Resolution 5105 - Allowing Bernard's Park Subdivision to Connect to Evergreen Sewer DistrictRESOLUTION NO.5105
A RESOLUTION REGARDING THE PROVISION OF MUNICIPAL SEWER
SERVICES TO LOTS 3 AND PORTIONS OF LOTS 4,5 AND C OF BERNARD'S PARK
SUBDIVISION.
WHEREAS, Gerard Gilbert owner of that certain real property located outside municipal
boundaries and in Flathead County, Montana and more particularly described as
Lots 3 and portions of Lots 4, 5 and f of Bernard's Park subdivision, according to
the map or plat thereof of record in the Office of the Clerk and Recorder, Flathead
County, Montana, and hereafter referred to as "Bernard's Park", seeks to develop
said property to an urban density and therefore desires the services of a municipal
sewer; and
WHEREAS, pursuant to the terms of the interlocal agreement between the City of Kalispell
and the Flathead County Sewer District No. 1, Gerard Gilbert has made his
request to the City of Kalispell for permission to connect Bernard's Park to the
Evergreen sewer conveyance system; and
WHEREAS, Bernard's Park is located wholly outside the city limits of Kalispell and wholly
outside the Evergreen Sewer RSID boundaries but within such proximity to the
Evergreen sewer conveyance lines that it may be feasibly served by the Evergreen
sewer conveyance system; and
WHEREAS, by Resolution No. 5103 the City established an interim policy approving the
usage of the Evergreen sewer conveyance lines for properties outlying the
Evergreen RSID, such as Bernard's, so long as such usage does not increase the
total daily flow used by all such properties to more than 100,000 gallons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The Kalispell City Manager is authorized to give the City's permission. to
Bernard's Park to connect to the Evergreen Sewer District so long as the
following conditions are met:
1. The sewer gallon flow requirements of the subdivision must not
increase the total daily flow through the Evergreen sewer conveyance
system used by all properties outlying the Evergreen RSID to more that
100,000 gallons per day; and
2. The landowner must agree to construct the sewer infrastructure in
compliance with City and Evergreen standards and with necessary stub -
out facilities to meet :future connection requirements; and
3. The landowner must execute waivers of right to protest annexation
for all parcels; and
4. The landowner must 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.
5. City of Kalispell and Evergreen must enter into an agreement
stipulating that in the event that the City of Kalispell ever serves the
subdivision with a separate sewer conveyance system, thereby severing
from the Evergreen sewer conveyance system, the ownership of lines
within the subdivision shall 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 27" DAY OF MARCH, 2006.
Pamela B. Kenned
Mayor
ATTEST:
Theresa White
City Clerk