Resolution 4936A - Kelsey Subdivision - Sewer Services - City Owns Lines Upon AnnexationRESOLUTION NO. 4936A
A RESOLUTION REGARDING THE DEVELOPMENT OF KELSEY SUBDIVISION
AND PROVISION OF MUNICIPAL SEWER SERVICES THERETO.
WHEREAS, Andrew R. Farris, owner of that certain real property located outside municipal
boundaries and in Flathead County, Montana and more particularly described as
Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, and
hereafter referred to as "Kelsey Subdivision", seeks to develop said property to an
urban density and therefore desires the services of a municipal sewer and
community water supply; and
WHEREAS, Kelsey Subdivision is located partially within the Evergreen Sewer District so that
portion 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 that portion of the Kelsey Subdivision
outside of its RSID 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, since a portion of Kelsey Subdivision is within the Evergreen Sewer District
RSID and is therefore eligible for connection to municipal sewer services through
the Evergreen Sewer District conveyance system., the City of Kalispell should
allow that portion of the Kelsey Subdivision outside of the RSID to also connect
to the same municipal sewer services; and
WHEREAS, it is in the best interests of the City of Kalispell that if all of Kelsey Subdivision is
allowed to utilize the sewer utilities of the City via the Evergreen Sewer
conveyance system, it should construct such sewer infrastructure in compliance
with City and Evergreen standards and enter into an agreement with Evergreen in
which the Evergreen Sewer District shall agree to convey ownership of the
development's sewer system to the City at such time as the City annexes the
subdivision into the City of Kalispell; and
WHEREAS, it is further in the best interests of the City of Kalispell that if all of Kelsey
Subdivision is allowed to utilize the sewer utilities of the City via the Evergreen
Sewer conveyance system, the owner and developer of said subdivision should
execute a waiver of right to protest annexation and also enter into a developers
agreement with the City of Kalispell in which it is agreed by the parties that the
subdivision shall be developed to certain urban standards in exchange for the
City's agreement to provide municipal sewer services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the City of Kalispell directs the City Manager to provide the
necessary written consent to Kelsey Subdivision and the Evergreen Sewer
District approving the construction of sewer lines serving the Kelsey
Subdivision that will connect to the mains or services of the collection
system operated by the Evergreen Sewer District.
SECTION II. That the above -described written consent clearly indicate that ownership
of the sewer system that is developed within the Kelsey Subdivision shall,
at the time it is annexed into the City of Kalispell, be conveyed to the City
of Kalispell and that such agreement must be made by the Evergreen
Sewer District prior to conveyance of the sewer lines by the owner and
developer to the District.
SECTION III, That upon the City Manager providing the necessary written consent to
the Kelsey Subdivision and the Evergreen Sewer District approving the
construction of sewer lines serving the Kelsey Subdivision that will
connect to the mains or services of the collection system operated by the
Evergreen Sewer District, the owner and developer of said subdivision
shall execute a waiver of right to protest annexation and also enter into a
developers agreement with the City of Kalispell in which it is agreed by
the parties that the subdivision shall be developed to certain urban
standards in exchange for the City's agreement to provide municipal sewer
services.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 18TH DAY OF OCTOBER 2004.
ATTEST Mayor
Theresa White
City Clerk