HomeMy WebLinkAboutdistrict4/28/15
To: Recreation & Parks Advisory Board
From: Brian Close
Re: Parks Maintenance District Issues
At the Board’s request I have researched the issues surrounding a Parks Maintenance District and
can provide the following information and open items.
Legal
Chapter 12 of Title 7 was revised by the legislature in 2009 (attached).
Under that legislation the city can create a special district (including a parks maintenance
district) without a vote and provide for fees and assessments provided that less than 50% of
assessed value in the district does not protest. If you allow a vote, individual property owners
who do not live in the city can vote.
Special Improvement Districts do not have separate bonding authority -- so the city’s general
bond cap would apply (however, there is separate bonding authority for swimming facilities
under Section 7-16-4104,MCA). The city can decide whether to have the commission or an
elected or appointed board be in charge of the district.
An example of the resolutions used by Missoula is attached. As you can see, they believe the
resolution applies to future annexations. That needs to be verified by our city attorney.
The election route can be done by a mail ballot.
Fiscal
Currently the budget for the Rec department for the coming fiscal year is $633,000.
Staff would need to calculate the cost of taking over the HOAs. Presumably, an increase in staff
will be required. The levy (either through a vote or protest process) should be based on that.
Timing
According to Anna Rosenberry, properly timed, the levy (either through a vote or protest process)
can be held with a gap between approval and collection of the assessment of one month.
Improperly timed could result in a gap of one year.
Verification
Either Carson or the Executive Director should ask the city attorney to verify the applicable law,
the procedure, the alternative of a tax or an assessment, and the timing issues at such time as it is
deemed prudent to proceed with this matter.