3. Resolution 5105 - Evergreen Sewer and Water Connection - Bernard's Park SubdivisionA RESOLUTION REGARDING THE PROVISION of MUNICIPAL SEWER
SERVICES TO o S 3 AND PORTIONS of LOTS 4,5 AND 6 of BERNARWS PARK
WHEREAS, Gerard Gilbert owner of that certain real property located outside municipal
boundaries and in Flathead County, Montana and more particularly described as
Lots 3 and portions s of Lots 4, 5 and 6 of Bernard's Park subdivision, according to
the map or plat thereof of record in the Office of the Clergy. and Recorder, Flathead
County, Montana, and hereafter referred to as "'Bernard's Park", seeks to develop
said property to an urban density and therefore desires the services of a municipal
sewer; and
WHEREAS, pursuant to the terms of the i terlocal agreement between the City of Kalispell
and the Flathead County Sewer District No. 1, Gerard Gilbert has rude his
request to the City of Kalispell for permission to connect Bernard's Park to the
Evergreen sewer conveyance system; and
WHEREAS", emard's Park is located wholly outside the city limits of Kalispell and wholly
outside the Evergreen Sever RSID boundariesbut within such proximity to the
Evergreen sewer conveyance lines that it may be feasibly served by the Evergreen
sever conveyance system; and
WHEREAS, by Resolution No. 5103 the City established an interim policy approving the
usage of the Evergreen sever conveyance lines for properties outlying the
Evergreen RSID, such as Bernard's, so long as such usage does not increase the
total daily flow used by all such properties to more than. 1.50,000 gallons.
NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
KALISPELL AS FOLLOWS
SECTION I. The Kalispell City Manager is authorized to give the City's permission to
Bernard's Park to connect to the Evergreen Sever District so long as the
o lowing conditions are met:
. The sever gallon flow requirements of the subdivision must not
increase the total daily flow through. the Evergreen sever conveyance
system used by all properties outlying the Evergreen RSID to more that
150,000 gallons per day; and
. The landowner must agree to construct the sever infrastructure i
compliance with City and Evergreen standards and with necessary stub --
out facilities to meet future connection requirements-, ents-, and
The landowner must execute waivers of right to protest annexation
for all parcels; and
. The landowner must enter into a developer's agreement with the
City of Kalispell in which the parties agree that the subdivision shall be
developed to City of Kalispell Urban Construction and Design Standards,
and to Further agree, if required by the City Council, to enter into an
annexation district agreement;
. City of Kalispell and. Evergreen must enter into an agreement
stipulating that in the evert that the City of Kalispell ever serves the
subdivision with a separate sever conveyance system, thereby severing
from the Evergreen sewer conveyance system, the ownership of lines
within the subdivision shall be conveyed to the City of Kalispell.
PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE CITY of KALISPELL,, THIS 2 ' AY of MARCH 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
.dater &Sewer 1)istrlct
130 Nicholson Drive a Kalispell, MT 59901
Phone: -5861 arc: 5 -
April 7, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. -fox 1997
Kalispell, MT 59903-1997
Re: Lot 3 and a portion of Lots 4, 5, and. 6 of Bernard's Park Subdivision
Dear Mr. Patrick:
This letter acknowledges receipt of a copy of your letter, dated March. 2 , 2005, to .fir. Steve
Middleswortb. (copy attached.).
The subject property i.s located outside the boundaries of the Interlocal Agreement, which coincides with
the boundary of Flathead County RSID #132. Flathead County water & Sewer District 41 �. ver ree
.strict is prohibited, under the Iteriocai Agreement with the C11y o Kalispell, from using its
reserved treatment capacity, for property outside of the RSID boundary.
Historically, by agreement with the City of Kalispell, the properties erties located o .ts1 e the boundaries of the
Into local Agreement that are presently served by the Distriet's sewer service are not considered part o
the treatment capacity reserved to the I istr'ct, but rather under the general reserve capacity of the City
o Kal.is eii.
The District is aware of the concerns of the City and its Council that it is not acceptable to continue
allowing the District to serve properties outslde the boundaries of the Interiocai Agreement customers
of the District, but using the City of Kalis ell's reserved ca ac.1ty.
In the interest of general health co.nsIderations, the District is prepared to serve properties outside the
nterlocal Agreement/RSID boundary, by express agreement with the City of Kalispell that the property
served would be under a ditto .ai treatment capacity granted to the I istrIct by the City of Kalispell.
trust if you .have any questions, you vi.li not hesitate to give .tee a call.
Sincerely',
.- j
Robes Struck
t str . t Mara &
RSt s
cc: Steve 1i.dleswort.
- ": �� ,� r,-,,.✓ ate• +e":.:<
C1,0ty of Kalispell
x.<...=>m:.,v... - Fax -
$ ���t ffi�
March 24, 2005
Mr. Steve Middesworth
NoDoubt LandCompany/Gerald Gilt
o Box 10962
1075 N. Median R
Kalispell, MT 59904
RE: Lot 3 and a portion of Lots 4, 5, and 6 marXs Park Subdivision
Dear Mr. Middlesworth,
We have reviewed your request to allow Evergreen Water and Sewer District to serve these lots
using Evergreen sewer capacity and hereby approve your request.
If I can be of farther assistance, please donot hesitate to contact me.
Sincerely,
amen H. Patrick
City Manager
cc.: Evergreen Sewer and Water District
2/25/05
o; Jim ��._ ��� M�', City KA pe l..
.from: Stove Milvor — Noat Lana Company/Gerald Gilbert
RE: Lot 3 an a.portion of Lots 4, 5 .and. 6.Bemard's Park.subdivision
Gerald Gilberts a client of mine and is an absentee over of the above mentioned property. This property
is an island in the Evergreen Water and Sewer District. (See attached map).
In a recent conversation with Evergreen. Sewer and Water, Mr. Gilbert was told they would be willing t
extend service to these lots, using their capacity. However; they say they needed authorization from the
City of Kajivefl- to. do so..
Therefore, consider this a fonnal request for such a tho zati .
-needs to be -an -agenda. item for the. city cauucil,.:please.. tet me. know..and... i. appear on -Mr.
Gilbert"Gilbert"s behalf
You. c= rind to us zs Mows:
Steve Middlesworth, Broker
NoDoubt Land Company
-PD. - Box 10962
Kalispell, MT 59904
Cell phone-f4-06) 253-8886
Graff Gilbert
29505 Dream Way
uso.. MT 59846.
Phone
Sincerely,
3
t f
Steve Miieswort.
`N'��` DDT
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Edian Road
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