Resolution 3840 - Resolution of Intent - County Add.RESOLUTION NO. 3840
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN GOVERNMENT
LOT 2 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE COUNTY ADDITION NO. 218 ,
TO FIX A DATE OF PUBLIC HEARING THEREON, AND TO PROVIDE FOR DUE AND
PROPER NOTICE OF SAID ANNEXATION.
WHEREAS, certain real property as is more particularly described
in Exhibit "A", attached hereto and for purposes of this Resolution
made a part hereof, is contiguous to and wholly surrounded by the
corporate limits of the City of Kalispell, and
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City of Kalispell
and the inhabitants thereof that the contiguous and whollysurrounded
platted tracts encompassed in Exhibit "A" be annexed to the City of
Kalispell, so that the boundaries of the City of Kalispell should be
extended so as to include the same within the corporate limits of
the City of Kalispell, and
WHEREAS, on the 3rd day of April, 1989, the City Council of the
City of Kalispell adopted pursuant to Title 7, Chapter 2, Part 47,
Montana Code Annotated, an Extension of Services Plan which anticipated
development to City services for approximately five years in the
future, and
WHEREAS, the City Council has further caused to be developed a
"mini -extension of services plan" for the territory described in
Exhibit "A" and proposed by this Resolution to be annexed, and said
"mini -extension of services plan" is attached to this Resolution as
Exhibit "B" and for purposes of this Resolution made a part hereof,
and
WHEREAS, said "mini -extension of services plan" is available at
the office of the City Clerk -Treasurer for public inspection, and
WHEREAS, the Kalispell City --County Planning Board and Zoning
Commission on the 11th day of April, 1989 held a Public Hearing,
pursuant to §6.13, Kalispell Zoning Ordinance, to recommend zoning
for the territory described in Exhibit "A" and recommended that the
territory, described in Exhibit "A", be zoned Public
p-1 , in accordance with the Kalispell Zoning Ordinance,
in the event the territory is annexed to the City, and
WHEREAS, the City Council intends that said territory, if annexed,
shall be zoned in accordance with the recommendation of the Kalispell
City -County Planning Board and Zoning Commission, and
WHEREAS, the City of Kalispell desires to annex the property to
the City of Kalispell under the provisions of Title 7, Chapter 2,
Part 45, Montana Code Annotated.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell
that certain territory comprising all of the contiguous
and wholly surrounded property described in Exhibit "A" be
embraced within the corporate limits of said City and that
the boundaries of said City be extended to include the
same.
SECTION II. That it is further the intention of the City
of Kalispell that the property described in Exhibit "A",
upon annexation, be zoned as Public
P-1 .
SECTION III. That the City Clerk -Treasurer of the City of
Kalispell shall give immediate notice of the passage of
this Resolution by notifying in writing all owners and
purchasers under contract for deed of property in the terri-
tory, addressed to the address to which tax notices are
sent, of the passage of this Resolution in the Daily Inter
Lake once a week for two successive weeks.
SECTION IV. That the notice herein ordered pub.lished shall
state that this Resolution has been duly and regularly
passed and that for a period of twenty (20) days after the
first publication said Clerk -Treasurer will receive
expressions of approval or disapproval, in writing, from
the freeholders within the territory to be annexed except
that, in accordance with Section 7-2-4502, MCA, the territory
shall be annexed, upon passage of a Resolution of Annexation,
whether or not a majority of the resident freeholders in
the territory object.
SECTION V. That at the next regularly scheduled meeting
of the City Council after the expiration of the twenty
(20) days of Section IV, supra, the City Clerk -Treasurer
shall lay before the City Council all communication in
writing received by him for said Council's consideration.
SECTION VI. That if after considering the comments made
the Council shall duly and regularly .pass and adopt a
Resolution of Annexation, the boundaries of the City of
Kalispell shall be extended so as to embrace and include
said territory, upon date fixed in said Resolution of
Annexation.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 17th
DAY OF _ April__ 1989.
J n "Ed" Kennedy Jr , Mayor
ATTEST:
City Clerk -Treasurer, C.M.C.
EXHIBIT "A"
A tract of land in Government Lot 2 of Section 7, Township 28 North,
Range 21 West, M.P.M., Flathead County, Montana, described as
follows:
Beginning at the Northwest corner of Fairgrounds Addition; thence
North to the South boundary of West Wyoming Street; thence
East along the South boundary of Wyoming Street a distance of 999.75
feet to a point on the West boundary of 7th Ave. W.N.; thence
South a distance of 680.8 feet to a point on the South boundary of
Government Lot 2; thence
West along the South boundary of Government Lot 2 a distance of
581.75 feet to a point on the East boundary of Fairgrounds
Addition, thence
North along the East boundary of Fairgrounds Addition a distance of
170.2 feet to a point; thence
West along the North boundary of Fairgrounds Addition, a distance of
484.4 feet to the point of beginning.
EXHIBIT "B"
COUNTY ADl7ITION
GENERAL DESCRIPTION:
The subject territory is primarily county owned and associated with the
fairgrounds property. It extends from Meridian Road to Seventh Avenue West
North with the the northerly boundary along West Wyoming Street.
EXISTING SERVICES:
Water: A 16 inch water main follows Meridian Road and a four
(4) inch water main follows Seventh Avenue West North
and West Wyoming Street -
Sewer: A 15 inch sewer main follows Meridian Road. There are
no other nearby sewer mains that can adequately or
efficiently serve the property.
Storm Drainage: There is an existing drainage ditch with a series of
culverts adjacent to the easterly limits of North
Meridian Road bordering this property. During periods
of peak run-off the ditch flows at, or above,
capacity.
Streets: The property has frontage along Meridian Road, West
Wyoming Street and Seventh Avenue West North. Each of
these streets are public roads.
Garbage Collection: Garbage collection is available on a contract basis to
the property from private companies.
Police Protection: The area is within the jurisdiction ❑f the Flathead
County Sheriff's Department.
Fire Protection: The area is within the jurisdiction of a rural fire
district.
ANTICIPATED SERVICE NEEDS:
dater; Water service is available from the existing water
mains. Extension of water mains may be necessary to
serve some of the interior properties if they are
developed. This will be the responsibility of the
landowner to engineer and finance the extension of
this service.
Sewer; Connection to the city sewer services can be
accommodated along Meridian Road. However, extension
of the sewer main will be necessary to serve most of
the interior properties between Meridian Road and
Seventh Avenue West North. This may be possible with a
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gravity feed to
the 15 inch sewer main along
Meridian
Road.
Storm Drainages Storm drainage
improvements will need
to be
incorporated as
the property is further developed.
Otherwise storm
drainage improvements on
a more
comprehensive basis will be subject to a
special
improvement district for this purpose.
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Streets: Most of the property fronts along public roads. The
city of Kalispell will not be responsible for
providing any roads necessary to serve the interior of
the subject property. The need for any future interior
roads must be satisfied by Flathead County in
association with any improvements to the fairground
property. Street system improvements to the public
roads, if necessary, will be accomplished pursuant to
the on -going street maintenance and reconstruction
program of the city. Routine maintenance such as
patching and snow removal will also be the
responsibility of the city.
Garbage Collection: The City of Kalispell will not provide solid waste
disposal service to the annexed territory for a period
of at least five (5) years, consistent with the
provision of 7-2-4736, M.C.A.
Police Protection: The city will provide police protection upon
annexation.
Fire Protection: The city will provide fire protection upon annexation.
EXTENSION AND FINANCE STRATEGIES
Any utility extensions necessary to serve the existing or proposed development
within this area will be the responsibility of the landowner. The cost of
extending such public services as police and fire protection will be borne by
the entire municipality through the city tax revenues. The entire municipality
will also share the tax burden for most of the street maintenance program.
Individual improvements to the property relative to storm drainage and
lighting will be the responsibility of the County who owns the property.
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COUNTY ADDITION
(South of WyomIng St.)
S - Sewer Main
W - Water Main
Roads - As Shown