3. Ordinance 1476 - Amending Assessments for Storm Sewer - 2nd ReadingAN ORDINANCE AMENDING ORDINANCE 1421 BY CORRECTING A
METHODOLOGY ERROR TO GIVE EFFECT TO THE ORIGINAL INTENT OF THE
ORDINANCE AND DECLARING AN EFFECTIVE DATE.
WHEREAS; Ordinance 1421 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 1421 is hereby amended at Section V. to read as follows:
That Ordinance No. 862 is hereby amended as follows
Paragraph 2.01 shall be and is hereby amended to strike all of the existing
language to be replaced with the following:
2.01 Application and Classification: A special storm sewer charge is hereby
imposed on each lot and parcel of land within the City, except the Airport, Golf
Course, cemeteries, all public parkland and all private parkland as defined by
Kalispell City Code 28-3-19 and adjacent City owned areas, for services and
facilities provided by the storm sewer. For purposes of imposing the storm sewer
charge, all lots and parcels within the City, except those areas as exempted
hereby, shall be classified and assessed 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 % acre.
Category 2 Residential Land Over % acre: — shall be assessed a total amount of
no more than the assessment for V2 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.
Paragraphs 2.02, 2.03 and 2.04 shall be stricken and paragraphs 2.05, 2.06, 2.07,
2.08, 2.09 shall be renumbered as 2.02, 2.03, 2.04, 2.05, 2.06 respectively
SECTION 2. This Ordinance shall take effect 30 days after final passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS DAY OF AUGUST, 2003.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk