HomeMy WebLinkAboutResolutions 5565 - Determining that Conditions Do Not Exist for the Creation of a Housing Authority
RESOLUTION 5565
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ACKNOWLEDGING
RECEIPT OF PETITION AND DETERMINING THAT CONDITIONS DO NOT EXIST FOR THE CREATION OF A
HOUSING AUTHORITY IN THE CITY OF BOZEMAN, MONTANA, AND DENYING THE PETITION
Whereas, on July 8, 2023, a petition (“Petition”) was received by the Bozeman City Clerk
(“Clerk”), requesting the City Commission of the City of Bozeman, Montana (“Commission”) determine
the need for a Municipal Housing Authority in the City of Bozeman, Montana, under the provisions of Title
7, Chapter 15, Parts 44 and 45, MCA; and
Whereas, on August 14, 2023, the Bozeman City Clerk certified the Petition contained the
signatures of at least 25 residents of the city of Bozeman and the surrounding area; and
Whereas, pursuant to 7-15-4404, MCA, the City Clerk gave notice of a public hearing, which
was published as provided in 7-1-4127, MCA, in the Bozeman Daily Chronicle on December 2nd, and
December 19th, 2023, stating the time, date, place, and purpose of the public hearing; and
Whereas, pursuant to 7-15-4405, MCA, a public hearing was held on December 12, 2023, at 6:00
PM at Bozeman City Hall where an opportunity was provided to all residents and taxpayers of the city
of Bozeman and the surrounding area and to all other interested persons to provide comment on the
need for a municipal housing authority in the city of Bozeman and surrounding area; and
Whereas, pursuant to 7-15-4406(1), MCA, upon the completion of the public hearing, the
Commission was required to determine (a) whether unsanitary or unsafe inhabited dwelling
accommodations exist in the city and the surrounding area; and/or (b) whether there is a lack of safe or
sanitary dwelling accommodations in the city and surrounding area available for all the inhabitants
thereof; and
Whereas, pursuant to 7-15-4407, MCA, in determining whether dwelling accommodations are
unsafe or unsanitary, the Commission shall take into consideration the following:
1. The physical condition and age of the buildings;
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2. The degree of overcrowding;
3. The percentage of land coverage;
4. The light and air available to the inhabitants of such dwelling accommodations;
5. The size and arrangement of the rooms;
6. The sanitary facilities; and
7. The extent to which conditions exist in such buildings which endanger life or
property by fire or other causes.
; and
Whereas, 7-15-4406(3), MCA, requires that upon determination that neither of the above-
enumerated conditions exist, the Commission shall adopt a resolution denying the petition.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to
wit:
Having considered public comment and adopting the findings in the staff memorandum dated
December 12, 2023, and incorporating the findings made by the Commission, the Commission
determines that neither of the conditions stated in 7-16-4406, MCA, exist and hereby denies the
Petition and declines to authorize the creation of a municipal housing authority for the city of
Bozeman and the area surrounding the city of Bozeman.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 19th day of December, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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