01. Resolution 5054 - Annexation Clarification - Old School StationCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 4W758.7771
charball@kalispell.com
kalispell.com
SUBJECT: Resolution 5054 — A Resolution to Make the Effective
Date of Annexation of Old School Station Addition August
15, 2005
MEETING DATE: Monday, August 1, 2005 — Regular Meeting
BACKGROUND: In June 2005, City Council resolved to annex that property
known as Old School Station Addition by Resolution 5018. Based upon certain
concerns expressed by members of council, and after extensive consultation with its
investors, the property owner is requesting that the effective date of the annexation
be August 15, 2005,
RECOMMENDATION: That Council approve the restatement of the effective date
to August 15, 2005.
FISCAL EFFECTS: As this is a request of the landowner, no adverse fiscal effects
are anticipated.
Respectfully submitted,
Charles Harball, City Attorney Jies H. Patrick, City Manager
RESOLUTION NO. 5054
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY
OF .KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, THE REAL PROPERTY
DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY ##16337 IN THE SW 114 OF SECTION
33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO
BE KNOWN AS OLD SCHOOL STATION ADDITION NO. 364; AND TO DECLARE AN
EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Montana Venture Partners, LLC, the owners of
the property described above, requesting that the City of Kalispell annex the territory into the
City and the City thereby resolved to annex said property on :tune 6, 2005 by Resolution
5018; and
WHEREAS, Montana Venture Partners, LLC, the owners of the property described above, are now
requesting that the annexation become effective on. August 15, 2005, and
WHEREAS, the area shall be included within and shall conform to the Kalispell Growth Policy 2020, 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 I. That all the real property as is more particularly described above shall be
annexed to the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as Old School Station Addition No. 364.
SECTION II. 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
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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 become effective on the 15`h day of August, 2005.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS I" DAY OF AUGUST, 2005,
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor