Resolution 5072 - Kelsey Subdivision - Municipal Sewer ServicesRESOLUTION No, 5072
A RESOLUTION REGARDING THE DEVELOPMENT of KELSEY SUBDIVISION
AND PROVISION OF MUNICIPAL SEWED. SERVICES THERETO.
WHEREAS, the owner of that certain real property located outside municipal boundaries and
in Flathead County, Montana and more particularly described as Assessor's Tract
located in Section 2, Township 29 North, Range 21 West, and hereafter
referred to as '--Kelsey S hdivis. on.", seeks to develop said property to an urban
density and has therefore applied for and received approvals to construct a Type-2
Septic system; and
WHEREAS, the Kalispell City Council is concerned that such septic systems may have the
potential to critically compromise the ground water quality of Flathead valley and
therefore believes that it is In the best interests of the citizens of Kalispell that
developments of urban density that could negatively impact local groundwater
quality be served by municipal sewer treatment; and
WHEREAS, some, but not all, parcels of the Kelsey Subdivision are located within the
Evergreen Sewer RSID which is a customer of the City of Kalispell. municipal
sever system and which conveys its sewerage to the City of Kalispell municipal
sewer system; and
WHEREAS, pursuant to its agreement with Flathead County, the City of Kalispell may agree
to allow those parcels of the Kelsey Subdivision outside the Evergreen Sever
RS.1D to convey its sewerage through the Evergreen Sewer conveyance system
without requiring the Evergreen Sewer RSID to assign such sewerage to its oven
contractual capacity; and
WHEREAS, since a portion of Kelsey Subdivision is within the Evergreen Sewer District
RSID and is therefore contractually eligible for connection to municipal serer
services through the Evergreen Serer conveyance system, the City of Kalispell
should, subject to certain qualifications, allow that portion of the Kelsey
Subdivision outside of the Evergreen Sewer RSID to also connect to the same
municipal sewer services; and
WHEREAS, in the event that the owner of Kelsey Subdivision applies to connect the
subdivision to the Evergreen Sever conveyance system, it is in the hest interests
of the City of Kalispell to allow all parcels of Kelsey Subdivision to utilize the
surer treatment facilities of the City via. the Evergreen Sever conveyance system,
on the conditions that such surer infrastructure be constructed in compliance
with City and Evergreen standards; and 2 the owner and developer of Kelsey
Subdivision execute waivers of right to protest annexation for a]J parcels; and 3
the owner and developer of Kelsey Subdivision enter into a developer's
agreement with the City of Kalispell in which the parties agree that the
subdivision shall be developed to City of Kalispell Urban Construction and
Design Standards; and 4 that the City of Kalispell and Fathead County eater into
an agreement stipulating that in the event that the City of Kalispell ever serves the
Kelsey Subdivision with a separate sever conveyance system, thereby severing;
from the Evergreen Sewer conveyance system, the ownershipowneirship of the sever lines
within the subdivision shall be conveyed to the City.
NOW, THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL of THE CITY of
KALISPELL AS FOLLOWS:
SECTION 1. That in the event the owner of Kelsey Subdivision rakes such application.,
the City of Kal.sell directs the City Manager to provide the necessary
written consent to Kelsey Subdivision and to Flathead County and
Evergreen Sever RSID approving the construction of sewer lines serving
the Kelsey Subdivision to connect to the rains or services of the
collection system operated by the Evergreen Sever RSID.
SECTION ON 1. That the above -described written consent clearly indicate that the
conditions of the consent are that 1 such sewer infrastructure be
constructed in compliance with City and Evergreen standards; s; and 2 the
owner and developer of Kelsey Subdivision execute waivers of right to
protest annexation for all parcels; and 3 the owner and developer o
Kelsey Subdivision eater into a developer's agreement with the City o
Kalispell in which the parties agree that the subdivision shall be developed
to City of Kalispell Urban Construction and Design Standards; and 4 that
the City of Kalispell and Flathead County enter into an agreement
stipulating that in the event that the City of Kalispell ever serves the
Kelsey Subdivision with a separate sewer conveyance system, thereby
severing from the Evergreen Sewer conveyance system,, the ownership o
the sewer lines within the subdivision shall be conveyed to the City.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE CITY of KALISPELL,, THIS 17TH DAY OF OCTO 2004.
Pamela B. Kenned
Mayor
ATTEST:
Theresa White
City Clerk