5. Resolution 4860 - Evergreen District Sewer SystemCity of Kalispell
Post Ofii Box 1997 - Kalispe11, Montana 59903-1997 - Telephone (406) 758-7000 fax - (406) 758-7-758
REPORT TO: Honorable Mayor and City Council
FROM: Chris Kukulski, City Manager
SUBJECT: Resolution 4860 Regarding the City's Intent to Allow Properties to
Connect to the Evergreen Sewage System and for the Creation of an
Extraterritorial Planning Jurisdiction_
MEETING DATE: January5, 2004
BACKGROUND: The attached Resolution is a result of the City Council's discussions
during the December 29, 2003 council workshop. At the workshop the Evergreen Sewer
District's Resolution was discussed in detail and the Council gave direction that it also wanted to
state via the attached resolution how we would like to proceed in this discussion with the
Evergreen Sewer Board and Flathead County Commissioners.
RECOMMENDATION: The City Council approve Resolution 4860 to be forwarded
immediately to Flathead County and to the Evergreen Water and Sewer Board for their review.
Respectfully submitted,
Chris A. Kukulski, City Manager
RESOLUTION NO.4S60
A RESOLUTION OF INTENT TO ALLOW PROPERTIES TO CONNECT TO THE
EVERGREEN DISTRICT SEWERAGE SYSTEM AND FOR THE CREATION OF AN
EXTRATERRITORIAL CITY PLANNING JURISDICTION
WHEREAS, the City of Kalispell, hereinafter referred to as "City," is party to an Interlocal
Agreement with Flathead County Water & Sewer District #1 — Evergreen,
hereinafter referred to as "District," for the treatment of sewage collected from
properties within the boundary of RSID #I32; and
WHEREAS, the Interlocal Agreement establishes the geographical boundary of the area served
by the District's sewerage system, as shown on the attached Exhibit "A" and.
limits the quantity of sewage from the District to be treated by the City, and
WHEREAS, the District is presently using or has otherwise committed the allotted quantity of
sewage to be treated by the City as stipulated in the Interlocal Agreement; and,
WHEREAS, Exhibit "A" shows the over -lapping areas of the District and the City for
providing utility services; and,
WHEREAS, the City believes development of land outside the boundaries of the District
presents a public health concern when sewage disposal is by private on -site septic
systems or private community sewerage systems; and,
WHEREAS, the Interlocal Agreement allows for the connection of sewerage systems from
properties outside the District to the District sewerage system with the mutual
agreement and consent of the District and the City; and,
WHEREAS, the City utility service area shown on Exhibit "A" is also considered by the City
to be the Kalispell Planning Jurisdictional Area; and,
WHEREAS, the City strongly desires that development within the Kalispell Planning
Jurisdictional Area take place in conformance with its standards for such
development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City will consent to allow properties within the area described in
Exhibit "A", but outside the boundary of RSID #132, as defined in the
Interlocal Agreement, to connect to the District sewerage system, and that
such connections and the .resulting sewage flows will not be included in
the total sewage treatment quantity of the District; provided that,
SECTION H. The Flathead County Commission recognizes that the area shown on
attached Exhibit "A" is an over -lapping area of City and District utility
service, and that it is the City's requisite that the Commission agrees that
the area shown on Exhibit "A" shall be within the City of Kalispell
Planning Jurisdictional Area and for development within this area the City
may set conditions for utility connections that are consistent with ensuring
conformance with City standards for providing all its services for such
development, pursuant to Montana law.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 5TH DAY OF JANUARY, 2004.
Pamela B. Kennedy
.Mayor
ATTEST.
Theresa White
City Clerk
CITY OF KALISPELL UTILITY SERVICE AREA BOUNDARY
AND PROPOSED PLANNING AREA BOUNDARY
12/50/03