Resolution 4911 - Resolution of Intention - Interlocal Agreement with County - Cottonwood EstatesRESOLUTION NO. 4911
A RESOLUTION OF INTENTION TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH FLATHEAD COUNTY REGARDING THE DEVELOPMENT OF COTTONWOOD
ESTATES AND PROVISION OF MUNICIPAL SEWER SERVICES THERETO.
WHEREAS, Cottonwood Estates, LLC 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 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;
WHEREAS, Title 7, Chapter 1 L 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell to enter into an Interlocal
Agreement with Flathead County regarding the development of Cottonwood
Estates and the provision of municipal sewer services thereto.
SECTION II. That the Interlocai Agreement attached hereto and incorporated fully herein
by this reference be immediately presented to the Flathead County
Commission for its consideration and action.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF JULY, 2004,
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Cottonwood Estates
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 NORTH, RANGE 21
WEST, P.M.M, FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the northeast corner of the Northwest Quarter of the Southeast Quarter of Section
34, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana: thence along the east
boundary of said NWl/4SE1/4 SOl°07'40"E 1345.23 feet to the south boundary of said
NW1/4SEI/4; thence along said south boundary S89°40'09"W 1303.04 feet to the easterly R/W of
a 40 foot County Road known as Helena Flats Road; thence along said R/W NOl°09'37'W 1182.59
feet; thence leaving said R/W N89°19'28"E 421.42 feet; thence N00°40'32"W 154.81 feet to the
north boundary of said NW I/4SEI/4; thence along said north boundary N89°19'28"E 880.98 feet to
the point of beginning and containing 38.400 acres; subject to and together with all appurtenant
easements of record.