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DRAFT 6/10/2010 (includes creation and first year assessment language) Page 1 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY OF MISSOULA, MONTANA CREATING STREET MAINTENANCE DISTRICT NUMBER 2 FOR THE PURPOSES OF ONGOING MAINTENANCE OF ALL CITY PUBLIC STREETS, AVENUES AND ALLEYS IN THE CITY, AND LEVYING THE ASSESSMENT FOR THE COST OF STREET MAINTENANCE IN THE CITY FOR FISCAL YEAR 2010-2011. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MISSOULA, MONTANA: WHEREAS, the City is granted the authority to create street maintenance districts for the maintenance of all or part of the streets, avenues and alleys of the city by Title 7, Chapter 12, Part 44 of the Montana Code Annotated (MCA); and WHEREAS, the City Council has adopted Ordinance No. to be determined in accordance with MCA Section 7-12-4401, establishing Title 7, Chapter 12, Part 18 of the Missoula Municipal Code (MMC) that outlines the City’s method for creating and altering street maintenance districts and methods of maintenance and improvement, and assessment for costs of the same; and WHEREAS, the City is authorized under MMC Section 12.18.020 and MCA Section 7-12-4425 to assess the costs of providing maintenance equal to not less than 75% of the total cost of the work. FURTHER, a street maintenance district would provide a funding source solely directed to support the City’s goals of maintaining quality street networks and continue to improve the city street network for the safety of city residents and visitors to the city; and WHEREAS, city forces currently maintain 347 miles of public streets, avenues and alleys within the city limits, not including state routes or private rights-of-way that have other maintenance resources; and WHEREAS, a city-wide street maintenance district would have a boundary and extent encompassing all 347 miles of public streets, avenues and alleys, excepting those state routes and private rights-of-way that are maintained by other funding sources, as shown on Exhibit A attached hereto and made part hereof; and WHEREAS, the taxable valuation assigned to each lot or parcel of land in the city is based upon each lot or parcel’s taxable value as determined by the Montana Department of Revenue, including those land- uses that are typically exempt from paying property taxes. FURTHER, all property market values and subsequently assigned taxable values are established by law in a fair and equitable way based upon each property’s comparison to the surrounding neighborhood, local improvements and infrastructure; and ---PAGE BREAK--- DRAFT 6/10/2010 (includes creation and first year assessment language) Page 2 of 3 WHEREAS, Section 7-12-4422, Paragraph of the MCA states, “each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of the cost of the district that its taxable valuation bears to the total taxable valuation of the property of the district” and this statement is generally described as the “taxable valuation method:” and WHEREAS, Section 12.18.020 of the MMC authorizes the city to select one or a combination of the assessment methods provided by MCA Section 7-12-4422, the city selects the “taxable valuation method” as the assessment method to be used during the fiscal year 2010-2011; and WHEREAS, the estimated costs for providing a portion of street maintenance throughout the city during fiscal year 2010-2011 totals $300,000 and assessments for the cost of maintenance do not exceed the requirement that district assessments must be “equal to and not less than 75% of the costs of maintenance.” FURTHER, these assessments will be divided among all the lots and parcels of property in the city and those properties that are annexed into the city in the future, including those typically exempt from property taxes, using the “taxable valuation method” as shown on the Street Maintenance District Number 2 assessment list on file in the Missoula City Clerk’s Office; and WHEREAS, the City Clerk did publish notice of the proposal to create a city-wide street maintenance district on , 2010 and , 2010 as provided by Section 7-1-4127 MCA; and WHEREAS, the City Council did on the day of , 2010, hear all matters pertaining to the creation of the street maintenance district and levy of fiscal year 2010-2011 assessments , and WHEREAS, the City Council finds that it is in the best interest of the City of Missoula and the inhabitants that the City Council establish a city-wide street maintenance district to be known as Street Maintenance District No. 2. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MISSOULA, MONTANA, that Street Maintenance District Number 2 is hereby created consisting of all the properties adjacent to and utilizing the streets, avenues and alleys within the city limits of the City of Missoula, Montana as shown on attached Exhibit A as well as properties that are annexed into the city in the future, less those state routes and private rights-of-way maintained by other funding sources as shown on attached Exhibit A; and ---PAGE BREAK--- DRAFT 6/10/2010 (includes creation and first year assessment language) Page 3 of 3 BE IT FURTHER RESOLVED, that the maintenance and improvements of said district shall consist of all those methods allowed within MCA Section 7-12-4401 and 7-12-4405; and BE IT FURTHER RESOLVED that the costs of providing for the maintenance of said streets, avenues and alleys shall be levied as an assessment in the amount of $300,000 assessed to each property owner in proportion to the property’s taxable value percentage to the total taxable valuation of all property within the district for maintenance of the City’s streets, avenues and alleys for fiscal year 2010-2011 as shown on the Street Maintenance District Number 2 assessment list on file in the Missoula City Clerk’s Office. PASSED AND ADOPTED this day of , 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)