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09. Resolution 5031 - Resolution of Intention & Call for PH - Leisure Drive AnnexationCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Sox 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 406.758.7771 eharball@kalispell. corn SUBJECT: Resolution No. 5031— Notice of Intent to Annex Leisure Drive MEETING DATE: Monday, July 18, 2005 — Regular Meeting BACKGROUND: The City previously annexed property to the east of Willow Glen and approved the Leisure Heights Subdivision. At that time, Leisure Drive was a County owned gravel road serving that property. The County has since deeded the property to the City and the developer has brought the road up to City standards with paving, curbs and gutters. It is appropriate at this time to accept and annex the roadway into the City. RECOMMENDATION: That Council issue a resolution of intent to annex Leisure Drive into the City and call for a public hearing as required by statute. FISCAL EFFECTS: None at this time. Respectfully submitted, Charles Harball, City Attorney es H. Patrick, City Manager RESOLUTION NO.5031 A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A. (ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING A ROADWAY CONTAINING PLATTED TRACTS OF LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING. WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, that the contiguous roadway containing platted tracts of land encompassed in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell would be extended so as to include the same within the corporate limits of the City; and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of Contiguous Government Land); and WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which anticipated development of City services (including the annexation of roadways) approximately five years in the future, said Plan being amended on the 1 st day of March, 1999, and WHEREAS, the Kalispell City Council shall on the 6th day of September, 2005, hold a Public Hearing, pursuant to MCA 7-2-406, to hear all persons and things relative to the proposed annexation of the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION L That it is the intention of the City of Kalispell that certain territory described in Exhibit "A", be embraced within the corporate limits of the City and the boundaries of the City be so extended so as to include the same. SECTION 11. That it is further the intention of the City of Kalispell that said property described in Exhibit "A" be zoned in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended. SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, proper notice of this Resolution of Intention at least once a week for two successive weeks. SECTION IV. For a period of twenty days after the first publication of said notice by the City Clerk, said City Clerk will receive expressions in writing of the approval or disapproval of the proposed extension of the boundaries of said City of Kalispell. SECTION V. At the September 6, 2005 meeting of the City Council of the City of Kalispell, the City Clerk shall forward all written communication received by said Clerk for Council's consideration. SECTION VI. The City Council, after considering all written communication, may adopt a resolution approving the annexation and the boundaries of the City shall thereby be extended to include the property described in Exhibit "A". PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 18TH DAY OF JULY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Leisure Drive That portion of Leisure Drive in the Northwest 1/4 of the Northwest 1/4 in Section 21, Township 28 North, Range 21 West, Principal Meridian, Montana, as shown on the Plat of Leisure Heights No. 1, File No. 2-12 recorded in the records of Flathead County Clerk and Recorder office on 10/25/2004 under reception number 2004-309-15450. CITY OF KALISPELL NOTICE NOTICE IS HEREBY GIVEN that the City Council on the 18th of July, 2005, passed Resolution No. 5031 declaring an intention to annex certain real property comprising property which is more particularly described as Leisure Drive. Said Resolution No. 5031 declares that it is in the best interest of the City of Kalispell and the inhabitants thereof that said property be considered for annexation. NOTICE is further given that for a period of twenty (20) days after August 18, 2005, that date being the first day of publication of this Notice in the Daily Inter Lake, the City Clerk will receive expressions in writing of approval or disapproval of the proposed annexation from the registered voters and property owners residing in the area proposed to be annexed. Annexation of the property described above shall proceed under Title 7, Chapter 2, Part 44 Montana Code Annotated. The City Council shall on the 6th day of September, 2005 consider all communication received by the City Clerk pursuant to this Notice. After considering the same, the Council may duly and regularly pass and adopt a Resolution approving the annexation and the boundaries of the City must be extended to include said platted tracts of land for which certificates of survey have been filed, as described above. The time when the said. Resolution shall go into effect shall be fixed by said Resolution. Theresa White City Clerk Publish: August 18, 2005 August 25, 2005