Resolution 3842 - Resolution of Intent - Eighteenth St Add.RESOLUTION NO. 3842
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN THE NE4NWk
OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE EIGHTEENTH STREET ADDITION
NO. 220 , 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 I
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 wholly surrounded
platted tracts encompassed in Exhibit "All be annexed to the City of
Kalispell, so that the boundaries of the City o f 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
11mini-extension of services plan" is attached to this Resolution as
Exhibit "B" and for purposes of this Resolution made a Dart hereof,
and
WHEREAS,, said "mini -extension of services plan" is available at
the office of the City Clerk -Treasurer for public inspection, and I
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission on the 11th day of April, 1989 held a Public Hearing,
pursuant to S6.13, Kalispell Zoning Ordinance, to recommend zoning
for the territory described in Exhibit "A" and recommended that the
territory, described in Exhibit IPA", be zoned General
Business B-2 , in accordance with the Kalispell Zoning Ordinance,
in the event the E-erritory is annexed to the CityI 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 General Business
13-2 -
I
I
SECTION 111. 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 published 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 w1riting, 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 — Apri I _f 1989.
ATTEST:
Z�ity Clerk -Treasurer, C.M.C.
16hn "Ed" Kennedy,dUr., Mayor
EXHIBIT "A"
A tract of land in the Northeast Quarter of the Northwest Quarter
(NE4NW4) of Section 20, Township 28 North, Range 21 West, M.P.M.,
Flathead County, Montana, described as follows;
Beginning at the Southwest corner of Birk Addition No. 119; thence
North 76039' a distance of 203.10 feet to the Southeast corner of
Birk Addition No. 110; thence
North 1311211. West a distance of 190.37 feet
boundary of 18th Street East; thence
South 89133' East a distance of 245.93 feet
South 130211 East a distance of 213 feet to
boundary of Walker Addition; thence
South 760381 West a distance of 166.50 feet
of Walker Addition; thence
South 130211 East a distance of 211 feet to
South 760391 West a distance of 226 feet to
Ave. East; thence
North 20042' West along the EAst boundary of
of 360 feet to the point of beginning.
to a point on the South
to a point; thence
a point on the North
to the Northwest corner
a point; thence
the East boundary of 3rd
3rd Ave. East a distance
EXHIBIT "B"
EIGHTEENTH STREET ADDITION
GENERAL DOCRIPTION:
This area lies south of Eighteenth Street East and east of Third Avenue East.
The type of uses in this area include warehousing facilities, vacant land, and
at least one manufacturing facility. Commercial type uses dominate the
surrounding area.
EXISTING SERVICES:
Water: A six (6) inch water main follows along Fifth Avenue
East and an eight (8) inch water main follows along
Third Avenue East.
Sewer: The closest sewer service is an eight (8) inch PVC
main which follows Third Avenue East.
Storm Drainage: No developed drainage facilities are in the vicinity
of the area.
Streetsi Access to portions of the property are available along
Eighteenth Street East and Third Avenue East.
Garbage Collection: Garbage collecti on is available on a contract basis to
the property from private companies.
Police Protection: The area is within the jurisdiction of the Flathead
County Sheriff's Department.
Fire Protection: The area is within the jurisdiction of a rural fire
district.
ANTICIPATED SERVICE NEEDS:
Water: Water needs for the area can be accommodated by the
existing water mains located in Fifth Avenue East and
Third Avenue East. Individual extensions of these
mains to serve newly developed properties will be the
responsibility of the private landowner. However, the
city may be responsible fore improving the system to
city standards as appurtenant to the individual
service lines to the existing property. A cross
connection will need to be installed to connect the
existing main in Third Avenue East with the existing
main in Fifth Avenue East.
Sewer: Connection to the existing city sewer services can be
accomplished along Third Avenue East. However,
extension of the sewer main will be necessary to serve
1
most of the interior properties and the properties
adjacent to Eighteenth Street East.
Storm Drainaget A comprehensive storm drainage system in the area is
not anticipated for at least 20 years. 'Individual
improvements to storm drainage may be accomplished by
individual landowners in the interim period.
Streets: Street system improvements of the existing public
roads 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.
Any interior roads necessary to provide access to new
development will be the responsibility of the private
landowner.
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: City of Kalispell police protection will be available
upon annexation.
Fire Protection: City of Kalispell fire protection will be available to
the property upon annexation.",
EXTENSION AND FINANCE STRATEGIES
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 neighborhood relative to storm
drainage and lighting will be financed in part by the residents of the entire
municipality and in part by special assessments for that purpose. Such special
improvement districts will be subject to voter approval. The cost of improving
the water system to the area will be shared by the city and by individual
property owners within the area. Extension of the sewer main will be the
responsibility of private landowners or could be accomplished in conjunction
with a special improvement district.
1, the undersigned, City Clerk of the City of Kalispell, certify that the
foregoing is a true copy Of the Resolution passed by the City Council of the
City of Kalispell, Montana at a regular meeting held
City Clark of the City of Kalispell
J-46
ra
'r. k,6
AJ
It.
IL
'48
d10
.so
L
0.0
ta
t
ONC. '6116A atop
aft
SA
lit
A,
m4i. 119 1 ADD Flea
ImAk. 66
ILA
or
EIGHTEENTH STREET ADDITION
(South of 18th Street
S - Sewer Main
W - Water Main
Roads - As Shown