HomeMy WebLinkAbout014.07 - Appendix Q.1 - Draft Roadway Resolution
DRAFT
RESOLUTION XXXX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CREATION & ESTABLISHMENT OF RIGHT-OF-
WAY FOR A CITY STREET AND UTILITIES ACROSS CITY PROPERTY LOCATED AT
THE STORY MILL PARK
WHEREAS, pursuant to § 7-14-4101, MCA, the City Commission has the power to lay out,
establish, open, alter, widen, extend, grade, pave, or otherwise improve streets within the City; and
WHEREAS, in November 2012, the citizens of Bozeman approved Resolution 4386
authorizing the City pursuant to § 76-6-109, MCA, to sell and issue general obligation bonds in the
manner and within the limitations prescribed by applicable laws of Montana for the purpose of
acquiring and improving open-space land and other property consistent with the provisions of the
Open Space Land and Voluntary Conservation Easement Act (“the Act”) (Title 76, Chapter 6, Part
1, MCA). § 76-6-104, MCA defines open-space land as any land that is provided or preserved for:
park and recreational purposes; conservation of land or other natural resources; historic or scenic
purposes; or assisting in the shaping of the character, direction and timing of community
development; and
WHEREAS, in March 2014, the City Commission approved Resolution 4517 to fund the
Story Mill Park with monies within the Trails, Open Space and Parks Bond Fund created following
the passage of Resolution 4386, and the Commission determined the Story Mill Park project to fulfill
the intent, findings, policy and purposes of the Act and designated the real property acquired with the
funds as open space land for the purposes of compliance with the Act; and
WHEREAS, the City Commission determines using a portion of open space lands at the
Story Mill Park to provide for adequate right-of-way for the construction of Stockyard Way is
consistent with the approved uses of open space land specifically with assisting in the shaping of the
character, direction and timing of community development and therefor consistent with the original
purpose, dedication and funding of the property.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
The City Commission hereby establishes and creates a public street and utility right-of-way across a
portion of open space land at the Story Mill Park for Stockyard Way, as generally described in
EXHIBIT A, attached hereto and made a part hereof. The City Commission provides authorization
to establish said right-of-way with the understanding that EXHIBIT A is a depiction of the portion
of the Story Mill Park needed to accommodate construction of Stockyard Way.
Section 2
This Resolution is to be recorded in the records of the Gallatin County Clerk and Recorder.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the day of , 20
_____________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_____________________________________
GREG SULLIVAN
City Attorney