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I2. Resolution 5765 - Interlocal Agreement Amendment to Evergreen Sewer District Service Boundary2011"Avenue East PO Box 1997 Kalispell, MT 59903 Phone: 406-758-7720 Fax: 406-758-7831 www.kalispell.com /public —works TO: Doug Russell, City Manager; Charlie Harball, City Attorney FROM: Keith Haskins, P.E., City Engineer SUBJECT: Amendment to the Service Area Boundary of the Evergreen Sewer District MEETING DATE: July 18, 2016 BACKGROUND: At the June 27, 2016 work session, four options were presented to council in regard to a request for sewer treatment service via conveyance through the Evergreen District sewer system from Ms. Carol Fontaine. Ms. Fontaine's 17.2 acres, located at 135 West Reserve Drive, is outside, but adjacent to, the Service Area as defined in the July, 2015, Sanitary Sewer Treatment Agreement between the Evergreen District and the City. The four options presented included: 1. Approve the request for connection without amending the agreement; 2. Collaborate with the Evergreen District to amend the Service Area boundary in the Agreement to include only the Fontaine property; 3. Collaborate with the Evergreen District and amend the Service Area boundary in the Agreement to include Ms. Fontaine's property and properties to the west, up to the Whitefish River; or 4. Deny the request to provide sewer treatment service for Ms. Fontaine's property, per the current agreement. As a result of the work session discussion, staff proceeded with the third option, to collaborate with the Evergreen District to amend the Service Area boundary and include the properties west of the Fontaine's property up to the Whitefish River. An amendment to the Interlocal Agreement was drafted by the City Attorney and an amended Exhibit A was prepared. STAFF RECOMMENDATION: Approve Resolution 5765, which amends Exhibit A of the Interlocal Agreement between the City of Kalispell and Flathead County Water & Sewer District No. 1 Evergreen to include additional parcels. ALTERNATIVES: As suggested and approved by the City Council. ATTACHMENTS: Resolution 5765 Interlocal Agreement Amendment July, 2016 to Exhibit A — Section 3 boundary RESOLUTION NO. 5765 A RESOLUTION APPROVING AN AMENDMENT TO THE JULY 1, 2015 INTERLOCAL AGREEMENT BETWEEN CITY OF KALISPELL AND THE FLATHEAD COUNTY WATER & SEWER DISTRICT NO. 1, EVERGREEN, BY AMENDING EXHIBIT "A" TO INCLUDE ADDITIONAL PARCELS AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME WHEREAS, on the I" day of July, 2015, pursuant to Title 7, Chapter 11, Part 1, M.C.A., the City of Kalispell [the City] and the Evergreen Water and Sewer District No.1 [the District] entered into an Interlocal Agreement regarding the terms and conditions of the cooperative effort to provide sanitary sewer conveyance and treatment for landowners within the certain defined boundaries described within the agreement; and WHEREAS, Section 3 of the Agreement regulates the event in which a property owner or user outside of the existing service area of the District as defined in the Agreement desires to connect mains or services to the collection system operated by the District; and WHEREAS, pursuant to Section 3 of the Agreement, application was made to the District and the City by property owner, Carol Fontaine of 135 West Reserve Drive in Evergreen who is experiencing failure of the private septic system serving the 17.2 acre parcel and has an immediate need for sanitary sewer conveyance and treatment from the District and City; and WHEREAS, there are several additional parcels of land situated to the west of that property which extend from that property to the low river point (hereafter, "thalweg") of the Whitefish River, and which may in the future seek permission to connect to and be served by the District and the City as necessary, for sanitary sewer conveyance and treatment; and WHEREAS, the District and the City have fully considered the request and have determined that it is in the best interests of the applicant and the parties to approve the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Pursuant to the terms of Section 3.03 and Section 3.04 of the Agreement, Exhibit "A' of the Agreement shall be and is hereby amended to extend the service boundaries of the Agreement to provide service to that parcel of land located at 135 West Reserve Drive, Kalispell, Flathead County, Montana and extending westerly from that parcel to the thalweg of the Whitefish River, consisting of approximately 126 acres, more or less. The amended Exhibit A is attached hereto and fully incorporated herein by this reference. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 18TH DAY OF JULY, 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk INTERLOCAL AGREEMENT CITY OF KALISPELL And FLATHEAD COUNTY WATER & SEWER DISTRICT NO. 1 EVERGREEN [Amendment July, 2016 to Exhibit A — Section 3 Boundary] WHEREAS, on the I" day of July, 2015, pursuant to Title 7, Chapter 11, Part 1, M.C.A., the City of Kalispell [the City] and the Evergreen Water and Sewer District No.I [the District] entered into an Interlocal Agreement regarding the terms and conditions of the cooperative effort to provide sanitary sewer conveyance and treatment for landowners within the certain defined boundaries described within the agreement; and WHEREAS, Section 3 of the Agreement regulates the event in which a property owner or user outside of the existing service area of the District as defined in the Agreement desires to connect mains or services to the collection system operated by the District; and WHEREAS, pursuant to Section 3 of the Agreement, application was made to the District and the City by property owner, Carol Fontaine of 135 West Reserve Drive in Evergreen who is experiencing failure of the private septic system serving the 17.2 acre parcel and has an immediate need for sanitary sewer conveyance and treatment from the District and City; and WHEREAS, there are several additional parcels of land situated to the west of that property which extend from that property to the low river point (hereafter, "thalweg") of the Whitefish River, and which may in the future seek permission to connect to and be served by the District and the City as necessary, for sanitary sewer conveyance and treatment; and WHEREAS, the District and the City have fully considered the request and have determined that it is in the best interests of the applicant and the parties to approve the application. NOW THEREFORE, IT IS AGREED by and between the City and the District that it is to their mutual benefit to amend the above identified Interlocal Agreement as follows: Pursuant to the terms of Section 3.03 and Section 3.04 of the Agreement, Exhibit "A' of the Agreement shall be and is hereby amended to extend the service boundaries of the Agreement to provide service to that parcel of land located at 135 West Reserve Drive, Kalispell, Flathead County, JULY 2016 AMENDMENT TO INTERLOCAL AGREEMENT Page - 1 of 2 Montana and extending westerly from that parcel to the thalweg of the Whitefish River, consisting of approximately 126 acres, more or less. The amended Exhibit A is attached hereto and fully incorporated herein by this reference. All other terms of the July 1, 2015 Interlocal Agreement between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the local governments have caused this instrument to be duly executed by their proper officers as follows: CITY OF KALISPELL APPROVED BY THE CITY MANAGER OF THE CITY OF KALISPELL on the day of July, 2016, as authorized the City Council to execute the Amendment to the Interlocal Agreement. ATTEST: :• Aimee Brunckhorst, CMC Doug Russell City Clerk City Manager FLATHEAD COUNTY WATER & SEWER DISTRICT NO. 1 EVERGREEN APPROVED BY THE BOARD OF DIRECTORS OF THE FLATHEAD COUNTY WATER & SEWER DISTRICT NO. 1 EVERGREEN on the day of July 2016. President ATTEST: Roberta Struck Secretary JULY 2016 AMENDMENT TO INTERLOCAL AGREEMENT Page - 2 of 2