Ordinance 880 - Annexation - Park View Terrace478
ORDINANCE NO. 88D
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REALTY TO BE KNOWN AS LOTS 33, 34, 35, 36, 37, 38, 39, '
40, 41, 42, 43 and 44, PARK VIEW TERRACE ADDITION NO. 1, ADDITION
NO. 85 TO KALISPELL.
WITNESSETH:
WHEREAS, by petition of the Bank of Columbia Falls,
freeholder of more than 51% of the certain real property situated
outside the boundary of the City of Kalispell, but contiguous
thereto, the City of Kalispell was, on February 28, 1977,
requested to adopt a Resolution of Intention to consider
annexation of said realty to the City of Kalispell; said
realty being more particularly described in Exhibit "A"
attached hereto which, by this reference, is made a part
hereof; and
WHEREAS, the City Council in response to said petition
did, on May 2, 1977, adopt Resolution No. 31" to consider
the annexation of said realty, to be known as "Lots 33, 34, 35,
36, 37, 38, 39, 40, 41, 42, 43 and 44, Park View Terrace Addition
No. 1, Addition No. 85 to Kalispell"; and, pursuant thereto,
the City Council did set a public hearing to be held on said
petition, and due and proper notice of said public hearing
was given by the City Clerk; and
WHEREAS, said public hearing was duly held by the City
Council pursuant to said notice at its regular meeting on June
6, 1977 and at a postponed continuation thereof on September 6,
1977; and, at such public hearing, the City Council, after
consideration of the report made and filed as required by
Section 11-518, R.C.M., 1947, as amended, and hearing all
evidence presented on said petition, did find that all
standards for annexation, set out in Section 11-519, R.C.M.,
1.947, as amended, were met and duly considered; and
WHEREAS, the City does intend to provide all services
to said realty being annexed as are set forth in the report
made to and filed with the City Clerk as required.by Section
11-518, R.C.M., 1947, as amended; and
WHEREAS, the effective date of said annexation should
be the date that the City Clerk does, pursuant to order of
the Council, file with the Flathead County Clerk and Recorder,
a copy of the record as entered on the minutes of the council
of these proceedings; and
WHEREAS, said premises to be annexed to the City does
adjoin and abut a portion of the City classified as a No. 1
Residence District under the Kalispell City Zoning Ordinance,
and no reason has been shown pursuant to said zoning ordinance
that said property to be annexed should take any other or
lesser classification.
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property as is more particularly described
in.Exhibit "A" attached hereto, shall be annexed to the City
of Kalispell and the boundary of. the City is altered to so
provide; and
2. If, within twenty (20) days of the 6th day of Sept-
ember, 1977, said date being the date of the public hearing
held by the City Council on the Petition to Annex and as a
result of Resolution No. 3-144 , there are not received by
the City Clerk expressions of.disapproval of this annexation
made in writing by a majority of the resident freeholders of
said area to be annexed, the City Clerk is directed to then
make and certify, under the seal of the City, a copy of the
record of these proceedings as are entered on the minutes of
the City, and forthwith file said document with the Flathead
County Clerk and Recorder; and
3. From and after the date of said filing of said
document as prepared by the City Clerk, said annexed territory
is a part of the City of Kalispell and said territory and
its citizens and property shall be subject to all debts,
laws, ordinances and regulations in force in the City of
Kalispell and shall be entitled to the same privileges and
benefits as are other parts of the City.
4. All of said realty so annexed to the City shall be
a No. 1 Residence 6istrict undo th Kalispell Zoning Ordinance.
PASSED BY HE CITY COjJNCIL O THE CITY OF KALISPELL AND
Aid ROVED BY T. MAYOR T ) 6th d<iy of September, 1977.
1/ 1J l /
Norm E. Happ, Mayor
ATTE <1L
I, George Beardslee City Clerk of the City of Kalispell, Montana, do certify that on
the la day of , 19 �, I posted a copy of the foregoing ordinance
In my office, and the s e remained posted for a period of five days, and the foregoing
is a true and correct copy of the ordinance as passed by the City Council.
i9
CityyClerK'pr cne airy or naiispeii, grjonrana
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eotK 648 PAEL897
" EXHIBIT A "
Lots 33 through 44 Park View Terrace -Addition No. 1, Flathead
County, Kontana.
STATE OF MONTANA, 1
County of Flathead Jr gs
Filed for record at the request of
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of FilatheadEcoi
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RECEPTION NO.
eo�o'clock Y' A and recorded in VOL..___�_ _
,b't�lte of Montana.
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athead County Clerk:a3uy Recorder
Deputy
I I
1, George ? eardslee,
Cj t:'y Clerk of the City
of Kalispell, .'.ontan:i, do rc tify nat c,?
01 To ('Iny of.
'tho
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d posted a col.-,- aP th-2 "-,xdinence
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s,r, rF1=+ d ,eri post:tid
for a period offiv drtr;, and tlae fareEoin•;
+,: a true e.iid correct:
eoo,✓ r;° tote ordinance
as pry!^^d hj thce city Votinci.l.