04. Resolution 5234 - Interlocal Agreement - Motor Fuel Excise TaxCity of Kalispell
Charles A. Harball office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM; Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5234 Authorizing the City Manager to
Execute the Interlocal Agreement to Place the Motor Fuel
Excise Tax option on the Ballot
MEETING DATE: Tuesday, September 4, 2007 — Regular Council Meeting
BACKGROUND: The City of Kalispell, as well as the cities of Whitefish and
Columbia Falls, has been approached by Flathead County with a proposed
interlocal agreement to place a motor fuel excise tax option on the ballot for the
Flathead County voters. This interlocal proposes that the tax revenues generated
be apportioned between the county and the cities on the basis of population. The
City Council has previously discussed the prospect of additional revenues to
improve and build streets from a gas tax. This option is now being discussed by the
County and may become a possibility of the City agrees that it be place on the
ballot.
RECOMMENDATION: That the City Council consider and pass Resolution No.
5234 authorizing the City Manager to execute the attached interlocal agreement.
FISCAL EFFECTS: None at this time.
Respectfully submitted,
Charl ar all City Attorney ames H. Patrick, City Manager
RESOLUTION NO, 5234
A RESOLUTION TO AUTHORIZE THE CITY MANAGER. TO EXECUTE THE
INTERLOCAL AGREEMENT PROPOSED BY FLATHEAD COUNTY TO PLACE THE
ISSUE OF A COUNTYWIDE MOTOR FUEL EXCISE TAX ON FUEL SOLI] IN
FLATHEAD COUNTY ON THE BALLOT,
'"WHEREAS, Section 7-14-301, MCA, allows the voters of a County to authorize a motor fuel
excise tax on fuel sold in the County, the proceeds of which are to be used for
construction, reconstruction, maintenance, and repair of public streets and roads;
and
WHEREAS, Section 7M14-301, MCA, allows for the proceeds of the motor fuel excise tax, if
approved by the voters, to be apportioned among the county and municipalities
within the county according to a method agreed upon by the affected county and
municipalities in an interlocal agreement; and
WHEREAS, Flathead County has approached the City of Kalispell with a proposed interlocal
agreement, proposing that the matter be placed on the ballot and that the County
and the Cities be apportioned such proceeds upon the basis of population; and
WHEREAS, it is in the best interests of the City that the option of a countywide motor fuel
excise tax be placed before the voters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the City Manager is hereby authorized to execute the interlocal
agreement proposed by Flathead County that authorizes placing the option
of a countywide motor fuel excise tax before the voters.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF SEPTEMBER, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Office of the Flathead County Attorney
ED CORRIGAN, County Attorney
JGNATHAN B. SMITH, Chief DeputyPki
z
L.\
DENNIS J. HESTER Deputy
PETER A. STEELE, Deputy
.::
DANIEL M. GUZYNSKI, Deputy
KATIE F. SCHULZ, Deputy
LORI A. ADAMS, Deputy
.• - �
Y
TAMMI E. FISHER, DeputyOF
TARA R. FUGINA, Deputy
eel ..
August 10, 2007
Charles Harball, City Attorney
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
RE: Motor Fuel Excise Tax Interlocal Agreement
Dear Charles,
P.O. Box 1518
920 South Main Street
Justice Center, Second Floor
Kalispell, Montana 59903-1516
(406) 758-5630
FAX (406) 758-5642
Enclosed please find a draft Interlocal Agreement regarding apportioning of proceeds
from a motor fuel excise tax. The Commissioners are considering requesting authority from the
voters of the County to assess and collect a motor fuel excise tax. If approved, the revenue from
a motor fuel excise tax is apportioned among the County and Cities pursuant to an Interlocal
Agreement executed by those entities.
We would appreciate your presenting this draft to the appropriate City officials and to
your Council and letting us know whether they approve. I have sent this letter to all three City
Attorneys; if need be we could meet and discuss any questions or concerns that City officials
might have regarding this proposal.
Sincerely,
OFFICE OF THE COUNTY ATTORNEY
Fl t ,Montana
Jo than B. Smith, Deputy
JBSIdb
Encl.-
cc: Board of Commissioners
I TERLOCAL AGREEMENT
day o
FLA
By:
Joseph D. Br
ATTEST:
By:
Diana Idle, Clerk
CITY OF COLUMBIA FALLS
By.
William Shaw, City Manager
ATTEST:
By:
Leslie Bales, Clerk
(seal) (seal)
CITY OF KALISPELL
By:
Jim Patrick, City Manager
ATTEST. -
By:
STATE OF MONTANA
County of Flathead
On this
Notary Public for the
DIANA KILE, know
the Board, respecti
IN WITNESS 'v
day and e
STATE OF MONTANA )
:ss
County of Flathead )
CITY OF WHITEFISH
By:
Gary B. Marks, City Manager
ATTEST:
7 before me the undersigned
e
r appeare 1 SEPH D. BR..ENNEMAN and
the Board of Commissioners and the Clerk of
at the County executed the same.
my hand and affixed my Notarial Seal the
Printed Name: Debbie L. Boreson
Notary Public for the State of Montana
Residing at Kalispell, MT
My commission expires: July 16, 2009
On this day of , 2007, before me, the undersigned
Notary Public for the State of Montana, personally appeared WILLIAM SHAW and LESLIE
BALES, known to me to be the City Manager and City Clerk, respectively, and acknowledged to
me that the City of Columbia Falls executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year last above written.
(Seal)
STATE OF MONTANA )
:ss
County of Flathead )
STD
County of Flathead
Printed Name:
Notary Public for"fie State of Montana
Re si ding at
My commig " xpires:
'2007, before me, the undersigned
PATRICK and THERE
:, r
p e area" I S A
xk, re ively, and acknowledged to
set my hand and affixed my Notarial Seal the
Printed Name:
Notary Public for the State of Montana
Residing at
My commission expires:
On this day of , 2007, before me, the undersigned
Notary Public for the State of Montana, personally appeared GARY B. MARKS and NECILE
LORANG, known to me to be the City Manager and City Clerk, respectively, and acknowledged
to me that the City of Whitefish executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year last above written.
(Seal)
Printed Name:
Notary Public for the State of Montana
Residing at
My commission expires: