increased taxes imposed by state and local governments, school districts and
other districts.
Voters are urged to read the complete text of the measure, which appears on the reverse side
of this sheet. A signature on this petition is only to put the constitutional amendment on
the ballot and does not necessarily mean the signer agrees with the amendment.
WARNING
A person who purposefully signs a name other than his/her own to this petition or who signs
more than once for the same issue at one election or signs when not a legally registered
Montana voter is subject to a $500 fi s, 6 months in jail, or both.
Bach person must sign his/her name and address in substantially the same manner as on his
or her voter registry card or the signature will not be counted.
COMPLETE
SIGNATURE
PRINTED
LAST NAME
POST OFFICE
ADDRESS
LBGIS.
REP. DIST.
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COUNTY:
Please return your petition to: Montanans for Better Government
402 Southwood Drive. Belgrade, MT S9714
TO 7C11yJ (T-T7T "7 HW Inc Caac_QQ1 _a')^ T1. ;CT OrC T rnT IT