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Resolution 3149 - Emergency Water Rate and RegulationsM RESOLUTION NO. 3149 AN EMERGENCY RESOLUTION SPECIFYING WATER RATE AND WATER REGULA- TION MODIFICATIONS TO BECOME EFFECTIVE UPON PUBLIC SERVICE COMMISSION APPROVAL AND DIRECTING APPLICATION TO THE PUBLIC SERVICE CO2U4ISSION FOR APPROVAL THEREOF. WHEREAS, engineering studies and accounting projections prepared for and accepted by the City of Kalispell, Montana, projects a need for extension, expansion, repair and improvement of facilities for the provision of -water to inhabitants of the City of Kalispell, Montana; and WHEREAS, the rates and charges in effect at the present time are not adequate to provide revenues with which to accomplish the extention, expansion, repair and improvement of said facilities, and defray increased costs of operation of said facilities; and . WHEREAS, certain water regulation presently in effect require modification consistent with operations of the city of Kalispell, Montana, administration under the Mayor -Council form of government; and WHEREAS, the provision of said extension, expansion, repair and improvement of said facilities is essential to the immediate preservation of the public's health; and provison therefore cannot be undertaken until the City has in effect rates, charges and regulations adequate to assure the funding thereof; that such rates, charges and regulations must, before taking effect, be approved by the Public service Commission of the State of Montana under the provisions of Section 70-113, Revised Codes of Montana, 1947, as amended; that the time necessary to enable the Public Service Commission to comply with the law in respect of noticing rate and regulation modification applications for hearing, hear- ing the same and entering its findings thereon; that budgetary requirements respecting commencement of extension, expansion, repair and improvement of said facilities contemplate such rates, charges and regulations becoming effective by July 1, 1978, warrant deeming the circumstances hereinabove described comprise an emergency, and this resolution be deemed an emergency measure, to enable the City to proceed as expeditiously as possible to accomplish the objectives hereinabove recited; and WHEREAS, the exact limits of the City's established service area has never been determined and, from time to time, the City's responsibilities for water service to certain parcels of property outside the City limits has been the subject of controversy, and to facilitate making decisions in such cases, the City Division of Public Works has prepares. a map reflecting a proposed perimeter of the City's water service rea. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: 1. That, subject to the provisions of paragraph 3 of this resolution, the schedule of rates, charges and regulations pro- posed in Exhibit A annexed hereto and by this reference incorpor- ated herein, Shd11 be adapted and published as the rates, Charges and regulations governing operations of the City of Kalispell, Montana, Water Utility, effective forthwith. 2. The Mayor and Clerk of the Council are authorized and iirected to apply to the Public Service Commission of the State Df Montana for approval of the rates, charges and regulations set forth in Exhibit A of the resolution. The Mayor and all other officials, employees and representatives of the City of Kalispell are authorized and directed to do all things necessary or convenient to accomplishing the objectives of this resolution and reasonable costs and expenses therefor shall be a proper expense of the City. 3. That the rates, charges and regulations set forth in Exhibit A hereof shall not become effective in any event until the Public Service Commission of the State of Montana has finally approved the same pursuant to law and established an effective date therefor. 4. Said application to the Public Service Commission stall also contain a request for a determination of the limits of the City's water service area. PASSED ffirmat' e v e of the entire City Council of the City of Ka s 11, Mo ana, n this 5TH" day of December , 197 7` as n emerg cy r solution effective upon passage hereof. r Mayor 1, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true copy of the Resolution duly passed by the City Council of the City of Kalispell, Montana at a regular meeting held the 5th day of December 1977. i City Cler of the City of Kalispell, MT By �r Depaty Ci, y Clerk i -2- M I DEPARTMENT OF PUBLIC SERVICE REGULATION 2 MONTANA PUBLIC SERVICE COMMISSION $ 4 In the Matter of the Petition of Docket No. the CITY OF KALISPELL, MONTANA, 5 for Approval of Kalispell, Montana PETITION TO ADOPT WATER Water Utility Pates, Charges and UTILITY RATES, CHARGES 6 Regulations AND REGULATIONS 7 8 TO THE DEPARTMENT OF PUBLIC SERVICE REGULATION, MONTANA PUBLIC SERVICE COMMISSION: 9 The petition of the City of Kaligpell,,Montana, respectfull 10 E;hows.- 11 12 1. 1 That applicant is a municipal corporation operating tht 13 Kalispell Water Utility, furnishing water to its customers in 14 accordance with a schedule of rates, charges and regulations joverning said utility, previously approved by and on file with 15 :.his Commission. 16 17 2. Applicant proposes to amend and change the said sched- . ale of rates, charges and regulations, in accordance with the 18 schedule of rates, charges and regulations as set forth in 19 20 Exhibit "A" appended hereto, and which by this reference are incorporated herein. 21 3. Consistent with the provisions of §70-113, 1947 Revise" 22 Codes of Montana as amended, applicant hereby applies for appro- 23 val by this Commission of the said proposed rates, charges and 24 regulations. 25 4. Applicant further requests the Public Service Commis- 26 sion establish and determine the outer perimeter of applicant's 27 service area. Applicant does propose said perimeter be in accorcl 28 with the map attached hereto, designated as Exhibit "B" and by 29 :his reference made a part hereof. so WHEREFORE, applicant respectfully requests this application 31 be noticed, assigned for hearing and heard in accordance with law 32 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 in such cases made and provided; and that in due course this Commission enter an order finally approving and establishing the effective date of the rates, charges and regulations and service area designation, proposed in this application; and for such A other and further relief/ass to the Commission shall seem equitable in the premi 42 / ! ATTE CITY OF KALISPELL By: -2- f,.