Ordinance 973 - Annexation - Engle Addition 126ORDINANCE NO. 973
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REALTY TO BE KNOWN AS ENGEL ADDITION NO. 126.
WITNESSETH:
WHEREAS, by petition of Jeffrey T.. Engel, et al., resident free-
holders of more than 51% of the certain real property situated out-
side the boundary of the City of Kalispell, but contiguous thereto,
-,-the -.City- of _=K-d1-. spell:. was, .o.n .October 9, 1980, requested to adopt a
Resolution of Intention to consider annexation of said realty to the
City of -Kalispell; said realty being more particularly described in
Exhibit "A" attached hereto which, by this reference, is made a part
hereof; and
WHEREAS, the City Council in response to said petition did, on
January 19, 1981, adopt Resolution No. 3319 to consider the annexa-
tion of said realty, to be known as Engel Addition No. 126; and,
pursuant thereto, the City Council did set a public hearing to be
held on said petition, and due and proper notice of said public hear-
ing was given by the City Clerk; and
WHEREAS, said request for annexation also requested said premi-
ses be given a classification of Residential R-5 District under the
City of Kalispell Zoning Ordinance; and
WHEREAS, said public hearing was duly held by the City Council
pursuant to said notice at its regular meeting on March 2, 1981, and
at such public -hearing, the City Council, after consideration of the
report made and filed as required by Section 7-2-4731, M.C.A., as
amended, and hearing all evidence presented on said petition, did
find that all standards for annexation, set out in Section 7-2-4734,
M.C.A., were met and duly considered; and, the Council did also find
that it is in the best interest of the .City as a whole that said
premises be annexed to the City with a Residential R-5 District
classification; and
WHEREAS, the City does intend to provide all services to said
realty being annexed as are set forth in the report made to and
filed with the City Clerk as required by Section 7-2-4731, M.C.A.;
and
WHEREAS, the effective date of said annexation should be the
date that the City Clerk does, pursuant to order of the Council,
file with the Flathead County Clerk and Recorder, a copy of the
record asentered on the minutes of the council of these proceedings;
and
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property as is more particularly described as
follows:
Lots
vision
4, 5, 6,
of Lot
7, 8, 9
2, Block
and 10 of Hammers Subdi-
11, High School Addition
to Kalispell,
Montana,
according to a map or
plat
thereof,
on file
and of record in the of-
fice
of the County Clerk
and Recorder of Flat-
head
County, Montana.
shall be'annexed to the City of Kalispell and the boundary of the
City is altered to so provide; and
2. If, within twenty (20) days of the 2nd day of March, 1981,
said date being the date of the public hearing held by the City
Council on the Petition to Annex and as a result of Resolution No.
3319, there are not received by the City Clerk expressions of dis--
_9
approval of this annexation made in writing by a majority of the
resident freeholders of said area to be annexed, the City Clerk is
directed to then make and certify, under the seal of the City, a
copy of the record of these proceedings as are entered on the min-
utes of the City, and forthwith file said document with the Flat-
head County Clerk and Recorder, and
3. From and after the date of said filing of said document
as prepared by the City Clerk, said annexed territory is a part of
the City of Kalispell and said territory and its citizens and pro-
perty =shall -be --subject -to .-all debts, -laws, ordinances and regula-
tions in force in.the City of Kalispell and shall be entitled to
the same privileges and benefits as are other parts of the City.
4. All of said realty so annexed to the City shall be a
"Residential R-5".district under the Kalispell Zoning Ordinance.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS 16thDAY OF March , 1981
5�&� lra .
%��
Norma E. Happ, Mayo
ATTEST:
7h,4��, " A P AA -AA aAA,4A.
Mari-,Fie Giermann, City Clerk
I, Marjorie Giermann, City Clerk of the City of Kalispell, Montana, do certify that on
the 2nd day of March , 19 81 , I posted a copy of the foregoing ordinance
my office, and the same remained posted until the second reading on the 16th day of
March , 19 81 , and the foregoing is a true and rrect copy of the ordinance
Us passedd by the City Council.
ty
of the City of Kalispell, Montana