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1. Resolution 4936 - Kelsey Subdivision Request for Sewer ServiceCharles A. Harball City Attorney Fa s 9 0 SUBJECT: MEETING DATE: City of Kalispell Office of City Attorney 312 First Avenue East P.©, Box 1997 Kalispell, MT 59903-1997 MEMORANDUM Mayor Pamela B. Kennedy and Kalispell City Council Charles Harball, City Attorney Frank Garner, Interim City Manager Tel 4W 758.7708 Fax 406,758,7771 charball@kalispell.corn Resolution 4936 granting Kelsey Subdivision approval to connect to the Evergreen Sewer District Monday, September 20, 2004 — Regular Meeting BACKGROUND; In May of this year, Andrew Farris, owner and developer of Kelsey Subdivision, made a formal request to be allowed to connect his development's sewer system to the Evergreen Sewer District collection system. The Kelsey subdivision is located outside the city limits of Kalispell and outside of the Evergreen Sewer RSID. Pursuant to the Interlocal Agreement between the City and Evergreen, no one outside of the Evergreen RSID may connect to that system without the prior written approval of the City. Recently the City has been considering its policy in this regard and has been attempting to reach some degree of understanding with the Evergreen Sewer District regarding issues of ownership and maintenance of the sewer infrastructure within the new developments. These discussions have been slow in developing and all of these issues have not yet been resolved. Mr. Farris is most recently indicating to Council that he wishes to have a decision one way or another regarding his request. RECOMMENDATION: That Council consider the request of Mr. Farris and give its approval for his connection to the Evergreen Sewer System., with the understanding that it is the position of the City that the sewer infrastructure that is constructed within the development shall be conveyed to the City upon connection to the Evergreen Sewer System. FISCAL EFFECTS: As Council has discussed regarding what policy may be developed regarding future developments of this nature on the perimeter of the Evergreen RSID. Kelsey Subdivision Request for Sewer September 15, 2004 Page - 2 Respectfully submitted, �F Charles Harball, City Attorney Office of City Attorney City of Kalispell Garner, Interim City Manager RESOLUTION NO. 4936 A RESOLUTION REGARDING THE DEVELOPMENT OF KELSEY SUBDIVISION AND PROVISION OF MUNICIPAL SEWER SERVICES THERETO. WHEREAS, Andrew R. Farris, owner of that certain real property located outside municipal boundaries and in Flathead County, Montana and more particularly described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, and hereafter referred to as "Kelsey Subdivision", seeks to develop said property to an urban density and therefore desires the services of a municipal sewer and community water supply; and WHEREAS, it is in the best interests of the 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 Kelsey Subdivision; and WHEREAS, Kelsey Subdivision is located within such proximity to the Evergreen Sewer District that it 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, the City of Kalispell may agree to allow Kelsey Subdivision to convey its sewage through the Evergreen Sewer District conveyance system without requiring the Evergreen Sewer District to assign such sewerage to its own contractual capacity; and WHEREAS, it is in the best interests of the City of Kalispell that if Kelsey Subdivision is allowed to utilize the sewer utilities of the City via the Evergreen Sewer conveyance system, it should construct such sewer infrastructure in compliance with City and Evergreen standards and convey ownership of the development's sewer system to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the City of Kalispell directs the City Manager to provide the necessary written consent to Kelsey Subdivision and the Evergreen Sewer District approving the construction of sewer lines serving the Kelsey Subdivision that will connect to the mains or services of the collection system operated by the Evergreen Sewer District. SECTION II. That the above -described written consent clearly indicate that it is the City's position, based upon its existing lnterlocal Agreement with the Evergreen Sewer District, that ownership of the sewer system that is developed within the Kelsey Subdivision shall, at the time it is connected to the Evergreen District Sewer system, be conveyed to the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF SEPTEMBER, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk