Loading...
04-04-90 S&W Comm MinutesCity of Kalispell Water & Sewer Committee/Evergreen Sewer Meeting • Minutes April 4, 1990 Purpose of said meeting was to discuss Mayor Hopkin's recommendation as to the annexation requirement to be imposed upon the Evergreen Water & Sewer District prior to entering into an lnterlocal Agreement to accept wastewater for treatment in the City of Kalispell wastewater treatment plant from the Evergreen Water & Sewer District. A meeting of the City of Kalispell Water & Sewer Committee was held on April 4, 1990 commencing at approximately 7:00 P.M. in the Conference Room, City Hall, Kalispell, Montana. In attendance at said meeting were Roger Hopkins, Mayor of the City of Kalispell; Loren Granmo, Gary Nystul, Noel Furlong, Councilpersons; Jack Fallon, Lonnie Hanson, Jack Barrett and Gene Thompson, representatives of the Evergreen Water & Sewer District; Tom Flynn, interested citizen; Bill Astle, Attorney for Evergreen Water & Sewer District, and Glen Neier, Attorney for the City of Kalispell. The City of Kalispell Water & Sewer Committee met at the above stated Lime and place and with the above stated individuals to discuss a recommendation made by Mayor Roger Hopkins that the City of Kalispell require a Consent to Annex Agreement/Notice of Withdrawal from Rural Fire District from property owners and property lying between the City limits of Kalispell at Viaduct Hill at U.S. Highway No. 2 to Cottonwood Drive. The suggestion of the Mayor was made at the April 2nd City Council meeting and the Sewer & Water Committee was assigned the task of analyzing the Mayor's suggestion and returning to the Council with a committee recommendation. The discussion of the Mayor's recommendation involved arriving at language upon which to base a motion and recommendation from the Sewer & Water Committee to the full City Council. The meeting was opened by Councilman Granmo and a discussion of the general recommen- dation of the Mayor was given by Councilman Nystul and Councilman Granmo. The primary concern of the Evergreen Water & Sewer District, according to Attorney Astle was that the EPA Grant with the Evergreen Water & Sewer District is scheduled to expire on or before September 1st, 1990 unless the District can obtain an agreement with the City of Kalispell for the treatment of sewerage at the Kalispell Wastewater Treatment Plant. Previous suggestions or requirements, which have not passed the Council, have anticipated the Evergreen Water & Sewer District obtaining a consent to annex agreement from 51% of the owners of property and no less than 51% of the property in the area of a rural SID yet to be created by Flathead County. The boundaries of the RSID would be co -existent with the sewered area of the Evergreen Water & Sewer District. An alternate suggestion, which has also been rejected by the Council, was to have the Evergreen Water & Sewer District obtain a consent to annex from those property owners (and property) lying along U.S. Highway No. 2 and Montana Highway 35 from the city limits of Kalispell at Viaduct Hill to Reserve Drive and to the Flathead River Bridge. According to the analysis given the matter by the representatives of the Evergreen Water & Sewer District isit would be an impossible task to obtain consent to annex agreements with either group of land owners appearing in previous suggestions, and Mayor Hopkins' suggestion as to the Cottonwood Drive compromise was viewed as an attempt to maximize the City's ability to annex commercially developable property while at the same time sewering the RSID area. After much discussion and several motions on the matter the Committee adopted by a two to one vote the following motion and recommendation to the City Council: That prior to entering into an interlocal cooperative Agree- ment, for the treatment of wastewater, with the City of Kalispell, the Evergreen Water & Sewer District must obtain from 51% of the owners of property, including lienholders and contract sellers, and no less than 51% of the property, a Consent to Annex Agreement and Notice of Withdrawal from Rural Fire District on parcels of land abutting U.S. Highway No. 2 and Montana Highway No. 35 from the City limits east to those highways' intersection with (East) Cottonwood Drive. The Committee also after discussion of the Consent to Annex Agreement form agreed again by two to one vote that the form to be signed should be in the form as attached hereto. 0 CONSENT TO ANNEX AGREEMENT • AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of 19_, by and between hereinafter PARTY(S) OF INTEREST INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLF.R(S)j and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agree- ments, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, and incorporate within its boundaries property situated in the County of Flathead, State of Montana, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. . The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the Evergreen Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described real property. The City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this day of , 19_ PARTY(S) OF INTEREST CITY OF KALISPELL By Mayor ATTEST: • City Clerk -Treasurer STATE OF MONTANA ) : ss County of Flathead ) On this day of , 1990, before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the person whose name is subscribe to the oregoing instrument, and acknowl- edged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA : ss County of Flathead ) On this day of 1990, before me, the undersigned, a Notary Public for the State of Montana, personally appeared and the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires STATE OF MONTANA ) : ss County of Flathead ) • On this day of 1990, before me, Public in and o the State of Montana, personally appeared and a Notary known to me to be the Mayor and City Clerk -Treasurer of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such Mayor and City Clerk -Treasurer respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein -----------se-tfox -and-that--thv-)�-wer--e-.duly--au-thexizerl--to--exec-ute--the same on --- behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first abvoe written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission expires