Resolution 5084 - FAILED ON TIE VOTE - Providing Sewer Services to Cottonwood Estates12/19/2005 FAILED ON A TIE VOTE
RESOLUTION NO.5084
A RESOLUTION REGARDING THE DEVELOPMENT OF COTTONWOOD ESTATES
AND PROVISION OF MUNICIPAL SEWER SERVICES THERETO.
WHEREAS, Cottonwood Estates, LLC owner of that certain real property located outside
municipal boundaries and in Flathead County, Montana and more particularly
described in Exhibit "A", attached hereto and fully incorporated herein by this
reference, and hereafter referred to as "Cottonwood Estates", seeks to develop
said property to an urban density and therefore desires the services of a municipal
sewer and community water supply; and
WHEREAS, pursuant to the terms of the interlocal agreement between the City of Kalispell
and the Flathead County Evergreen Sewer District, Cottonwood Estates has made
its request to the City of Kalispell for permission to connect to the Evergreen
Sewer District sewerage conveyance system; and
WHEREAS, Cottonwood Estates is located wholly outside the city limits of Kalispell and
wholly outside the Evergreen Sewer District but within such proximity to the
Evergreen Sewer District that it may be feasibly served by the Evergreen Sewer
District sewerage conveyance system. Evergreen Sewer District is a customer of
the City of Kalispell municipal sewer system and contractually provided with an
allotment of sewer treatment capacity and conveys its sewerage to the City of
Kalispell municipal sewer treatment system; and
WHEREAS, for the reason that Cottonwood Estates is located wholly outside the Evergreen
Sewer District it is not in the best interests of the City that make it policy that the
City will further encourage urban density development outside of its boundaries
by providing its sewer treatment services to those areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
,SECTION I. The Kalispell City Manager is not authorized to give the City 's permission
to Cottonwood Estates to connect to the Evergreen Sewer District.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19" DAY OF DECEMBER, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk