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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