Resolution 4612 - Creating Utility Rule - Annexation2297
RESOLUTION NO. 4612
A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF KALISPELL, MONTANA■
CREATING A UTILITY RULE REQUIRING A PROPERTY OWNER'S CONSENT TO
ANNEXATION AS A CONDITION OF CONTINUED SEWER AND/OR WATER SERVICE.
WHEREAS, the City has extended sewer and/or water service to
various property owners located outside of the City
limits; and
WHEREAS, the City has obtained signed waivers of protest from
many, but not from all, of such utility customers located
outside of the City limits; and
WHEREAS, from time to time the City Council determines that it is
in the best interests of the City to annex the property
owned by either individual utility customers, or groups
of utility customers, and bring them within the corporate
limits of the City; and
WHEREAS, in 46 Op. Att'y Gen. No. 12 (1995), the Montana Attorney
General ruled that a city or town may adopt a rule for
the operation of its municipal sewer and/or water utility
requiring a property owner's consent to annexation as a
condition of continued sewer and/or water service;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. The City may, at any time, require a property
owner's consent to annexation as a condition of
continued sewer and/or water service. When the City
Manager, in his discretion, determines to require
such consent from a particular property owner, the
City may notify the property owner, in writing,
that the City seeks such consent, and that if such
consent is not given, the City will require that
the property owner discontinue receiving sewer
and/or water service. The property owner may notify
the City in writing of his or her consent to
annexation.
If within thirty (30) days of the date that the
property owner is mailed such notice, the property
owner contacts the City and makes firm
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arrangements, in writing, to discontinue the
applicable service(s), then the City shall not
further pursue obtaining the property owner's
consent. If, however, the property owner has not,
within such time period, made firm written
arrangements to discontinue the applicable
service(s), then the City shall be entitled to
treat the property owner as having consented to
annexation of his or her property upon the
expiration of the time period. The failure by the
property owner to respond in writing within the
thirty (30) day period shall entitle the City to
treat the property owner as having consented upon
the expiration of the time period.
If the property owner consents to annexation under
any of the methods described above, the property
owner may not thereafter withdraw his or her
consent to any proposed annexation of his or her
property. If the property owner consents to
annexation under any of the methods described
above, then the City shall be entitled to disregard
any protest that such property owner makes to a
proposed annexation of his or her property.
Nothing herein shall prevent the City from seeking
consent even if the City has previously obtained a
waiver of protest from such property owner or from
his or her predecessor in interest.
SECTION II. This Resolution, and the utility rule created
hereunder, shall become effective immediately upon
its passage by the City Council and approval by the
Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF FiALISPELL, THIS 21ST DAY OF MAY, 2001.
ATTEST:
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Theresa White
City Clerk
...... E. _______.__ Duane Larson
maper Council President
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