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HomeMy WebLinkAboutE7 - 1 - COMMISSION RESOLUTION NO. 3918 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 Edward Wachs, owner 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 lying at approximately 3800 S. 19th Avenue. WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: A tract of land being Southwest ¼ of the Northwest ¼ and the Northwest ¼ of the Southwest ¼ of Section 24, T2S, R5E, P.M.M., Gallatin County, Montana. WHEREAS, this tract contains 79.98± 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 will be prepared and submitted to the Commission; and WHEREAS, the Commission will duly review and consider said written annexation staff report; and WHEREAS, prior to annexation, an agreement between the City and the owner of said tract addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of - 2 - way, public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of Special Improvement Districts, impact fees, water and sewer hookup fees, sewer and water capacity analysis, and traffic impacts 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 Community Room in the Gallatin County Courthouse on the 17th day of July 2006, at 6:00 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: - 3 - 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. 17th day of July, 2006. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of June 2006. ____________________________________ JEFF KRAUSS, Mayor ATTEST: ____________________________________ BRIT FONTENOT Clerk of the Commission APPROVED AS TO FORM: - 4 - ___________________________________ PAUL J. LUWE City Attorney