2. Table Resolution 4928 to October 18, 2004 - Evergreen District Sewer LinesCity 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
Prank Garner, Interim City Manager
Tel 406.758.7708
Fax 406.758.7771
charball a kalispelixorn
SUBJECT: Resolution 4928 — Evergreen District Sewer Lines
MEETING DATE: Monday, October 4, 2004 — Regular Meeting
BACKGROUND: Resolution 4928 regarding the policy of the City of Kalispell to
give its consent to out of RS1D sewer hookups to the Evergreen Sewer System was
tabled on September 20, 2004 to the first regular meeting in October. The purpose
of tabling the resolution was to allow Council the opportunity to meet with the
Evergreen Sewer District Board prior to setting City policy in this matter. On
September 29th the Council did meet and discuss issues with the Evergreen Sewer
District Board in a joint public meeting. Council has not yet had the opportunity to
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meet and discuss the matters with each other or City staff since the public meeting.
Most individual council members have indicated that they would like to have the
discussion prior to setting the matter on for a vote on the policy.
RECOMMENDATION: Council should consider tabling this matter as a part of
the consent agenda. The matter is scheduled for a workshop immediately following
the regular meeting on October 4 so that council members and staff' can discuss the
matter more fully. At the workshop the council members can advise the City
Manager when to place it back on the agenda.
FISCAL EFFECTS: None at this time.
Respectfully submitted,
..
a
Charles Harball, City Attorney
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 served 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 I. 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