Loading...
3. Draft Interlocal Agreement - Cottonwood EstatesINTERLOCAL AGREEMENT 61 CITY OF KALISPELL FLATHEAD COUNTY, MONTANA toV for COTTONWOOD ESTATES SUBDIVISION WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal Cooperation Act," permits governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, said Act provides that an interlocal agreement may be authorized and approved by the governing body of each party to said contract; and WHEREAS, XXX, owner of that certain real property located outside municipal boundaries and in Flathead County, Montana and more particularly described in Exhibit "A", attached hereto and fully incorporated herein by this reference, and hereafter referred to as "Cottonwood Estates", seeks to develop said property to an urban density and therefore desires the services of a municipal sewer and community water supply; and WHEREAS, it is in the best interests of the Flathead County and the City of Kalispell and their citizens, that water quality of the shared aquifer be protected by the connection to and utilization of a municipal sewer by Cottonwood Estates; and WHEREAS, Cottonwood Estates is located within such proximity to the Evergreen Sewer District that it may be served by the Evergreen Sewer District which is a customer of the City of Kalispell municipal sewer system and contractually provided with an allotment of sewer capacity and which conveys its sewerage to the City of Kalispell municipal sewer system; and WHEREAS, the City of Kalispell may agree to allow Cottonwood Estates to convey its sewage through the Evergreen Sewer District conveyance system without requiring the Evergreen Sewer District to assign such sewerage to its own contractual capacity; and WHEREAS, it is in the best interests of the City of Kalispell that developments such as Cottonwood Estates that utilize the utilities of the City be developed to urban standards that are compatible to those standards generally used by the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Kalispell and the Commission of the County of Flathead, State of Montana, each a local government agency of the State of Montana, that: INTERLOCAL AGREEMENT COTTONWOOD ESTATES Page - 1 of 5 Pursuant to MCA 7-11-104, the City of Kalispell and Flathead County agree it is to their mutual advantage to adopt this Interlocal Agreement as follows: Section 1: Recitals The City of Kalispell is a municipality of the State of Montana located within Flathead County and organized pursuant to Title 7 Chapter 3 Part 43. The City owns, maintains and provides certain utility services, including sanitary sewer and water, to its city residents. The City may legally provide its utilities to serve areas outside of the City for consideration and if it is deemed to be in the best interests of the City and its residents. Flathead County is a duly formed County government of the State of Montana created by the authority of the Montana State Legislature. Flathead County possesses the exclusive statutory authority to review and approve the subdivision request of Cottonwood Estates and to enforce any conditions placed thereon. The County may consult with the City of Kalispell or any other agency providing services to the development in this regard. The area covered by this Interlocal Agreement is defined by the boundaries of that real property known as Cottonwood Estates and more particularly described by Exhibit "A", attached hereto. Section 2: Purpose It is the purpose of this Agreement to delineate the provision of services and land use planning responsibilities of the local governments with respect to the Cottonwood Estates Subdivision, and the development, implementation, and enforcement of the conditions for subdivision approval. Section 3: Administration of Land Use Controls 3.01. No separate legal entity is established by this Interlocal Agreement. 3.02. The City and the County agree to work cooperatively to provide a reasonable opportunity for Cottonwood Estates to be developed to an urban density, to be served by one or more _municipal utilities and to be developed to urban standards as outlined in Exhibit B attached to this agreement. 3.03. Application and Review Process 3.03.01 The Flathead County Planning and Zoning Office shall notify the Tri- City Planning Office that Cottonwood Estates has requested urban development and connection to the Evergreen sewage collection system. The Tri-City Planning Office shall immediately schedule the matter before the Kalispell Site Review Committee and following their action, respond to the Flathead County Planning INTERLOCAL AGREEMENT COTTONWOOD ESTATES Page-2 of 5 and Zoning Office with recommended Conditions of Approval and applicable "Urban Development Standards" requested by the City of Kalispell within 10 working days of the Site Review meeting. The "Urban Development Standards" shall be as set forth in Exhibit `B" attached hereto and fully incorporated herein by this reference. 3.03.02 The Flathead County Planning and Zoning Office shall prepare the Staff Report and recommended conditions of approval for transmittal and public hearing by the Flathead County Planning Board. Said transmittal shall be made to the Planning Board at least 14 days prior to the hearing. 3.03.03 The Flathead County Planning and Zoning Office shall verbally inform the Tri-City Planning Office as to the Planning Board Recommendation within 3- 5 days of the planning board hearing and action. A copy of the transmittal letter to the Flathead County Commissioners shall be forwarded to the Tri-City Planning Office within 10 days of the Public Hearing. 3.03.04 The Flathead County Commissioners will not schedule the project for final decision for 15 days after transmittal to afford the City of Kalispell an opportunity to comment on the action recommended by the County Planning Board. 3,03.05 The City shall comment within the 15-day period to County Commissioners concerning the Planning Board recommendation either supporting the recommendation or asking for re -consideration of key points that may have been recommended by the Planning Board for modification or elimination. 3.03.06 The Flathead County Planning and Zoning Office shall send notice of the action taken by the County Commissioners to the Tri-City Planning Office. 3.03.07 The Tri-City Planning Office shall forward to the City Manager and the City Council the Commissioners' final action for determination if the subdivision will receive a Resolution to Provide Certain Municipal Services from the City of Kalispell. 3.03.08 In the event Flathead County grants the subdivision approval with conditions that are inclusive of the Urban Standards as set forth in Exhibit " B", the City of Kalispell shall issue a Resolution to Provide Certain Municipal Services. The developer of Cottonwood Estates will execute a waiver of protest to annexation for the subject property and enter into a developer's agreement with the City of Kalispell and the Evergreen Sewer District for extension of municipal sewer or other services as deemed appropriate and that is consistent with the conditions for subdivision approval issued by Flathead County. 3.03.09 Review and enforcement of the conditions for subdivision approval shall be the duty of Flathead County. Any bonding requirements imposed by the INTERLOCAL AGREEMENT COTTONWOOD ESTATES Page - 3 of 5 Developer's Agreement with the City of Kalispell or the Evergreen Sewer District shall be subject to the civil enforcement provisions of that Agreement. Section 4: Modification cc 4.01. This Agreement shall become effective upon approval by the Council of the City � �� � � of Kalispell and the Count Commission of Flathead County. 4.02. This agreement may be changed with additions and/or deletions upon mutual written consent of the parties hereto, and, if necessary, with the written consent of the developer of Cottonwood Estates. Section 5: Term of Agreement This Agreement will be effective from signature date by both parties and will be effective for a period of the life of the approved preliminary plat or 3 years which ever is longer. IN WITNESS WHEREOF, the local governments have caused this instrument to be duly executed by their proper officers as follows: CITY OF KALISPELL APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL on the _day of July, 2004, authorizing the Mayor to execute the Interlocal Agreement. ATTEST: Theresa White City Clerk (SEAL) ENTERLOCAL AGREEMENT COTTONWOOD ESTATES Pamela B. Kennedy Mayor Page - 4 of 5 COUNTY OF FLATHEAD, STATE OF MONTANA APPROVED BY THE COUNTY COMMISSION OF FLATHEAD COUNTY, STATE OF MONTANA on the_ day of July, 2004. Howard W. Gipe, Chairman Robert W. Watne Gary Hall INTERLOCAL AGREEMENT COTTONWOOD ESTATES Page - 5 of 5