2. Ordinance 1489 - Rescinding Ordinance 1316 - 2nd ReadingCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, M`1' 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Tarball, City Attorney
Chris Kukulski, City Manager
Tel 406,758.7708
Fax 406.758,7771
charballCZkalispell. com
SUBJECT: Ordinance 1489 repealing Ordinance 1316
MEETING DATE: Monday, January 5, 2004.
BACKGROUND: Council previously enacted Ordinance 1316 for the purpose of
establishing a program to recover the utility costs associated with the installation of
utilities in connection to the reconstruction of Highway 93 South. Since that time
the City has committed some significant resources to the study of a city-wide
connection fee structure that will equitably recover the utility costs associated with
growth from that growth sector rather than collect it from the general rate payers.
Resolutions 4855 and 4856 are the end result of that study and by and large
accomplish this task. Ordinance 1316 is not consistent with the resolutions and, if
left on the books, will create no small degree of confusion for the City and the
landowners wishing to connect to the City utilities on South Highway 93.
RECOMMENDATION: That Council pass Ordinance 1489 and thereby repeal
Ordinance 1316.
FISCAL EFFECTS: The repeal will save the legal time and expense of dealing
with the ambiguities of inconsistent municipal laws.
Respectfully submitted,
Char e rba , City Attorney Chris Kukulski, City Manager
ORDINANCE NO. 1489
AN ORDINANCE REPEALING ORDINANCE 1316 AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of Kalispell previously enacted Ordinance 1316 which purpose
was to establish a program to recover utility costs associated with the installation
of utilities in connection with the reconstruction of Highway 93 South; and
WHEREAS, Resolution 4855 and Resolution 4856 establish a city-wide connection fee
structure that is specifically designed to recover the utility costs associated with
growth that would otherwise be passed on to the rate payer; and
WHEREAS, if Ordinance 1316 is not repealed, the City will be left with two inconsistent cost
structures for the connection to utilities along Highway 93 South, which will not
be in the best interests of the City, or the landowners thereby affected.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I . Ordinance 1316 previously enacted by Kalispell City Council shall be and
is hereby repealed.
SECTION 2. This Ordinance shall be effective thirty (30) days from and after the date
of its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 5TH DAY OF JANUARY, 2004.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk