Resolution 5910 - Amends Evergreen Sewer District AgreementRESOLUTION NO.5910
A RESOLUTION APPROVING AN AMENDMENT TO THE JULY 1, 2005 INTERLOCAL
AGREEMENT BETWEEN CITY OF KALISPELL AND THE FLATHEAD COUNTY WATER &
SEWER DISTRICT NO. 1, EVERGREEN, BY AMENDING EXHIBIT "A" TO INCLUDE
ADDITIONAL PARCELS AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME.
WHEREAS, on the 1st day of July, 2015, pursuant to Title 7, Chapter 11, Part 1, M.C.A., the City of
Kalispell [the City] and the Evergreen Water and Sewer District No.1 [the District]
entered into an Interlocal Agreement regarding the terms and conditions of the
cooperative effort to provide sanitary sewer conveyance and treatment for landowners
within the certain defined boundaries described within the agreement; and
WHEREAS, Section 3 of the Agreement regulates the event in which a property owner or user outside
of the existing service area of the District as defined in the Agreement desires to connect
mains or services to the collection system operated by the District; and
WHEREAS, pursuant to Section 3 of the Agreement, application was made to the District and the City
by property owner Michael Anders to expand the Service Area in the Agreement and
approval by the City for Evergreen to serve Phases 2 through 5 of the Trumbull Creek
Crossing development; and
WHEREAS, the District and the City have fully considered the request and have determined that it is
in the best interests of the applicant and the parties to approve the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. Pursuant to the terms of Section 3.03 and Section 3.04 of the Agreement, Exhibit
"A' of the Agreement shall be and is hereby amended to extend the service
boundaries of the Agreement to provide service to Phases 2 through 5 of
Trumbull Creek Crossing development, located in the southeast quarter of the
northeast quarter and the northeast quarter of the southeast quarter of Section 28,
Township 29 North, Range 21 West, P.P.M., Flathead County, Montana,
consisting of 113 single family residential lots and approximately 36.330 acres.
The amended Exhibit A is attached hereto and fully incorporated herein by this
reference.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 19TH DAY OF FEBRUARY, 2019.
ATTEST:
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Judi Funk
Deputy City Clerk
Mark Johns
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SEAL
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THAT PORTION OF THE EVERGREEN
DISTRICT WITHIN THE BOUNDARY AS
MENTIONED IN SECTION 3.03 OF THE 2015
INTERLOCAL AGREEMENT BETWEEN
EVERGREEN AND KALISPELL
AS AMENDED IN 2016 & 2019=
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EXHIBIT A