Resolution 5031 - Resolution of Intent - Annex Leisure DriveRESOLUTION NO.5031
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KAI,ISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A.
(ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING A
ROADWAY CONTAINING PLATTED TRACTS OF LAND, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK TO PROVIDE NOTICE
OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING.
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
roadway containing platted tracts of land encompassed in Exhibit "A" attached hereto
and for purposes of this Resolution made a part hereof, be annexed to the City of
Kalispell, so that the boundaries of the City of Kalispell would be extended so as to
include the same within the corporate limits of the City; and
WHEREAS, the City of Kalispell desires to annex the property to the City limits under the
provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of
Contiguous Government Land); and
WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7,
Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which
anticipated development of City services (including the annexation of roadways)
approximately five years in the future, said Plan being amended on the lst day of
March, 1999, and
WHEREAS, the Kalispell City Council shall on the 6th day of September, 2005, held a Public
Hearing, pursuant to MCA 7-2-406, to hear all persons and things relative to the
proposed annexation of the territory described in Exhibit "A" in accordance with the
Kalispell Zoning Ordinance, in the event the territory is annexed to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell that certain territory
described in Exhibit "A", be embraced within the corporate limits of
the City and the boundaries of the City be so extended so as to
include the same.
SECTION II. That it is further the intention of the City of Kalispell that said
property described in Exhibit "A" be zoned in accordance with the
Kalispell Zoning Ordinance, Ordinance No. 1460, as amended.
SECTION IIL The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks.
SECTION IV. For a period of twenty days after the first publication of said notice by
the City Clerk, said City Clerk will receive expressions in writing of
the approval or disapproval of the proposed extension of the
boundaries of said City of Kalispell.
SECTION V. At the September G, 2005 meeting of the City Council of the City of
Kalispell, the City Clerk shall forward all written communication
received by said Clerk for Council's consideration.
SECTION VI. The City Council, after considering all written communication, may
adopt a resolution approving the annexation and the boundaries of the
City shall thereby be extended to include the property described in
Exhibit "A".
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 18TH DAY OF JULY, 2005.
r
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amela B. Kenne
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Leisure Drive
That portion of Leisure Drive in the Northwest 1/4 of the Northwest 1/4 in Section 21, Township
28 North, Range 21 West, Principal Meridian, Montana, as shown on the Plat of Leisure Heights
No. 1, File No. 2-12 recorded in the records of Flathead County Clerk and Recorder office on
10/25/2004 under reception number 2004-309-15450.