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Resolution 4936A - Kelsey Subdivision - Sewer Services - City Owns Lines Upon AnnexationRESOLUTION NO. 4936A 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, Kelsey Subdivision is located partially within the Evergreen Sewer District so that portion 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 of Kalispell municipal sewer system; and WHEREAS, the City of Kalispell .may agree to allow that portion of the Kelsey Subdivision outside of its RSID to convey its sewage through the Evergreen Sewer District conveyance system without requiring the Evergreen Sewer District to assign such sewerage to its own contractual capacity; and WHEREAS, since a portion of Kelsey Subdivision is within the Evergreen Sewer District RSID and is therefore eligible for connection to municipal sewer services through the Evergreen Sewer District conveyance system., the City of Kalispell should allow that portion of the Kelsey Subdivision outside of the RSID to also connect to the same municipal sewer services; and WHEREAS, it is in the best interests of the City of Kalispell that if all of Kelsey Subdivision is allowed to utilize the sewer utilities of the City via the Evergreen Sewer conveyance system, it should construct such sewer infrastructure in compliance with City and Evergreen standards and enter into an agreement with Evergreen in which the Evergreen Sewer District shall agree to convey ownership of the development's sewer system to the City at such time as the City annexes the subdivision into the City of Kalispell; and WHEREAS, it is further in the best interests of the City of Kalispell that if all of Kelsey Subdivision is allowed to utilize the sewer utilities of the City via the Evergreen Sewer conveyance system, the owner and developer of said subdivision should execute a waiver of right to protest annexation and also enter into a developers agreement with the City of Kalispell in which it is agreed by the parties that the subdivision shall be developed to certain urban standards in exchange for the City's agreement to provide municipal sewer services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the City of Kalispell directs the City Manager to provide the necessary written consent to Kelsey Subdivision and the Evergreen Sewer District approving the construction of sewer lines serving the Kelsey Subdivision that will connect to the mains or services of the collection system operated by the Evergreen Sewer District. SECTION II. That the above -described written consent clearly indicate that ownership of the sewer system that is developed within the Kelsey Subdivision shall, at the time it is annexed into the City of Kalispell, be conveyed to the City of Kalispell and that such agreement must be made by the Evergreen Sewer District prior to conveyance of the sewer lines by the owner and developer to the District. SECTION III, That upon the City Manager providing the necessary written consent to the Kelsey Subdivision and the Evergreen Sewer District approving the construction of sewer lines serving the Kelsey Subdivision that will connect to the mains or services of the collection system operated by the Evergreen Sewer District, the owner and developer of said subdivision shall execute a waiver of right to protest annexation and also enter into a developers agreement with the City of Kalispell in which it is agreed by the parties that the subdivision shall be developed to certain urban standards in exchange for the City's agreement to provide municipal sewer services. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 18TH DAY OF OCTOBER 2004. ATTEST Mayor Theresa White City Clerk