Ordinance 990 - Annexation - Nardinger Addition 135ORDINANCE NO. 990
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 "KEN -WAY #2, ADDITION #135"; TO ZONE SAID
REALTY AS A "RESIDENTIAL.APARTMENT RA-1" DISTRICT AND AMEND THE
CITY ZONING MAP ACCORDINGLY.
WITNESSETH:
WHEREAS, by petition of Kenneth Nardinger, a resident free-
holder 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 Kalispell was, on May 1, 1981, 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
July 20, 1981, adopt Resolution No. 3349 to consider the annexation
of said realty, to be known as "Ken -Way #2, Addition #135'°; and,
pursuant thereto, the City Council dial 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 public hearing was duly held by the City Council
pursuant to said notice at its regular meeting on September 8, 1981;
and, at such public hearing, the City Council, after consideration
of the report made and filed as required by Section 07-2-4731, MCA,
and hearing all evidence presented on said petition, did find that
all standards for annexation, set out in Section #q-2-4734, MCA,
as amended, were met and duly considered; 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, MCA;
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 re-
cord as entered on the minutes of the Council of these proceedings, -
and
WHEREAS, upon the recommendation of the Kalispell Zoning Com-
mission therefore, a public hearing was duly noticed and held on
July 20, 1981, by the Kalispell City Council concerning the designa-
tion of said area as a "Residential Apartment RA-l" District under
the City of Kalispell Zoning Ordinance; after hearing and consider-
ing the evidence presented at said public hearing the City Council
did approve such a zoning classification as proper for all of said
realty.
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property as is more particularly described in
Exhibit "A" attached hereto, shall be annexed to the City of Kalis-
pell and the boundary of the City is altered to so provide; and
2. If, within twenty (20) days of the 8th day of September,
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. 3349, there are not received by the City Clerk expressions of
disapproval 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 file said document with the Flathead County
Clerk and Recorder upon or after the effective date hereof.
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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 property
shall be subject to all debts, laws, ordinances and regulations 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 "Resi-
dential Apartment RA-l" District under the City of Kalispell zoning
Ordinance; the City Zoning Map shall be amended to so reflect.
5. This ordinance shall be effective thirty (30) days from and
after its final passage by the Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 5th DAY OF Oct. 1981.
ATTEST:
Marjor a Giermann, City Clerk
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Norma E. Happ, Mayor
Marjorie Gie3mm=qCiV Clerk of the City of Kalispell, Montana, do certify that on
e _day of , l9 f� , I posted a copy of the foregoing ordinance in MV
lice, and -the same epained posted until the second reading on the � day of C�r ,
19_, and the foregoing is a true and correct copy of t�ae ordinance as passed by the
City Council. 'Yh A L f. " -A--* 4
City Clerkfof the City of Kalispell, Montana
EXHIBIT "A"
Lot B of the Resubdivision, Block 12,- High School Addition.
A tract of land situated, lying and being in Government
Lot Three (3) and the Northeast Quarter Southwest Quarter
NEaSWk) of Section Eighteen (18) , Township -Twenty-eight
(28) North, Range Twenty-one (21) West, P_M_.M_, Flathead
County, Montana, and more particularly described as fol-
lows, to -Wit:.
That portion of Block 12,.High School Addition to Kalis-
pell, a plat or.map of record on file in the Clerk and Re-
corder's Office of Flathead County, Montana, in Government
Lot 3-and the Northeast Quarter Southwest Quarter of Sec-
tion 184 Township 28 North, Range 21 West, P.M-M., Flat-
head County, Montana.. e
EXCEPTING THEREFROM the East 300 feet of the North 100
feet of'said Block.12.
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