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3. Annexation DistrictsCity of Kalispell Charles A. Harball Office ©f 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 James H. Patrick, City Manager SUBJECT: Annexation Districts MEETING DATE: Monday, May 9, 2005 - Workshop Tel 406.758.7708 Fax 406.758.777 ebarball@kalispell.com BACKGROUND: The Council has, over the past year, discussed the idea of creating annexation districts in those extraterritorial areas in which the City would consider providing sewer and/or water service, but is not immediately prepared to provide the full complement of city services. The annexation district, or the use of an annexation agreement, is used in other states to bridge the gap in time between provision of the initial municipal services and the fully accomplished annexation. This office previously provided Council with an austere set of qualifications regarding the implementation of the Montana annexation district law. The primary reason for the concern is the dearth of supporting statutory structure that may tend to invite, or at least give additional ammunition to the aggrieved landowner wishing to avert a neighbor's project. Further, the expressions of the various council members made it clear that there may have been cross-purposes in the intent to implement the law. will be prepared to discuss with Council the concerns this office has with the use of annexation districts and how those concerns might be addressed to alleviate, or at least reduce, the inherent risks the statute presents. Respectfully mfed, Charles rbll, City Attorney Ja es H. Patrick, City Manager