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1. Ordinance 1742 - Expanding Light Maintenance District - 1st ReadingCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Doug Russell, City Manager ` FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance No. 1742 — Expanding the City of Kalispell Light Maintenance District MEETING DATE: July 7, 2014 — Regular Council Meeting — First Reading BACKGROUND: The City of Kalispell previously established a Light 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. On June 2, 2014, the Kalispell City Council passed Resolution No. 5677 (see attached) indicating its intent to expand the Light Maintenance District to include all real properties within the boundaries of the City. A public hearing was called to take place before the Council on July 7, 2014, to consider all evidence provided to the City. Based upon all evidence provided to the Council, it may make the finding that all owners of real property in the city derive significant benefit from street lighting in the city regardless of the placement of the streetlights. If so, it may therefore find that it is in the best interests of the city and its residents to expand the Light Maintenance District to include all properties that are within the limits of the city in an amount as later set by resolution of the Council as the annual assessment to pay the costs for the maintenance and operation of the city street lighting system. RECOMMENDATION: The City Council should consider the evidence presented and, if deemed in the best interests of the City, pass Ordinance No. 1742. FISCAL EFFECTS: Passing the ordinance will have the fiscal effect of spreading the costs of maintaining and operating the city street lighting system across a larger base. Respectfully submitted, Charles Ha all, City Attorney AN ORDINANCE EXPANDING THE CITY OF KALISPELL LIGHT MAINTENANCE DISTRICT PURSUANT TO THE AUTHORITY PROVIDED BY AND UNDER THE PROCEDURES OF MCA 7-12-4301, AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell, pursuant to the authority provided to it under MCA 7-12- 4301 et seq., previously established a Light 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, on June 2, 2014 the Kalispell City Council passed Resolution No. 5677 indicating its intent to expand the existing Light Maintenance District to include all real properties within the boundaries of the city and called for a public hearing to take place before the council on July 7, 2014 and to consider all written evidence provided to the city prior to the hearing as well as all oral testimony provided at the hearing; and WHEREAS, the Kalispell City Council has considered all written evidence submitted prior to the time of the hearing as well as the oral testimony provided at the July 7, 2014 public hearing, and after full discussion and consideration, finds that all owners of real property in the city derive significant benefit from street lighting in the city regardless of the placement of the streetlights; and WHEREAS, the Kalispell City Council further finds therefore that it is in the best interests of the city and its residents to expand the Light Maintenance District to include all properties that are within the limits of the city; and WHEREAS, the Kalispell City Council, by resolution, will set the annual assessment for all properties that are within the limits of the city to pay the costs for the maintenance and operation of the city street lighting system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. The Light Maintenance District is hereby expanded to include all properties that are within the limits of the city. SECTION 2. The council shall, by resolution, set the annual assessment for all properties that are within the limits of the city to pay the costs for the maintenance and operation of the city street lighting system. SECTION 3. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF 12014. Mark Johnson Mayor Theresa White City Clerk RESOLUTION NO.5677 A RESOLUTION OF INTENT TO EXPAND THE LIGHT MAINTENANCE DISTRICT OF THE CITY OF KALISPELL, SETTING A DATE FOR A PUBLIC HEARING ON THE PROPOSED EXPANSION AND DIRECTING THE CITY CLERK TO GIVE PUBLIC NOTICE OF SAID HEARING. WHEREAS, the City of Kalispell, pursuant to the authority provided to it under MCA 7-12-4301 et seq., has established a Light 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, the assessments for the Light Maintenance District have not been increased for eleven years although the costs of operation and maintenance of the system have risen significantly and the projected expenses and revenues of the light maintenance district reveal that the current level of assessment on properties within the boundaries of the existing district will not allow the city to continue to provide the level of service to its street lighting system that it has historically maintained; and WHEREAS, all city residents derive significant benefit from street lighting in the city regardless of whether or not a streetlight is located within 300 feet of their property; and WHEREAS, some city residents live within subdivisions with streetlights in the City right-of-way paid for and maintained by the homeowner associations representing these city residents; and WHEREAS, the City Council finds that it is in the best interests of the city and its residents to consider expanding the Light Maintenance District to include all properties that are within the limits of the city upon an annual schedule as follows: Properties within the light maintenance $ 00.003 per square foot district that are not served by a private street -lighting system in the City right-of-way Capped at five acres for vacant land Properties within the light maintenance $ 00.0015 per square foot district that are served by a private street lighting system in the City right-of-way Capped at five acres for vacant land WHEREAS, prior to initiating any expansion of the Light Maintenance District, the city is required, pursuant to MCA 7-12-4329, to hold a public hearing on the matter after giving due and proper notice of said hearing, and to maintain a list with the City Clerk setting forth the proposed assessments per parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. The City Council shall set a Public Hearing on the 7th day of July, 2014, at 7:00 o'clock p.m. in the Council Chambers, City Hall, Kalispell, Montana, to accept comments on a proposed increase to the Light Maintenance District as set forth in the recitals above. SECTION 2. The City Clerk and City Attorney are hereby authorized and directed to make, publish and distribute notices of said Public Hearing in conformity with MCA 7-12-4329 and to maintain within the City Clerk's office a list in which shall be described the lot or parcel of land assessed, with the name of the owner thereof listed, if known, and the amount levied thereon set opposite. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 2ND DAY OF JUNE, 2014. Mark Johns Mayor ATTEST: Theresa White City Clerk