02. Evergreen Annexation StatementIN LIEU OF THE EVERGREEN ANNEXATION HEARING THE FOLLOWING SHOULD BE
READ INTO MINUTES OF THE COUNCIL MEETING OF MAY 16, 1994
On the 4th day of April, 1994 the City Council of the City of
Kalispell, pursuant to Title 7, Chapter 2, Part 43 Montana Code
Annotated, passed Resolution No. 4147, entitled a RESOLUTION OF
INTENTION TO ANNEX TERRITORY TO THE CITY OF KALISPELL, COMPRISING
THAT TERRITORY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
THEREBY MADE A PART HEREOF, TO BE DESIGNATED AS THE EVERGREEN
ANNEXATION NO. 255, TO FIX A DATE OF A HEARING THEREON, AND TO
PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING.
Due and proper notice of said Resolution was mailed to all owners
and purchasers under contracts for deed of the property in the
territory to be embraced to the addresses to which tax notices were
sent for the year 1993, and published in the Daily Interlake, the
newspaper nearest said territory, on the 17th and 24th day of
April, 1994.
For a period of twenty days next succeeding the date of first
publication the City Clerk of Council received expressions, in
writing, of approval or disapproval of the annexation from the from
the freeholders of said territory proposed to be embraced. The City
Clerk of Council received eighty-one (81) notices of disapproval
delivered to the City prior to the close of the protest period.
The City Staff reviewed said notices of disapproval and found that
three of the disapprovals, namely those filed by John Smithlin,
1282 Highway 2 East; Robert Cesnik, 14 River Road; and Donovan
Bergeson, 126 East Cottonwood Drive, were submitted by resident
freeholders within the territory proposed to be annexed. Said
disapprovals constituted protests from the majority of the resident
freeholders within the territory proposed to be annexed.
Therefore, pursuant to Section 7-2-4314, MCA no further resolutions
relating to the annexation of said territory or any portion thereof
shall be considered or acted upon by the City Council of the City
of Kalispell on its own initiative and without petition for a
period of 1 year from the date of said disapproval.