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RESOLUTION NUMBER 7172 A RESOLUTION OF THE MISSOULA CITY COUNCIL ADOPTING A CITY OF MISSOULA PROCEDURE FOR ESTABLISHING AN IMPACT FEE ADVISORY COMMITTEE WHEREAS, 2005 Montana Senate Bill 185, Chapter No. 299 of the laws of Montana was a legislative act authorizing Montana cities and towns and counties to impose impact fees upon new development to fund all or a portion of the public facility capital improvements affected by the new development, including a method for calculating, imposing and collecting impact fees; and WHEREAS, the 2005 Senate Bill 185, pursuant to section 9 of Chapter No. 299 pertaining to “Applicability” of Senate Bill 185 provides that Senate Bill 185 applies only to the portion of an impact fee ordinance or resolution enacted or amended by a self-governing local government on or after the April 19, 2005 effective date of Senate Bill 185 as well as that when an impact fee ordinance or resolution is amended pursuant to Senate Bill 185, nothing in Senate Bill 185 may be construed to affect any portion of an ordinance or resolution enacted prior to the April 19, 2005 effective date of Senate Bill 185; and WHEREAS, the City of Missoula City Council had enacted an impact fee ordinance prior to the Montana State Legislature’s enactment of Senate Bill 185 in 2005; and WHEREAS, the codified portions of 2005 Senate Bill 185 are set forth in Title 7, Chapter 6, Part 16, Montana Code Annotated in sections 7-6-1601 through 7-6-1604 MCA; and WHEREAS, section 7-6-1604 MCA provides for the establishment of an impact fee advisory committee that serves in an advisory capacity to the governing body, which advisory committee is statutorily required to include at least one representative of the development community and one certified public accountant; WHEREAS, it is the purpose of this city council resolution to establish a nine member City of Missoula impact fee advisory committee of Missoula County residents, with two members appointed by City Council and seven members appointed by the Mayor with the advice and consent of the City Council for 4-year terms, with four initial committee member appointments being for only two years, for the purpose to review and monitor the process of calculating, assessing and spending impact fees and advise the City of Missoula governing body with respect to these impact fee revenues as provided by Montana state law. NOW THEREFORE BE IT RESOLVED THAT a nine member City of Missoula impact fee advisory committee of Missoula County appointed by the Mayor and City Council with the advice and consent of the City Council for 4-year terms, with four initial committee member appointments being only for two years, for the purpose to review and monitor the process of calculating, assessing and spending impact fees and advise the City of Missoula governing body with respect to these impact fee revenues as provided by Montana state law is hereby established. PASSED AND ADOPTED this 23rd day of October. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL)