Ordinance 932 - Annexation - Warner67
ORDINANCE NO. 932
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 WARNER ADDITION NO. 105.
WITNESSETH:
1 WHEREAS, by petition of Evert J. Warner, Velma Warner, and
Flathead County, resident freeholders of more than 51% of the cer-
tain 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. 3247 to consider the annexa-
tion of said realty, to be known as Warner Addition No. 105; 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 August 8, 1979;
and, at such public hearing, the City Council, after consideration
of the report made and filed as required by Section 7-2-4731, M.C.A.,
and hearing all evidence presented on said petition, did find that
all standards for annexation, set out in Section 7-2-4734, M.C.A.,
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 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. 3247, 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
-1-
the City of Kalispell and said territory and its citizens and
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
Ordinance as adopted November 30, 1977.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND APPROVED BY THE MAYOR THIS 20 DAY OF August , 1979. '
Norma E. Happ, Mayor
ATTEST:
Marjor' Giermann, City Clerk
EXHIBIT A
Lot 1, and the South 35 feet of Lot 2 of Block 2 of Sunset Addition,
according to the plat thereof on file in the office of the County
Clerk and Recorder of Flathead County, Montana, and all that por-
tion of a County Road known as "Three Mile Drive" in Sections 1
and 12, Township 28 North, Range 22 West, P.M.M., lying southerly
of and between extensions of the easterly and westerly boundaries
of Lot 1, Block 2, Sunset Addition, according to the plat thereof
on file in the office of the County Clerk and Recorder, Flathead
County, Montana.
The attached proposed ordinance passed first reading of the City Council on
August 80 1979. Second reading will be at the council meeting of August 20,
1979 at 7:30 o'clock P. M.
Mari rie Giermann, City Clerk
On
.I, Marjorie Gie== City Clerk of the City to Kalispell, of the foregoingCeordinancefy tin '
the 20 day o£ , 19 �o _, I posted a copy
my office, and the s 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.
-2-