Resolution 3942 - Authorizes Evergreen Interlocal Agreementr •- F
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RESOLUTION NO. 3942
A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF KALISPELL AND FLATHEAD COUNTY WATER AND SEWER DISTRICT #1--EVERGREEN, SETTING
CONDITIONS PRECEDENT FOR.PERFORMANCE, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, hereinafter City, and the Flathead County
Water and Sewer District No. 1--Evergreen, hereinafter District, have been
involved in negotiations directed at arriving at an Interlocal agreement whereby
the City of Kalispell would accept and treat sewage delivered through a
collection system constructed by the District at the Kalispell Waste Water
Treatment Plant, and
WHEREAS, the City and the District have negotiated said Interlocal Agree-
ment, attached hereto as Exhibit "A", and thereby made a part hereof, which
specifically sets forth the rights, privileges, duties and obligations of the
respective parties vis-a-vis delivery and treatment of sewage, and
WHEREAS, said Agreement complies with the provisions of the Interlocal
Cooperation Act, Title 7, Chapter 11, Part 1, Montana Code Annotated; and
WHEREAS, said Agreement has been discussed and reviewed by the Sewer and
Water Committee of the City Council, the Mayor and his Administration and City
Staff and it is in the best interest of the City that said Agreement be approved
for execution subject to the conditions hereinafter set forth.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. That the Mayor and City Clerk -Treasurer are hereby authorized to
execute the Interlocal Agreement, attached hereto as Exhibit "A" and thereby
made a part hereof, which obligates the City, in accordance with the terms therein
to treat sewage delivered by the District to the Kalispell Waste Water Treatment
Plant.
SECTION II. That performance of said Agreement shall be undertaken by the
City upon the following conditions:
1) Evergreen compliance with the City's requirement that Consent to
Annex/Withdrawal from Rural Fire District Agreements be executed by 51% of the
owners/lienholders of property and 51% of the property abutting U. S. Highway
No. 2 and Montana Highway No. 35 from the City Limits east to those highways'
intersection with East Cottonwood Drive.
2) Creation of a Rural Special Improvement District to fund Evergreen's
local share of the cost of constructing the collection system and force main to
serve the area from which the City shall -receive sewage to treat.
3) Approval of the Agreement by the Attorney General of the State of
Montana, pursuant to Section 7-11-108(b) MCA.
4) Approval of the Agreement by Bond Counsel representing purchasers of
Revenue Bonds which shall.be issued by City of Kalispell to finance expansion of
its waste water treatment plant.
5) Approval of the Agreement by Bond Counsel representing purchasers of
Revenue Bonds which shall be issued by Flathead County to finance construction of
the collection system to be constructed by the District.
SECTION III. This Resolution shall become effective immediately upon passage
by the City Council and approval by the Mayor.
PASS-F,D BY THE CI Y COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS
DAY OF , 1990.
Roq r W. Ho ki , MayoY
ATTEST:
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Amy H. Robertson,
City Clerk -Treasurer