Ordinance 1750 - Expanding and Adjusting the Light Maintenance DistrictAN ORDINANCE EXPANDING THE CITY OF KALISPELL LIGHT MAINTENANCE
DISTRICT AND ADJUSTING THE RATES THEREIN 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 November 17, 2014 the Kalispell City Council passed Resolution No. 5695
indicating its intent to expand the existing Light Maintenance District to include
all real properties within the boundaries of the city, to adjust the rates therein and
called for a public hearing to take place before the council on December 15, 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 December 15,
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 City Council finds therefore that it is in the best interests of the city and its
residents to amend the Light Maintenance District to include all properties that are
within the limits of the city now upon an annual schedule as follows:
Properties within 300' of City
$ 0.0033 per square foot
maintained street light
Capped at five acres for vacant land
Properties not within 300' of City
$ 0.00165 per square foot
maintained street light
Capped at five acres for vacant land
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 hereafter, by resolution, set the annual assessment for all
properties that are within the limits of the city at the time of such
resolution 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 5TH DAY OF JANUARY, 2015.
- L.L--
Mark JohnA
Mayor
FA'j
Aimee Brunckhorst, CMC
City Clerk