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RESOLUTION NUMBER 7546
A RESOLUTION DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL OF
THE CITY OF MISSOULA, MONTANA, TO CREATE A SPECIAL DISTRICT AS
AUTHORIZED BY TITLE 7, CHAPTER 11, PART 10 MCA, MORE SPECIFICALLY A
CITY-WIDE PARK DISTRICT ENTITLED “CITY OF MISSOULA PARK DISTRICT
NUMBER 1,” TO ESTABLISH AN ANNUAL ASSESSMENT AND PROVIDE FOR A
METHOD OF ASSESSMENTS FOR THE PURPOSES OF FUNDING AND/OR
FINANCING COSTS ASSOCIATED WITH PROVIDING SERVICES INCLUDING BUT
NOT LIMITED TO: (1) MAINTENANCE, REPAIR, REPLACEMENT, UPKEEP,
INSTALLATION, IMPROVEMENT, OPERATIONAL ENHANCEMENT,
CONSTRUCTION, RECONSTRUCTION, ACQUISITION OF LAND AND/OR (2)
IMPLEMENTATION OF MEASURES REQUIRED TO MAINTAIN PUBLIC HEALTH
AND SAFETY OR MEET LEGAL OR REGULATORY REQUIREMENTS, AND/OR (3)
PURCHASING, REPLACING, AND/OR MAINTAINING EQUIPMENT, TOOLS OR
VEHICLES USED TO CARRY OUT THE FUNCTIONS DESCRIBED HEREIN, AND/OR
(4) ANY OTHER FUNCTIONS, LABOR, SUPPLIES AND/OR MATERIALS
NECESSARY FOR MANAGEMENT AND MAINTENANCE OF CITY-OWNED
FACILITIES, LANDS AND EQUIPMENT UNDER THE RESPONSIBILITY AND CARE
OF THE CITY OF MISSOULA PARKS AND RECREATION DEPARTMENT
INCLUDING BUT NOT LIMITED TO: PUBLIC PARKS AND PARK AREAS (AS
DESCRIBED IN THE MASTER PARKS AND RECREATION PLAN FOR THE
GREATER MISSOULA AREA), RECREATION FACILITIES, TRAILS, OPEN SPACE
(AS DEFINED IN THE CITY OF MISSOULA URBAN AREA OPEN SPACE PLAN),
URBAN FOREST, MEDIANS, BOULEVARDS, PATHWAYS, SIDEWALKS, PUBLIC
EASEMENTS AND OTHER FACILITIES LOCATED IN THE CITY AND/OR OWNED BY
THE CITY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
CITY OF MISSOULA
Missoula County, Montana
CITY OF MISSOULA PARK DISTRICT NUMBER 1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA:
WHEREAS, the City of Missoula, Montana (the “City”) is a municipality duly organized and
existing under and by virtue of the Constitution and laws of the State of Montana;
WHEREAS, the City Council of the City (the “Council”) is authorized by Montana Code Annotated
(“MCA”), Part 7, Chapter 11, Part 10, to create special districts to serve the inhabitants of the special
district; and
WHEREAS, the Council has made the determination to initiate the creation of a special district;
WHEREAS, in accordance with MCA Section 7-11-1007, the Council has conducted a public
hearing on July 12, 2010, prior to the passage of this Resolution of Intention to create a special district in
the form of a City-wide park district;
NOW, THEREFORE IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows:
Section 1. Proposed Services; Intention To Create District. It is the intention of the Council
to create and establish in the City a special district pursuant to MCA, Title 7, Chapter 11, Part 10,
specifically a park district called the City of Missoula Park District Number 1 (the “District”) for the benefit
of inhabitants of the District. The City proposes to establish the District for the purpose of providing
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services including but not limited to: (1) maintenance, repair, replacement, upkeep, installation,
improvement, operational enhancement, construction, reconstruction, acquisition of land and/or (2)
implementation of measures required to maintain public health and safety or meet legal or regulatory
requirements; and/or (3) purchasing, replacing, and/or maintaining equipment, tools or vehicles used to
carry out the functions described herein and/or (4) any other functions, labor, supplies and/or materials
necessary for management and maintenance of City-owned facilities, lands and equipment under the
responsibility and care of the City of Missoula Parks and Recreation Department including but not limited
to: public parks and park areas (as described in the Master Parks and Recreation Plan for the Greater
Missoula Area) recreation facilities, trails, open space (as defined in the City of Missoula Urban Area
Open Space Plan), urban forest, medians, boulevards, pathways, sidewalks, public easements, and other
facilities which are located in the city limits and/or are owned by the City. The Council hereby determines
that it is necessary to create the District in order to properly accomplish the purposes set forth in this
Section 1.
Section 2. Number of District. The District, if created and established, shall be known and
designated as the “City of Missoula Park District Number1.”
Section 3. Boundaries of District. It is hereby declared to be the judgment of the City that the
boundaries of the District are the current incorporated limits of the City as well as all properties later
annexed thereto. In accordance with MCA Section 7-11-1006 (1) and (3), the current boundaries of the
City are depicted on a map attached hereto as Exhibit “A” (which is hereby incorporated herein and made
a part hereof), which boundaries are designated and confirmed as the boundaries of the District. In
accordance with MCA Section 7-11-1006 (2) and (3), the Council will cause a legal description of the
boundaries of the proposed District to be prepared in consultation with a professional land surveyor prior
to the approval of the District.
Section 4. Benefited Property. It is hereby declared to be the judgment of the Council that the
territory included within the boundaries of the District described in Section 3 of this Resolution and as
shown on Exhibits “A” and “B” is hereby declared to be the territory which will benefit and be benefited by
the maintenance of the existing improvements and future public area improvements proposed for the
District and will be assessed for a portion of the costs of performing such services as described in Section
1 of this Resolution.
Section 5. General Character of the Items to be Maintained/Improved. The general
character of the items to be maintained/improved includes but is not limited to: native and turf grasses,
trees, shrubs, and other vegetation, lighting, restrooms, irrigation systems, irrigation system water
services, drainage ways, groundwater drains, storm water facilities, weed and pest control, equipment,
tools, vehicles, fences, recreation facilities and equipment, parking lots, support facilities, signage, trails,
pathways, sidewalks, public amenities, public easements and/or other public improvements maintained
and/or under the responsibility of the City Parks and Recreation Department.
Section 6. Method of Governing the District. The District shall be governed by the Mayor and
Council pursuant to the general respective exercise of their duties, responsibilities and powers as
respectively set forth in the City charter and the MCA.
Section 7. Assessment Methods: Property To Be Assessed. All eligible properties located in
the District are to be assessed for a portion of the cost of services listed in Section 1. In accordance with
MCA Section 7-11-1024, the costs to provide services in the District shall be assessed against each lot or
parcel of land, including the improvements on the lot or parcel, for that part of the cost of the District that
its taxable valuation bears to the total taxable valuation of the property in the District. Taxable value shall
be determined: (i) by the Montana Department of Revenue or (ii) by the City in those cases that the
Department of Revenue has not made a determination of taxable value. Such taxable valuation shall be
based upon the last-completed assessment roll for state, city, county and school district taxes.
Section 8. Estimated Cost of District and Method of Financing. In fiscal year 2011, the
Council estimates the cost of the services to be performed in the District to total $200,000
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In accordance with MCA Sections 7-11-1021 and 7-11-1025, prior to annually levying
assessments necessary to carry out the services to be performed in the District, each year the Mayor
shall prepare, or cause to be prepared, a work plan, budget and estimate of expenses for the services to
be performed in the District and the Council shall specify the method of assessment for the lots and
parcels of land located in the District, provide for any methods of financing such services, publish notice,
and conduct a public hearing on such assessments before finally adopting a resolution levying
assessments against the lots and parcels of land in the District. The Council annually must adopt a
resolution establishing the annual assessment for the District.
Section 9. Payment of Assessments. The special assessments for the costs of providing
services in the District shall be payable as provided in MCA Sections 7-11-1024 through 7-11-1028.
Section 10. List of Properties Available. In accordance with MCA Section 7-11-1007(3)(b),
the Council hereby declares the official list of those properties subject to potential assessment, fees or
taxation under the creation of the District is on file and available for public inspection in the Missoula
County Treasurer's Office, and further that such list is the last completed county assessment roll of the
lots or parcels of land including improvements thereon, within the boundaries of the District provided in
Section 3. The list may not be distributed or sold for use as a mailing list in accordance with MCA Section
2-6-109.
Section 11. Public Hearing; Protests. MCA Section 7-11-1008 provides for a 30 day period
from the date of the first publication of the notice of passage and approval of this Resolution of Intention
to make written protest against the proposed program or improvements, the Council hereby extends such
period until 5:00 p.m., Mountain Time on August 25, 2010, in order to give property owners time to file
their written objections to the creation of the District. At any time prior to 5:00 p.m., Mountain Time, on
August 25, 2010, any owner of real property within the District subject to assessment and taxation for the
costs of the services proposed hereunder may make and file with the City Clerk written protest against
the creation of the District. At its regular meeting on September 13, 2010 at 7:00 p.m., Mountain Time in
the City Council Chambers, 140 West Pine Street, Missoula, Montana, the Council will proceed to hear
and determine all such protests so made and filed.
Section 12. Notice of Passage of Resolution of Intention. The City Clerk is hereby
authorized and directed to publish or cause to be published a copy of a notice of the passage of this
Resolution in the Missoulian, a newspaper of general circulation in Missoula County July 25, 2010 and
August 1, 2010, in the form and manner prescribed by MCA Section 7-1-4127, and to mail or cause to be
mailed a copy of such notice to every person, firm, corporation or the agent of such person, firm or
corporation having real property within the District listed in his or her name upon the last completed
assessment roll for state, city, county and school district taxes, at his or her last-known address, on or
before the same day such notice is first published, in the form and manner prescribed by MCA Section 7-
1-4129. Such notice shall conform to the requirements of MCA Section 7-11-1007(3)(c) and shall be in
substantially the same form as Exhibit "C" attached hereto.
PASSED AND ADOPTED by the City Council of the City of Missoula, Montana, this 19th day of
July, 2010.
CITY OF MISSOULA
Missoula County, Montana
/s/ John Engen
John Engen,
Mayor
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ATTEST:
/s/ Martha L. Rehbein
Martha L. Rehbein, CMC
City Clerk
(S E A L)
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Missoula,
Montana (the “City”), hereby certify that the attached resolution is a true copy of a resolution entitled: “A
RESOLUTION DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL OF THE CITY OF
MISSOULA, MONTANA, TO CREATE A SPECIAL DISTRICT AS AUTHORIZED BY TITLE 7, CHAPTER
11, PART 10 MCA, MORE SPECIFICALLY A CITY-WIDE PARK DISTRICT ENTITLED "CITY OF
MISSOULA PARK DISTRICT NUMBER 1," TO ESTABLISH AN ANNUAL ASSESSMENT AND PROVIDE
FOR A METHOD OF ASSESSMENTS FOR THE PURPOSES OF FUNDING AND/OR FINANCING
COSTS ASSOCIATED WITH PROVIDING SERVICES INCLUDING BUT NOT LIMITED TO: (1)
MAINTENANCE, REPAIR, REPLACEMENT, IMPROVEMENT, UPKEEP, INSTALLATION,
OPERATIONAL ENHANCEMENT, CONSTRUCTION, RECONSTRUCTION, ACQUISITION OF LAND,
AND/OR (2) IMPLEMENTATION OF MEASURES REQUIRED TO MAINTAIN PUBLIC HEALTH AND
SAFETY OR MEET LEGAL OR REGULATORY REQUIREMENTS, AND/OR (3) PURCHASING,
REPLACING, AND/OR MAINTAINING EQUIPMENT, TOOLS OR VEHICLES USED TO CARRY OUT
THE FUNCTIONS, LABOR, SUPPLIES OR MATERIALS DESCRIBED HEREIN, AND/OR (4) ANY
OTHER FUNCTIONS NECESSARY FOR MANAGEMENT OF CITY-OWNED FACILITIES, LANDS AND
EQUIPMENT UNDER THE RESPONSIBILITY AND CARE OF THE CITY OF MISSOULA PARKS AND
RECREATION DEPARTMENT INCLUDING BUT NOT LIMITED TO: PUBLIC PARKS, RECREATION
FACILITIES, TRAILS, OPEN SPACE (AS DEFINED IN THE CITY OF MISSOULA URBAN AREA OPEN
SPACE PLAN, URBAN FOREST, MEDIANS, BOULEVARDS, AND OTHER FACILITIES LOCATED IN
THE CITY AND/OR OWNED BY THE CITY; AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO.” (the “Resolution”), on file in the original records of the City in my legal custody;
that the Resolution was duly adopted by the City Council of the City at a meeting on July 19, 2010, and
that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to
call and notice of such meeting given as required by law; and that the Resolution has not as of the date
hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at such meeting, the Resolution was
adopted by the following vote:
AYES, and in favor thereof: Houseman, Jaffe, Marler, Rye, Strohmaier, Walzer, Wiener, and
Wilkins;
NAYS: Haines, Hellegaard, and Mitchell;
ABSENT: Childers;
ABSTAIN: none.
WITNESS my hand officially this 19th day of July, 2010.
/s/ Martha L. Rehbein
Martha L. Rehbein, CMC
City Clerk
(S E A L)
EXHIBIT “B”
The District boundary is described as the incorporated boundary of the City of Missoula in accordance
with City Council municipal annexation resolutions and municipal annexation ordinances filed in the
Missoula City Clerk’s public records as well as all properties later annexed thereto. Parcels within the
boundary are the current parcels subject to City of Missoula property taxes as shown in the tax rolls of the
Montana Department of Revenue and inclusive of those parcels that are exempt from property taxes
except park land, common areas and greenways, open space lands, and parcels used as a public street
and alley right-of-ways as well as all parcels later annexed thereto.
EXHIBIT "C"
NOTICE OF PUBLIC HEARING
The Missoula City Council has passed two resolutions of intention to create two city-wide Districts: a park
district (Resolution 7546) called Park District #1 and a road district (Resolution 7545) called Road District
#1, and establishing an annual assessment for each District.
The Council will hold a public hearing on the resolutions creating and assessing these districts on
Monday, Sept. 13, 2010, at 7 p.m. in the City Council Chambers, 140 W. Pine St., Missoula, MT. Copies
of the resolutions and more information are available at www.ci.missoula.mt.us/specialdistricts or at the
City Clerk Office. The resolutions describe the Districts' nature, boundaries, location, the improvements
or maintenance that can be funded, and other particulars.
The combined proposed 2010 assessment for both districts is estimated to be 2.15% of each parcel of
land's city taxes. A typical $225,000 home would pay approximately $8 for the Road District and $5 for
the Park District.
For further information, contact the City Clerk at 406-552-6083.
If you have comments, please mail them to: City Clerk, 435 Ryman St., Missoula, MT 59802. Please
include your name and a description of the property you own. Written protests against either district must
be signed by all property owners and delivered to the City Clerk by Aug. 25, 2010, at 5 p.m.
Missoulian
Publish:
July 25, 2010
August 1, 2010