HomeMy WebLinkAboutResolution 2991 Intent to annex Middle School District, see Res. 2955
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COMMISSION RESOLUTION NO. 2991
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE ANNEXATION PROCEDURE IN PART 43,
CHAPTER 2, TITLE 7, MONTANA CODE
ANNOTATED, TO BE
APPROPRIATE TO THE CIRCUMSTANCES FOR THE ANNEXATION OF A
CERTAIN CONTIGUOUS TRACT OF LAND INTO THE CORPORATE LIMITS
OF THE CITY OF BOZEMAN, HEREIN KNOWN AS THE MIDDLE SCHOOL
PROPERTY ON SOUTH THIRD A VENUE AND MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, Bozeman School District No.7 submitted, on December 9, 1993, a
written application for annexation of contiguous land known as the Middle School property
on South Third Avenue into the City of Bozeman; and
WHEREAS, this contiguous land is more particularly described as follows:
A tract of land located in the southwest one-quarter of the southeast one-
quarter of Section 24, Township 2 South, Range 5 East, Montana Principal
Meridian, which is on file and of record in the Office of the Clerk and
Recorder, Gallatin County, Montana. Said tract is more particularly
described as follows:
Beginning at Corner NO.1 of said parcel, which is identical with the south
quarter corner of Section 24, and is marked with a marked sandstone post;
thence, from Corner 1, North 00013'30" East along the west line of the
southeast quarter of Section 24 a distance of 990.06 feet to Corner No.2,
which is marked with a brass capped iron monument; thence, from Corner
No.2, North 89037' 13" East a distance of 1264.61 feet to Corner No.3,
which is marked with a brass capped iron monument on the west right-of-
way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence
from Corner No.3, South 00008'05" West along the said west right-of-
way line a distance of 990.04 feet to Corner No.4, which is marked with
a brass capped iron monument on the south line of the southeast quarter
of Section 24; from Corner No.4 the southeast corner of the southwest
quarter of the southeast quarter of Section 24 which is marked with a
county cast iron monument, bears North 89037'13" East a distance of
63.33 feet; thence from Corner No.4, South 89037'13" West along the
south line of the southeast quarter of Section 24 a distance of 1266.17
feet to Corner No.1; and
WHEREAS, an annexation staff report was prepared and submitted to the
Commission, and the Commission has duly reviewed and considered said written annexation
staff report; and
WHEREAS,on February 22, 1994, the City Commission of the City of Bozeman,
pursuant to the annexation procedures of Title 7, Chapter 2, Part 43 of the Montana Code
Annotated, passed Commission Resolution No. 2955, declaring its intention to annex said
land into the City of Bozeman and set a public hearing for March 21, 1994; and
WHEREAS, the public hearing was opened on March 21, 1994 and, pursuant to the
School District's request, continued until April 18, 1994; and
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WHEREAS, on April 18, 1994, the public hearing was continued pursuant to School
District's request; and
WHEREAS, on May 10, 1994, the School District submitted an annexation
application requesting annexation of said land under Title 7, Chapter 2, Part 44 of the
Montana Code Annotated; and
WHEREAS, on May 19. 1994, the City requested that the School District explain
why it desired to proceed under a Part 44 annexation instead of under Part 43 annexation,
the City's normal annexation procedure; and
WHEREAS, the School District has not provided any reasons why the City's normal
annexation procedure under Part 43 is not the most appropriate annexation procedure; and
WHEREAS, proceeding under the annexation procedure in Part 43, Chapter 2, Title
7 of the Montana Code Annotated for annexation of said property is in the best interests of
the citizens of Bozeman.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That it is hereby declared that the annexation procedure of Part 43, Chapter 2, Title
7 of the Montana Code Annotated is the appropriate procedure for the annexation of the
Middle School property described above and hereby selects the Part 43 annexation procedure
for the annexation of said contiguous land.
Section 2
That the public hearing set by Commission Resolution No. 2955, and subsequently
continued, is to be held in the Commission Room in the Municipal Building of said City on
the 15th day of August 1994, at 7:00 p.m.
Section 3
That the Clerk of the City Commission is directed to notice the recheduling of the
continued public hearing, as follows:
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 tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle, at
least once a week for two successive weeks.
.2.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 25th day of July 1994.
c!JC/'7 Ir ~ /~~
DON E. STUECK
Mayor Pro Tempore
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 25th day of July 1994, Commission Resolution No. 2991 was duly and
regularly passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING THE ANNEXATION PROCEDURE IN PART 43.
CHAPTER 2. TITLE 7. MONTANA CODE ANNOTATED, TO BE APPROPRIATE
TO THE CIRCUMSTANCES FOR THE ANNEXATION OF A CERTAIN
CONTIGUOUS TRACT OF LAND INTO THE CORPORATE LIMITS OF THE CITY
OF BOZEMAN, HEREIN KNOWN AS THE MIDDLE SCHOOL PROPERTY ON
SOUTH THIRD AVENUE AND MORE PARTICULARLY DESCRIBED HEREIN.
The 28.759 acres of real property proposed for annexation by Bozeman School District
NO.7 is bounded on the east by South Third Avenue and vacant undeveloped land on the west,
north and south. in the County of Gallatin, State of Montana. is as follows:
A tract of land located in the southwest one~quarter of the southeast one~
quarter of Section 24, Township 2 South, Range 5 East, Montana Principal
Meridian, which is on file and of record in the Office of the Clerk and Recorder,
Gallatin County, Montana. Said tract is more particularly described as follows:
Beginning at Corner No. 1 of said parcel, which is identical with the south
quarter corner of Section 24, and is marked with a marked sandstone post;
thence, from Corner 1, North 00013'30" East along the west line of the
southeast quarter of Section 24 a distance of 990.06 feet to Corner No.2,
which is marked with a brass capped iron monument; thence, from Corner No.
2, North 89037'13" East a distance of 1264.61 feet to Corner No.3. which
is marked with a brass capped iron monument on the west rightMof~way line
of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence from Corner
No.3. South 00008'05" West along the said west right~of~way line a distance
of 990.04 feet to Corner No.4, which is marked with a brass capped iron
monument on the south line of the southeast quarter of Section 24; from
Corner No.4 the southeast corner of the southwest quarter of the southeast
quarter of Section 24 which is marked with a county cast iron monument,
bears North 89037' 13" East a distance of 63.33 feet; thence from Corner No.
4, South 89037'13" West along the south line of the southeast quarter of
Section 24 a distance of 1266.17 feet to Corner No.1.
The continued public hearing shall be held on Monday, August 15, 1994, at 7:00 p.m.
in the Commission Room of City Hall, at 411 East Main Street, Bozeman, Montana, for the
purpose of hearing testimony in support of or in opposition to the annexation of the above~
described real property.
DATED this 26th day of July 1994.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Wednesday, July 27, 1994
Wednesday, August 3, 1994