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06. Resolution 4450 - Extension of Services PolicyRESOLUTION NO. 4450 A RESOLUTION AMENDING THE CITY OF KALISPELL EXTENSION OF SERVICES PLAN, SECTION IV, YY 4 AND 5, BY SPECIFYING THE CONDITIONS UNDER WHICH THE CITY SHALL PROVIDE UTILITY SERVICES BEYOND ITS CORPORATE LIMITS. WHEREAS, the City Council of the City of Kalispell adopted City of Kalispell, Extension of Services Plan, by Resolution No. 4241, on November 6, 1995, and WHEREAS, Section IV, q 4 of said Plan describes the conditions under which the City allows connection to its public utility systems, and WHEREAS, at the request of the City Council, the Public Works Department and the staff of the Flathead Regional Development Office revised the connection policy to allow for orderly expansion of utilities and municipal boundaries. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City of Kalispell, Extension of Services Plan is hereby amended by inserting a new Section IV, q 4, which shall read: Before a development beyond the City limits is allowed to connect to a City -owned utility, a Consent to Annex/Notice of Withdrawal from Rural Fire District and a Petition Requesting Annexation shall be properly filed with the City Attorney and said annexation request shall be approved by City Council Resolution or Ordinance as may be appropriate. Service will be extended only to existing or proposed developments that are contiguous to the City. SECTION II. That the City of Kalispell, Extension of Services Plan is hereby amended by adding to Section IV, a Y 5 which shall read: As a requirement of access to a City -owned utility in a subdivision proposed beyond city limits, the property owner shall apply to the City for preliminary plat approval and simultaneously petition for annexation to the H:\attsect\wp\res\extensionofservices.wpd City, and the property shall be annexed or each phase of said subdivision shall be annexed with approval of Final Plat. As a requirement to a City -owned utility in a proposed land division which is exempt from subdivision regulation and is beyond the city limits, the property owner shall petition to annex and the property shall be annexed prior to filing the certificate of survey with the County Clerk and Recorder to create the land division. SECTION II. This Resolution shall take effect immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND SIGNED BY THE MAYOR THIS 1 DAY OF MARCH, 1999. Wm. E. Boharski Mayor Attest: Theresa White Clerk of Council H:\attsect\wp\res\extensionofservices.wpd MEMORANDUM February 24, 1999 To: Al Thelen, Interim City Manager From: Jim Hansz, Director of Public Wo ks �'^' Subject: Amendment of Resolution # 4241, Extension o ervices Plan At their work session on the 22", the City Council asked that a resolution to amend the City's Extension of Services Plan be prepared for -their consideration at the next City Council meeting. The following language was agreed in principle to amend the General Policy section of the Plan on page 19. Numbered paragraph 4 should be deleted and replaced with the numbered paragraph 4 shown below. In addition, a new numbered paragraph 5, as shown below, should be added to the section. 4. Before a development beyond City limits is allowed to connect to a City -owned utility, a Consent to Annex/Notice of Withdrawal from Rural Fire District and a Petition Requesting Annexation shall be properly filed with the City Attorney and said annexation request shall be approved by City Resolution or Ordinance as may be appropriate. Service will be extended only to existing or proposed developments that are contiguous to the City. 5. As a requirement of access to a City -owned utility in a subdivision proposed beyond city limits, the property owner shall apply to the City for preliminary plat approval and simultaneously petition for annexation to the City, and the property or each phase shall be annexed at final plat approval. As a requirement to a City -owned utility in a proposed land division which is exempt from subdivision regulations and is beyond city limits, the property owner shall petition to annex and the property shall be annexed prior to filing the certificate of survey with the County Clerk and Recorder to create the land division. These changes comprise the total of the changes discussed at the work session. Please forward this to the City Attorney so that he may prepare the requested resolution for City Council action. Post Office Box 1997 - Kalispell, Montana 59903-1997 MINNINEEM Telephone (406) 758-7700 - FAX (406) 758-7758