Ordinance 1742 - TABLED INDEFINITELY - Light Maintenance District Expansion7/7/ 2014 — TABLED INDEFINITELY
ORDINANCE NO. 1742
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 , 2014.
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk