Acceptance of StreetsTelephone (406) 752-6600
P.O. Box 1997
Kalispell, MT 59903-1997
September 10, 1992
Karl M. Oehrtman
132 Riverview Drive
Kalispell, MT 59901
T e Cily oi Kalispell
Incorporated 1892
Re: Acceptance of Streets in Riverview Greens
Dear Mr. Oehrtman:
This office is in receipt of your letter dated August- 13,
1992. Apparently, the letter was delivered to the Flathead
County Courthouse, thus a response has been delayed.
When Riverview Greens was annexed to the City, the City
prepared an extension of services plan which considered,
among other matters, the dedication of private roads within
the subdivision. The extension of services plan provided:
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystui
Ward I
Cliff Collins
Word 1
Jim Atkinson
Word III
louren Granmo
Word III
M. Duane lorson
. . the City of Kalispell may accept the Ward iv
dedication of the private roads as public roads. A
majority of the landowners must agree to the
dedication. . .
Your letter of August 13, 1992 indicates that the majority of
the landowners in Riverview Greens desire that the City
assume responsibility for the streets. From a policy
perspective the City has no objection to accepting the
streets within the subdivision as public streets. However,
as a practical matter the City, prior to accepting said
streets, must be assured that the streets within the
subdivision conform to the requirements of the Standards and
General Provisions for Design and Construction. City of
Kalispell, 1986.
Montana law requires:
7-3-4446. Acceptance of streets or alleys. (1) No
streets or alleys except those laid down on such
plat and bearing the approval of the supervisor of
plats, as hereinbefore provided, shall subsequently
in any way be accepted as public streets or alleys
by the municipality or shall any public funds be
expended in the repair or improvement of streets or
alleys subsequently laid out and not on such plat.
This restriction shall not apply to a street or
alley laid out by the municipality or to streets,
alleys, or public grounds laid out on a plat by or
with the approval of the supervisor of plats.
Karl M. Oehrtman
September 10, 1992
Page 2
(2) No street or alley hereafter dedicated to public use
by the proprietor of ground in the municipality shall be
deemed a public street or alley or under the care or control
of the commission* unless the dedication be accepted and
confirmed by ordinance passed for such purpose or unless the
provisions confirmed by ordinance passed for such purpose or
unless the provisions hereof relating to subdivisions shall
have been complied with.
Therefore, in order for the City to accept the streets in Riverview
Greens the City must first ascertain that the streets were constructed
in accordance with City Standards. In my conversation with Bob Babb,
Director of Public Works, he has indicated that the process would
involve "coring" the streets in order to obtain a cross-section on
construction. If the streets meet City Standards the Director will
recommend acceptance to the City. If the streets do not conform they
will need to meet City Standards before they will be accepted.
Please contact Bob Babb, Director of Public Works, City of Kalispell,
telephone no. 752-6600, Ext. 254 for assistance in arranging for
inspection and recommendation.
Thank you for your letter. If you have any questions please feel free
to contact me.
Sincerely,
!Glen eier
City Attorney
GNIsh
pc: Bruce Williams
Bob Babb
Karl M. Oehrtman
132 Riverview Drive
Kalispell, MT 59901
August 13, 1992
City of Kalispell
Courthouse
Kalispell, MT 59901
RE: Riverview Greens Development
To Whom It May Concern:
This letter is on behalf of the Riverview Greens Home Owners
Association who on August 11, 1992 elected to donate the
streets in our development to the City of Kalispell. The
homeowners have elected to retain ownership of the designated
parks in our development.
Thank you very much.
Sinc,eAly yours,
Karl M. Oehrtman
KMO/dj
Karl M. Oehrtman
132 Riverview Drive
Kalispell, MT 59901
August 13, 1992
City of Kalispell
Courthouse
Kalispell, MT 59901
RE: Riverview Greens Development
To Whom It May Concern:
This letter is on behalf of the Riverview Greens Home Owners
Association who on August 11, 1992 elected to donate the
streets in our development to the City of Kalispell. The
homeowners have elected to retain ownership of the designated
parks in our development.
Thank you very much.
Sinc ly yours,
Karl M. Oehrtman
KMO/dj