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2. Interlocal Agreement - Evergreen Sewer & WaterCity 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 Harb all, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: Interlocal Agreement Between the City and Evergreen Sewer and Water MEETING DATE: Monday, October 22, 2007 -- Council Work Session BACKGROUND: The City Manager has been negotiating with Evergreen Sewer and Water regarding the sewer services to be provided to Trumbull Creek Crossing, Phase I Subdivision and other properties seeking to be served outside of the City but along the boundaries of the Evergreen RSID. Drafts of an agreement have been exchanged between the parties and it is apparent that the parties are close to signing a final agreement. The Evergreen. Board is meeting in special session on Friday, October 19, 2007 to discuss the issue. By the time that the Council Work Session meets on Monday, a final draft should be available for discussion. Of issues that are critical to Council, it appears that the District may now be in agreement with the City that the homes and businesses in these areas shall be customers of the City and further that the lines shall be owned and maintained by the District until such time as the City chooses to divert the sewage to its treatment plant by conveyance other than Evergreen. Evergreen shall bill the City for its usage of Evergreen lines. Evergreen shall be providing a fee schedule to the City for its review and approval. Respectfully submitted, Char s City Attorney gmes H. Patrick, City Manager