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