Resolution 5552B - FAILED - Annexation Approval - Farnham Addition #41606/18/ 2012 FAILED ON A 6-3 VOTE
RESOLUTION NO. 5552B
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS PARCEL A AS SHOWN ON CERTIFICATE OF
SURVEY NO. 15268 LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS FARNHAM ADDITION NO.416; TO
ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Joshua and Shelby Farnham, the
owners of property located at the northeast corner of the intersection of Three Mile
Drive and West Spring Creek Road, requesting that the City of Kalispell annex the
territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-11-04, dated March 6, 2012; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended denial of the
annexation request, on a 3 to 4 vote, based upon the cost of services analysis that
indicates that the costs to the city to provide municipal services to the property are in
considerable excess of the tax and assessment revenues to be derived from the
properties as well as concerns expressed by the city fire department regarding fire
safety issues; and
WHEREAS, in the event the Kalispell City Council elects to approve the annexation request, the
Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-1, Neighborhood Business, with a PUD overlay, on
approximately 3.5 acres upon the annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter
2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L That all the real property as described on Exhibit "A" below be annexed to the
City of Kalispell and the boundary of the City is altered to so provide, and
shall be known as Farnham Addition No. 416.
SECTION IL Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in the
City of Kalispell and shall be entitled to the same privileges and benefits as are
other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the
Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2012.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
EXHIBIT A
LEGAL DESCRIPTION
JOSHUA AND SHELBY FARNHAM
The property is described as Parcel A as shown on Certificate of Survey No. 15268 located in Section
2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.