HomeMy WebLinkAboutResolution 2732 Establishing procedure for vacation of streets and alleys: 1-12-88
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COMMISSION RESOLUTION NO.
2732
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING THE PROCEDURE FOR THE
VACATION OF ANY STREET, ALLEY OR PORTION THEREOF.
WHEREAS, the City Commission of the City of Bozeman,
Montana, has a duty to protect the public's interest in streets
and alleys; and
WHEREAS, the City Commission, from time to time,
is
petitioned to vacate public streets and alleys or portions
thereof which requires the City to expend time and manpower to
determine if said vacation can be accomplished without detriment
to the public interests; and
WHEREAS, the City Commission is authorized by 57-14-104
Montana Code Annotated (MCA) to assess the petitioning landowner
for reimbursement of the costs incurred by the City in
considering the petition to vacate a streets or alleys.
NOW, THEREFORE, be it resolved by the City Commission of the
City of Bozeman, Montana, that the following
procedure is to be
implemented and used in all future requests to vacate streets
and
alleys.
1. Petition to vacate any street or alley or portion
thereof within the City shall be filed along with three (3 )
copies thereof with the Clerk of the City Commission on a form
provided by the City and obtained from the City Engineer's
Office. Before the petition to vacate will be considered, it
must be properly and completely filled out and contain, at a
minimum, the following information:
a. Name, address, telephone number of the petitioner.
b. Addresses of all abutting property owners and a statement as
to whether they consent or not.
c. A diagram setting forth the location of the
street or alley
sought to be vacated in relationship to other city streets,
showing the ownership interests of all abutting landowners,
showing all structures and fixtures, and utilities.
d. A statement as to whether the street, alley is in actual
existence or appears only on a plat or other recorded document.
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e. A title report showing all ownership interest in property
abutting the proposed vacation.
f. Written comments from all public and private utilities,
stating at a minimum that the consent, consent with conditions,
or object to the vacation.
2. Upon filing the petition with the requisite number of
copies with the City Clerk, the petitioner shall pay at the
same
time an application fee as determined by commission resolution
which application fee shall be determined by taking into
consideration such items as the cost of publication of notice,
review by Engineering, inspection, filing
fees and administrative
costs.
3. Copies of the petition shall be circulated for review
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and comment by the staff not later than the next working day.
4 . Staff review time shall not exceed fifteen
(15) working
days. Upon completion of review and submission of written
comments, the City Manager may call a conference of city staff to
discuss the petition. Any such staff conference shall
be called
and convened within the fifteen (15 ) day
review period. At the
conclusion of the review period, the petition shall be placed
upon the first available City Commission agenda for acknowledging
the receipt thereof and for setting a public hearing on said
petition.
S. The staff shall present to the City Commission its
written recommendations. The recommendation shall include as a
minimum, the following information:
a. Impact on private and public utilities;
h. impact on traffic, both existing and future;
c. impact on accessibility, both existing and future;
d. impact on fire and police;
e. impact on services, i.e. , garbage collection,
ambulances,
etc.
f. alternatives to vacation, i.e., use permits,
encroachment
permits, licenses, contracts and deed;
6 . The Commission at or after the commission meeting at
which the public hearing is held, after considering the staff
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recommendations and the public input, may take any of the
following action:
a. Deny the petition.
b. Approve the petition.
c. Approve the petition with condition.
d. Approve an alternative to the vacation.
e. Allow the petition to be withdrawn.
f. Allow any other action that is in the best interests of the
public.
PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular and stated session of said City
Commission on this ...1L day of December , 1988.
ATTEST:
f1;-L.-1u~
Clerk of the Commission
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