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Page 1 of 2 City of Missoula, Montana Item to be Referred to City Council Committee Committee: Budget Committee of the Whole Item: Street and Park Maintenance District Creation Date: June 11, 2010 Prepared by: Carla Krause, Special Services Administrator Initiated by: Brentt Ramharter, Finance Director Action Required: Review and make recommendations on a proposal to create two City-wide maintenance districts for the purpose of funding a portion of the costs to provide public street and park maintenance. Two Recommended Motions: 1. Recommend City Council schedule a public hearing on July 12, 2010 to consider adopting an Ordinance establishing Chapter 12.18 of the Missoula Municipal Code titled, “Street Maintenance Districts” in accordance with the provisions of Montana Code Annotated Title 7, Chapter 12, providing for the creation, alteration, methods of work and assessment levies to defray the cost of street maintenance; and repealing all ordinances and parts of ordinances in conflict therewith. 2. Recommend City Council schedule a pre-public hearing on July 12, 2010 to consider adopting a resolution of intention to create Park Maintenance District No. 1 in the City of Missoula. (Will be fleshed out with Marty’s language at the top of the resolution of intention.) Meshed Park and Street Timeline in Accordance With Montana Code Annotated Title 7, Chapter 11 (Park Maintenance Districts) and Title 7, Chapter 12 (Street Maintenance Districts): Referral to committee: June 14, 2010 Committee discussion: June 16, 2010 Council acts to set first hearing: June 21, 2010 First public hearing: July 12, 2010 Council acts to set second hearing: July 12, 2010 Second public hearing: August 23, 2010 Background and Alternatives Explored: Montana Code Annotated Chapters 7-11 and 7-12 authorizes and outlines the method for the City to create maintenance districts for the purpose of funding maintenance of public parks and rights-of-way. In order to mesh the two different legal timelines and statutory requirements for such a project, the following actions are planned to occur: CODE DATE ACTION REFERENCE 6/10/2010 Referral memo to Clerk for Street and Parks district Street Maintenance District (SMD) ordinance establishing Chapter 12.18 7-12-4401 Parks Maintenance District (PMD) public hearing to consider adopting a resolution of intention to create the district 7-11-1007 6/14/2010 Referral appears on Council agenda 6/16/2010 Budget Committee of the Whole review & recommendation ---PAGE BREAK--- Page 2 of 2 CODE DATE ACTION REFERENCE BCOW ACTIONS: 1. Recommend scheduling the public hearing to consider an ordinance establishing Chapter 12.18 of the MMC for creation of street maintenance districts. First reading. 2. Recommend schedule a -public hearing to consider adopting a resolution of intention to create Missoula Park Maintenance District #1 6/21/2010 Council schedules two public hearings 6/27/2010 First legal ad – creation of new PMD and SMD 7-5-103 6/28/2010 Start of 12-day commentperiod between 1st and 2nd reading for SMD 7-12-4407 7/4/2010 Second legal ad 7-5-103 7/12/2010 End of comment period at 5:00 p.m. and public hearings at 7:00 p.m. 7-12-4407 Calculation of protests to ordinance establishing Chapter for street maintenance districts Public hearing on street district ordinance. Second reading 7-5-103 Public hearing on parks district resolution of intention. 7-11-1007 COUNCIL ACTIONS: 1. Council adopts street district ordinance (effective 30-days from adoption) or denies. 7-5-105 2. Council adopts parks resolution of intention or denies. 7-11-1007 3. Council schedules public hearing to create/assess both Street and Parks districts or a hearing becomes unnecessary. 7/16/2010 Legal notice mass mailing PMD (include SMD) 7-11-1007 7/18/2010 First legal ad - creation/assessments for PMD and SMD 7-11-1007 7/19/2010 Start of 30-day protest period for PMD 7-11-1008 7/25/2010 Second legal ad 8/11/2010 Street district ordinance goes into effect 7-5-105 8/23/2010 End of comment period at 5:00 p.m. and public hearing at 7:00 p.m. No protest provisions for street maintenance district creation/assessment 7-12-4427 Calculate protests for park maintenance district (50%) 7-11-1008 Public hearing to create/assess park maintenance district 7-11-1007 Public hearing to create/assess street maintenance district 7-12-4427 COUNCIL ACTION: 1. Council adopts resolution creating/assessing park maintenance District or denies. 7-11-1013 2. Council adopts resolution creating/assessing street maintenance district or denies. 7-12-4425 8/24/2010 City clerk delivers copies of the resolutions to County, copy of parks district to Secretary of State, and sends assessment information for both to the Department of Revenue. 7-11-1013 & 7-12-4437 Financial Implications: Potential of $500,000 to defray street and park maintenance expenses ($300,000 street maintenance and $200,000 parks maintenance) in FY 2011 and address ongoing park and street maintenance requirements through a perpetual annual tax levy. Attachments: Ordinance establishing MMC Chapter 12.18 Draft resolution to create/assess Street Maintenance District #2 Resolution of intention to create/assess Park Maintenance District #1