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Resolution 5485 - Water Facility CIP Amendment - Extending City Water through Section 361 1 IMMUDIMMAZINDIt 1 WHEREAS, in 2005 the Owl Corporation extended the Kalispell City water conveyance system through Section 36, in the City of Kalispell, from the old DNRC campus to West View Estates Subdivision abutting the northwest corner of Section 36; and WHEREAS, the City of Kalispell required this water conveyance extension to be oversized beyond the water needs of the West View Estates subdivision so that anticipated future growth in the area of Section 35 and Section 36 could be served by this new extension to the main; and WHEREAS, in 2005 Owl Corporation and the City of Kalispell entered into a developer's agreement so that landowners connecting to the new water main extension would pay a latecomer fee to Owl Corporation representing their pro rata share of the cost of the oversized portion of the line; and WHEREAS, on February 7, 2011 the City Council approved an agreement with Owl Corporation in which the City agreed to reimburse Owl Corporation for its investment remaining unpaid on the portion of its cost for over sizing the water main in exchange for the City obtaining the legal rights of Owl Corporation to collect the latecomer fee from future connections to that water main extension; and WHEREAS, a significant portion of the master plan for development of Section 36 as well as the Starling Subdivision planned for Section 35, also annexed into the city, remain to be developed and will be served by this water main extension; and WHEREAS, on February 17, 2009, by Resolution No. 5342, the Kalispell City Council approved and adopted the current City of Kalispell Water Facility Capital Improvement Plan; and WHEREAS, the purpose of the City of Kalispell Water Facility Capital Improvement Plan is to establish a capital improvement plan that includes a list of projects to be associated with funding sources so that as growth and the demand for water services occur revenues may be planned to meet the funding needs for the capital improvements; and WHEREAS, the Kalispell City Council therefore finds that it is appropriate and in the best interests of the City that the City of Kalispell Water Facility Capital Improvement Plan should include the city water main conveyance system extending through Section 36 from the old DNRC campus to the West View Estates Subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the City of Kalispell Water Facility Capital Improvement Plan approved by the City Council on February 17, 2009 shall be amended to include the city water main conveyance system extending through Section 36 from the old DNRC campus to the West View Estates Subdivision. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2011. Tammi Fisher Mayor ATTEST: Theresa White City Clerk