11. Astle Letter re: Greenacres AnnexationDecember 16, 1996
AGENDA ITEM 11 - LETTER FROM MR. ASTLE DATED DECEMBER 11 REGARDING
GREENACRES ANNEXATION
Mr. Neier will address this item with the Council at the meeting.
ASTLE and ASTLE
ATTORNEYS AND COUNSELORS AT LAW
705 MAIN STREET
KALISPELL, MONTANA 59901
DAVID L. ASTLE December 1 1 1996 TEL. (406) 752-7393
WILLIAM E. ASTLE + FAX 1406) 257.3268
Mayor Doug Rauthe
Kalispell City Council
City Hall
Kalispell, MT 59901
Re: Greenacres Annexation
Dear Mayor Rauthe and Council Members:
Please be advised that I represent the South Woodland/Greenacres Coalition
consisting of property owners within the Greenacres annexation (Resolution of
Intent 4294), adopted by the Kalispell City Council December 2, 1996.
The purpose of this letter is to respectfully request that you formally reconsider
and rescind the Greenacres annexation at your regularly scheduled meeting
Monday, December 16, 1996.
The basis of this request is that the formal notice of the adoption of the
Resolution of Intent, Resolution 4294, as both published in the Daily Inter Lake
and mailed to property owners failed to comply with Montana law (copy of
newspaper publication marked Exhibit "A" attached hereto and copy of letter
to property owners marked Exhibit "B" attached hereto).
Section 7-2-4313 Montana Code Annotated relating to the requirement of
notice of annexation required of you reads as follows:
Contents of notice - protest period. The notice must state that:
(1) the resolution has been duly and regularly passed; and
(2) for a period of 20 days after the first publication of the
notice, the city clerk shall accept written comments
approving or disapproving the proposed extensions of the
boundaries of the city of the first class from real property
Mayor Doug Rauthe
Kalispell City Council
December 1 1 , 1996
Page 2
------------------------------
owners of the area proposed to be annexed. (emphasis
supplied)
A reading of the enclosed newspaper publication (Exhibit "A") and the letter to
the property owners (Exhibit "B") erroneously confines and limits the solicited
written comments to those "approving" the proposed annexation and omits the
statutory language of Section 7-2-4313 MCA that requires the Notice to also
solicit comments "disapproving" the proposed annexation.
As a courtesy to the Council and a gesture of good faith on behalf of my
clients, it is respectfully requested that the Council, through the reconsideration
process rescind the recently passed Greenacres Annexation Resolution for
failure to comply with the mandatory notice provisions under Montana
Annexation Law.
It is my hope that the Council will affirmatively act by rescinding the
Greenacres Annexation and avoid the necessity of my clients requesting the
Flathead District Court to grant a Writ of Mandamus declaring the Greenacres
Annexation invalid and mandating the Council follow the express notice
requirements of Section 7-2-4313 MCA together with the award of costs of
suit and reasonable attorney fees to my clients.
I respectfully await your decision.
Very truly yours,
ASTI F A ASTI F
-32
WEA/slp
cc: Glen Neier, Kalispell City Attorney
Clarence Krepps, Kalispell City Manager
s
No. 9631
CITY OF KALIS-
PELL
NOTICE
NOTICE IS HERE-
BY GIVEN that the City
Council of the City of Kalis-
pell on September 23, 1996,
!#passed Resolution No.
}4294, declaring an intention
to annex certain real prop-
erty to be known as the
Greenacres Annexation No.
276, located in Flathead
County, Montana. which is
',more particularly described
.in Exhibit 'A attached
hereto thereby made a part
bereot. .
Said Resolution No.
4294 declared -that it is in
the best interest of the City
of Kalispell and the inhabit-
ants thereof that said prop -
arty be annexed to the City
of Kalispell and recom-
mended that the property be
zoned in accordance with
the Kalispell Zoning Ordi-
nance, Ordinance No. 1175,
as amended.
NOTICE is further
lrven that for a period of
enty (20) days after No-
vember 3, 1996. that date
being the first day of publi-
}cation of this notice in the
jDaify Inter Lake,the City
*Clerk of Council of the City
of Kalispell will receive ex-
lipresaions, in writing, of ap-
proval of the proposed an-
nexation from the real prop-
rorly owners within the area
proposed to be annexed.
The City Council of
the City of Kalispell shall on
December 2, 1996 hold
hearing, at 7.00 o'clock
P.M. in the Council Cham-
bers. City Hall, City of Ka-
lispell on the proposed an-
nexation at which time the
City Clerk Council shall lay
all communications re-
ceived by said Clerk con-
Cemm9 said annexation be-
fore the Council for the
Council's examination. 11
otter considering the same
the Council shall duly and
regularly pass and adopt a
resolution to that effect, the
boundaries of the City of
Kalispell shall be extended
to so as to embrace and in-
clude said properly as de-
scribed in Exhibit A'. and
the time when the same
shall go into effect shall be
lied by said resolution
Said territory it on.
nexed shall be known as
Greenacres Annexation No.
276.
WDebbie Gifford,
CMC
Debbie Gifford
Clerk of Council
CITY OF KALISPELL
NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell on
September 23, 1996, passed Resolution No.4294, declaring an intention to annex
certain real property to be known as the Greenacres Annexation No. 276„ located in
Flathead County, Montana, which is more particularly described in Exhibit "A"
attached hereto thereby made a part hereof.
Said Resolution No. 4294 declared that it is in the best interest of the City of
Kalispell and the inhabitants thereof that said property be annexed to the City of
Kalispell and recommended that the property be zoned in accordance with the Kalispell
Zoning Ordinance, Ordinance No. 1175, as amended..
NOTICE is further given that for a period of twenty (20)days after November
3, 1996, that date being the first day of publication of this notice in the Daily Inter
Lake,the City Clerk of Council of the City of Kalispell will receive expressions, in
writing, of approval of the proposed annexation from the real property owners within
the area proposed to be annexed.
The City Council of the City of Kalispell shall on December 2, 1996 hold
hearing, at 7:00 o'clock P.M. in the Council Chambers, City Hall, City of Kalispell
on the proposed annexation at which time the City Clerk Council shall lay all
communications received by said Clerk concerning said annexation before the Council
for the Council's examination. If after considering the same the Counicl shall duly and
regularly pass and adopt a resolution to that effect, the boundaries of the City of
Kalispell shall be extended to so as to embrace and include said property as described
in Exhibit "A'; and the time when the same shall go into effect shall be fixed by said
resolution. .
Said territory if annexed shall be known as Greenacres Annexation No. 276..
Publish: November 3, 1996
November 10, 1996
.1 CUP
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