E1. Resolution 5740 - ROI - Water and Sewer RegsCharles A. Harball Offlee of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
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TO: Doug Russell, City Manager, Dp
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FROM: Charles Harball, City Attorney
Tel 406.758,7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5740 — Notice of Intent and Call for Public
Hearing on Amendments to Water and Sanitary Sewer Utility
Regulations
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-1 XACKGROUND: The City of Kalispell owns, operates and regulates water and
sanitary sewer utilities pursuant to the authority of Title 69, Chapter 7 of the Montana
Code Annotated. From time to time the City of Kalispell updates the regulations to its
utilities to reflect changes in systems, processes and legal requirements that it, is
required to follow. As discussed at the city council work session on October 12, 2015, it is
the recommendation of the public works department to change the billing cycle for its
water and sanitary sewer utilities to monthly and to amend certain other parts of the
utility regulations to be consistent with public works design standards previously
approved and adopted by the Kalispell City Council. Pursuant to MCA 69-7-111 the City
must publish a Notice of Intent and hold a public hearing for the benefit of those affected
by the proposed change in regulation, to take evidence at the public hearing and to
consider such evidence prior to taking action.
RECOMMENDATION: It is recommended that the Council pass Resolution No. 5740
calling for a public hearing to be held November 16, 2015 at its regularly scheduled
meeting so that public comment and other evidence may be considered prior to
deliberating upon the proposed regulatory amendments.
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The Council may decline to consider the proposed amendments or
may make amendments to the recommendation as it deems appropriate.
RESOLUTION NO. 5740
A RESOLUTION OF INTENT TO ADOPT CERTAIN AMENDMENTS TO THE
REGULATIONS OF THE CITY WATER AND SANITARY SEWER UTILITIES,
INCLUDING THE AMENDMENT TO CHANGE THE BILLING CYCLES TO MONTHLY
AND CALLING FOR A PUBLIC HEARING.
WHEREAS, the City of Kalispell owns, operates and regulates a water utility as well as a sanitary
sewer utility pursuant to the authority of Title 69, Chapter 7 of the Montana Code
Annotated; and
WHEREAS, from time to time the City of Kalispell updates the regulations to its utilities to reflect
changes in systems, processes and legal requirements it is required to follow; and
WHEREAS, it is the intent of the City of Kalispell to change the billing cycle for its water and
sanitary sewer utilities to monthly and to amend certain other parts of its regulations
to be consistent with public works design standards previously approved and adopted
by the Kalispell City Council; and
WHEREAS, pursuant to MCA 69-7-111 the City must publish a Resolution of Intent and hold a
public hearing for the benefit of those affected by the proposed change in regulation,
to take evidence at the public hearing and to consider such evidence prior to taking
action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. A public hearing is hereby called and shall be held on Monday, November 16,
2015 at 7:00 p.m. in the Council chambers on the proposed amendments to
the regulations for the Kalispell City Water Utility and Kalispell City Sanitary
Sewer Utility.
SECTION 2. Notice of the public hearing shall be published according to the legal
requirements of 69-7-111 MCA.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 19th DAY OF OCTOBER, 2015.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that on the 16th day of November, 2015 at 7:00 o'clock
p.m., in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, Montana,
the City Council of the City of Kalispell shall hold a Public Hearing on proposed amendments to
the Regulations of the city Water and Sanitary Sewer Utilities, including the amendment to
change the billing cycles to monthly.
A copy of the proposed amendments can be viewed at the Public Works Office or the
City Clerk's office in City Hall at 201 First Avenue East, or on the city's website at
www.kalispell.com under Mayor and City Council/Agenda.
Written comments may be submitted to the City Clerk at the above noticed meeting, or
prior to the meeting either by mail at P.O. Box 1997, Kalispell, MT 59903, by email at
ci . clerkgkalispell.com or in person at City Hall, 201 First Avenue East.
For further information contact the Public Works Department at (406) 758-7720.
Aimee Brunckhorst, CMC
City Clerk
Publish: October 24, 2015
October 31, 2015
November 7, 2015