Resolution 5295 - NOT ACTED ON (following Election loss) - Creating City-Wide Parks Maintenance District No. 18/18/2008 — TABLED TO 11/17/2008
11/17/2008 — NOT ACTED ON
RESOLUTION NO. 5295
A RESOLUTION CREATING A CITY-WIDE PARKS MAINTENANCE DISTRICT NO.
1 IN THE CITY OF KALISPELL, MONTANA.
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, on July 7, 2008, pursuant to §7-12-4001, MCA, the City Council passed a
resolution of intention to create a Parks Maintenance District and stated the
maximum number of mills or the maximum fee that will be assessed for the
district; and
WHEREAS, the City Clerk published notice of the resolution of intent on July 18, 2008 and
July 25, 2008 in accordance with Section 7-1-2121, MCA and further mailed 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 was
first published. This notice stated the general character of the purpose of the Parks
Maintenance District, stated the estimated cost of the district services, described
generally the method by which the costs of the district services will be assessed,
and designated 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; and
WHEREAS, the City Council held a public hearing and received evidence in its consideration
whether to pass a final resolution creating a Parks Maintenance District as set
forth herein at a meeting held on August 4, 2008. Written protests were accepted
until 5:00 p.m. Monday, August 18, 2008; and
WHEREAS, the City Council hereby finds, pursuant to 7-12-4113 MCA that the valid written
protests that were received and tabulated do not meet the sufficient criteria to be
either 1) made by the owners of property in the district to be assessed for more
than 50% of the cost of the proposed work, in accordance with the method or
methods of assessment described in the resolution of intention or 2) that such
protest is made by the owners of more than 50% of the area of the property to be
assessed for said improvements; and
WHEREAS, the City Council further finds that 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, the City Council further finds that it is 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
KALISPELL, AS FOLLOWS:
SECTION 1. That the City Council hereby creates Parks Maintenance District No. 1
pursuant to its Resolution of Intention No. 5286, which shall 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, mowing,
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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk