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03. Resolution 5150 - Setting Impact Fees for WastewaterRESOLUTION NO. 51-50 A. RESOLUTION TO SET THE IMPACT FEES., OTHERWISE KNOWN AS SYSTEM DEVELOPMENT CHARGES, AS WELL AS SCHEDULES AND CLASSIFICATIONS IMPOSED ON THE CUSTOMERS of THE CITY of KALISPELL SEWER UTILITY AND TO SEA' THE EFFECTIVE DATE. WHEREAS, pursuant to authority granted to municipalities operating utility services by Section - - MCA,, and the authority granted to municipalities to charge impact fees to fund capital improvements by - -1 o to - -1 o , MCA, the City of Kalispell did consider it proper to amend the fees, schedules, charges and classifications imposed for Wilily services to its inhabitants and other persons served by the City of Kalispell Sever 'Utility; and WHEREAS,, the KalispellImpact act Fee Committee meet i noticed public �.eetings with the City's consultant, DR E S, reviewed its report and reconune .datio .s on the sewer 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 28th day f August, 20; and WHEREAS, the City Council did, on September 5, 2006 set a public hearing to be held on October 2, 2006 on said proposed amendments to the fees, schedules, charges and classifications of the Suer Utility services of the City of Kalispell and gave the necessary Notice thereof as required by Section -7 -i i 1, MCA; and WHEREAS., due and proper Notice of said Public Hearing has been given by the City Clerk by Publication and mailing g 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 begi...i. g at :00 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, used 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 recor=endation.s of the City's consultant, HDRiEES, along with the data sources arid methodology used supporting adoption and calculation of the impact fee. NOW, THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL of THE CITY of KALISPEL AS FOLLOWS - SECTION I That the fees, schedules, charges and classifications applicable to the use of the City of Kalispell Sewer Utility and other services performed by said utility as set forth in Exhibit "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 sewer utility services to the inhabitants of the City of Kalispell and those other persons served by its sewer utility service and effective December 1 st, 2006. SECTION 11. This decision is- final tee o 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 111. That the fees, schedules, charges and classifications applicable to the use of the City of Kalispell Sever 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 COUNCIL N SIGNED BY THE MAYOR THIS 2ND DAY OF OCTOBER 2006. Pamela: B. Kennedy Mayor Attest: Therese. White City Clerk