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Resolution 5331 - Finding Public Need - Mitigation of Airport Hazard Created by KGEZ TowersRESOLUTION NO.5331 A RESOLUTION FINDING A PUBLIC NEED FOR THE MITIGATION OF THE AIR HAZARD CREATED BY THE KGEZ RADIO TOWERS AND SETTING FORTH THE DIRECTION OF THE KALISPELL CITY COUNCIL TO ESTABLISH THE VALUE OF RELOCATING OR REMOVING THE TOWERS, TO MAKE A FORMAL OFFER. AND TO CONSIDER CONDEMNATION. WHEREAS, the Kalispell City Airport has existed in its current location and served the important air transportation needs of the City of Kalispell for eighty years and continues to be vital to the business and economy of the City and the public; and WHEREAS, approximately 50 years ago the KGEZ radio towers were constructed within the southeast proximity of the Kalispell City Airport without permission from the City, County or State governments; and WHEREAS, the Montana Department of Transportation, Aeronautics Division and the Federal Aviation Administration have each designated the KGEZ radio towers as a Hazard to Aviation; and WHEREAS, pursuant to Title 67, Chapter 7, Montana Code Annotated, the City of Kalispell enacted Ordinance 1573, establishing the Kalispell City Airport Affected Area which provides regulation of airspace protection and land use compatibility with airport operations at the Kalispell City Airport; and WHEREAS, the KGEZ radio towers are located within the Kalispell City Airport Affected Area and subject to the City 3 s regulatory powers; and WHEREAS, the Kalispell City Council acknowledges the designation by the Montana Department of Transportation, Aeronautics Division and the Federal Aviation Administration that the KGEZ radio towers are a Hazard to Aviation and therefore a hazard to the airport operations at the Kalispell City Airport; that air traffic utilization of the Kalispell City Airport has increased dramatically over recent years raising the risk of an air traffic accident and therefore makes the finding that such compromise of the public safety creates the legitimate public need to remove and/or relocate the radio towers out of hazardous air space; and WHEREAS, if it is determined by the Kalispell City Council that it is prudent and timely to pay such costs, the City of Kalispell should make an offer to the owner of the KGEZ radio towers to relocate such towers out of hazardous airspace at no cost to the owner and without any discontinuance or degradation to his radio transmission or, in the alternative, to offer to pay to the owner of the KGEZ radio towers the projected cost to the City of such tower relocation for which the City will receive ownership of the towers and the right to remove them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City Manager is directed to advise the City Council immediately upon receiving the necessary documentation of the projected costs of relocating the KGEZ radio towers. The City Council will then direct the City Manager whether or not to make a formal offer to the owner of the KGEZ radio towers. SECTION II. In the event that the City Manager makes a formal offer to the owner of the KGEZ radio towers and such offer is rejected, the City Council will then determine whether or not it shall direct the filing of a condemnation action in the state District Court. Theresa White City Clerk