8. Resolution 4297 - Intent to Annex County Roads - Two Mile & ApplewayAGENDA ITEM 8 - RESOLUTION 4297-Intent to Annex County Roads -Two
Mile Drive and Appleway
BACKGROUND/CONSIDERATION: As we have discussed at two workshops,
the Staff recommends these two roads become a part of the City with
City maintenance responsibilities. Currently they are not within
the City boundaries, but we are in fact maintaining them. We have
discussed this change with the County Engineering Department and
now have the written request from the County Commissioners.
RECOMMENDATION: I concur with the Staff's recommendation. We
should complete the annexation of these two transportation routes.
ACTION REQUIRED: RESOLUTION 4297 should be approved to complete
the transfer of the streets to our jurisdiction.
RESOLUTION NO. 4297
A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF
KALISPELL, TO BE KNOWN AS THE APPLEWAY DRIVE/TWO MILE DRIVE
ANNEXATION NO. 277, TO RECOMMEND ZONING SAID PROPERTY IN ACCORDANCE
WITH THE KALISPELL ZONING ORDINANCE, TO FIX A DATE OF PUBLIC
HEARING THEREON AND TO PROVIDE FOR THE CITY CLERK OF COUNCIL TO
RECEIVE EXPRESSIONS OF APPROVAL OR DISAPPROVAL IN WRITING THERETO
AND TO PROVIDE FOR THE PUBLICATION OF NOTICE OF THIS RESOLUTION.
WHEREAS, the Flathead Board of County Commissioners, on
September 26, 1996, requested that the City of Kalispell annex
certain real properties, more particularly described in Exhibit
"A", commonly known as Appleway Drive and a portion of Two Mile
Drive, and
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City of
Kalispell and the inhabitants thereof, said property be annexed
to the City of Kalispell, so that the boundaries of the City of
Kalispell would be extended so as to include the same within the
corporate limits of the City of Kalispell, to zone said property in
accordance with the Kalispell Zoning Ordinance, and
WHEREAS, on November 6, 1995, the City Council of the City of
Kalispell adopted, pursuant to Title 7, Chapter 2, Part 47 Montana
Code Annotated, an Extension of Services Plan which anticipated
development to City services for approximately five years in the
future, and
WHEREAS, the City Council intends that said territory, if
annexed, shall be zoned in accordance with the Kalispell Zoning
Ordinance as recommended by the Kalispell City -County Planning
Board and Zoning Commission, and
WHEREAS, the City of Kalispell desires to annex the property
to the City of Kalispell under the provisions of Title 7, Chapter
2, Part 44 Montana Code Annotated (Annexation of Contiguous
Government Land).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City of
Kalispell that certain territories comprising the
Appleway Drive/Two Mile Drive Annexation No. 277 be
embraced within the corporate limits of the City of
Kalispell and the boundaries of said City be so extended
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so as to include the same. Said territory is more
particularly described in Exhibit "A" attached hereto and
for purposes of this Resolution made a part hereof.
SECTION II. That it is further the intention of the City
of Kalispell that said property be zoned in accordance
with the Kalispell Zoning Ordinance, upon annexation.
SECTION III. The City Clerk of Council shall forthwith
prepare and publish in the Daily Inter Lake, a daily
newspaper published at Kalispell, Montana, proper notice
of this Resolution of Intention at least once a week for
two successive weeks next preceding the regularly
scheduled Council meeting at which said Annexation will
be considered.
SECTION IV. For a period of twenty days after the first
publication of said notice by the City Clerk of Council,
said City Clerk of Council will receive expressions in
writing of approval or disapproval of the proposed
extensions of the boundaries of said City of Kalispell.
SECTION V. At the regularly scheduled meeting of the
City Council of the City of Kalispell next succeeding the
expiration of said twenty days, the City Clerk of Council
shall lay before the City Council all communications in
writing so received by her for the City Council's
consideration.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE
CITY OF KALISPELL THIS DAY OF , 1996
ATTEST:
Debbie S. Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor