Resolution 3853 - Resolution of Intent - Third Ave Add.RESOLUTION NO. 3853
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M. ,
FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE THIRD AVENUE ADDITION
NO. 231 , 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 "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
romini-extension of services plan" for the territory described in
Exhibit "All 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 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 3Y 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 II. 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 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 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 — AQril 1989.
J hn "Ed" Kennedy[Jr., Mayor
ATTEST:
k
City Clerk -Treasurer, C.M.C.
EXHIBIT "A"
A tract of land in the Southwest Quarter of Section 17, Township
28 North, Range 21 West, M.P.M., Flathead County, Montana,
described as follows:
Beginning at the Northwest corner of Lot 5 of Block 1 of Ryker
Addition; thence
North 76111' East a distance of 150 feet to a point; thence
North 13049' West a distance of 300 feet to a point on the South
boundary of 14th Street; thence
North 760111 East a distance of 366 feet to a point; thence
South 13149' East a distance of 1342 feet more or less to a point
on the North boundary of 18th Street; thence
North 890511 West to the Southeast corner of Addition No. 30 Lindsey
Lumber Addition; thence
North 130491 West a distance of 176.26 feet to a point; thence
North 600591 West a distance of 167.72 feet to a point; thence
South 760111 West a distance of 135 feet to a point on the East
boundary of 3rd Ave. East; thence
North 13'49' West a distance of 508 feet to the Southwest corner of
Lot 7 of Block I of Ryker Addition; thence
North 130491 West a distance of 121.98 feet to the point of
beginninq.
EXHIBIT "B"
THIRD AVENUE EAST ADDITION
GENERAL DESCRIPTION:
The subject property is a large area extending from Fourteenth Street East
south to Eighteenth Street East. The westerly boundary is along Third Avenue
East and extending easterly to an area approximately 150 feet westerly of
Fifth Avenue East. Much of the area is undeveloped except for scattered
residential u5es.
EXISTING SERVICES:
Water: Much of this area is currently served with city water.
A six (6) inch water main is located along Fifth
Avenue East. An eight (8) inch water main is located
along Third Avenue East.
Sewer: No developed sewage facilities are available to the
area.
Storm Drainage: No developed drainage facilities are in the vicinity
of the area.
Streets: Access to portions of the property are possible from
Third Avenue East, Fourteenth Street East, Fifth
Avenue East, and Eighteenth Street.
Garbage Collection: Garbage collection 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 for 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.
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Sewer: Development of the property will require extension of
the existing sewer main located at the intersection of
Third Avenue East and Eighteenth Street East. The cost
of extending the sewer service to the property will be
the responsibility of developer(s), either
incrementally as individualB Or comprehensively as
development occurs,
Storm Drainage: Much of this area appears to be low and susceptible to
Poor drainage. it is anticipated that on -site disposal
of stOrm water will be accomplished as new property is
developed within the area, especially if subdivision
Of land is proposed. Otherwise a comprehensive storm
drainage system in the area is not anti '
the next 20 years. clPated within
Streets: StFeet system improvements of the existing public road
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 private
landowners.
Garbage Collection: The City of 1,alispell
disposal will not provide solid waste
of at service to the annexed territory for a Period
least five (5) Years, consistent with the
provision of 7-2-4726, M.C.A.
POlice Protection: City Of Kalispell Police Protection will
upon annexation. be available
Fire Protection: City of Kalispell fire protection will be available to
the Property upon annexation.
E
The cost
Of'extending such public services
be borne by the entire as Police and fire protection will
municipality will also sh municipality through city tax revenues. The entire
are 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 i ndividual
property owners within the area. The extension of the sewer main wi 11 be the
responsiblity of either the neighborhood or by individua landowners as the
need arises. The timing Of improvements will largely del
growth in the area. Pend on the rate of
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