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