02. Resolution 5149 - Setting Impact Fees for WaterRESOLUTION NO. 5149
RESOLUTION `o .SET THE IMPACT FEES, OTHERWISE KNOWN AS SYSTEM
DEVELOPMENT CA GES, AS WELL AS SCHEDULES AND CLASSIFICATIONS
IMPOSED ON THE CUSTOMERS THE CITY OF KALISP LL WATER UTILITY AND TO
SEA' THE EFFECTIVE DATE.
WHEREAS, pursuant to authority granted to municipalities operating -utility services by Section 69- -
l01 MCA, and the authority granted to municipalibes to charge impact fees to fund
capital improvements by-6-1601 to -6-160 , MCA, the City of Kalispell did consider
it proper to amend the fees, schedules, charges and classifications imposed for utility
services to its inhabitants and other persons served by the City of Kalispell Water Utility',
and
WHEREAS, the Kalispell Impact Fee Corruiuttee met in noticed public meetings with the City's
consultant, H R S, reviewed its report and reeonune .datio s on the water utility
facilities and examined the methodology utilized and issued its recommendations for the
adoption of an impact fee schedule along with the data sources and methodology
supporting adoption and calculation of the impact fees to City Council dated the 2 th day
of August, 2006; and
WHEREAS, the City Council did, on September 5, 2006 set a public hearingheafing to be held on October 2,
2006 on said proposed amendments to the fees, schedules, charges and classifications of
the Water Utility services of the City of Kalispell and gave the necessary Notice thereof
as required by Section 69- -i 1.1, MCA; and
WHEREAS, due and proper Notice of said Public Hearing has been given by the City Clerk b
publication and mailing . as required by law; and
WHEREAS, said Public hearing was duly held by the City Council at a public meeting thereof in the
Kalispell City Hall beginning at :0 o"clock P.M. on October 2, 2006, and all persons
appearing at said hearing and expressing a desire to be heard were heard, and all written
comments thereon. furnished to the City Clerk at said meeting prior thereto were given
consideration by the Council.
WHEREAS,, based upon the report and recommendations of the Kalispell City Impact Fee Committee,
the evidence provided by the public, in writing and at the public hearing, the City Council
finds said proposed amended fees, schedules, charges and classifications to be reasonable
and just and further adopts as its findings the report and recommendations of the City's
consultant, HDR/EES, along with the data sources and methodology used supporting
adoption and calculation of the impact fee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALIS '
AS FOLLOWS -
SECTION I That the fees, schedules, charges and classifications applicable to the use of the
City of Kalispell Water Utility and other services performed by said utility as set
forth in E bibit "A", attached hereto and by this reference made a. part hereof, are
found to be Just and are hereby established and adopted to be imposed for water
utility services to the inhabitants of the City of Kalispell and those other persons
served by its water utility service and effective December I st, 200 6.
SECTION II. This decisi-on is final ten 10 days after filing of this Resolution with the City
Finance Director. The Finance Director shall file a copy hereof with the Public
Service Commission of Montana at that time.
SECTION III. That the fees, schedules, charges and classifications applicable to the use ofthe
City of Kalispell Water Utility and other services Performed by said utility shall
be reviewed no later than two years after the effective date of this resolution.
PASSED AND APPROVED BY THE CITY CO'UNCIL ANDSIGNED BY THE MAYOR 1S 2N'
AY of OCTOBER 2006,
Pamela B.Kennedy
Mayor
Attest:
Theresa. White
City Clerk