HomeMy WebLinkAboutResolution 3628 Procedure to vacate and rename streets
--...--.----
COMMISSION RESOLUTION NO. 3628
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING A RULE OF PROCEDURE FOR THE CHANGE OF NAME
OF STREETS AND THE DISCONTINUANCE, ABANDONMENT OR VACATION OF
STREETS OR ALLEYS.
WHEREAS, on the 12th day of December 1988, the City Commission adopted Commission
Resolution No. 2732 wherein the City Commission determined it has a duty to protect the public's interest
in streets and alleys; and
WHEREAS, the City Commission has, from time to time, adopted or amended rules of
procedure by which certain matters shall be brought before the City Commission; and
WHEREAS, the City Commission has had occasion to consider requests for the change of
name of a street or the discontinuance or vacation of a street or alley; and
WHEREAS, the City Commission has the power to take such action under SS7 -14-4112 and
7-14-4114 MCA; and
WHEREAS, the City Commission is authorized by S7-14-104 MCA to assess the petitioning
landowner for reimbursement of the costs incurred by the City in the process of discontinuing,
abandoning or vacating a street alley or road, including the costs of publication, engineering and site
viewing; and
WHEREAS, adoption of this rule will allow for a more streamlined and consistent process for
handling and considering such requests.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the rules of procedure, as contained in Exhibit "A", attached hereto and by this reference
made a part hereof, is hereby adopted and substituted for the prior rules under Commission Resolution
No. 2732.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 22nd day of September 2003.
s4~. ~F~ Mayor ..II
ATTEST:
~~~~
Clerk of the Commission
EXHIBIT "A"
CITY OF BOZEMAN,
MONTANA
CITY COMMISSION
RULE OF PROCEDURE
FOR CHANGE OF STREET NAME
OR
DISCONTINUANCE, ABANDONMENT OR VACATION OF STREETS OR AllEYS
Adopted September
22, 2003
I. Authority
Montana Code Annotated ~7 -5-4103 provides that the Commission may determine its own rules for its
proceedings. The following outline for consideration of Change of Street Names or Discontinuance,
Abandonment or Vacation of Streets or Alleys shall be in effect upon its adoption by the Commission,
along with the other rules adopted by the Commission previously for the conduct of business generally,
until such time as the outline of the procedure may be amended or new rules adopted.
II. Procedure for Change of Name of Street
A. Petition for Change of Name of Street
i. The Landowner or owners of property abutting a street may
file with Clerk of
Commission a petition, and three (3) copies, requesting a
change of name.
ii. The petition shall be on a form provided by the City
and obtained from the City
Engineer's Office, and shall be properly and completely filled
out
i ii. The information on the petition must contain the following
minimum
information:
a. Name, address,
telephone number of petitioner(s);
b. Addresses of
all abutting property owners and a statement as to
whether they
consent or not;
c. A diagram indicating
the location of the street whose name change
is sought together
with all other streets in relationship to the affected
street. The diagram
shall be no larger than a standard sheet of
paper and shall
be suitable for filing with the County Clerk and
Recorder as an
attachment with the Resolution of Change of Name;
d. A list of all
street names similar to the new name proposed;
e. Written comments
from all public and private utilities indicating
whether they
consent, consent with conditions, or object to the
name change.
iv. At the time of filing the petition with the required
number of copies with the
Clerk of Commission, the petitioner shall pay the application
fee as determined
by commission resolution, which fee shall be determined by
factoring in the
cost of publication of notice, review by Engineering staff,
inspection, filing fees
and administrative costs associated with the petition.
v. Alternatively, the City may, upon its own determination and
judgment, based
upon ~7 -14-4112 MCA or its successor provision, propose
a resolution for the
change of name of street. .
B. Clerk of Commission, upon receipt of the petition or request for resolution from the City,
will place the item on the Consent Agenda acknowledging receipt and directing Petition
or proposed resolution be forwarded to Staff for review
i. Forward to Staff
ii. Staff conducts review, including making initial determination
of whether such
name change is appropriate and in the best interests of the
City and its
inhabitants
iii. Staff notes whether there is an initial indication
of objection and the percentage
of property owners so objecting
A-1
C. Return of Engineering Staff Report
i. The Engineering Staff Report shall be forwarded to the Clerk
along with a
mailing list of all property owners affected by the action.
ii. Clerk prepares Resolution of Intent for action based
on Staff Report
III. Clerk schedules report and Resolution of Intent; including
notice of public
hearing
iv. Clerk publishes notice in Bozeman Daily Chronicle
per 97-1-4127 MCA or its
successor provision and mails notice to the affected property
owners
according to the list provided by the Engineering Department
D. Commission holds public hearing, considers item and makes findings concerning:
I. Whether any objection appears;
a. If an objection,
the percentage of owners of property affected by
change who object
b. If percentage
is greater than 51 %, then objections are supreme in
the matter
c. If percentage
is less than 51 %, then Commission may vote to
approve or disapprove
change
ii. Whether it appears to be in the best interest of the
City to make the change
i ii. Whether there are any public utility easements - decision
shall not affect right
to continue to maintain plant and equipment in affected street
or alley
(97 -14-4115 MCA or successor provision)
E. Commission votes based upon objection or lack of objection
i. If no objection, then upon approval, resolution of intent forwarded to
Engineering to prepare Plat for filing in conformance with
intent to change
name
ii. If objection by 51 % of property owners, matter defeated
i ii. Commission may take any of the following actions:
a. Deny the petition;
b. Approve the petition;
c. Approve the petition
with conditions;
d. Approve an alternative
to the action;
e. Allow the petition
to be withdrawn;
f. Allow any other
action that is in the best interests of the public
F. Engineering, if so directed, prepares Plat depicting name change
G. Plat is forwarded to Clerk of Commission for inclusion on Consent Agenda along with a
Resolution of Change of Name to be prepared by the Clerk with diagram provided by
Petitioner
H. Approved Plat and Resolution of Change of Name is then filed with the County Clerk and
Recorder.
III. Procedure for Discontinuance, Abandonment or Vacation of Streets or Alleys
A. Petition for Discontinuance, Abandonment or Vacation of Street or Alley
i. The Landowner or owners of property abutting a street may
file with Clerk of
Commission a petition, and three (3) copies, requesting discontinuance,
abandonment or vacation of a street or alley, or portion
thereof.
ii. The petition shall be on a form provided by the City
and obtained from the City
Engineer's Office, and shall be properly and completely filled
out
ii i. The information on the petition must contain the following
minimum
information:
a. Name, address,
telephone number of petitioner(s);
b. Addresses of
all abutting property owners and a statement as to
whether they
consent or not;
c. A diagram indicating
the location of the street or alley, or portion
thereof, which
is the subject of the action requested, together with
all other streets
in relationship to the affected street and
demonstrating
the ownership interests of all abutting landowners as
well as all structures,
fixtures and utilities. The diagram shall be no
larger than a
standard sheet of paper and shall be suitable for filing
with the County
Clerk and Recorder as an attachment with the
Resolution of
Discontinuance, Abandonment or Vacation;
A-2
------.-
d. A statement as to whether the street, alley or portion thereof
is in
actual existence or appears only on a plat or other recorded
document;
e. A title report showing all ownership interest in property
abutting the
subject street or alley;
f. Written comments from all public and private utilities indicating,
at
a minimum, whether they consent, consent with conditions,
or object
to the discontinuance, abandonment or vacation.
iv. At the time of filing the petition with the required number of copies with the
Clerk of Commission, the petitioner shall pay the application fee as determined
by commission resolution, which fee shall be determined by factoring in the
cost of publication of notice, review by Engineering staff, inspection, filing fees
and administrative costs associated with the petition.
B. Clerk of Commission, upon receipt of the petition, will place the item on the Consent
Agenda acknowledging receipt and directing Petition be forwarded to Staff for review
i. Forward to Staff for initial review
ii. Staff initial review shall not exceed sixty (60) working days.
ii i. Upon completion of initial review, City Manager may call a conference of city
staff to discuss the petition. Any such conference shall
be called and
convened within the sixty (60) day initial review.
iv. The initial review shall including verification of those signing in approval of
discontinuance, abandonment or vacation as being owners of lots affected by
action.
C. Return of Engineering Staff Report
i. The Staff Report shall include, at a minimum, the following:
a. Impact on private and public utilities;
b. impact on traffic, both existing and future;
c. impact on accessibility, both existing and future;
d. impact on fire, police and other emergency services;
e. impact on services such as: garbage collection, street maintenance.
etc.;
f. alternatives to discontinuance, abandonment or vacation,
i.e.: use
permits, encroachment permits, licenses, contracts and deeds;
g. a mailing list of all affected property owners
ii. Clerk of Commission prepares Resolution of Intent for action based on Staff
Report
i i i. Clerk of Commission schedules report and Resolution of Intent; including
notice of public hearing
iv. Clerk of Commission publishes notice in Bozeman Daily Chronicle per
97 -1-4127 MCA or its successor provision and mails notice to the affected
property owners according to the list provided by the Engineering Department
D. Commission conducts public hearing at first available date and considers issue as placed
on Agenda and makes findings concerning:
I. Objection or lack of objection
ii. Percentage of owners making request
a. All owners; or
b. Over 50% of owners; or
c. If a street or alley to be closed for school purposes, with
75% of
owners
ii i. Whether the action can be done without detriment to the public interest
iv. Whether there are any public utility easements - decision shall not affect right
to continue to maintain plant and equipment in affected street or alley
(97 -14-4115 MCA or successor provision)
E. Commission may take any of the following actions:
i. Deny the petition;
ii. Approve the petition;
ii i. Approve the petition with conditions;
iv. Approve an alternative to the action;
v. Allow the petition to be withdrawn;
vi. Allow any other action that is in the best interests of the public.
F. Engineering, if so directed, prepares Plat depicting approved change.
A-3
.. --.--.-..--------.--
. _._____._._ - ._n ________.__._._.__..___
.---.---.--.--..--- _______._.._ .._m......____ __n_____._ _ "'._._.._.___...... _.._ .... - ......_".
..-.-
G. Plat is forwarded to Clerk of Commission for inclusion on Consent Agenda along with a
Resolution of Discontinuance, Abandonment or Vacation to be prepared by the Clerk
along with the diagram provided by Petitioner
H. Approved Plat and Resolution of Discontinuance, Abandonment or Vacation is then filed
with the County Clerk and Recorder.
A-4