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Resolution 5151 - Setting Impact Fees for Stormwater UtilityRESOLUTION NO, 5151 A RESOLUTION TO SET THE IMPACT FEES, OTHERWISE KNOWN AS SYSTEM DEVELOPMENT CHARGES, AS WELL AS SCHEDULES AND CLASSIFICATIONS IMPOSED ON THE CUSTOMERS OF THE CITY OF KALISPELL STORMWATER. UTILITY AND TO SET THE EFFECTIVE DATE. WHEREAS, pursuant to authority granted to municipalities to charge impact fees to fund capital improvements by 7-6-1601 to 7-6-1604, MCA, the City of Kalispell did consider it proper to set the fees, schedules, charges and classifications imposed for utility services to its inhabitants and other persons served by the City of Kalispell Stormwater Utility; and WHEREAS, the Kalispell Impact Fee Committee met in noticed public meetings with the City's consultant, HDRIEES, reviewed its report and recommendations on the stormwater utility facilities and examined the methodology utilized and issued its recommendations for the adoption of an impact fee schedule along with the data sources and methodology supporting adoption and calculation of the impact fees to City Council dated the 28th day of August, 2006; and WHEREAS, the City Council did, on September 5, 2006 set a public hearing to be held on October 2, 2006 on said proposed amendments to the fees, schedules, charges and classifications of the Stormwater Utility services of the City of Kalispell and gave the necessary Notice thereof as required by Section 69-7-111, MCA; and WHEREAS, due and proper Notice of said Public Hearing has been given by the City Clerk by publication and mailing 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 October 2, 2006, 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. WHEREAS, based upon the report and recommendations of the Kalispell City Impact Fee Committee, the evidence provided by the public, in writing and at the public hearing, the City Council finds said proposed amended fees, schedules, charges and classifications to be reasonable and just and further adopts as its findings the report and recommendations of the City's consultant, HDR/EES, along with the data sources and methodology used supporting adoption and calculation of the impact fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF KALISPELL AS FOLLOWS: SECTION I That the fees, schedules, charges and classifications applicable to the use of the City of Kalispell Stormwater Utility and other services performed by said utility 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 stormwater utility services to the inhabitants of the City of Kalispell and those other persons served by its stormwater utility service and effective November 1st, 2006. SECTION II. This decision is final ten (10) days after filing of this resolution with the City Finance Director. SECTION III. That the fees, schedules, charges and classifications applicable to the use of the City of Kalispell Stormwater Utility and other services performed by said utility shall be reviewed no later than two years after the effective date of this resolution. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 2ND DAY of OCTOBER, 2006. Pamela B. Kennedy Mayan ATTEST: Theresa white City Clerk EXHIBIT A Resolution 5151 Storm Water Impact Fee Administrative Charge at 5% $ 1,040.02 52.00 Storm Water impact Fee per ERU $ 1,092.02