Ordinance 1016 - Annexation - Outlaw Inn Addition 145ORDINANCE NO. 1016
AN ORDINANCE TO PROVIDE FOR ALTERATION OF THE BOUNDARY OF THE CITY
OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL
PROPERTY TO BE KNOWN AS THE "OUTLAW INN ADDITION NO. 1.45"; TO::`LONE
SAID REALTY AS "RESORT BUSINESS B-6" DISTRICT AND AMEND THE CITY
ZONING MAP ACCORDINGLY..
WHEREAS, by petition of Ronald W. Torstenson and Richard A.
Dasen, dba The Outlaw Inn, the resident freeholders by more than
51%.of the certain 'real property situated outside the boundaries
of the City of Kalispell,, but contiguous thereto, the City of Kal-
ispell was on the 6th.day'of May, 1982, requested to adopt a Res6-
lution of Intention. to consider annexation of said realty to the
City of Kalispell, said realty being more particularly described
in Exhibit "A" attached hereto and by this reference, made a part
thereof; and
WHEREAS, The City Council of the City of Kalispell in response
to said petition did on the 17th day of May, 1982, adopt Resolu-
tion No. 3404 to consider the annexation of said realty, to be
known as "Outlaw Inn Addition No. 145"; 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 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 July 6, 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 the evidence presented on said petition did find
all standards for annexation set out in Section 7--2--4734, MCA,
as 4:=azended, were met and duly considered; and
WHEREAS, .the City does intend to provide all services to said
realty being annexed as 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
date that the City Clerk -Treasurer does, pursuant to order of the
City Council, filed with"the:Flathead County Clerk and Recorder,
a copy for the record as entered on the minutes of the City Council
of these proceedings; and
WHEREAS, upon the recommendation of the Kalispell Zoning
Commission therefore, a public hearing was duly noticed and held
on July 6, 1982, by the City Council concerning the designation
of said area as a "Resort Business B-6" 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 said realty.
WHEREAS, the proposed "Outlaw Inn Addition No. 145" is included
within and conforms to the Kalispell Land Use Plan.
NOW AND 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 Kalispell and the boundary of.the City is altered to so
provide on the following considerations:
a. That the landowners and other necessary parties waive
the right to protest to S.I.D.'s for road and right-of-
way improvements, storm drain and -sewer systems.
0
Connection to and/or extension.of City,owned
water, sewer and storm drainage systems shall
dance with the City of Kalispell's "Standards
Provisions for Design and Construction".
roadways and
be in accor--
and General
1
1
1
1f•
r�
EXHIBIT "A"
A tract of land in the V'SA of Section 17,
Township 28 North, Range 21 West, M.P.M.,
Flathead County, Montana, described as follows:
Beginning at a point 66 feet Southerly from
the Southwest corner of Block 250 of gal-
ispell Townsite Company's'Addition Number
Seven to Kalispell, according to the plat
thereof on file and of record in the office
of the Clerk and Recorder of Flathead County,
Montana, and which point is on the Southerly
continuation of the West line of said Block
250; thence
Southerly along the Southerly continuation of
the West line of said -Block 250 a distance
of 100 feet to a point; thence
Easterly -at right angles, parallel to the South
line of 14th Street is.Kalispell, Montana,
a distance of 150 feet to a point; thence
Northerly parallel to the Southerly continuation
of the West line of said Block 250 a distance
of 300 feet to the South line of 14th Street
in Kalispell, Montana; thence
Westerly at right angles along the South line
of said 14th Street a distance of 150 feet to
the point of beginning_
313
C. That Gregory J. Walsh and the First Security
Bank of Kalispell consent in writing to the pro-
posed annexation.
2. If within 20 days of the 6th day of July, 1982, said date
being the date of the public hearing held by the City Council
on. the Petition to Annex as a result of Resolution No. 3404,
there are not received by the City Clerk -Treasurer expressions
of disapproval of this annexation made in writing by a maj-
ority of the resident freeholders of said area or the owners
of more than 75% in assessed values of the real estate in the
territory to be annexed, the City 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 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.
3. From and after the date of said filing of said documents
as prepared by the City Clerk -Treasurer, said annexed terri-
tory is a part of the City of Kalispell..and said territory
and its citizens and property shall be subject to all debts,
laws and 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
"Resort Business B-6" 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 approved by
the -Mayor. -
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS 4TH DAY OF AUGUST
' . w
r:.� :•S�Ib u rar.:
ATTEST:
MarjoriV Giermann, City Clerk -Treasurer
,1982.
1, NfarjoGiermann, City Clerk of the City of Kalispell, do certify that on the �,2 day
r'e
of , 19, 1 posted a copy of the foregoing ordinane in my office
and the r.#ae mained posted until the second reading on the « t- day of , 191
and that the foregoing is a. true and correct copy of the ordin ce as passed j y the City
City Cler of the City of Kalispell, Montana