Loading...
2. Ordinance 1475 - Amending Assessments for Streets & Avenues - 2nd ReadingCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, NIT 59903-1997 TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Chris Kukulski, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance 1475 and 1476 — Correcting Methodology Error in cap of assessments MEETING DATE: Monday, August 18, 2003 BACKGROUND: Last year Council passed Ordinances 1420 and 1421 in order to correct an inequity in the streets and storm drain assessments of larger vacant and residential lots. The method was to place caps on vacant property over two acres and residential property over Y2 acre. Unfortunately we placed monetary amounts within the ordinances and thereby inadvertently created the need to amend these ordinances each time the rates changed. The purpose of Ordinances 1475 and 1476 is to correct that error and to allow the caps to float with the rate changes. RECOMMENDATION: I recommend passage of the second reading of Ordinances 1475 and 1476. FISCAL EFFECTS: None. Respectfully submitted, EN City Attorney Chris Kukulski, City Manager AN ORDINANCE AMENDING ORDINANCE 1420 BY CORRECTING A METHODOLOGY ERROR TO GIVE EFFECT TO THE ORIGINAL INTENT OF THE ORDINANCE AND DECLARING AN EFFECTIVE DATE. WHEREAS; Ordinance 1420 Section V. placed caps on the assessments of two categories of properties for the purpose of making such assessments more equitable in relation to the services provided; and WHEREAS; a specific monetary cap, as well as a size definition was established by the ordinance causing the unintended result of requiring amendments to the caps each time rates are adjusted; and WHEREAS; it was the intention of the City Council to set the caps to create a more equitable assessment but not to create a cap that must be reexamined each time the rates are changed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. Ordinance 1420 is hereby amended at Section V. to read as follows: That Ordinance No. 1035 § V is hereby amended by replacement of the existing language with the following: That the cost of and expenses of maintaining the streets, avenues, alleys and public roads shall be assessed against each lot or parcel within the Special Maintenance District No. 1 as follows Category I Vacant Land up to Two Acres — shall be 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 land. Category 2 Residential Land Up to 1/ acre - shall be assessed at the same rate as all residential land up to %2 acre. Category 2 Residential Land Over '/ acre: — shall be assessed a total amount of no more than the assessment for 1/2 acre of residential land. Category 3 Commercial 90% Covered: - shall be assessed at the rate set annually by City Council. Category 4 Commercial 100% Covered: - shall be assessed at the rate set annually by City Council. Public and private parklands, as defined by Kalispell City Code 28-3-19, and cemeteries shall be exempt from the assessment. SECTION 2. This Ordinance shall take effect 30 days after final passage by the City Council. THIS DAY OF AUGUST, 2003. Pamela B, Kennedy Mayor Attest: Theresa White City Clerk