03. Resolution 5295 - Creating Parks Maintenance District No. 1Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7977
Fax 406.758.7979
charball@kalispell.com
SUBJECT: Creation of a City -Wide Parks Maintenance District —
Resolution No. 5295
MEETING DATE: Monday, August 18, 2008
BACKGROUND: On July 7, 2008, pursuant to §7-12-4001, MCA, the City Council
passed a resolution of intention to create a Parks Maintenance District, stating the
maximum number of mills or the maximum fee that will be assessed for the
District. The City Clerk published notice of the resolution of intent on July 18, 2008
and July 25, 2008 in accordance with Section 7-1-2121, MCA and further mailed
such notice to each person, firm, or corporation or the agent of the person, firm, or
corporation having real property within the proposed district listed in the owner's
name upon the last -completed assessment roll for state, county, and school district
taxes, at the owner's last -known address, upon the same day that the notice was
first published. This notice stated the general character of the purpose of the Parks
Maintenance District, stated the estimated cost of the district services, described
generally the method by which the costs of the district services will be assessed, and
designated the time when and the place where the City Council will hear and pass
upon all written protests that may be made against the formation of the Parks
Maintenance District. The City Council held a public hearing and received evidence
in its consideration whether to pass a final resolution creating a Parks Maintenance
District as set forth herein at a meeting held on August 4, 2008. Written protests
are accepted until 5:00 p.m. Monday, August 18, 2008.
The City Council must make a finding, pursuant to 7-12-4113 MCA that the valid
written protests that were received and tabulated do, or do not, meet the sufficient
criteria to be either 1) made by the owners of property in the district to be assessed
for more than 50% of the cost of the proposed work, in accordance with the method
or methods of assessment described in the resolution of intention or 2) that such
protest is made by the owners of more than 50% of the area of the property to be
assessed for said improvements. As of the date of this writing, August 14, 2008, the
Creating a Parks Maintenance District Memo to Council
August 14, 2008
Page - 2
valid written protests submitted fail to meet either of the thresholds. The final
numbers will be provided to Council at its meeting and if the protest fails, the
Council will have to option to either establish the Parks Maintenance District
according to the Resolution of Intent or to decline to establish such district.
The option to place the matter on the ballot at the next general election has also
been discussed. A resolution to accomplish this is prepared and will be provided to
the Council at this meeting if such a request is made by Council. This option may
be exercised if Council elects to vote down Resolution 5295. The Council should be
aware that putting the matter on the ballot only determines whether or not the
electors agree that the matter should go forward to a public hearing and protest
vote — the point at which we are now. Even with an election, a parks district must
be ultimately formed in accordance with the enabling statute.
Finally, as the Council is aware, a determination by the Council to hold an election
will not create the possibility for any revenue for this budget year. A reduction in
forces (employee layoffs) must follow and the current level of city services will be
necessarily curtailed, regardless of the results of the election in November.
RECONEUENDATION: That Council consider and pass Resolution 5295 creating
the parks maintenance district described in its Resolution of Intent.
FISCAL EFFECTS: The fiscal effects of this decision are significant, as described
above.
Respectfully submitted,
Charles rball, City Attorney
James H. Patrick, City Manager
Office of City Attorney
City of Kalispell
RESOLUTION NO.5295
A RESOLUTION CREATING A CITY-WIDE PARKS MAINTENANCE DISTRICT NO.
1 IN THE CITY OF KALISPELL, MONTANA.
WHEREAS, pursuant to §7-12-4001 MCA, the City of Kalispell is authorized to establish a
Parks Maintenance District for the purposes of, but not limited to, mowing,
irrigation, turf repair and maintenance, recreation facility and equipment
maintenance, tree trimming, tree replacement, tree removal, garbage removal,
general cleaning, and leaf debris removal; and
WHEREAS, on July 7, 2008, pursuant to §7-12-4001, MCA, the City Council passed a
resolution of intention to create a Parks Maintenance District and stated the
maximum number of mills or the maximum fee that will be assessed for the
district; and
WHEREAS, the City Clerk published notice of the resolution of intent on July 18, 2008 and
July 25, 2008 in accordance with Section 7-1-2121, MCA and further mailed such
notice to each person, firm, or corporation or the agent of the person, firm, or
corporation having real property within the proposed district listed in the owner's
name upon the last -completed assessment roll for state, county, and school district
taxes, at the owner's last -known address, upon the same day that the notice was
first published. This notice stated the general character of the purpose of the Parks
Maintenance District, stated the estimated cost of the district services, described
generally the method by which the costs of the district services will be assessed,
and designated the time when and the place where the City Council will hear and
pass upon all written protests that may be made against the formation of the Parks
Maintenance District; and
WHEREAS, the City Council held a public hearing and received evidence in its consideration
whether to pass a final resolution creating a Parks Maintenance District as set
forth herein at a meeting held on August 4, 2008. Written protests were accepted
until 5:00 p.m. Monday, August 18, 2008; and
WHEREAS, the City Council hereby finds, pursuant to 7-12-4113 MCA that the valid written
protests that were received and tabulated do not meet the sufficient criteria to be
either 1) made by the owners of property in the district to be assessed for more
than 50% of the cost of the proposed work, in accordance with the method or
methods of assessment described in the resolution of intention or 2) that such
protest is made by the owners of more than 50% of the area of the property to be
assessed for said improvements; and
WHEREAS, the City Council further finds that a city-wide Parks Maintenance District is
desirable to provide the necessary funding to support the services of the City
Parks Department which protects, maintains, preserves and cares for all of the city
owned rights -of -way, public parks and open space land so as to enhance
Kalispell's beauty and environment for the greater benefit of the community; and
WHEREAS, the City Council further finds that it is in the best interest of the City of Kalispell
and the inhabitants thereof that the City Council establish a City-wide special
maintenance district to be known as Parks Maintenance District No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the City Council hereby creates Parks Maintenance District No. 1
pursuant to its Resolution of Intention No. 5286, which shall include all
property located within the exterior boundaries of the limits of the City of
Kalispell, as currently incorporated, as well as all properties later annexed
thereto.
SECTION 2. The general purposes of the district are, but are not limited to, mowing,
irrigation, turf repair and maintenance, recreation facilities and equipment
maintenance, tree trimming, tree replacement, tree removal, garbage
removal, general cleaning, and leaf debris removal for the city owned
rights -of -way, public parks and open space land.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 18TH DAY OF AUGUST, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk