CorrespondenceASTLE and ASTLE
ATTORNEYS AND COUNSELORS AT LAW
705 MAIN STREET
KALISPELL, MONTANA 59901
DAVID L. ASTLE
WILLIAM E. ASTLE
April 29, 2003
Mayor Pam Kennedy and
Kalispell City Council
Kalispell City Hall
Kalispell, MT 59903-1997
TEL. (406) 752-7393
FAX (406) 257-3268
Re: Kalispell Resolution of Intent No. 4779 - Meadow Park Annexation
Dear Mayor Kennedy and Council Members:
Please be advised that I represent the South Wood land/G reenacres Coalition
consisting of property owners in and around the Meadow Park Subdivision, the
area, the subject of City of Kalispell Resolution of intent No. 4779.
The purpose of this letter is to notify you, on behalf of my client, that it does
not oppose this annexation.
Contrary to the attempted annexations of this area in the past, the last of
which was in September, 1996, the annexation proposed by Kalispell Resolution
of Intent No. 4779 is profoundly different in that each and every parcel of property
within the area proposed for annexation has City of Kalispell municip?l water and
sewer services. Although each/every property may not be currently receiving both
Kalispell municipal water and sewer services, the service is, nonetheless, available
to each property, necessitating only the private lateral connection thereto by the
property owner.
As was the case with the recent annexation of Glacier Village Greens by the
City of Kalispell, it has and will continue to be my opinion that although involuntary
annexations are never popular, nor, indeed well received; that, nonetheless, if the
City of Kalispell provides all municipal services to the properties in the area to be
annexed, inclusive of municipal water and sewer service, the opposition to such an
annexation becomes both economically unfeasible and legally unrealistic.
Mayor Pam Kennedy and
Kalispell City Council
April 29, 2003
Page 2
On the basis of the Extension of Services Plan proposed for this annexation,
the City of Kalispell and its staff are commended as this Plan is further evidence of
the continued policy precedent of both a fair and equitable application of the
municipal annexation authority by the City of Kalispell.
I intend to render this same advice to owners of property, the target of any
future annexation by the City of Kalispell, with the only proviso being that all
services, including municipal water and sewer service, be extended by the City to
each individual property, as is the case herein.
Very truly yours,
I_FSKIIIIIIIIA=\TiTlIIWTl
t
Complete Water Systems and Well Drilling
115 Kelly Road Office 755-5395
Kahspe 4 MT 59901 Fax 755-5643
05-05-03
RE: Annexation of Tracts 70A & 70AA
Dear City Manager and Council,
EIVED
PM 4: 33
CITY CLERK
I respectfully ask to remain out of the City of Kalispell and for my zoning to remain as is.
We presently have no need for the City of Kalispells services and expect our needs not to
change.
Thank you for your consideration.
D g Billmayer A
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ALISHELL CITY Y CLERK
April 23, 2003
City Clerk
City of Kalispell
P. O. Box 1997
Kalispell, MT 59903-1997
Dear Sirs:
This letter is to inform you that I am against annexing my area into the
City of Kalispell.
I am a single person and hardly get by on what I make now. I don't know
how I can possibly pay any more taxes, and I do not see where it will
benefit me.
Thank you for your time.
Sincerely,
G
Arlene Clarke
432 Kelly Road
Kalispell, MT 59901
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Meadow Park 2
Common Area
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MEADOW PARK UNIT 2 74-05
INTRODUCTION - I am Charlie Howard - I live at 2226 S. Woodland Dr., Kalispell
Mt. To night I am here to represent 21 of the 23 home owners of the Meadow Park Unit
2 subdivision. One owner could not be contacted and one land owner has "with drawn"
We would like to thank Jayson Peters for his effort and support in arranging the time for
us to address the City Counsel on issues concerning taxes on the slough common area. .
SUMMARY - (Why we are here.) Amer a careful review of our Kalispell City taxes we
strongly believe that the tax rate applied to the slough (common area) is too high in
comparison to our lots. Currently the tax rates are the same for both areas.
Also, we strongly believe the common area classification is a misnomer and the slough
should be classified something other than a common area
1 a M Ileg iclu_ C : % 1
Review the map - - a quick over view of the of Meadow Park 2 Unit.
BACKGROUND
I VISITED a number of subdivisions that have common areas and found that the
common areas included such items as play grounds, swimming pools, walking areas,
tennis courts, and one housing area had a small golf course and a recreation hall. All of
the common areas I visited was for the EXCLUSIVE use of ALL the home owners, or
condo owners, and their guest, the areas provided some utility and use FOR ALL of the
home and or condo owners.
The more I thought about our common area it just didn't come up to a real common area.
The slough provides very little utility, and we do not have exclusive use and we have
very little control over the area. In MEADOW PARK Unit 2, our subdivision, there are
13 homes that are adjacent to the slough common area and there are 10 homes that have
ALMOST no access to the common area. The adjacent Meadow Park Unit 4 has 14
homes that are adjacent to the same slough common area and it's free, no tax. We are
not suggesting that these folks be taxes, just pointing out that we do not have exclusives
use and NO control over those that may want use the slough common area. Beside the
folks that live adjacent to the slough in Meadow Park Unit 4, at each end of the slough
system there are numerous land owners that also have open and free access to the slough
common area
z
SLIM IT UP
For the above reasons:
We object to paying taxes on the slough area (common area), at the same tax rate we are
paying for our lot. We contend the tax rate for the slough area should be less.
And we believe to call our slough a common area is a misnomer. Perhaps a classification
of our slough as a drainage area would be closer to reality.
common ui pabwiC, C1U M uy gaauL
Common of piscary. The right or liberty of fishing in
another man's water, in common with the owner or
with other persons. 2 BI.Comm. 34. A liberty or
right of fishing in the water covering the soil of
another person, or in a river running through anoth-
er's land. Hardin v. Jordan, 140 U.S. 371, 11 S.Ct.
808, 35 L.Ed. 428.
Common, tenants in. See Tenant (Tenant in com-
mon).
Common, adj. Usual, ordinary, accustomed; shared
among several; owned by several jointly. Belonging
or pertaining to many or to the majority. Generally
or prevalent, of frequent or ordinary occurrence or
appearance; familiar by reason of frequency. Webb
v. New Mexico Pub. Co., 47 N.M. 279, 141 P.2d 333,
335. Also, usual, customary, and habitual, professed,
or confessed, and used indefinitely in various terms
implying illegal or criminal conduct, such as common
scold, common thief, etc.
As to common Bail; Barretor; Chase; Condedit;
Council; Day; Debtor; Diligence; Drunkard; Error;
Fishery; Highway; Informer; Inn; Intendment of
law; Intent; Jury; Labor; Nuisance; Occupant;
Property; School; Scold; Seal; Sergeant; Stock;
Traverse; Vouchee; Wall, see those titles.
Common ancestor. A person through whom two or
more persons claim lineage.
Common appearance. The manner in which some-
thing generally appears; e.g. by common appearance
blood is red.
Common area. In law of landlord -tenant, the portion
of demised premises over which landlord retains con-
trol (e.g. stairs) and hence for whose condition he is
liable, as contrasted with areas of which tenant has
exclusive possession. Term also refers to areas in
common use by residents of condominium.
Common assurances. The several modes or instru-
ments of conveyance established or authorized by the
law of England. Called "common" because thereby
every man's estate is assured to him.
Common carrier. Any carrier required by law to
convey passengers or freight without refusal if the
approved fare or charge is paid in contrast to private
or contract carrier. One who holds himself out to the
public as engaged in business of transportation of
persons or property from place to place for compen-
sation, and who offers services to the public general-
ly. Tilson v. Ford Motor Co., D.C.Mich., 130 F.Supp.