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Ordinance 882 - Annexation - BertschiNO. 882 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 "BERTSCHI ADDITION TO KALISPELL, ADDITION NO. 75". WITNESSETH: WHEREAS, by petition of Loren D. Bertschi and Mary Lee Bertschi, resident freeholders of more than 51% of the certain real property situated outside the boundary of the City of Kalis- pell, but contiguous thereto, the City of Kalispell was, on March 9, 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 August 3, 1977, adopt Resolution No. 3132 to consider the annexation of said realty, to be known as "Bertschi Addition to Kalispell, Addition No. 75"; 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 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., 1947, 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., 194.7, 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. 5 Bu'siness 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 September, 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. 3132, 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 ptro eelding a are enterz� on the minutes of the City, and forthwi h sdocument wi r 494 $'0Uc; 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 f th C't o e i y. ' 4. All of said realty so annexed to the City shall be a No. 5 Business Residence District under the Kalispell Zoning Ordinance. PASSED APPROVED 0 THE CITY C CIL OF THE CITY OF KALISPELL AND MAYOR T S 19TA day of SEPTEMBER , 1977. I, George BeardslZCitycertify the foregpassed by the Citday of September STATE OF MONTANA, County of Flathead Filed for rec rd at the r G this 3 ay of ----_- PAGE ---I Z - - - Fee $_ _ NO. RETURN /_4' Norma E. Happ, Mayor the City of e copy of Ord City of Kali e Nol 882 19th a `2 I9 Lf1 at/_L o'clock I and recorded in VOL --------- Fz_J.'L _.- of Flathead County, State of Montana. 4_? Flathead C t Jerk and ecordGr -- Deputy=- ----------- -------- ------- ------------ J