Resolution 5765 - Evergreen Sewer Agreement AmendmentRESOLUTION 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.
L�
Mark John
Mayor
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