Ordinance 1084 - Amend Chapter 11, GarbageORDINANCE NO. 1083
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 "KALISPELL MOTEL ADDITION NO. 195 TO
KALISPELL"; TO ZONE SAID PROPERTY AS "COMMUNITY BUSINESS, B-4" AND TO
AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, the City Council of the City of Kalispell did on the 17th
day of March, 1986, adopt Resolution No. 3638 to consider the annexation
of certain real property, said real property being more particularly
described in Exhibit "A" attached.hereto and by this reference- made a
part hereof; to be kown as "Kalispell Motel Addition No. 195 to
Kalispell"; and pursuant thereto, the City Council did set a Public
Hearing to be held on said Resolution, and due and proper notice of
said Public Hearing was given by the+City Clerk -Treasurer; and
WHEREAS, a Public Hearing was duly held by the City Council pursuant
to said notice at its regular meeting on the 19th day of May, 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 Resolution 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 owner of said real property, LSR, a Partnership, has
consented to the annexation in writing by executing a Consent to
Annex Agreement and Notice of Withdrawal from Rural Fire District;
and
WHEREAS, the City does intend to provide all services to said
realty being annexed as 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 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 City -County Planning
Board and Zoning Commission therefore, a Public Hearing was duly
noted and held on the 19th day - of: May, 1986, by the City Council
concerning the designation of said: area as Community Business B-4
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 zoning classification as proper for
all said realty; and
WHEREAS, the proposed "Kalispell Motel Addition No. 195" to Kalispell
is included within and conforms to the Kalispell City -County Master
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 boundaries of the City are so altered
to so provide.
SECTION II. If within twenty (20) days of the 19th day of
May, 1986, said date being the date of the Public Hearing
held by the City Council on the Resolution of Intention No.
3638, 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 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 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 enforced in
the City of Kalispell andshall be entitled to the same
privileges and benefits as are other parts of the City.
SFCTlO -JV, : A1`1. 6f said. r-e'aIty- so,, annexed the-- the-. G i ty _sha11 -
..:
b Gotmti�iz:y. Bus-iiess`, B-4" district 'under the' City:of
Kalispell's::�Qning Ordinance; and, the City zoning map shall
be: amended .tbL`so r,ef.lect,
SECTION V. This Ordinance:shall be effective thirty (30)
days rom and after, its final' passage by the City Council '.
and approval: by' the Mayor.
PASSED $Y.,THE. CITY COUNCIL OF THE. 'CITY OF: KALISPELL AND APPROVED,
BY THE MAYOR° THIS 4 th .DAY OF : .August 1986. F :
�. ,
ohn :"'Ed:':' Kennedy. .. Mayor
.
ATTEST :'
ft y C erk'r.eaurer.
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I;. Dori Ha1v.:er Clerk. -Q-f- the iCitys,of .Ral spe.l'li Moriitafia-,` <16 certify,
that
on t:,he :. day` of , , 1 9. ~ `' ,.I; posted a. copy of th:e
oregoing.. ora"nanc.e in >iiy office , 'and the same remained posrecl'Until
,the
.seeon`d read nc;;on the day' Qf _ - _- , 19 ; ,.:.and :_the
freg,inc ;ia"tr2 and correct copy of .the ordinanceas: passed E the
City
.Ll.l
zty Clerk 'of th.e City .of; Kal. 'eii:°, montana7.
v
E`fHIBIT; "A"
Comn;c.ncing at a found iron pin which is on the Southerly RIW of East Washington
Street and being 16 feet easterly. of the Northr_ast corner .of Lot 1, Block 10 of
Duncan's Addition to Kalispell (Records of Flathead County); thence N76111100"E
and along the Southerly RIW of said East Washington Street a distance of 141.81
feet to a found iron pin and the true point of bf,einnino of the tract of land
herein described; thence continuing along said Southerly R1W N76°11100"E 161.14
feet to a set iron pin, thence leaving. said RIW S13049'00"E 233.00 feet to a set
iron pin on the Northerly R1W of U.S. Highway No. 2, thence along the Northerly
R/W of said U.S. Highway No. 2 the .following 3 courses: S76111'0011W 112.14 feet;
S13049'00"E 13.00 feet, S7601110011W 49.00 feet to a set iron pin; thence leaving
said Northerly RIW N13°49'0011W 296.00 feet to the point of beginning and containing
1.062 acres, subject to and together with a 20 foot private road easement as shoe n
herein; subject to and together with all easements of record.
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