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Ordinance 1421 - Storm Drain Assessments - Multi-Tiered System20021501 /l1Pl) O ORDINANCE NO. 1421 AN ORDINANCE AMENDING ORDINANCE NO. 862 BY PROVIDING A MULTI -TIERED SYSTEM FOR STORM DRAIN ASSESSMENT AND EXEMPTING CEMETERIES, PUBLIC AND PRIVATE PARKLANDS THEREFROM, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City Council finds that large vacant and essentially undeveloped parcels do not impact storm maintenance costs in direct proportion to their size, but should, nonetheless, shoulder a reasonable share of these costs. Further, the City Council finds that the impact of larger residential parcels on storm drain maintenance costs does not consistently rise with the increase in the size of the residential parcel. SECTION II. That the City Council finds that public parks and private parks (as defined by Kalispell City Code 28-3-19) and cemeteries have minimal impact on the storm drain system and as a matter of public policy should be exempt from the storm drain assessment. SECTION III. That the tax levied by the City for storm drain maintenance should be reasonable and just. SECTION IV. That the City Council finds that the purpose of maintaining a reasonable and just storm drain assessment may be met by assessing vacant land with a two acre cap and residential parcels with a one-half acre cap, and by exempting public and private parklands and cemeteries from the assessment. SECTION V. That Ordinance No. 862 is hereby amended as follows: Paragraph 2.01 shall be and is hereby amended to strike all of the existing language to be replaced with the following: 2002150///4d 2.01 Application and Classification: A special storm sewer charge is hereby imposed on each lot and parcel of land within the City, except the Airport, Golf Course, cemeteries, all public parkland and all private parkland as defined by Kalispell City Code 28-3-19 and adjacent City owned areas, for services and facilities provided by the storm sewer. For purposes of imposing the storm sewer charge, all lots and parcels within the City, except those areas as exempted hereby, shall be classified and assessed as follows: Category 1 Vacant Land up to Two Acres: $0.0015/square foot Category 1 Vacant Land over Two Acres: $130.68 maximum Category 2 Residential Land Up to 3� acre: $0.0029/square foot Category 2 Residential Land Over �i acre: $63.16 maximum Category 3 Commercial 90% Covered: $0.0052/square foot Category 4 Commercial 100% Covered: $0.0065/square foot Paragraphs 2.02, 2.03 and 2.04 shall be stricken and paragraphs 2.05, 2.06, 2.07, 2.08, 2.09 shall be renumbered as 2.02, 2.03, 2.04, 2.05, 2.06 respectively. SECTION VI. This Ordinance shall take effect 30 days after final passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY Off, 2002. `Pamela B `/ Kenne Mayor t-, ATTEST: f� STATE OF I`0ONTAMA Theresa White CItyG9l�aftsnpq , City Clerk t� t�n,on as„¢ rtit� ' I iovszy C-9,t4y th t t„ s iriy.r me-, is affixod is a tme, i d'i '%! zrid c orn,-rr`,d + o-?y o'r thG orlCoal on file in the eNice of the 013rt of ine Clty of Kaitsaoli. Fitness , y hanu* ants t' e�al of tihs City of Kalispa"I, 1=° 'the_ad County, M a, th, ay o _U by Clerk STATE OF MONTANA, ss County of Flathead n %� Record at the req st � J t this day of 20'�t ���� o'cloc M and recorded in