Resolution 3855 - Resolution of Intent - Wyoming Add.RESOLUTION NO. 3855
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN GOVERNMENT
LOT 1 AND 2 OF SECTION 71 TOWNSHIP 28 NORTH, RANGE '21 WEST, M.P.M.,
FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE WYOMING ADDITION
NO. 233 f 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 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 "All and proposed by this Resolution to be annexed, and said
f1mini-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 S6.13, 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, R-4 for
that property described in Exhibit "A-1" and Neighborhood Business,
B-1 for that property described in Exhibit "A-211, 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 Kalis-
pell that certain territory comprising all of the contiguous
and wholly surrounded property described in Exhibit "All 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 Residential, R-4 for that property
described in Exhibit "A-1" and Neighborhood Business, B-1,
for that property described in Exhibit "A-2".
SECTION Ill. 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 Resoluti , on of
Annexation.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 17th
DAY OF —April 1989.
)Zn "Ed" Kennedy _J . r.-, Mayor
ATTEST:
City Clerk -Treasurer, C.M.C.
I, 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 Clerk of the City of Kalispell
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EXHIBIT "A"
A tract of land in Government Lots 1 and 2 of Section 7, Township 28
North, Range 21 Westr M.P.M., Flathead County, Montana, described as
follows:
Beginning atthe Northwest corner of Lot 4 of Lloyds Addition;
thence
North 0'42'00" West a distance of 226 feet to th . e Southwest corner
of Lot 3 of Block 1 of Underhill Subdivision; thence
East a distance of 726 feet to a point; thence
South a distance of 60 feet to the South boundary of Colorado St.;
thence
East along the South boundary of Colorado Street to the Northeast
corner of that tract of land described in Book 523, page 458,
records of Flathead County, Montana; thence
South a distance of 582.95 feet to the North boundary of West
Wyoming Street; thence
West along the North boundary of Wyoming Street a distance of 746.7
feet to the Southeast corner of Lot I of Lloyds Addition; thence
North 004210011 West a distance of 416.37 feet to the Northeast
corner of Lot 4 of Lloyds Addition; thence
South 89019'20" West a distance of 97.20 feet to the point of
beginning.
EXHIBIT "A-1"
A tract of land in Government Lots 1 and 2 of Section 7, Township
28 North, Range 21 West, M.P.M., Flathead County, Montana, described
as follows:
Beginning at the Northeast corner of Lot 4 of Lloyd's Addition;
thence North 00421001, West to a point of intersection with the N-1/16
section line; thence
Westerly 97.20 feet along said N-1/16 line to a point; thence
Southerly to the Northwest corner of Lot 4 of Lloyd's Addition;
thence
Easterly along said northerly lot line to the point of beginning.
EXHIBIT "A-2"
A tract of land in Government Lots I and 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 Lot 4 of Lloyds Addition;
thence
North 004210011 West a distance of 226 feet to the Southwest corner
of Lot 3 of Block I of Underhill Subdivision; thence
East a distance of 726 feet to a point; thence
South a distance of 60 feet to the South boundary of Colorado St.;
thence
East along the South boundary of Colorado Street to the Northeast
corner of that tract of land described in Book 523, page 458,
records of Flathead County, Montana; thence
South a distance of 582.95 feet to the North boundary of West
Wyoming Street; thence
West along the North boundary of Wyoming Street a distance of 746.7
feet to the Southeast corner of Lot I of Lloyds Addition; thence
North 004210011 West a distance of 416.37 feet to the Northeast
corner of Lot 4 of Lloyds Addition; thence
South 891119'20" West a distance of 97.20 feet to the point of
beginning.
EXHIBIT "B"
WYOMING ADDITION
GENERAL DESCRIPTION:
The subject property is located easterly of Meridian Road and extends
approximately 850 feet to the east. The northerly portion of the property is
generally bordered by West Colorado Street with the southerly boundary
extending along Wyoming Street. Uses within the subject area include primarily
residential dwellings and a wrecking yard. Surrounding land uses are primarily
residential in character.
EXISTING SERVICES:
Water:
A 16 inch water main borders the westerly perimeter of
the property along Meridian Road. A four (4) inch main
also follows along West Wyoming Street. In addition,
there is a six (6) inch water main located near the
northerly perimeter of the subject area.'
Sewer.-
A 15 inch sewer main follows the westerly -boundary of
the property. 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, along
West Wyoming Street, and along a portion of West
Colorado Street. Each of these streets are public
roads.
Garbage Collection: Garbage collection is available an 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 service is available from the existing water
mains. Extension of water mains may be necessary to
serve some of the interior properties as they are
developed. This will be the responsibility of the
individual landowners and/or developer to engineer and
finance the extension of this service.
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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 properties north of West Wyoming Street. The cost
of this extension will be borne by those individuals
requiring this service. It seems possible that this
can be accomplished with a gravity feed to the 15 inch
sewer main along Meridian Road.
Storm Drainage: The need for storm drainage improvements in this area
can be accomplished, in part, as land is reviewed and
developed in the area or in a more comprehensive
fashion upon the creation of a special improvement
district for the purpose of installing storm drainage
improvements.
Streets: At the present time, much of the property fronts along
public roads. The need for any additional frontage or
access will be accomplished as part .'of individual
development proposals. Again, the responsibility for
those improvements will be borne by the private
sector. 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 7-2-4736v 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 existing or proposed development
within this area will be the responsibility of the private sector. The cost of
extending such public services as police and fire protection will be borne by
the entire municipality through 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 "ill 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. Individual improvements to
developing propertie5 will also be required pursuant to conditions of approval
relative to subdivision and "zoning" review.
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WYOMING ADDITION
(North of Wyoming St.)
S Sewer Main
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Roads As Shown
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