3. Resolution 4825 - Accepting Solid Waste Service for GreenbrierCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
cbarball@kalispell.com
SUBJECT: Request by Greenbrier Subdivision for Solid Waste
Service from the City of Kalispell
MEETING DATE: Monday, August 18, 2003
BACKGROUND: On May 19, 2003 the Council approved the Agreement and
Memorandum of Understanding between the City of Kalispell and Evergreen
Disposal, Inc., regarding the solid waste services within the City. One of the
neighborhoods that began receiving services from Evergreen was the Greenbrier
subdivision that was annexed into the City more than five years ago. We have
recently received petitions from the neighborhood requesting solid waste service
from the City that account for more than 50% of the homeowners within the
neighborhood. Pursuant to MCA § 7-2-4736, Council must now determine whether
it will provide the service to the neighborhood.
RECOMMENDATION: That Council consider agreeing to provide solid waste
services to this neighborhood.
FISCAL EFFECTS: This would have little fiscal effect, as this was a
neighborhood that was already receiving this service from the City prior to July 1,
2003.
Respectfully submitted,
Charles tdrvlal City Attorney
Chris Kukulski, City Manager
RESOLUTION NO.4825
A RESOLUTION ACCEPTING THE PETITION REQUEST OF THE GREENBRIER
SUBDIVISION FOR KALISPELL CITY SOLID WASTE SERVICE.
WHEREAS, the City of Kalispell and Evergreen Disposal, Inc. entered into an agreement by
Memorandum of Understanding dated May 19, 2003 in which certain annexed
neighborhoods within the City would receive solid waste service from Evergreen
Disposal, Inc. until such time that pursuant to the terms of MCA § 7-2-4736, the
annexed neighborhood, by petition, chose to request solid waste service from the
City; and
WHEREAS, the Greenbrier subdivision is a neighborhood annexed into the City of Kalispell
more than five years ago and which, pursuant to the terms of the above -mentioned
agreement, is currently served by Evergreen Disposal, Inc., and which has now
submitted petitions, representing more than 50% of the homeowners, requesting
solid waste service from the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell, having received petitions requesting solid waste
service from more than fifty percent of the homeowners of the Greenbrier
subdivision, as described by the plat thereof on record with the Clerk and
Recorder for Flathead County, Montana, hereby agrees, pursuant to the terms
of MCA § 7-2-4736, to provide solid waste service to said annexed
subdivision beginning on the 1st day of October, 2003.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 18" DAY OF AUGUST 2003.
Pamela B. Kennedy
Mayor
RVO�►79
Theresa White
City Clerk