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Resolution 5286 - Resolution of Intention - Parks Maintenance District #1RESOLUTION NO.52SG A RESOLUTION OF INTENTION TO CREATE A CITY-WIDE PARKS MAINTENANCE DISTRICT NO. 1 IN THE CITY OF KALISPELL, MONTANA, TO DIRECT" THE MAILING- OF NOTICES AND TO CALL FOR A PUBLIC HEARING. WHEREAS, pursuant to §7-12-4001 MCA, the City of Kalispell is authorized to establish a Parks Maintenance District for the purposes of, but not limited to, mowing, irrigation, turf repair and maintenance, recreation facility and equipment maintenance, tree trimming, tree replacement, tree removal, garbage removal, general cleaning, and leaf debris removal; and WHEREAS, pursuant to §7-12-4001, MCA, the City Council must pass a resolution of intention before creating any Parks Maintenance District and such resolution of intent must state the maximum number of mills or the maximum fee that will be assessed for the district; and WHEREAS, a Parks Maintenance District authorized by §7-12-4001 MCA must be formed and operated in the same manner as a special improvement district; and WHEREAS, a city-wide Parks Maintenance District is desirable to provide the necessary funding to support the services of the City Parks Department which protects, maintains, preserves and cares for all of the city owned rights -of -way, public parks and open space land so as to enhance Kalispell's beauty and environment for the greater benefit of the community; and WHEREAS, it appears to be in the best interest of the City of Kalispell and the inhabitants thereof that the City Council establish a city-wide special maintenance district to be known as Parks Maintenance District No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF KALIS PELL, AS FO LLOWS : SECTION 1. That the City Council intends to create Parks Maintenance District No. 1 which will include all property located within the exterior boundaries of the limits of the City of Kalispell, as currently incorporated, as well as all properties later annexed thereto. SECTION 2. The general purposes of the district are, but are not limited to, plowing, irrigation, turf repair and maintenance, recreation facilities and equipment maintenance, tree trimming, tree replacement, tree removal, garbage removal, general cleaning, and leaf debris removal for the city owned rights -of -way, public parks and open space land. SECTION 3. Pursuant to §7-12-4162(l), MCA the annual assessment rate for each lot or parcel in the City of Kalispell shall be .0055 multiplied by the square footage of the assessed parcel. A. 7,000 sq. ft. lot would therefore be assessed $35.501year and a 4,000 sq. ft. lot would be assessed $22.00/year. A maximum assessment cap shall be placed on residential properties at $150.001year for 27,000 sq ft, and on commercial properties $500.001 for 90,909 sq ft. SECTION 4, The City Clerk shall cause notice of this resolution of intent to be published in accordance with Section 7-1-2121, MCA and to further mail such notice to each person, firm, or corporation or the agent of the person, firm, or corporation having real property within the proposed district listed in the owner's name upon the last -completed assessment roll for state, county, and school district taxes, at the owner's last -known address, upon the same day that the notice is first published or posted. This notice shall state the general character of the purpose of the Parks Maintenance District, state the estimated cost of the district services, describe generally the method by which the costs of the district services will be assessed, and designate the time when and the place where the City Council will hear and pass upon all written protests that may be made against the formation of the Parks Maintenance District. SECTION 5. That the City Council of the City of Kalispell shall hold a public hearing to take evidence in its consideration whether to pass a final resolution creating a Parks Maintenance District as set forth herein at a meeting to be held on August 4, 2008 at 7:00 P.M., in the Council Chambers, City Hall, Kalispell, Montana. written protests shall be accepted until 5:00 p.m. Monday, August 4, 2008. On August 18, 2008 at 7:00 P.M., in the Council Chambers, City Hall, Kalispell, Montana the City Council shall consider and pass upon all such written protests and determine whether to create the Parks Maintenance District No. 1. SECTION 6. The City Clerk is authorized and directed to give notice of the public hearing in accordance with Section 7-1-2121, MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF JULY, 2008. .. Pamela B. Kenn6dy Mayor ATTEST: Theresa White City Clerk