11. Resolution 5201 - Resolution of Intent to Annex - Trumbull Creek Crossing Phase 1City of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM.
SUBJECT:
MEETING DATE:
MEMORANDUM
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles H arb all, City Attorney
Names H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
Resolution No. 5201 --- Intent to Annex Trumbull Creek
Crossing Phase I
Monday, May 7, 2007 — Regular Meeting
BACKGROUND: The owner of Trumbull Creek Crossing Subdivision, formerly known
as Kelsey Subdivision seeks to develop the property to an urban density and therefore
desires the services of a municipal sewer and community water supply. The City of
Kalispell has previously determined that it is in the best interests of the local environment
and the citizens of Kalispell to provide wastewater treatment for the development and has
therefore agreed to allow that portion of the Trumbull Creek Crossing Subdivision, Phase I
to convey its sewage through the Evergreen Sewer District conveyance system to the
Kalispell Municipal wastewater Treatment Facility without requiring the Evergreen Sewer
District to assign such sewerage to its own contractual capacity. In exchange for the City of
Kalispell agreeing to provide municipal wastewater treatment services, the owner of the
subdivision has executed a waiver of right to protest annexation and also agreed to enter
into a developers agreement with the City of Kalispell in which the owner shall agree that
the subdivision shall be developed to the design and construction standards of the City of
Kalispell. He has already been through the Kalispell Site Review Committee with the
project for this purpose.
RECOMMENDATION: The City Council should find that the City of Kalispell is capable
and ready to provide all of the necessary municipal services to the Trumbull Creek Crossing
Subdivision, Phase I and should therefore state its intent through this resolution to annex
the subject property into the City of Kalispell upon receiving application therefore from the
owner.
FISCAL EFFECTS: None at this time.
Respectfully submitted,
Char arball, City Attorney
amen H. Patrick, City Manager
RESOLUTION NO, 5201
A RESOLUTION OF INTENT TO PROVIDE FOR THE ALTERATION OF THE
BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN
ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 7
LOCATED IN SECTION 28, TOWNSHIP 29 NORTH, RANGE 21 WEST OF
FLATHEAD COUNTY, MONTANA AND REFERRED TO AS TRUMBULL CREEK
CROSSING SUBDIVISION IN ITS PRELIMINARY PLAT "WITH FLATHEAD
COUNTY, MONTANA.
WHEREAS, the owner of that certain real property located outside Kalispell municipal
boundaries and in Flathead County, Montana and more particularly described as
Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, and
hereafter referred to as "Trumbull Creek Crossing Subdivision," seeks to develop
said property to an urban density and therefore desires the services of a municipal
sewer and community water supply; and
WHEREAS, the City of Kalispell determined that it was in the best interests of the local
environment and the citizens of Kalispell to provide wastewater treatment for the
development and has therefore agreed to allow that portion of the Trumbull Creek
Crossing Subdivision, Phase I to convey its sewage through the Evergreen Sewer
District conveyance system to the Kalispell Municipal Wastewater Treatment
Facility without requiring the Evergreen. Sewer District to assign such sewerage to
its own contractual capacity; and
WHEREAS, in exchange for the City of Kalispell agreeing to provide municipal wastewater
treatment services, the owner of said subdivision has executed a waiver of right to
protest annexation and also agreed to enter into a developers agreement with the
City of Kalispell in which the owner shall agree that the subdivision shall be
developed to the design and construction standards of the City of Kalispell; and
WHEREAS, the City Council finds that the City of Kalispell is capable and ready to provide all
of the necessary municipal services to the Trumbull Creek Crossing Subdivision,
Phase I and should therefore annex the subject property into the City of Kalispell
upon receiving application therefore from the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALISPELL AS FOLLOWS:
SECTION I. That the City of Kalispell shall annex that property known as Trumbull
Creek Crossing, Phase I, and more particularly described as Tract 7
located in Section 28, Township 29 North, Range 21 West, Flathead
County, Montana, which shall be a customer of the City's municipal
wastewater treatment, upon receiving application therefore from the
owner.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 7TH DAY OF MAY, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor