Resolution 5103 - Interim 2006 Policy - Evergreen Sewer System UsageRESOLUTION NO.5103
A RESOLUTION ESTABLISHING AN INTERIM 2006 POLICY SETTING FORTH
THE TERMS OF USAGE OF THE EVERGREEN SEWER CONVEYANCE SYSTEM
BY PROPERTIES OUTLYING THE FLATHEAD COUNTY SEWER DISTRICT NO. 1
RSID NO. M.
WHEREAS, it is in the best interests of the Flathead County, the City of Kalispell and their citizens
and all others living in the Upper Flathead River Basin, that water quality of the shared
aquifer be protected by the utilization of municipal sewer whenever reasonably feasible;
and
WHEREAS, the City of Kalispell and Flathead County entered into an interlocal agreement on
July 25, 1990 in which the parties agreed to certain terms allowing the Evergreen
sewer conveyance system of Flathead County Sewer District No. 1 [Evergreen] to
convey its sewage to the Kalispell City Wastewater Treatment Plant [WWTP] for
treatment; and
WHEREAS, the terms of the above -described interlocal agreement established the upper limits
of sewage flow that Evergreen is allowed to convey to the Kalispell WWTP from
within its RSID and further provides that any properties outside of the Evergreen
RSID boundaries wishing to utilize the Evergreen conveyance system must first
obtain permission to do so from the City of Kalispell; and
WHEREAS, various property owners outlying the Evergreen RSID boundaries but within 500
feet of the Evergreen sewage conveyance system are requesting municipal. sewer
services for urban density development. These property owners are restricted by
the State of Montana from such urban density development without municipal
sewer service, unless such service is denied to them; and.
WHEREAS, the City of Kalispell is currently conducting a facility plan study in this
geographical area for the purpose of determining the best design for providing
utilities to the area and will have such study available for planning before the end
of the calendar year; and
WHEREAS, the City of Kalispell wishes to reasonably provide a policy and plan for providing
municipal sewer service for the above -described demand for the interim period
until such future facility and extension of services plan is completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. It shall be the policy of the City of Kalispell that it approve the usage of up
to a total of 100,000 gallons of sewage per day conveyed through the
Evergreen sewage conveyance system from properties located outside of
the Evergreen RSID with such sewer service provided to those properties
in which the owner agrees to l) construct the sewer infrastructure in
compliance with City and Evergreen standards and with necessary stub -
out facilities to meet future connection requirements; and 2) execute
waivers of right to protest annexation for all parcels; and 3) 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. This sewer service is further
conditioned upon the City of Kalispell and Evergreen entering 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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 27" DAY OF MARCH, 2006.
ATTEST:
Theresa White
City Clerk