Extraterritorial Planning JurisdictionCity 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
Tel 406.758.7708
Fax 406.758.7771
charbal l @kalispell. com
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Proposal for Extraterritorial Planning Jurisdiction on the
Perimeter of Flathead County Water and Sewer District
#1 - Evergreen
MEETING DATE: Workshop - Monday, December 29, 2003
BACKGROUND: For years, concerns have been expressed about the impact of
development on the vulnerable aquifer underlying the Evergreen area. For this
very reason the Flathead County Water and Sewer District #1 — Evergreen
[Evergreen District] was established more than a decade ago to collect sewage and
transmit it to the Kalispell municipal wastewater facility for treatment.
More recently, the dialogue has been focused on development that is
occurring on the outer perimeters of the Evergreen District and outside the City of
Kalispell. Pursuant to its interlocal agreement with the City, Evergreen District is
not allowed to provide a connecting sewer service to properties outside its RSID
boundaries without the City's approval and agreement that such connections would
not be accounted within Evergreen's allocation. The City, pursuant to its
annexation policy will not allow a connection to its sewer utility, either directly or
through the Evergreen conveyance system, unless that property owner agrees to
annex to the City and such property is contiguous to the City. Because of these
constraints, properties are being developed on the perimeter of the Evergreen
District on private on -site septic drain fields or on private community systems. It is
the consensus of the County, the City and Evergreen District that this proliferation
of septic systems is increasing the risk to aquifer.
On December 18, 2003, the Board of Directors of Evergreen District passed a
resolution recommending to the Flathead County Commissioners that they consider
creating an extraterritorial planning jurisdiction on the perimeter of the Evergreen
District for the City of Kalispell. [See attached Exhibit "A"] The resolution goes on
to state, "The City of Kalispell will authorize and consent to any property within the
Evergreen District Memorandum
December 23, 2003
Page - 2
area described on Exhibit "A" to connect to the District's Sewer System, by utilizing
the City of Kalispell's capacity and not the District's presently established allocated
capacity, with such conditions to the connections to the District's Sewer System,
pursuant to the agreement between the City of Kalispell and the Flathead County
Commissioners."
The Evergreen District Board presented this resolution to the Commissioners
on December 22nd. After the hearing, the Commissioners determined that they
would consider further action on Evergreen's recommendations after the City of
Kalispell considered the terms of the resolution and responded by resolution to the
County Commissioners.
RECOMMENDATION: That Council discuss the options presented to it by
Evergreen's resolution and to consider its current annexation policy. Based upon
Council's discussion, staff will prepare a resolution for consideration at the next
regularly scheduled meeting.
FISCAL EFFECTS: The fiscal effects will vary depending upon which option
Council ultimately determines to pursue.
Respectfully submitted,
Charles ; City Attorney
'L $ �
Chris Kukulski, City Manager
Office of City Attorney
City of Kalispell
RESOLUTION 2003-04
WHEREAS, Flathead County Water & Sewer District ##1 - Evergreen, hereinafter referred to as
"District", is party to an Interlocal Agreement with the City of Kalispell, hereinafter "Interlocal Agreement", for
the treatment of sewage it collects within the Boundary of RSID #132; and,
WHEREAS, by express terms of the Interlocal Agreement, the area served by the District's sewage
collection system is limited in both treatment quantities and geographical boundaries as set forth in the
Interlocal Agreement; and,
WHEREAS, the allocated treatment capacity is presently being used or is otherwise committed; and,
WHEREAS, the development of land taking place outside the boundaries of the Interlocal Agreement
presents a health concern by being connected to either private on -site septic drain fields or private community
systems, and,
WHEREAS, the City of Kalispell has heretofore refused to authorize the District to connect the
properties developing outside the boundaries of the Interlocal Agreement to the District's Sewer System; and,
WHEREAS, it is a violation of the Interlocal Agreement for the District to connect properties outside
the boundaries of the Interlocal Agreement to the District's Sewer System without the consent of the City of
Kalispell.
WHEREAS, the area shown on Exhibit "A" is the overlapping service area for the City of Kalispell and
the District in providing water and sewer service.
WHEREFORE, BE IT RESOLVED, that: The District will not object to the City of Kalispell designating
that area shown on the attached Exhibit "A", and by this reference incorporated herein, as the
Kalispell/Evergreen Utility Service Area and the Kalispell Planning Jurisdictional Area, on the condition and
expressly provided that the Flathead County Commissioners in its authorization for the City of Kalispell to
designate that area shown on Exhibit "A" as the City of Kalispell Planning Jurisdictional Area, that:
The City -of Kalispell will authorize and consent to any property within the area described in Exhibit "A"
attached hereto, to connect to the District's Sewer System, by utilizing the City of Kalispell's capacity and not
the District's presently established allocated capacity, with such conditions to the connections to the District's
Sewer System, pursuant to the agreement between the City of Kalispell and the Flathead County
Commissioners.
This Resolution dated this 18th day of December, 2003, was adopted by a majority vote of the Board
of Directors of Flathead County Water & Sewer District #1 - Evergreen.
FLATHEAD COUNTY WATER & SEWER DISTRICT#1 -
EVERGREEN
BOARD OF DIRECTORS
By:
President
Stan Clothier
7-2-4625. Annexation. district. An incorporated city or town may create an annexation district
outside of the city or town. Territory may be included in an annexation district only upon an
agreement between the city or town and the owner of the property included in a district. The
agreement may specify the duration of the district, which may not exceed 10 years. A city or
town may provide the services specified in the agreement between the city or town and the
property owner to the property in the district. The city or town may impose a tax levy or a fee on
the owner of the property within the annexation district based upon the difference between the
municipal levy or fee and the nonmunicipal levy or fee. By the end of the period specified in the
agreement, the levy or fee must be the full amount that a resident of the city or town would pay in
the year that the property is annexed. Unless the agreement provides otherwise, the property in
the district is annexed after the period specified in the agreement, and the district is dissolved. A
delinquency in a payment by the owner of property in the annexation district is collectible in the
same manner that other delinquent taxes or fees are collectible.
History:
En. Sec. 1, Ch. 324, L. 2001.
Compiler's Comments:
Effective Date:
This section is effective October 1, 2001.
PROPOSED CITY PANNING AREA BOUNDARY
12/22/03
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