Resolution 4967 - Developer's Extension Agreement - West View Estates SubdivisionRESOLUTION NO.4967
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A
DEVELOPER'S EXTENSION AGREEMENT ON BEHALF OF THE CITY WITH OWL
CORPORATION FOR THE EXTENSION OF MUNICIPAL WATER AND SEWER
SERVICES TO THE WEST VIEW ESTATES SUBDIVISION.
WHEREAS, the extension of services policy of the City allows the City to enter into a
developer's extension agreement in which the developer agrees to expend the
funds to extend City utility services to and through the developer's project with an
agreement from the City to repay the developer, from newcomer's charges, his
costs for the capacity that exceeds the project's needs; and
WHEREAS, Owl Corporation is agreeing to extend the City's municipal water and sewer
service through Section 36 and through the West View Estates Subdivision; and
WHEREAS, the developers extension agreement that is proposed with the Owl Corporation
has a term of 17 years and provides adequate capacity for growth and build out
within Section 36 and those areas immediately surrounding and including the
West View Estates Subdivision; and
WHEREAS, the developer's extension agreement that is proposed with the Owl Corporation is
consistent with the extension of services policy of the City, is fair and equitable to
the developer and is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City Manager is hereby authorized to enter into a Developer's
Extension Agreement with Owl Corporation in which the Kalispell
municipal water and sewer will be extended to the West View Estates
Subdivision by Owl Corporation and in which the City agrees to
reimburse Owl Corporation over time from newcomer fees received by the
City for the developer's costs that exceed the needed water and sewer
capacity of the West View Estates Subdivision.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 20'h DAY OF DECEMBER 2004.
Pamela B. Ke dy
Mayor '
ATTEST:
Theresa White
City Clerk