Loading...
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 r.rnnc+�.+�{fn rrn ac nr4. csniarar4 nn fkw rninritr..c of tea 1"4- i`rninn:[ n 4 f7Ip —'A 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