Resolution 3149 - Emergency Water Rate and RegulationsM
RESOLUTION NO. 3149
AN EMERGENCY RESOLUTION SPECIFYING WATER RATE AND WATER REGULA-
TION MODIFICATIONS TO BECOME EFFECTIVE UPON PUBLIC SERVICE
COMMISSION APPROVAL AND DIRECTING APPLICATION TO THE PUBLIC
SERVICE COI�U4ISSION FOR APPROVAL THEREOF.
WHEREAS, engineering studies and accounting projections
prepared for and accepted by the City of Kalispell, Montana,
projects a need for extension, expansion, repair and improvement
of facilities for the provision of -water to inhabitants of the
City of Kalispell, Montana; and
WHEREAS, the rates and charges in effect at the present time
are not adequate to provide revenues with which to accomplish the
extention, expansion, repair and improvement of said facilities,
and defray increased costs of operation of said facilities; and
. WHEREAS, certain water regulation presently in effect require
modification consistent with operations of the city of Kalispell,
Montana, administration under the Mayor -Council form of government;
and
WHEREAS, the provision of said extension, expansion, repair
and improvement of said facilities is essential to the immediate
preservation of the public's health; and provison therefore
cannot be undertaken until the City has in effect rates, charges
and regulations adequate to assure the funding thereof; that such
rates, charges and regulations must, before taking effect, be
approved by the Public service Commission of the State of Montana
under the provisions of Section 70-113, Revised Codes of Montana,
1947, as amended; that the time necessary to enable the Public
Service Commission to comply with the law in respect of noticing
rate and regulation modification applications for hearing, hear-
ing the same and entering its findings thereon; that budgetary
requirements respecting commencement of extension, expansion,
repair and improvement of said facilities contemplate such rates,
charges and regulations becoming effective by July 1, 1978,
warrant deeming the circumstances hereinabove described comprise
an emergency, and this resolution be deemed an emergency measure,
to enable the City to proceed as expeditiously as possible to
accomplish the objectives hereinabove recited; and
WHEREAS, the exact limits of the City's established service
area has never been determined and, from time to time, the City's
responsibilities for water service to certain parcels of property
outside the City limits has been the subject of controversy, and
to facilitate making decisions in such cases, the City Division
of Public Works has prepare�!,. a map reflecting a proposed perimeter
of the City's water service �rea.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KALISPELL, MONTANA:
1. That, subject to the provisions of paragraph 3 of this
resolution, the schedule of rates, charges and regulations pro-
posed in Exhibit A annexed hereto and by this reference incorpor-
ated herein, Shd11 be ddopted and published as the rates, Charges
and regulations governing operations of the City of Kalispell,
Montana, Water Utility, effective forthwith.
2. The Mayor and Clerk of the Council are authorized and
Lirected to apply to the Public Service Commission of the State
Df Montana for approval of the rates, charges and regulations set
forth in Exhibit A of the resolution. The Mayor and all other
officials, employees and representatives of the City of Kalispell are
authorized and directed to do all things necessary or convenient
to accomplishing the objectives of this resolution and reasonable
costs and expenses therefor shall be a proper expense of the
City.
3. That the rates, charges and regulations set forth in
Exhibit A hereof shall not become effective in any event until
the Public Service Commission of the State of Montana has finally
approved the same pursuant to law and established an effective
date therefor.
4. Said application to the Public Service Commission shall
also contain a request for a determination of the limits of the
City's water service area.
PASSED ffirmat4ve v e of the entire City Council of the
Mc)2,A
tana, n
City of Ka s 11, this 5TH day of December
g9 cy r)
1,97 7, so,
a emer ution effective upon passage her�of.
Mayor
I, the undersigned, City Clerk of the City of Kalispell certify that the foregoing
is a true copy of the Resolution duly passed by the City Council of the City of
Kalispell, Montana at a regular meeting held the 5th day of December 1977.
City ClerVof the City of Kalispell, MT
By
Depaty Ci, y Clerk
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M
I DEPARTMENT OF PUBLIC SERVICE REGULATION
2 MONTANA PUBLIC SERVICE COMMISSION
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4 In the Matter of the Petition of Docket No.
the CITY OF KALISPELL, MONTANA,
5 for Approval of Kalispell, Montana PETITION TO ADOPT WATER
Water Utility Ratest Charges and UTILITY RATES, CHARGES
6 Regulations AND REGULATIONS
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8 TO THE DEPARTMENT OF PUBLIC SERVICE REGULATION, MONTANA PUBLIC
SERVICE COMMISSION:
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The petition of the City of Kaligpell,,Montana, respectfull
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E;hows.-
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12 1. 1 That applicant is a municipal corporation operating tht
13 Kalispell Water Utility, furnishing wa . ter to its customers in
14 Lccordance with a schedule of rates, charges and regulations
joverning said utility, previously approved by and on file with
�his Commission.
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17 2. Applicant proposes to . amend and change the said sched-
ale of rates, charges and regulations, in accordance with the
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schedule of rates, charges and regulations as set forth in
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20 Exhibit "A" appended hereto, and which by this reference are
incorporated herein.
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3. Consistent with the provisions of §70-113, 1947 Revise,�"
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Codes of Montana as amended, applicant hereby applies for appro-
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val by this Commission of the said proposed rates, charges and
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regulations.
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4. Applicant further requests the Public Service Commis-
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sion establish and determine the outer perimeter of applicant's
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service area. Applicant does propose said perimeter be in accorcl
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with the map attached hereto, designated as Exhibit "B" and by
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:his reference'made a part hereof.
so
WHEREFORE, applicant respectfully requests this application
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be noticed, assigned for hearing and heard in accordance with law
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in such cases made and provided; and that in due course this
Commission enter an order finally approving and'establishing the
effective date of the rates, charges and regulations and service
area designation, proposed in this application; and for such
other and further relief as to the Commission shall seem equitable
in the premiP4 2
CITY OF KALISPELL
By -.
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f, -