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HomeMy WebLinkAbout7564Return to: City Clerk 435 Ryman Street Missoula, MT 59802 RESOLUTION NUMBER 7564 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, CREATING THE CITY OF MISSOULA PARK DISTRICT NUMBER 1 FOR THE PURPOSE OF PROVIDING CERTAIN MAINTENANCE, PURCHASING AND IMPROVEMENT SERVICES FOR CITY-OWNED FACILITIES, LAND AND EQUIPMENT UNDER THE RESPONSIBILITY AND CARE OF THE CITY OF MISSOULA PARKS AND RECREATION DEPARTMENT; LEVYING AND ASSESSING THE LOTS AND PARCELS WITHIN THE CITY OF MISSOULA PARK DISTRICT NUMBER 1 FOR THE COSTS OF SUCH SERVICES AND IMPROVEMENTS; PROVIDING FOR A METHOD OF ASSESSMENTS; 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”), Title 7, Chapter 11, Part 10, as amended, to create special districts to provide maintenance, purchasing and improvement services for City-owned facilities, land and equipment under the responsibility and care of the City of Missoula Parks and Recreation Department to the inhabitants of the special district; WHEREAS, the Council is authorized by MCA, Title 7, Chapter 11, Part 10, as amended, to finance the maintenance, purchasing and improvement services within the special district by levying an assessment on the lots and parcels within the boundaries of the special district; WHEREAS, pursuant to MCA Section 7-11-1007, the Council conducted a public hearing on July 12, 2010, regarding the intent of the City to create a special district in the form of a City-wide park district; WHEREAS, pursuant to MCA Section 7-11-1007, the City adopted Resolution No. 7546 on July 19, 2010, (the “Resolution of Intention”) declaring its intention to create a special district to be known as the “City of Missoula Park District Number 1” (the “District”) for the purpose of 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 2 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 (collectively, the “Services and Improvements”); WHEREAS, pursuant to MCA Section 7-11-1025, the City must provide notice of the annual levy and assessment of all lots and parcels in the District for the costs of the Services and Improvements to be provided each year within the District; WHEREAS, pursuant to the Resolution of Intention, the Council declared the estimated costs of the Services and Improvements and declared its intention to finance the costs of the Services and Improvements with assessments against each lot or parcel of land within the District, 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; WHEREAS, a copy of the notice of passage of the Resolution of Intention was published in the Missoulian, a newspaper of general circulation in Missoula County, on July 25, 2010, and August 1, 2010, in the form and manner prescribed by MCA Section 7-1-4127; WHEREAS, a copy of the notice of passage of the Resolution of Intention was mailed to every person, firm, corporation or the agent of such person, firm or corporation having real property with 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 was first published. A copy of the notice of passage of the Resolution of Intention was also mailed to those owners of property where the Montana Department of Revenue has not assigned a taxable value. Such notice conformed to the requirements of MCA Section 7-11-1007(3)(c); WHEREAS, pursuant to Resolution No. 7561, the City extended the time for receipt of written protests regarding the proposed District until 5:00 p.m., Mountain Time, on September 7, 2010, from all owners of real property within the District subject to assessment for the costs of the Services and Improvements; WHEREAS, notice of the annual levy and assessment of all lots and parcels in the District for the costs of the Services and Improvements to be provided within the District to be levied pursuant to this Resolution was published in the Missoulian, a newspaper of general circulation in Missoula County, on September 1, 2010, and September 8, 2010; WHEREAS, 1215 protests were filed within the protest period as determined pursuant to MCA Section 7-11-1008. The protests filed represented 6.76% percent of the total estimated costs of the District and the Services and Improvements to be financed, in accordance with the methods of assessment in the Resolution of Intention; WHEREAS, a public hearing was held on September 13, 2010, during a regular meeting of the Council; WHEREAS, at such hearing the Council heard and passed upon all such written protests regarding the creation of the District; and WHEREAS, at such hearing the Council heard and passed upon all such protests regarding the annual levy and assessment of all lots and parcels in the District for the costs of the Services and Improvements to be provided within the District; NOW, THEREFORE IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows: 3 Section 1. Insufficiency of Protests. The Council hereby finds that protests against the creation of the District filed during the protest period are insufficient to prevent the creation of the District. Section 2. Creation of the District. The District is hereby established and created within the City in accordance with the terms of the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. A map and description of the boundaries of the District are attached hereto as Exhibits “A” and “B.” Section 3. Certificate of Establishment. Pursuant to MCA Section 7-11-1013, the City Treasurer, or his designee, is hereby authorized to prepare and deliver copies of this Resolution to both the Secretary of State of the State of Montana and the Clerk and Recorder of Missoula County and to take any and all other actions necessary in order to receive a Certificate of Establishment for the District. Section 4. Assessments; Assessment Methods: Property to be Assessed. Upon receipt of the Certificate of Establishment as set forth in Section 3 herein, properties located in the District are hereby levied and assessed for their portion of the cost of Services and Improvements to be made in fiscal year 2011 in accordance with this Section 4 and the terms of the Resolution of Intention. The costs to provide the Services and Improvements in the District shall initially 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 Services and Improvements that such lot or parcel’s taxable valuation bears to the total taxable valuation of the property in the District. Such taxable valuation shall be based upon the last-completed assessment roll for state, City, county and school district taxes. The assessments shall be based on such taxable value as assigned by the Montana Department of Revenue. In fiscal year 2011, the Council estimates the cost of the Services and Improvements to be performed in the District to total $200,000. The work plan and budget for the Services and Improvements to be provided in fiscal year 2011 are on file and available for public inspection in the City Clerk’s office. The Council may, and hereby reserves all rights granted by MCA Section 7-11-1025 to, change the method of assessment for the District for fiscal year 2012 and thereafter. Section 5. List of Properties Assessed. The official list of those properties subject to assessment, fees or taxation within the District, including the names of the owners of such properties and the amount of assessment on each property, is on file and available for public inspection in the Missoula County Treasurer’s Office, and further such list is the last completed county assessment roll for the lots or parcels of land including improvements thereon, within the boundaries of the District. The list may not be distributed or sold for use as a mailing list in accordance with MCA Section 2-6-109. Section 6. Ratifier. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City and its employees with respect to the creation of the District are hereby in all respects ratified, approved and confirmed. Section 7. Repealer. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or effect. Section 8. No Personal Recourse. No recourse shall be had for any claim based on this Resolution against any Council member or the City, nor any officer or employee, past, present or future, of the City or of any successor body as such, either directly or through the City or any such successor body, under any constitutional provision, statute or rule of law or by the enforcement of any assessment or penalty or otherwise. Section 9. Effective Date. This Resolution shall be in full force and effect from and after its date of adoption. 4 PASSED AND ADOPTED by the City Council of the City of Missoula, Montana, this 13th day of September, 2010. CITY OF MISSOULA Missoula County, Montana /s/ John Engen John Engen, Mayor 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 OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, CREATING THE CITY OF MISSOULA PARK DISTRICT NUMBER 1 FOR THE PURPOSE OF PROVIDING CERTAIN MAINTENANCE, PURCHASING AND IMPROVEMENT SERVICES FOR CITY-OWNED FACILITIES, LAND AND EQUIPMENT UNDER THE RESPONSIBILITY AND CARE OF THE CITY OF MISSOULA PARKS AND RECREATION DEPARTMENT; LEVYING AND ASSESSING THE LOTS AND PARCELS WITHIN THE CITY OF MISSOULA PARK DISTRICT NUMBER 1 FOR THE COSTS OF SUCH SERVICES AND IMPROVEMENTS; PROVIDING FOR A METHOD OF ASSESSMENTS; 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 September 13, 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: Childers, Houseman, Jaffe, Marler, Rye, Strohmaier, Walzer, and Wiener; NAYS: Haines, Hellegaard, Mitchell, and Wilkins; ABSENT: None; ABSTAIN: None; WITNESS my hand officially this 13th day of September, 2010. CITY OF MISSOULA Missoula County, Montana /s/ Martha L. Rehbein Martha L. Rehbein, CMC City Clerk ( S E A L ) EXHIBIT “A” MAP OF THE DISTRICT EXHIBIT “B” DISTRICT BOUNDARIES 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.