Ordinance 1007 - Annexation - Montana Power Addition 139:,-) 0
ORDINANCE NO. 1007
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 "MONTANA POWER ADDITION NO. 139"; TO ZONE
SAID REALTY AS "NEIGHBORHOOD PROFESSIONAL BUSINESS B-2" DISTRICT
AND AMEND THE CITY ZONING MAP ACCORDINGLY.
WITNESSETH:
WHEREAS, by petition of Melford Nordtome and Ruth Nordtome,
resident freeholders by more than 51% of the certain real property
situated outside the boundary of the City of Kalispell, but con-
tiguous thereto, the City of Kalispell was on the 19th day of
October, 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 thereof; and
WHEREAS, the City Council in response to said petition did,
on the 18th day of January, 1982, adopt Resolution No. 3389 to
consider the annexation of said realty, to be known as "Montana
Posner Addition No. 139"; and, pursuant thereto,,.the City Council
di.d.set a public hearing to be held on said petition, and due and
proper notice of.said public hearing was given by the City Clerk -
Treasurer; and
WHEREAS, said public hearing was duly held by the City Council
pursuant to said notice at its regular meeting on March 15, 1982;
and, at such public hearing, the City Council, after consideration
of the report made and filed as required by Section #7-2-4731, MCA,
and hearing all evidence presented on said petition, did find that
all standards for annexation, set out in Section #7-2-4734, 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 -Treasurer as required by Section #7-2-4731,
MCA; and
WHEREAS, the effective date of said annexation should be the
da.e that the City Clerk -Treasurer does, pursuant to order of the
City.Council, file with the Flathead County Clerk and Recorder, a
copy of the record as entered on the minutes of the City 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
March 15, 1982, by the Kalispell City Council concerning the desig-
nation of said area as a "Neighborhood Professional Business B-2"
District under the City of Kalispell Zoning Ordinance; after hearing
and considering 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 Kal-
ispell and the boundary of the City is altered to so provide, on
the following conditions:
(a) That the property shall be zoned "Neighborhood -
Professional Business B-2" upon annexation;
(b) That the following described portion of said
property shall be dedicated'to the City of
Kalispell for road and utility purposes:
Q
The west 20 feet of said property,
together with a triangular area in
the northwesterly corner of said
property, commencing at a point
where the aforesaid 20' strip of
property intersects the north boun-
dary of the subject property, thence
proceeding easterly along the north
boundary of said property a distance
of 10' to a point; thence diagonally
in a southwesterly direction to a
point on the aforesaid 20' strip
' which is.50' south of the point
where said 20' strip intersects the
north boundary of subject property,
thence northerly along the eastern
boundary of the aforesaid 20' strip
to the point of beginning.
(c) That the property owner shall, prior to occupancy
of any building on the subject premises, erect
a proper buffer along the north boundary of the
subject property to provide a screen between the
subject property and the residential property
which adjoins the subject property to the north,
which buffer shall include a gate at least lb'
wide for emergency access to the subject property
from Rosewood Drive.
2. If, within twenty (20) days of the 15th day of March,
1982, said date being the date of the public hearing held by the
City Council on the Petition to Annex and as a result of Reso-
lution No. 3389, there are not received by the City Clerk -
Treasurer 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 -Treasurer is directed to then snake and
certify, under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City, and file
said document with the Flathead County Clerk and Recorder upon or
after the effective date hereof.
3. From and after the date of said filing of said document
as prepared by the City Clerk -Treasurer, 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, lags, 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
"Neighborhood Professional Business B--2" 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 DAY OF PiP- L 1982•
LeRoyL . McDowe 1, Mayor
ATTEST:
I, Marjorie Gierfmann, City Clerk of the City of Kalispell, do certify that on the i�` da
of . n y
and the same remained poste l the ssecond.creading ton the
he e�zrig ordnance in my office
and that the foregoing is a true and correct co , day of - lg ,
Council. copy of the ordinaxWe as pafped by the City
City C�,Prk of the City of Kalispell, Mon