Ordinance 1008 - Annexation - Idaho Street Addition 140ORDINANCE NO. 1008
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY
OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEX-
ATION, CERTAIN REALTY TO BE KNO14N AS "IDAHO STREET_ ADDITION
NO. 140"; TO ZONE PARCEL I OF SAID REALTY B-3 AND PARCEL II
OF SAID REALTY.B-4, AND TO AMEND THE CITY ZONING MAP ACCOR-
DINGLY.
WITNESSETH:
WHEREAS, by request of the State of Montana, Department
of Highways, owner of the right -of --way of U. S. Highway #2
adjacent to the City of Kalispell, on December 30, 1981,
the City Council of the City of Kalispell was requested to
adopt a Resolution of Intention to Annex said realty to the
City bf Kalispell, said realty being more particularly de-
scribed in Exhibit "A" attached hereto and by this reference
made a part hereof; and
WHEREAS, the City Council of the City of Kalispell, in
response to said petition, did, on the 18th day of January,
1982, adopt Resolution No. 3390, being a Resolution of Intent
to Annex said realty to the City of Kalispell, to be known
as "Idaho Addition No. 140" and, pursuant thereto, the City
Council of the City of Kalispell did 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 of the
City of Kalispell; and
WHEREAS, said public hearing was duly held by the City
Council of the City of Kalispell 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 Sec. 7-2-4731, MCA, and hearing
all evidence presented on said petition, did find that all
standards for annexation, as set out, in Sec. 7--2-4734, MCA,
as amended, were met and duly considered; and
Z-THEREAS, the Kalispell Zoning Commission has recommended
that if said realty is annexed that Parcel I of said property
be zoned "General Business B-3", and that Parcel II of said
property be zoned "Community Business B-4"; after hearing and
considering the evidence presented at said public hearing the
City of Kalispell did approve such zoning classification as'
proper for said realty; and
WHEREAS, the effective date of such annexation should be
the date 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 in the minutes of the
City Council of these proceedings.
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property which is more particularly
described on Exhibit "A" attached hereto shall
be annexed to the City of Kalispell and the
boundary of the City of Kalispell is .hereby
altered to so provide; and
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 of Ka12
ispell on the Petition to Annex as a result
of Resolution No. 3390, there are not re-
ceived by the City Clerk -Treasurer expressions
of disapproval of this annexation made in
writing by a majority of the resident free-
holders of said area to be annexed, the City
�1
Clerk -Treasurer is directed to then make and
certify, under the seal of the City, a copy
of the record of these proceedings as are
entered in 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 filing said docu-
ment as prepared by the City Clerk -Treasurer,
said annexed territory shall be 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. Parcel I of said realty to be annexed to the
City shall be zoned "General Business B--3",
and Parcel II of the property to be annexed
shall be zoned "Community Business B-4" under
the City of Kalispell Zoning Ordinance and
the City zoning map shall be amended to so
reflect.
5. This ordinance shall be effective thirty (30)
days.after its final passage by the City Council
and approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 5- DAY OF 9,P8Z-1_ 1982.
1
LeRoy Fi. McDowell, Mayor
ATTEST:
Ma.rjor'e Gi.ermann, City Clerk -Treasurer
1
1, Marjorie Giermann, City Clerk of the City of Kalispell, do certify that on the I'J day
of 9L-�`� i'r _ , 19 c � , I posted a copy of the foregoing: ordinance in my office
and the same remained posted until the second reading on the -day of � , 19 -,
and that the foregoing is a true and correct copy of the ordnance as passe -by the City
Council.
City gJexk of the City
Kalispell, Montana
EXHIBIT "A"
PARCEL I.
A portion of U. S. Highway No. 2 located in
Government Lot 4 (SW;, SW4) of Sec. 7, T. 28N,
R. 21W, P.M.M. and more particularly described
as follows
All of the right-of-way of U. S. Highway No. 2
beginning on the west section line of Sec. 7,
T. 28N, R. 21W, P.M.M. where said section line
intersects the intersection of U. S. Highway No. 2
and Meridian. Road, thence easterly on and within
the boundary of said U. S. Highway No. 2 to the
present Kalispell City Limits at the. westerly
right-of-way of Eighth Avenue [Test North. This
portion of U. 8-.Highway No.. 2 encompasses'
approximately 800 feet of highway measured on
centerline.
PARCEL II.
That portion of the right-of-way of U. S. Highway
No. 2 Lying northerly and easterly of the north
line of the NE; SW -I,, Sec. 8, T. 28N, R. 21W, P.M.M.
between the present Kalispell City Limits and the
westerly most portion of the Burlington Northern
Railway overpass; said portion being approximately
500 feet in length.
a