HomeMy WebLinkAboutResolution 4421 Adopting the Water Impact Fee StudyCOMMISSION RESOLUTION NO. 4421
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ROZEMAN,
MONTANA, ADOPTING THE WATER IMPACT FEE STUDY PER ARTICLE 2.06,
BC.
WHEREAS, the City of Bozeman is committed to addressing the community's
expressed needs and desires for services; and
WHEREAS, the City of Bozeman is committed to meeting those desires and demands
for services in a fiscally responsible manner; and
WHEREAS, the City of Bozeman is committed to meeting those desires and demands
for services in a manner which recognizes the fiscal and legal interests of all of the system users
now and in the future and not a limited subset of users; and
WHEREAS, the City of Bozeman has developed and adopted a water master plan
which examined cur-rent and future needs and provides a lawful, logical, balanced, operationally
sound, and cost effective basis upon which to maintain and develop the City's water system; and
WHEREAS, the City Commission has chosen to utilize impact fees as one element of
an integrated approach to fund and provide Water services; and
WHEREAS, Sections 7-6-1601 through 7-6-1604, MCA provide specific authority
and guidance regarding the documentation necessary to establish an impact fee and procedures to
adopt and administer an impact fee-, and
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WHEREAS, the City contracted with TischlerBise, Inc. to provide professional
services in development of an updated Water impact fee study (the "Fee Study");
WHEREAS, TischlerBise, Inc. reviewed the existing demand and needs for water
facilities, the existing facilities available to meet that demand, and the method of financing the
existing systems and needed new facilities; and,
WHEREAS, TischlerBise, Inc. also reviewed the contribution made or to be made in
the future in cash or by taxes, fees, or assessments by property owners towards the capital costs
of Water facilities; and,
WHEREAS, TischlerBise, Inc. reviewed and relied upon the City of Bozeman's level
of service (LOS) standards and facility cost assumptions as established by recently constructed
projects in recommending Water impact fees; and,
WHEREAS, TischlerBise, Inc. has prepared the Fee Study dated September 23, 2012,
including the assumptions, population and residential and non-residential development
projections, capital infrastructure and impact fee calculations, which study has been submitted to
and reviewed by City staff, Impact Fee Advisory Committee, and City Commission; and,
WHEREAS, in addition to the Fee Study, TischlerBise, Inc. and the City have
prepared, updated, and relied upon other documentation, as required by section 7-6-1602MCA,
in developing the Water facilities impact fees adopted pursuant to this Resolution, including but
not limited to the following which has been summarized in the required service area report:
(1) The most current water facility plan;
(2) City of Bozeman Design and Specifications Manual;
(3) Most recent bids and costs for actual construction of piping and plant expansions;
(4) Adopted Water Impact Fee Capital Improvement Program;
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(5) Adopted Water Capital Improvement Program, and
(6) the City Budget; and
WHEREAS, the City develops its Water facility plans, and its capital improvements
program in a manner open to the public and accepts and responds to public comment and input;
and
WHEREAS, the City and TischlerBise Inc. have developed the Fee Study in a manner
open to the public and accepted and responded to comment and input; and
WHEREAS, the City of Bozeman Impact Fee Advisory Committee has considered
and made a recommendation to the City Commission on the Fee Study; and
WHEREAS, the Impact Fee Advisory Committee conducted public hearings on the
subject of the transportation impact fee study on August 16, 2012 and September 13, 2012, and
the City Commission conducted a public hearing on October 8, 2012, and a public meeting on
December 10, 2012; and
WHEREAS, public comment was received and considered; and
WHEREAS, the City Commission reviewed and discussed the Fee Study and accepts
and agrees with the content of the Fee Study and recognizes that updates and modifications will
be made to the fee schedule in the future in accord with the annual cost adjustment requirements
of Chapter 2, Article 6, Division 9 BMC; and
WHEREAS, the City Commission finds that all required elements necessary for
compliance with standards for development of an impact fee have been satisfied,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that
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1. The September 23, 2012 draft of the Water Impact Fee Study Update, as contained in
Exhibit "A ", attached hereto and by this reference made a part hereof, is hereby adopted,
2. As of the 1" day of January 2013, any person who seeks to obtain any of the forms of
development listed 2.06.1660, BMC must pay a Water Impact Fee pursuant to the
schedule included in Exhibit A of this Resolution.
Effective Date,
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the IV' day of January, 2012. This resolution shall be in full
force and effect on January 1, 2013.
ATTEST:
S A U1'Va C1VlEC r , re
C
(v
:Y
SEAN A. DECKER
Mayor
City Attorney
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