Ordinance 1077 - Zoning - Scotty's Bar Add.a
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ORDINANCE NO. 1077
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN CERTAIN REAL PROPERTY
LOCATED IN THE SEaNW_ OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21
WEST, M.P.M., FLATHEAD COUNTY, MONTANA, AS IS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS THE SCOTTY'S BAR ADDITION
NO. 192; TO ZONE SAID REAL PROPERTY AS "GENERAL BUSINESS B-311; TO
AMEND THE CITY ZONING MAP ACCORDINGLY; AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, by petition of Scott Levengood, the resident freeholder by more than
514 of certain real property situated outside the boundary of the City of Kalispell,
but contiguous thereto, the City of Kalispell was on the 3rd day of December,
1985, requested to adopt a Resolution of Intention to consider the annexation of
certain real property to the City of Kalispell, said real property being. more particu-
larly described in Exhibit "A" attached hereto and by this reference, made a part
hereof; and
WHEREAS, the City of Kalispell in response to said petition did on the 20th day
of January, 1986, adopt Resolution No. 3632 to consider the annexation of said real
property, and designated the annexation as the "Scotty's Bar. Addition No. 192 to
Kalispell"; and pursuant thereto, the City Council did set a Public Hearing to be
held on said petition, and due and proper notice of said hearing was given by the
City Clerk -Treasurer; and
WHEREAS, the Public Hearing was duly held by the City Council pursuant to
said Notice at its regular meeting on the 3rd day of March, 1986, 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 about 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 real property
being annexed set forth in the report made and filed with the City Clerk -Treasurer
as required by Section 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 & 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 City -County Planning Board
and Zoning Commission, a public hearing was duly noted and held on the 3rd day
of March, 1986, by the City Council concerning the designation of said area as a
"General Business, B-3" 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 real
property; and,
WHEREAS, the proposed "Scotty's Bar Addition No. 192 to Kalispell", 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 "Alt,
attached hereto, shall be annexed to the City of Kalispell and the boundaries of
the City are so altered to so provide on the following conditions:
1. That the following individuals consent to the annexation;
a) Allen J. Fopp and Myrna K. Fopp
b) Emil J. Ferkovich and Sharon K. Ferkovich
2. The property to be annexed will use City sewer service but will not
use City water. At the time of the initiation of sewer service the
owner should be required to install a meter on the water with proper
access given to the City Water Department in accordance with sewer
regulations, City of. Kalispell Rule 5{3}.
3. The Council should, prior to annexation, determine the status of
the fire hydrant which needs to be installed at Third Avenue East and
U.S. Highway 93.
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4. Scotty's Bar upon annexation must have all appropriate City licenses,
i.e., gaming, liquor, and poker machines.
5. The Fire Department, Building Department, and Department of Public
Works reserve the right to review all site plans for future development
of the property.
6. That the subject property be zoned B-3 (General Business).
SECTION II. If within twenty days of the 3rd day of March, 1986, 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. 3632, 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 o an
asessed value 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 City under Flathead County Clerk
and Recorder.
SECTION III. From and after the date of filing 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 enforced 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 realties so annexed to the City shall be "General
Business, B-3" under the City of Kalispell's Zoning Ordinance; and the City zoning
map shall be amended to so reflect.
SECTION V . This ordinance shall be effective 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 / 7 DAY OF M a r c_,� , 1986.
ATTEST:
City Clerk -Treasurer
Jo n "Ed" Kennecly Jr., M
I, Don Halver,
City Clerk
of the City
of Kalispell, Montana, do certify that
on the day of
foregoing ordinance in
,
19_, I posted a copy of the
and the same remained posted until the
my office,
second reading
on the
day of
, 19 and the
foregoing is a
Council.
true ana correct copy
of the ordinance as passed by the City
City Clerk of the City of Halispell, Montana