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Resolution 4860 - Resolution of Intent - Evergreen Sewer SystemRESOLUTION NO.4860 A RESOLUTION OF INTENT TO ALLOW PROPERTIES TO CONNECT TO THE EVERGREEN DISTRICT SEWERAGE SYSTEM AND FOR THE CREATION OF AN EXTRATERRITORIAL CITY PLANNING JURISDICTION WHEREAS, the City of Kalispell, hereinafter referred to as "City," is party to an Interlocal Agreement with Flathead County Water & Sewer District #1 — Evergreen, hereinafter referred to as "District," for the treatment of sewage collected from properties within the boundary of RSID #132; and WHEREAS, the Interlocal Agreement establishes the geographical boundary of the area served by the District's sewerage system, as shown on the attached Exhibit "A", and limits the quantity of sewage from the District to be treated by the City; and WHEREAS, the District is presently using or has otherwise committed the allotted quantity of sewage to be treated by the City as stipulated in the Interlocal Agreement; and, WHEREAS, Exhibit "A" shows the over -lapping areas of the District and the City for providing utility services; and, WHEREAS, the City believes development of land outside the boundaries of the District presents a public health concern when sewage disposal is by private on -site septic systems or private community sewerage systems; and, WHEREAS, the Interlocal Agreement allows for the connection of sewerage systems from properties outside the District to the District sewerage system with the mutual agreement and consent of the District and the City; and, WHEREAS, the City utility service area shown on Exhibit "A" is also considered by the City to be the Kalispell Planning Jurisdictional Area; and, WHEREAS, the City strongly desires that development within the Kalispell Planning Jurisdictional Area take place in conformance with its standards for such development; and WHEREAS, it is the City's intent to respond to the Resolution of the Evergreen Sewer and Water District in a constructive manner that resolves water quality issues raised adjacent to the RSID while not compromising the progress that the City and County have made in other planning discussions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City will consent to allow properties within the area described in Exhibit "A", but outside the boundary of RSID #132, as defined in the Interlocal Agreement, to connect to the District sewerage system, and that such connections and the resulting sewage flows will not be included in the total sewage treatment quantity of the District; provided that, SECTION II. The Flathead County Commission recognizes that the area shown on attached Exhibit "A" is an over -lapping area of City and District utility service, and that it is the City's requisite that the Commission agrees that the area shown on Exhibit "A" shall be within the City of Kalispell Planning Jurisdictional Area and for development within this area the City may set conditions for utility connections that are consistent with ensuring conformance with City standards for providing all its services for such development, pursuant to Montana law. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF JANUARY, 2004. Pamela B. Ke edy Mayor BMW "I" - �-- Theresa White City Clerk i.-17 01