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