Ordinance 1053 - Annexation & Zoning - High School AdditionORDINANCE NO. 1053
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF
THE
BOUNDARIES OF
THE CITY OF KALISPELL BY
INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN
REAL PROPERTY TO BE
KNOWN AS "RESUBDIVISIO.N
OF
LOT A OF THE
RESUBDIVISION OF BLOCK
12, HIGH SCHOOL ADDITION
TO
KALISPELL #172";
TO ZONE SAID REALTY AS
"LOW DENSITY MULTI -FAMILY
RA-1"
DISTRICT AND
AMEND THE CITY ZONING MAP
ACCORDINGLY.
WHEREAS, by petition of Ken -Way Development, and Gerald A. Koenig & Lillian
J. Koenig the resident freeholders by more than 51% of certain real property
situated outside the boundary of the City of Kalispell, but contiguous thereto, the
City of Kalispell was on 29th day of November, 1984, requested to adopt a Resolution
of Intention to consider the 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 3rd day of December, 1984 adopt Resolution No. 3553 to consider the
annexation of said realty, to be known as "Resubdivision of Lot A of the Resubdivision
of Block 12, High School Addition to Kalispell #172"; 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, Public Hearing was duty held by the City Council pursuant to said
Notice at its regular meeting on the 21st day of January, 1985, 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., and hearing all of the evidence presented
on said petition did find that all standards for annexation set out in Section
7-2-4734, M.C.A., as amended were met and duly considered; and
WHEREAS, the City does intend to provide all services to said realty be.ing
annexed as set forth in the report made to and filed with the City Clerk -Treasurer
as required by Sections 7-2--4731, M.C.A.; and
WHEREAS, the effective date of said annexation should be the date that the
City Clerk -Treasurer does, pursuant to an order of the City Council, file 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 noted and held on the 3rd day of December, 1984, by
the City Council concerning the designation of said area as a "Low Density
Multi -Family RA-1 "" District under the 'City of Kalispell Zoning Ordinance; and 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; and
WHEREAS, the proposed "Resubdiv:ision of Lot A of the Resubdivision of Block
12, High School Addition to Kalispell #17211, is included within and conforms to the
Kalispell Land Use Plan.
NOW AND THEREFORE, BE IT ORDAINED THAT:
SECTION I. 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
conditions:
I. All water and sewer extensions and fire protection meet
the City of Kalispell standards.
2. The applicant waive the right to protest the creation of
any special improvement district which may be required to
upgrade improvements to bring them to the City standards.
3. Utility easements be provided where necessary for ingress
and egress for construction, maintenance and repair of utility
lines.
4. Upon annexation, the' applicant should request de -
annexation from the rural fire district involved.
SECTION il. If within twenty days of the list day of January, 1985,
1
t-
said date being the date of Public Hearing held by the City Council on
the petition to annex as a result of Resolution No. 3553, 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 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 minutes of the City
Council and file said documents with the Flathead County Clerk and
Recorder.
SECTION III. From and after the date of filing of said documents as
prepared by the City Clerk -Treasurer, or on the effective date hereof
whichever shall occur later, said annexed territory is 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.
SECTION IV. All of said realty is so annexed to the City shall be
"Low Density Multi -Family RA-1" District under the City of Kalispell's
Zoning Ordinance; the City Zoning Map shall be amended to so reflect.
SECTION V. This Ordinance shall be effective thirty days from and
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 4TH DAY OF FEBRUARY, 1985.
ATTEST:
i
Don Halver,lCity Clerk -Treasurer
EXHIBIT "A"
Lot A of the Resubdivision of Block 12, High School
Addition as shown on the map or plat thereof on file
and of record in the office of the clerk and recorder
of Flathead County.
I, Don fialver,
on the
City Clerk
day of
of the City of Kalispell, Montana, do certify that
foregoing ordinance in
19_, I posted a copy of the
my office, and the same remained posted until the
second reading
foregoing is
on the
true
dayof , 19 , and the
a
Council.
and correct copy of the ordinance as passed by the City
City Clerk of the City of Kalispell, Montana