01. Resolution 5049 - Annexation - Leisure DriveCity of Kalispell
Charles A. Harall Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela .ela . . Kennedy
and Kalispell City Council
FROM: Charles Harha 1, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5049 — .Annexation of Leisure Drive
MEETING DATE: Tuesday, September 6, 2005 Regular Meeting
BACKGROUND: A number of months ago the City annexed a portion of property
to the east of Willow Glen and adjacent to Leisure Drive. .At that time, Leisure
Drive was an unimproved County Road. Flathead County has since deeded the
road to the City and the developer brought the road up to City standards. It is now
the time to annex the road into the City. The Resolution of Intent was previously
adopted and the City has given all of the necessary notices.
RECOMMENDATION: That City Council consider and pass Resolution No. 5049
and annex Leisure Drive into the City of Kalispell.
FISCAL EFFECTS: The City will now assume the maintenance costs of this road..
Respectfully submitted,
Char es r City Attorney awes H. atrIck, City manager
RESOLUTION No. 5049
A. RESOLUTION To PROVIDE FOR THE ALTERATION OF THE BOUNDARIES of
THE CITY of KALISP LL BY INCLUDING THEREIN, AS AN ANNEXATION, A
CERTAIN ROADWAY CONTAINING PLATTED TRACTS of LAND, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "9 To BE DESIGNATED AS LEISURE
DRIVE ADDITION No. 369, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on July 18, 2005, the City Council passed .resolution No. 5031 declaring an intention
to annex contiguous platted tracts of land, which are more particularly described in
Exhibit "A", attached hereto and thereby made a part hereof, pursuant to the
provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of
Contiguous Government Land); and
WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by
publishing such notice on August 18 and august 2, 2005, as provided in MCA. 7- l
17; and
WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the
City Council for Council consideration, zero "Protest Disapproval" letters
regarding the proposed extension of the boundaries of said City, and
WHEREAS, on November 6th, 1995, the City Council adopted, pursuant to Section 7-2-30�
MCA, an Extension of Services flan which anticipates development of City services
for approximately five years in the future, and
WHEREAS, said "Extension of Services Plan' provides for financing the municipal services and
maintenance of existing services by utilizing ids allocated and expended pursuant
to the annual City budget without incu.rr ng additional bonded indebtedness, and
WHEREAS, said real property described in Exhibit "A" is included within and conforms with the
Kalispell Growth Policy 2020.
NOW1 THEREFOREI BE IT RESOLVED Y THE CITY COUNCEL OF THE CITY OF
KALISP L , AS FOLLOWS
SECTION 1, That all of the real property as is more particularly described in
Exhibit "A", attached hereto, shall be annexed to the City of Kalispell
and the boundaries of the City are altered to so provide.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
o make and certify, under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clergy., or on the effective date hereof, whichever shall occur
later, said annexed teffitory is part of the City of Kalispell and said
territory and its citizens and property shall be to all debts, laves 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 111, The territory annexed by this Resolution shall be zoned pursuant to,,
and in accordance with, the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall become effective immediately upon passage b
the City Council.
PASSED AND APPROVED BY THECITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF S P B IBER, 2005,
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Leisure Drive
Pamela B. Kennedy
Mayor
That portion of Leisure Drive in the Northwest 1 4 of the Northwest 1 in Section 21, Township
28 North, Range 21 West, Principal Meridian, Montana, as shown on the Plat of Leisure Heights
No. I I File No. -12 recorded in the records of Flathead County Clergy. and Recorder office o
1 25 2.004 under reception number 2004-3 -1 ,