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