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3. 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 ASSESSM N S9 MODIFYING LANGUAGE TO CLARIFY THE COMMERCIAL CATEGORIES, AND DECLARING AN EFFECTIVE DATE. WHEREAS, currently tax exempt properties that are subject to storm sewer 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, thereby creating more impacts upon storm sewer facilities than the typical residence; and WHEREAS, tax exempt properties subject to storrn sewer assessments are not typically developed to the sane level of intense use as commercial properties and therefore do not rise to the same level of impact upon storm sewer facilities as commercial 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 he included in either Category 3 or Category 4 and thereby he assessed for storm sewer maintenance costs and that the current language of the ordinance should he amended to clarify this intention. NOW THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL OF THE CITY of KALISI LL,,, MON AN , AS FOLLOWS. SECTION 1. ordinance 1476 is hereby amended at Section V. to read follows: That ordinance No. 862 is hereby amended as Follows Paragraph 2.01 shall he and is hereby amended to strife all of the existing language to he replaced with the folloin: 2.01 Application and Classification: A special storm sewer charge is hereby imposed on each lot and parcel of land within the City, except the Airport, Golf Course, eemeter'es, 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 sever charge, all lots and parcels within the City, except those areas as exempted hereby, shall he classified and assessed as follows; Category I Vacant Land up to Two Acres — shall he assessed at the same rate as all vacant land up to two acres. Category I Vacant Land over .two acres -- shall be assessed a total amount of no more than the assessment for two acres of vacant lard. Category 2 Residential Land U to } acre - shall be assessed at the same rate as all residential land up to 1/2 acre. Category 2 Residential Land Over Y acre: — shall be assessed a total amount nt of no more than the assessment for V2acre of residential lard. Category 3 Commercial Up .... % Co & - 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. Cats Tax -Exempt .fro � : �--� shall be assessed at the rate set a r all City Council. Paragraphs 2.02, 2.03 and 2.0shall be stricken and paragraphs 2.0, 2.06, 2.07, 2. 8, 2.0shall be renumbered as 2.02, 2.0312, , 2.057 2.0respectively SECTION 2. This Ordinance shall take effect 30 days after final passage by the City Council. PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS DAY OF , Zoo . Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk