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Resolution 4450 - Amendment to Extension of Services Plan1888 RESOLUTION NO. 4450 A RESOLUTION AMENDING THE CITY OF KALISPELL EXTENSION OF SERVICES PLAN, SECTION IV, ¶T 4 AND 5, BY SPECIFYING THE CONDITIONS UNDER WHICH THE CITY SHALL PROVIDE UTILITY SERVICES BEYOND ITS CORPORATE LIMITS. WHEREAS, the City Council of the City of Kalispell adopted City of Kali . Dn l Extension of Services Plan, by Resolution NO. , 4241, on November 5, 1995, and WHEREAS, Section IV, ¶ 4 of said Plan describes the conditi'7161s�' - under which the City allows connection to its public utility systems, and WHEREAS, at the request of the City Council, the Public Works Department and the staff .of the Flathead Regional Development office revised the connection policy to allow for orderly expansion of utilities and municipal boundaries. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the city of Kalispell , Extension of services Plan is hereby amended by inserting a new Section IV, ¶ 4, which shall read: Before a development beyond the City limits is allowed to connect to a City -owned utility, a Consent to Annex/Notice of Withdrawal from Rural Fire District and a Petition Requesting Annexation shall be properly filed with the City Attorney and said annexation request shall be approved by City Council Resolution or Ordinance as may be appropriate. Service will be extended only to existing or proposed developments that are contiguous to the City. The Petition and Consent filed under this section shall be in a form which may be recorded in the Office of the Flathead County Clerk and Recorder. SECTION I.I. That the City of —Kalispell, 'Fxt-P_nqj.on of services Plan is hereby amended by adding to Section IV, a ¶ 5 which shall read: As a requirement of access to a City -owned utility in a subdivision proposed beyond city limits, the property owner shall apply to the City for preliminary plat approval and simultaneously petition for annexation to the City, and the property shall be annexed or each phase of said subdivision shall be annexed with approval of Final Plat. As a requirement to a City -owned utility in a proposed land division which is exempt from subdivision regulation and is beyond the city limits, the property owner shall petition to annex and the property shall be annexed prior to filing the certificate of survey with the County Clerk and Recorder to create the land division. SECTION ITT. This Resolution shall take effect immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND SIGNED BY THE MAYOR THIS _1HZ DAY OF MARCH, 1999. WME .50hDrS i wm. E. Boharski Mayor ATTEST: Theresa White Clerk of Council 1