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Resolution 4936 - Kelsey Subdivision - Sewer ServicesRESOLUTION NO. 4936 A RESOLUTION REGARDING THE DEVELOPMENT OF KELSEY SUBDIVISION AND PROVISION OF MUNICIPAL SEWER SERVICES THERETO. WHEREAS, Andrew R. Farris, owner of that certain real property located outside municipal boundaries and in Flathead County, Montana and more particularly described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, and hereafter referred to as "Kelsey Subdivision", seeks to develop said property to an urban density and therefore desires the services of a municipal sewer and community water supply; and WHEREAS, it is in the best interests of the Flathead County and the City of Kalispell and their citizens, that water duality of the shared aquifer be protected by the connection to and utilization of a municipal sewer by Kelsey Subdivision; and WHEREAS, Kelsey Subdivision is located within such proximity to the Evergreen Sewer District that it may be served by the Evergreen Sewer District which. is A -customer of the City of Kalispell municipal sewer system and contractually provided with an allotment of sewer capacity and which conveys its sewerage to the City ofKalispell municipal sewer system; and WHEREAS, the City of Kalispell may agree to allow Kel.sey;Subdivision to convey its sewage through the Evergreen Sewer District conveyance system with requiring the Evergreen Sewer District to assign such sewerage to its own contract al capacity; and WHEREAS, it is in the best interests of the City of Kalispell that if Kelsey Subdivision is allowed to utilize the sewer utilities of the :.City via the Evergreen Sewer conveyance system, it should construct such sewer mfra.strueture in compliance with City and Evergreen standards and convey ownership, of the development's sewer system to the City. NOW, THEREFORE, BE IT AS FOLLOWS: SECTION I. CITY COUNCIL OF THE CITY OF KALISPELL the City of Kalispell directs the City Manager to provide the necessary en consent to Kelsey Subdivision and the Evergreen Sewer District )ring the construction of sewer lines serving the Kelsey Subdivision that connect to the mains or services of the collection system operated by the Qreen Sewer District. That the above -described written consent clearly indicate that it is the City's position, based upon its existing Interlocal Agreement with the Evergreen Sewer District, that ownership of the sewer system that is developed within the Kelsey Subdivision shall, at the time it is connected to the Evergreen District Sewer system, be conveyed to the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF SEPT 4NAEB�;004. Pamela B. Kenned :r ATTEST Mayor .= Theresa White City Clerk