HomeMy WebLinkAboutResolution 3875 Intent to annex Louis, Burden, Secor, Campbell tracts, again
COMMISSION RESOLUTION NO. 3875
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE
PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE
CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman a written
application from William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell, owners of
the tracts sought to be annexed herein, requesting the City Commission to extend the boundaries of the
City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana, certain
contiguous tracts of land lying along the west side of Thomas Lane, north of Baxter Lane; and
WHEREAS, the legal description of these contiguous tracts, in the County of Gallatin, State of
Montana, is as follows:
Lots 1, 4, 5, 6, and 7, Baxter Lane Subdivision No.1, located in the EYz of the EYz of
the SW~ of Section 35, T1 S, R5E, P.M.M., Gallatin County, Montana; and
WHEREAS, these tracts contain a total of 4.55:t acres of land, more or less, along with and
subject to all existing easements of record or of fact; and
WHEREAS, the above-described tracts are the subject of plats or Certificates of Survey, filed
in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared and submitted to the Commission;
and
WHEREAS, the Commission has duly reviewed and considered said written annexation staff
report; and
WHEREAS, prior to annexation, an agreement between the City and the owners of said tracts
addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights
of way, easements, traffic signals, water rights or cash-in-lieu, waivers of right to protest creation of SIOs,
impact fees, and water and sewer hookup fees, to said contiguous tracts and other parcels directly
affected or impacted by this annexation, shall be fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tracts hereinbefore described to extend the boundaries of the
City of Bozeman so as to include said contiguous tracts of land hereinbefore described within the
corporate limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services to the
contiguous tracts hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the real property owners of the tracts, that it is in the best interests of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tracts that the boundaries of said
City of Bozeman be extended so as to include the contiguous tracts hereinbefore described within the
boundaries and corporate limits of the City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Community Room in the Gallatin County Courthouse of said City on the 19th day of December 2005, at
7:00 p.m., is hereby designated as the time and place at which comments in favor of or opposed to the
annexation of the property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the City Clerk shall:
a. Immediately notify in writing, addressed to the address to which tax notices
are sent, all owners and purchasers under contract for deed of the property in said
contiguous tracts to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle, the
newspaper nearest the parcels of land to be embraced within the corporate limits and
boundaries of the City of Bozeman, at least once a week for two successive weeks.
Section 4
The notice to be given by the City Clerk shall be to the effect that such resolution has been duly
and legally passed, and that the City Clerk will receive written comments of approval or disapproval of
the proposed extension of the boundaries of the City of Bozeman from real property owners of the area
proposed to be annexed, and that the written comments, if any, must be filed with the City Clerk not later
than 5:00 p.m. on Wednesday, December 14,2005.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 21 st day of November 2005.
ATTEST:
tlJi~~
City Clerk
- 2 -