Ordinance 931 - Annexation - Brady65
ORDINANCE NO. 931
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 BRADY ADDITION NO. 103.
WITNESSETH:
WHEREAS, by petition of William E. Brady, Burnetta E. Brady,
Willis E. Peterson, Jeanette Peterson, and Flathead County, resident
'freeholders 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 March 15, 1979, 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 June 18, 1979, adopt Resolution No. 3246 to consider the annexa-
tion of said realty, to be known as Brady Addition No. 103; 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
pursuant to said notice at its regula
and, at such public hearing, the City
of the report made and filed as requi
and hearing all evidence presented on
all standards for annexation, set out
were met and duly considered; and
duly held by the City Council
r meeting on August 8, 1979;
Council, after consideration
red by Section 7-2-4731, M.C.A.,
said petition, did find that
in Section 7-2-4734, M.C.A.,
IWHEREAS, 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 7-2-4731, M.C.A.;
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, pursuant to Section 6.17(A), of the City of Kalispell
Zoning ordinance, as adopted November 30, 1977, the proper zoning
district classification to be applied to such annexed territory
is Residential R-4 District.
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 8th day of August,
1979, 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. 3246, 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
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property shall be subject to all debts, laws, ordinances and re-
gulations 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
Residential R-4 District under the City of Kalispell Zoning Or-
dinance as adopted November 30, 1977.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL ,
AND APPROVED BY THE MAYOR THIS 2-0 DAY OF 9 1979.
Norma E. Happ, Mayor
ATTEST:
Marjor'e Giermann, City Clerk
STATE OF MONTANA, ss
County of -Flathead
Filed for record at the request of
this. 7L day of__r__
PAGE Records of Flathead
Fee
RECEPTION NO. / 9 % Y'
RETURN TO
it_/ o'clock P M and recorded in VOL. _&LK-5�
State of Montana. ,
Flathead County Clerk and Recorder
✓✓ ✓ Deputy
I, Marjorie Giermann City Clerk of the City of Kalispell, Montana, do certify that on
the ZJ day of_�� e e 19 10 , I posted a copy of the foregoing ordinance in
my office, and the same remained posted for a period of five days, and the foregoing is '
a true and correct cop of the ordinance as passed by the City Council.
_ AD ,N= �
City Clem of the City of Kzlispell, Montana
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