HomeMy WebLinkAboutResolution 3516, Intent to annex School District 7, missed publication
COMMISSION RESOLUTION NO. 3516
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF
SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT
WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a
written application from Allen & Associates, on behalf of Bozeman School District
No.7, owners of
the tract sought to be annexed herein, requesting the City Commission to extend
the boundaries of
the City of Bozeman so as to include within the boundaries of the City of Bozeman,
Montana, a
certain contiguous tract of land located along the south side of East Valley Center
Road, northwest
of Costco and east of Davis Lane, in the County of Gallatin, State of Montana;
and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of
Montana, is as follows:
A tract of land being Lot 4A of Minor Subdivision No. 221A and the adjacent abandoned
portion of Roxi Lane located in the SW 1/4 of Section 26, T1S, R5E, P.M.M., Gallatin
County, Montana, containing 29.152 acres of land.
WHEREAS, this tract contains 29.152 acres of land, more or less, along with and
subject
to all existing easements of record or of fact; and
WHEREAS, the above-described tract is the subject of plats or Certificates of Survey,
filed
in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared and submitted to the
Commission; and
WHEREAS, the Commission has duly reviewed and considered said written annexation
staff report; and
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WHEREAS, prior to annexation, an agreement between the City and the owners of said
tract addressing issues that are in the best interests of the City of Bozeman,
such as, but not limited
to, rights of way, easements, traffic signals, water rights or cash-in-lieu, waivers
of right to protest
creation of Special Improvement Districts, impact fees, and water and sewer hookup
fees, to said
contiguous tract and other parcels directly affected or impacted by this annexation,
shall be fully
executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants
thereof and of the inhabitants of the contiguous tract hereinbefore described to
extend the
boundaries of the City of Bozeman so as to include said contiguous tract of land
hereinbefore
described within the corporate limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the
services to the
contiguous tract hereinbefore described will be the subject of a mutual agreement
between the City of
Bozeman and the real property owners of the tract, that it is in the best interests
of the City of
Bozeman and the inhabitants thereof and of the inhabitants of said contiguous tract
that the
boundaries of said City of Bozeman be extended so as to include the contiguous
tract hereinbefore
described within the boundaries and corporate limits of the City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to
be held in
the Commission Room in the Municipal Building of said City on the 28th day of May
2002, at 7:00
p.m., is hereby designated as the time and place at which comments in favor of
or opposed to the
annexation of the property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall:
- 2-
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, the
newspaper nearest the parcel of land to be embraced within the
corporate limits and boundaries of the City of Bozeman, at least once a
week for two successive weeks.
Section 4
The notice to be given by the Clerk of the City Commission shall be to the effect
that such
resolution has been duly and legally passed; and that the Clerk of the City Commission
will receive
written comments of approval or disapproval of the proposed extension of the boundaries
of the City
of Bozeman from real property owners of the area proposed to be annexed, and that
the written
comments, if any, must be filed with the Clerk of Commission not later than 5:00
p.m. on Wednesday,
May 22, 2002.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 29th day of April, 2002.
STEd' K,~iZcfc
ATTEST:
(l~ of ~~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVEo-~ TO FORM:
- 3-
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 29th day of April 2002, Commission Resolution No. 3516 was
duly and regularly
passed and adopted. Said Resolution is entitled:
COMMISSION RESOLUTION NO. 3516
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF
SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT
WITHIN THE CORPORATE LIMITS THEREOF.
The 29.152 acres of real property, proposed for annexation by Allen & Associates, on behalf
of Bozeman School District No.7, located along the south side of East Valley Center
Road, northwest
of Costco and east of Davis Lane, in the County of Gallatin, State of Montana,
is described as follows:
That tract of land being Lot 4A of Minor Subdivision No. 221A and the adjacent
abandoned portion of Roxi Lane located in the SW 1/4 of Section 26, T1S, R5E,
P.M.M., Gallatin County, Montana, containing 29.152 acres of land.
For a period of twenty (20) days following the first publication of this Notice, the Clerk of
Commission will receive comments, in writing, of approval or disapproval of the
proposed extension of
the boundaries of the City of Bozeman from the real property owner of the area
proposed to be
annexed.
The deadline for this written comment is 5:00 p.m. on Wednesday, May 22, 2002. In
addition, a public hearing shall be held on Tuesday, May 28, 2002, 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 30th day of April, 2002.
~Jh~
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, May 2, 2002
Thursday, May 9, 2002