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Resolution 5635 - FAILED - Light Maintenance Assessment IncreaseReturn to: 8/19/2013 FAILED ON A TIE VOTE City Clerk City of Kalispell P.O. Box 1997 Kalispell. MT 59903-1997 RESOLUTION NO. 5635 A RESOLUTION ADOPTING AN INCREASE TO THE ASSESSMENTS ON REAL PROPERTY WITHIN THE CITY OF KALISPELL FOR THE COSTS OF THE LIGHT MAINTENANCE DISTRICT. WHEREAS, the City of Kalispell, pursuant to the authority provided to it under MCA 7-12- 4301 et seq., has established a lighting maintenance district, for which real property within the city that is within 300 feet of a city maintained street light is assessed costs for the maintenance and operation of the street lighting system; and WHEREAS, a study of projected expenses and revenues of this maintenance district reveals that the assessments have not been increased for ten years although the costs of operation and maintenance of the system have risen significantly such that the current assessment will not allow the city to continue to provide the level of service to its street lighting system that it has historically maintained and that therefore Exhibit "A", attached hereto, has been proposed to correct the deficiency; and WHEREAS, said proposed assessments are reasonable and just; and WHEREAS, the City Council did, on July 15, 2013 by Resolution No. 5628 set a public hearing to be held on August 5, 2013 on said proposed increase to the assessments on real property within the City of Kalispell for the costs of the Light Maintenance District and gave the necessary Notice thereof as required by Section 7-1-4127, MCA; and WHEREAS, due and proper Notice of said public hearing has been given by the City Clerk by publication 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 beginning at 7:00 o'clock P.M. on August 5, 2013, 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL: SECTION 1. That the increase to the assessments on real property within the City of Kalispell for the costs of the Light Maintenance District 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 the Light Maintenance District to the inhabitants of the City of Kalispell as set forth in Exhibit "A". SECTION 2. This decision is final ten (10) days after filing of this Resolution with the City Clerk. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF AUGUST, 2013. ATTEST: Theresa White City Clerk Tammi Fisher Mayor EXHIBIT "A" Light Maintenance District Assessment increase over five years with caps remaining in place: FY FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 12/13 % Increase 15% 10% 10% 10% 10% Assess/sq.ft 0.00300 0.003450 0.003795 0.004175 0.004592 0.005051