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Resolution 2934 - Authorizes Remodeling & Expansion of Golf CourseRESOLUTIOIT NO. 2934 A RESOLUTION AUTHORIZING A REMODELING AND EXPANSION PROJECT OF THP KALISPELL MUNJCTPAL GOLF COURSE AND AUTHORIZING AN APPLICATION TO THE BUREAU OV OUTDOOR RECREATION FOR FUNDS TO ASSIST IN CARRYING OUT SAID PROJE&'AND AUTHORIZING ACCEPTANCE OF CONVEYANCE OF LAND FROM DUANE A. BITNEY AND'BETTY A. BITNEY, OR THEIR TRUSTEE, DONATED TO THE CITY OF KALt§PELL TO BE USED FOR SUCH PROJECT. WHEREAS,'tbe City does desire to remodel and expand the present Kalispell Municipal Golf Course, for the benefit of the citizens of the City; and WHEREAS, the Bureau of Outdoor Recreation may participate in funding such a project; and WHEREAS, Duane A. Bitney and Betty A. Bitney have expressed a desire to donate land to the City to be used for said project, NOW THEREFORE, BE IT RESOLVED BY THE CITY OF KALISPELL AS FOLLOWS: 1. The City, by and through the Park Department of the City, is authorized to undertake and plan a project for the remodeling of the Kalispell Municipal Golf Course and to carry out said plans subject to the approval of the council. 2. The Mayor is authorized, on behalf of the City, to make application to the Bureau of Outdoor Recreation, Montana State Fish and Game Department, for financing assistance in said project under the land and water conservation fund program. in making such applica- tion the following shall apply: A. Project Title: KALISPELL MUNICIPAL GOLF COURSE REMODELING AND EXPANSION PROJECT. Total Estimated Cost: $600,000.00. Brief Description of Project: To remodel and redesign the presently existing 18-hole golf course; add an additional new nine (9) holes thereto; and the modernization of the irrigation and sprinkling system. B. Assistance for said project, an outdoor recreational facility, will be required from the Land and Conser vation Fund. C. The Mayor may certify that: a. The City will accept the terms and conditions set forth in the BOR !rants -in -Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. b. That the City is in complete accord with the attach: proposal and that it will carry out the acquisition and/( development in the manner described in the proposal and any plans and specifications attached thereto unless priG approval for any change has been received from the Commission. W C. That the City has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Kalispell for public outdoor recreation use. d. That no financial assistance has been given or promised under any other Federal program or activity with regard to the proposed project. e. That the City will not discriminate against any person on the basis of race, color or nationalorigin:. in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 'f. That the City will maintain ade(ivate financial records on the proposed project to substantiate claims for cost sharing. g. That the Mayor is hereby authorized and directed to execute any documents necessary to apply for the aforementioned funds, enter into aareement with the State of Montana, Department of Fish and Game, in relation thereto and/or to comply with any Federal or State regulation concerning said project. 3. The Mayor is also authorized to accept, on behalf of the City, any land donated to the City by Duane A. Bitney and Betty A. Bitney, or their trustee, to be used only in said project for golf course purposes; the Mayor is also authorized to accept and to execute, on behalf of the City, any deeds that may be found necessary to correct the exterior boundaries of such golf course as finally planned by the Park Department and accepted by said Duane A. Bitney and Betty A. Bitney.' or their trustee. The Mayor is further aurthorized to accept such land as may be conveyed to the City by said Duane A. Bitney and Betty A. Bitney on the following terms and conditions: A. The Donors have the right to assist and give final approval to the architectural plan of the Golf Course expansion and remodeling insofar as it applies to the said premises donates to the City. B. The premises donated to the City shall be used by the City for Golf Course and for no other purpose and if such Golf Cours use is discontinued the said premises shall revert to said Donors C. The owners of property surrounding and abutting upor any premises given to the City by said Donors shall have the right to replace any fence on their common boundaries with said premises with an ornamental fence of comparable quality and function; said abutting property owners shall also have the riq_h, to reasonable ingress and egress through conveniently located, approved and locked entrance gates on said Golf Course for the purnose of travel to and from the Golf Course Clubhouse, but said rights shall not include further use of said Golf Course without the payment of regular fees therefore. In the overall design of the Golf Course and in the continued maintenance thereof it shall keep in mind that the shrubs and trees are placed on or along said Golf Course for the beauty and enjoyment of both said Golf Course and adjoining landowners, and not to the exclusion of one to the other. - 2 - D. When the final architectural plans for said Golf Course expansion are completed and have been approved by the Donors,,the City of Kalispell and the Bureau of Outdoor Recrea- tion, the City will furnish to the Donors a full and complete Certificate of Survey of that portion of said premises covered hereby included herein. E. If the City, after a reasonable period, decides to and does abandon its plans to expand and remodel the Kalispell. Municipal Golf'Course, or do so without inclusion therein of any land conveyed to the City by said Donors, or their trustee, the City will so advise said Donors, or their trustee, and shall convey to said Donors, or their trustee, by grant deed, all lands theretofore conveyed to the City by said Donors, or their turstee, for inclusion in said project. F. The City shall agree, further, that any person acquiring land abutting lands given to the City for said project by said Donors, or their trustee, shall have the right to an easement to use the roughs of the Golf Course established thereon as may be reasonably required for distribution lines and drain fields for the septic system of residences or other use permitted by zoning regulations then in force governing said area, on said abutting land; said easement shall also include the right to cross the fairways of said Golf Course, as may be necessary, with the effluent distribution line in such a septic system. All construction and maintenance costs for all, portions of such a septic system shall be paid for by the adjoining land- owners using it and all parts of any such s ' ystem shall he main- tained so as not to interfere with or curtail the use and appe,,,r- ance of the Golf Course more than may be reasonably necessary: any damage that may be done to said Golf Course by the use of said septic system or in the maintenance thereof shall be promptly and completely repaired by said landowners. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED BY THE MAYOR THIS 28th DAY OF DECEMBER, 1973. ­7! Mayor ATT 1, the undorslgned. City Clerk of City of lispoll, oby certify that the lag meett ow comber 28- 1973- althaofaso, AE foregoing is a true and correct copy thwo solution y) ►&sod by the City,,Council of the City of Kalispell, Montana. at a lal meets' I - 3 -