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01. Resolution 4928 - Evergreen District Sewer LinesCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P,©. Box 1997 Kalispell, MT 59903-1997 TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Frank Garner, Interim City Manager Tel 406.758.7708 Fax 406.758.7771 charball ,kalispell.com SUBJECT: Resolution 4928 — Resolution to Set Policy for the Extension of Sewer Services Outside the City MEETING DATE: Monday, November 1, 2004 — Regular Meeting BACKGROUND: This matter was tabled to the November 1, 2004 regular meeting to allow the Council to have a workshop to more fully discuss the matter with one another and with staff. On October 25, 2004, Council did meet in a workshop and gave the matter thorough consideration.. Council discussed and generally seemed in agreement that its current policy regarding the extension of services outside the City, and not involving the utilization of the Evergreen Sewer System, is sufficient. Although some Council members seemed inclined to want to solve the demand for sewer service to that area on the perimeter of the Evergreen Sewer System, Council seemed in general agreement that the City would provide its approval to a request for connections to Evergreen upon a showing that, like the Kelsey Subdivision, the subdivision is partly in and partly outside the Evergreen Sewer RSID. Staff was directed to continue to explore the possibilities of addressing this issue. RECOMMENDATION: Council should consider tabling this Resolution indefinitely and to take such matter off the table when Council determines that a change to its current policy will be beneficial to the City. FISCAL EFFECTS: As previously discussed. Respectfully s itto>;- Charles Harball, City Attorney f Frank Garner, Interim City Manager RESOLUTION NO.4928 A RESOLUTION EXPRESSING THE POLICY OF THE CITY OF KALISPELL TO ALLOW THE EXTENSION OF SEWER LINES TO THE EVERGREEN SEWER SYSTEM FOR CONVEYANCE THROUGH EVERGREEN AND TREATMENT BY THE CITY OF KALISPELL. WHEREAS, it is in the best interests of Flathead County and the City of Kalispell and their citizens, that water quality of the shared aquifer be protected by the connection to and utilization of a municipal sewer by development of property around the perimeter of the Evergreen Sewer RSID; and WHEREAS, these potential developments are located within such proximity to the Evergreen Sewer District that they may be serves[ by the Evergreen Sewer District which is a customer of the City of Kalispell municipal sewer system and contractually provided with an allotment of sewer capacity and which conveys its sewerage to the City of Kalispell municipal sewer system; and; WHEREAS, it is in the best interests of the City of Kalispell to agree to allow these potential developments to convey their sewage through the Evergreen Sewer District conveyance system without requiring the Evergreen Sewer District to assign such sewerage to its own contractual capacity only if the City of Kalispell maintains ownership of the newly developed sewer lines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION L The City of Kalispell will enter into an agreement with the Evergreen Sewer District to allow new developments on the perimeter of the Evergreen RSID to convey their sewage through the Evergreen Sewer District conveyance system without requiring the Evergreen Sewer District to assign such sewerage to its own contractual capacity only if the City of Kalispell maintains ownership of the newly developed sewer lines. SECTION II. -The City of Kalispell will endeavor to enter into an agreement with the Evergreen Sewer District that responds appropriately to all concerns of the Evergreen Sewer District regarding quality control and maintenance. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk