Ordinance 1580 - TABLED INDEFINITELY - Tax Exempt Properties Assessments08/07/2006: Tabled Indefinitely
ORDINANCE NO. 1580
AN ORDINANCE AMENDING ORDINANCE 1476 BY CREATING AN ADDITIONAL
CATEGORY FOR TAX EXEMPT PROPERTIES THAT ARE SUBJECT TO STORM
SEWER ASSESSMENTS, MODIFYING LANGUAGE TO CLARIFY THE
COMMERCIAL CATEGORIES, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, currently tax exempt properties that are subject to storm sewer assessments are
assessed by the City of Kalispell at the rate of residential properties even though
these properties are more completely developed and are more intensely utilized by
the public, thereby creating more impacts upon storm sewer facilities than the
typical residence; and
WHEREAS, tax exempt properties subject to storm sewer assessments are not typically
developed to the same level of intense use as commercial properties and therefore
do not rise to the same level of impact upon storm sewer facilities as commercial
property; and
WHEREAS, it is therefore equitable to assess the tax exempt properties at a rate higher than
the residential rates, but less than the commercial rates; and
WHEREAS, it is the intention of the City Council that all commercial properties be included in
either Category 3 or Category 4 and thereby be assessed for storm sewer
maintenance costs and that the current language of the ordinance should be
amended to clarify this intention.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. Ordinance 1476 is hereby amended at Section V. to read as follows:
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:
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 — shall be assessed at the same rate as
all vacant land up to two acres.
Category I Vacant Land over Two Acres — shall be assessed a total amount of no
more than the assessment for two acres of vacant land.
Category 2 Residential Land Up to % acre - shall be assessed at the same rate as
all residential land up to 1/2 acre.
Category 2 Residential Land Over %2 acre: — shall be assessed a total amount of
no more than the assessment for 1/2 acre of residential land.
Category 3 Commercial 90% Covered. -shall be assessed at the rate set
annually by City Council.
Category 4 Commercial More Than 90% Covered.- - shall be assessed at the rate
set annually by City Council.
Category 5 Tax -Exempt Properties: -- shall be assessed at the rate set annually y
City Council.
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 2. 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
THIS DAY OF , 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk