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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 ................................ 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