2. Ordinance 1580 - Additional Storm Drainage Assessment Rate Category - 1st ReadingORDINANCE No, 1580
AN ORDINANCE AMENDING ORDINANCE 1476 BY CREATING AN ADDITIONAL
CATEGORY FOR TAX EXEMPT PROPERTIES THAT ARE SUBJECT To STORM
SEWER ASSESSMENTS, MODIFYING LANGUAGE TO CLARIFY THE
COMMERCIAL CA EGoRIES9 AND DECLARING AN EFFECTIVE DATE.
WHEREAS, currently tax exempt properties that are subject to storm server assessments are
assessed by the City of Kalispell at the rate of residential properties even though
these properties are more completely developed and are more intensely utilized by
the public, therebycreating more impacts upon storm sewer facilities than the
typical residence; and
WHEREAS, tax' exempt properties subject to storm sever assessments are not typically
developed to the same level of intense use as commercial properties and therefore
o not rise to the same level of impact upon storm suer facilities as commercial
ial
property; and
WHEREAS, it is therefore equitable to assess the tax exempt properties at a rate higher than
the residential. rates, but less than the commercial rates-, and
WHEREAS, it is the intention of the City Council that all commercial properties be included in
either Category 3 or Category 4 and thereby be assessed for storm suer
maintenance costs and that the current language of the ordinance should be
amended to clarify this intention.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY O
KALISPELL, MONTANA., AS FOLLOWS
SECTION 1. ordinance 1476 is hereby amended at Section V. to read as follows:
That Ordinance No. 862 is hereby amended as follows
Paragraph 2.01 shall be and is hereby amended to strike all of the existing
language to be replaced with the following:
2.01. Apolication and Class .fi at o : A. special storm sewer charge is hereby
imposed on each lot and parcel of land within the City, except the Airport, golf
Course, cemeteries, all public parkland and all private parkland as defined by
Kalispell City Code 28-3-19 and adjacent City owned areas, for services and
facilities provided by the storm sewer. For purposes of imposing; the storm suer
charge, all lots and parcels within the City, except those areas as exempted
hereby, shall be classified and assessed as follows:
Category I Vacant Land up to Two Acres ----- shall be assessed at the same rate as
all vacant lard up to two ages.
Category I Vacant Land over Two Acres — shall be assessed a total amount of no
.ore than the assessment for two acres of vacant land.
Category 2 Residential Land Up to 112acre - shall be assessed at the same rate as
all residential land up to x acre,
Category 2 Residential Lard Over 1 acre: — shall be assessed a total amount of
no more than the assessment for 1 . acre of residential land.
Category 3 Commercial 90 Covered: - shall be assessed at the rate set
annually by City Council.
Category 4 Commercial More Than 90 Covered.- - shall be assessed at the rate
set annually by City Council.
Ca -Exempt Pro ernes: -- shall be assessed at the rate set anal
Clt Council.
Paragraphs 2.02, 2.03 and 2.0shall be stricken and paragraphs 2.0, 2.0, 2.07,
2.08� 2.09 shall be renumbered as 2.02, 2,03� 2.0, 2,0 , 2.0respectively
SECTION 2. This Ordinance shall take effect 30 days after final passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS DAY of j 2006.
Pamela B. Kennedy
Mayor
ATTEST-.
Theresa White
City Clerk