Resolution 3843 - Resolution of Intent - Eighth St Add.RESOLUTION NO. 3843
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M.,
FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE EIGHTH STREET
ADDITION NO. 221 , 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 f or 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 wholly surrounded
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
Irmini-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 Residential
Apartment , RA-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 1. 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 11. That it is further the intention of the City
of Kalispell that the property described in Exhibit "A",
upon annexation, be zoned as Residential Apartment
RA-1 .
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 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.
ATTEST:
City Clerk-Treagurer, C.M.C.
)Jon2Z'-'Ed" Kennedy ir�,' mayor
EXHIBIT "A"
A tract of land in the Southeast Quarter of Section 18, Township
28 North, Range 21 West, M.P.M., Flathead County, Montana, des-
cribed as follows:
Beginning at the Northwesterly corner of Lot 1 of the Resubdivision
of Lot A of the Resubdivision, Block 12 Highschool Addition to
Kalispell No. 172; thence
North 76011' East a distance of 38.42 feet to the true point of
beginning; thence continuing
North 760111 East a distance of 150 feet to a point; thence
South 13048' East a distance of 100 feet to a point; thence
South 76011' West a distance of 150 feet to a point; thence
North 13048' West a distance of 100 feet to the point of beginning.
EXHIBIT "B"
EIGHTH STREET ADDITION
GENERAL DESCRIPTION:
The subject property is comprised of a single lot having frontage on Eighth
Street West near the intersection with Eleventh Avenue West. A house currently
exists on the property. Surrounding land uses include apartments and single
family dwellings.
MMNE9��
Water: A six (6) inch water main is located in Eighth Street
West.
Sewer: An eight (8) inch sewer main is located in Eighth
Street West.
Storm Drainage: No developed drainage facilities are in the vicinity
of the property.
Streets: The property has frontage along Eighth Street West, a
city street.
Garbage Collection: Garbage collection is available on a contract basis to
the property from private companies.
Police Protection: Police jurisdiction is with the Flathead County
Sheriff's Department.
Fire Protection: Fire jurisdiction is with a rural Fire District.
ANTICIPATED SERVICE NEEDS:
Water:
The existing water main can adequately serve the
property.
Sewer:
The existing sewer main can adequately serve the
property.
Storm Drainage:
A comprehensive storm drainage system may need to be
built for this section of the city. At present, storm
water run-off is not a critical concern for the area.
A comprehensive system is not expected to be built
within the next 20 years.
Streets:
Street system improvements, 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.
6arbage 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:
Police protection will be the responsibility of the
city upon annexation.
Fire Protection:
Fire protection will be the responsibility of the city
upon annexation.
EXTENSION AND FINA14CE STRATEGIES
All city services will be available to the property upon annexation. The cost
of extending such public services as police and fire protection will be borne
by the entire municipality through city tax revenues. Individual connection to
water and sewer mains will be the responsibility of the landowner's in
accordance to existing city policies. 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.
C U S T E R+
now 7th
I A
&a
So
46
Aklg�DEO
EVI S�
01
I
LA
00 go
0— f C: I
I
EIGHTH STREET ADDITION
S - Sewer Main
W - Water Main
Roads - As Shown
I
1, the undersigned, L
City Clei�k Of' the CitY Of KalJzP0ll, Certify that the
foregoiag -Ls a true copy of the Resolutioa pasaad by the City Council of the
City Of Kalispell, Nlontana at a regular meeting held
City Clark of the City of Kalispell