Resolution 3986 - Resolution of Intent - Annex Mauzay Addition #244119
RESOLUTION NO. 3986
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED
TERRITORY TO THE CITY OF KALISPELL, SAID TERRITORY BEING LOCATED
IN LOT 1, BLOCK 11, HIGH SCHOOL ADDITION, KALISPELL, FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE MAUZEY ADDITION NO. 244,
TO FIX A DATE OF PUBLIC HEARING THEREON, AND TO PROVIDE FOR DUE
AND PROPER NOTICE OF SAID ANNEXATION.
WHEREAS, certain real property as is more particularly
described in Exhibit "A"•, attached hereto and for purposes of
this Resolution made a part hereof, is contiguous to and wholly
surrounded by the corporate limits of the City of Kalispell, and
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City of
Kalispell and the inhabitants thereof that the contiguous and
wholly surrounded platted tracts encompassed in Exhibit "A" be
annexed to the City of Kalispell, so that the boundaries of the
City should be extended so as to include the same within the
corporate limits of the City of Kalispell, and
WHEREAS, on the 3rd day of April, 1989, the City Council
adopted, pursuant to Title 7, Chapter 2, Part 47, Montana Code
Annotated, an Extension of Services Plan which anticipated
development to City services for approximately five years in the
future, and
WHEREAS, the City Council shall, prior to annexing said
property cause to be developed a "mini -extension of services
plan" for the territory described in Exhibit "A", and proposed
by this Resolution to be annexed, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission shall on the llth day of June, 1991, hold a public
Hearing, pursuant to Section 6.13, Kalispell Zoning Ordinance, to
recommend zoning for the territory described in Exhibit "A" in
accordance with the Kalispell Zoning Ordinance, in the event the
territory is annexed to the City, and
WHEREAS, the City Council intends that said territory, if
annexed, shall be zoned in accordance with the recommendations of
the Kalispell City -County Planning Board and Zoning Commission,
and
WHEREAS, the City of Kalispell desires to annex the property
to the City of Kalispell under the provisions of Title 7, Chapter
2, Part 45, Montana Code Annotated.
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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City. of
Kalispell that certain territory comprising all of the ,
contiguous and wholly surrounded property described in
Exhibit "A" be embraced with the corporate limits of
said City and that the boundaries of said City be
extended to include the same.
SECTION 1I. That it is further the intention of the
City of Kalispell -that the property described in
Exhibit "A" upon annexation, be zoned as recommended by
the Kalispell City -County Planning Board and Zoning
Commission.
SECTION III. That the City Clerk -Treasurer of the City
of Kalispell shall give immediate notice of the passage
of this Resolution, by notifying in writing all owners
and purchasers under contract for deed of property in
the territory, addressed to the address to which tax
notices are sent; and further publish notice of the
Resolution in the Daily Interlake, once a week for two
successive'weeks.
SECTION IV. That the notice herein ordered published
shall state that this Resolution has been duly and
regularly passed and that for a period of twenty (20)
days after the first publication said Clerk -Treasurer
will receive expressions of approval or disapproval, in
writing, from the freeholders with in the territory to
be annexed except that, in accordance with Section 7-2-
4502, MCA, the territory shall be annexed, upon passage
of a Resolution of Annexation, whether or not a
majority of the resident freeholders in the territory
object.
SECTION V. That at the next regularly scheduled meeting
of the City Council after the expiration of the twenty
(20) days of Section IV, supra, the City Clerk -
Treasurer shall lay before the Council all
communications in writing received by him for said
council's consideration.
SECTION VI. That if after considering the comments made
the Council shall duly and regularly pass and adopt a
Resolution of Annexation, the boundaries of the City
shall be extended so as to embrace and include said
territory, upon date fixed in said Resolution of
Annexation.
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Annexation.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS 3rd DAY OF JUNE, 1991.
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Attest:
City C rk-Treasurer
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EXHIBIT A
MAUZEY ADDITION NO. 244
A TRACT OF LAND DESCRIBED AS BEING THE E 105 FEET OF THE NORTH .100
100 FEET OF LOT 1, BLOCK 11, HIGH SCHOOL ADDITION TO KALISPELL, l
PLAT OR MAP ON FILE AND OF RECORD, CLERK AND RECORDER'S OFFICE,
FLATHEAD COUNTY, MONTANA.
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