Ordinance 944 - Annexation - Ken-Way97
ORDINANCE NO.
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE
CITY OF KA.LISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REALTY TO BE KNOWN AS KEN -WAY ADDITION NO. 110.
WITNESSETH:
WHEREAS, by petition of Wayne A. Jensen and Ken Nardinger,
owners of certain real property situated outside the boundary of
the City of Kalispell, but contiguous thereto, the City of Kalispell
was, on November 1, 1979, requested to adopt a Resolution of In-
tention to consider annexation of said realty to the City of Kalis-
pell; 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 November 19, 1979, adopt Resolution No. 3267 to consider the
annexation of said realty, to be known as Ken -Way Addition No. 110;
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 January 7, 1980;
and, at such public hearing, the City Council, after consideration
of the report made and filed as required by Section 7-2-4731, MCA,
and hearing all evidence presented on said petition, did find that
all standards for annexation, set out in Section 7-2-4734, MCA,
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, MCA; 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 proceed-
ings; 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-5 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 7th day of January,
1980, 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. 3267, 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-5 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 D f DAY OF -'6.)- v 1980.
1 %� ` �
Norma E. Rapp, Mayor
ATTEST:
Marjori/,d Giermann, City Clerk
EXHIBIT A
Lots 1, 2, 3, 4, 5, and 6 of Block 3 of High School Addition to
Kalispell, Montana; according to the map or plat thereof on file
and of record in the office of the County Clerk and Recorder of
Flathead County, Montana.
I, Marjorie "1'erm n, City Clerk of the City of Kalispell, Montana, do certify that on
the Z/ day of. 19 �6 , I posted a copy of the foregoing o
b' t ?finance in
MY office, and t same re fined posted for a period of five days, and the foregoing is
a true and correct copy o the ordinance as passed by the City Council.
of Kalispell,
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