HomeMy WebLinkAboutResolution 4470 amending adopted Wastewater Facility Plan S0Z--*�
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RESOLUTION NO, 4470
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE ADOPTED WASTEWATER FACILITY PLAN
TO ALLOW A CHANGE IN THE ALLOCATION OF WASTEWATER
COLLECTION CAPACITY, AND DIRECTING THE CITY MANAGER TO
ENTER INTO A FUNDING AGREEMENT TO UPDATE THE WASTEWATER
FACILITY PLAN.
WHEREAS, The City of Bozeman, is committed to addressing the Community's
expressed needs and desires for municipal services, and
WHEREAS, The City of Bozeman is committing to meeting those desires and
demands for services in a responsible, sustainable and efficient manner; and
WHEREAS, The City of Bozeman is committed to meeting those desires and
demands which recognizes the fiduciary and legal interests of all of the systems users,
both current and future; and
WHEREAS, The City of Bozeman has developed and adopted a wastewater
facility plan which examined current and future needs and provides a lawful, logical,
balanced, operationally sound and cost effective basis upon which to maintain and
develop the City's wastewater collection system; and
WHEREAS, The City of Bozeman received requests from three parties seeking
to utilize collection capacity in a way not anticipated by the facility plan in order to
construct projects; and
WHEREAS, The City of Bozeman has determined that, subject to certain
conditions, permitting these unanticipated uses may benefit the community as a whole;
and
WHEREAS, Representatives of the three developers have informed the city that
they are willing and able to fund an update of the collection portion of the wastewater
facility plan: and
WHEREAS,the City Commission did on the 9"' day of September, 2013 conduct
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a public hearing to consider the proposed amendment; and
WHEREAS, after public hearing the City Commission being fully infori-ned and
having considered all public comment.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Bozeman, Montana, that the Wastewater Facility Plan be amended as follows:
Section 1
That City staff is directed to amend the adopted Wastewater Facility Plan such
that the properties referred to as Braxton,Norton and Valley West which are identified on
the attached Map of Proposed Developments and which are currently located in the
Baxter Creek Drainage Zone in the adopted Wastewater Facility Plan, may use instead
the adjacent Cattail Creek Drainage Zone.
Section 2
All infrastructure required to convey wastewater from the proposed developments
to the existing wastewater collection system shall be constructed to meet both the City's
standards and the standards of the Montana Department of Environmental Quality. The
cost of the infrastructure required to convey wastewater from the proposed developments
to the existing wastewater collection system shall be borne by the developer.
Section 3
The City Manager shall enter into an agreement with the developers of the
properties heretofore identified to fund an update to the city's wastewater collection
system facility plan. The developers agree to provide a total of$150,000.00 to finance the
update. The City will procure the consultant and administer the project according to its
policies and in accordance with state law. All costs in excess of$150,000.00 will be
borne by the City.
This Resolution shall be in full force and effect upon passage and approval.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof on the 9`1' day of September, 201.3.
/Scan A. Becher
E C) yor
ATTEST,
Sta .y U me i, CMC—f
City Clem
APPROVED AS TO FORM:
Gre ullivan
City Attorney