3. Resolution 5485 - Amend Water Facility Capital Improvement Plan:'.
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TOO Mayor Tam.mi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
Jane Howington, City Manager
SUBJECT. Resolution No. 5485 - a Resolution Amending the Kalispell
Water :Facility CIP to Include the section 36 Water Main
Extension
AMETINGDATE: March 7, 2011— Regular Council Meeting
BACKGROUND: In 2005 the Owl Corporation extended the Kalispell City water
conveyance system through section 30 from the old DNRC campus to west View Estates
Subdivision abutting the northwest corner of Section. 36. The City 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 30
could be served by this new extension. Owl Corporation and the City of Kalispell entered
into a developer's agreement so that landowners connecting to the new water main would
pay a latecomer fee to Owl Corporation representing their pro rata share of the cost of
the oversized portion of the line. 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 extension.
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. The
purpose of the CIP is to establish a plan that includes a list of projects to be associated
with funding sources so that as growth and the demand for water services occurs
revenues may be planned to meet the funding needs for the capital improvements. A
significant portion of the master plan for development of section 30 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.
Resolution No. 5485 Memorandum
March 2, 2011
Page - 2
RECOMMENDATION.* That City Council give consideration to and pass Resolution
No. 5485.
FISCAL IMPACT& The inclusion of this water main on the CIP allows for the
appropriate use of water impact fees to fund this project.
Respectfully submitted,
-1-7
Charles"arball/ City Attorney
Office of City Attorney
City of Kalispell
........ .......... . .. .. .
a,, lowigton, City ManagA
RESOLUTION / AMEND THE CITY OF KALISPELL WATER FACILITY
CONVEYANCECAPITAL IMPROVEMENT PLAN TO INCLUDE THE CITY WATER MAIN
1
THROUGH! , FROM THE OLD
DNRC CAMPUS TO THE WEST VIEW ESTATES SUBDIVISION.
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 wrest 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 Cowl
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
plain 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 Nest View Estates Subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
I ALIS PELL 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.
Tam Fisher
Mayor
Theresa White
City Clem