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HomeMy WebLinkAboutF4 WWTP Resolution of Intent Report compiled on July 12, 2006 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: WWTP Annexation, #A-06005 MEETING DATE: Monday, July 31, 2006 BACKGROUND: Two property owners, the City of Bozeman and NorthWestern Energy, have requested annexation for several tracts totaling 196 acres. The property is located at 255 Moss Bridge Road. The area includes the wastewater treatment plant, electrical substation, and adjacent rights-of-way. The right-of-way also includes property owned by Montana Rail Link. The property is adjacent to the City of Bozeman and the necessary application and materials have been provided. A resolution of intent to annex must be passed and notice provided to the owners prior to the public hearing on the annexation. UNRESOLVED ISSUES: None RECOMMENDATION: The City Commission approve the resolution of intent to annex and set a public hearing date of August 21st. FISCAL EFFECTS: Fiscal impacts are unknown at this time. Revenues and expenses for service are both anticipated to increase with development of the property. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Resolution - 1 - COMMISSION RESOLUTION NO. 3934 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 OWNERS OF TRACTS 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 the City of Bozeman and Northwestern Energy, owner of two of the three tracts 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, contiguous tracts of land lying at approximately 255 Moss Bridge Road and lying northwest of the intersection of Moss Bridge Road and Springhill Road. WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: A tract of land being Tract A-1-A(1) of COS NO. 473C, Tract A1-A(2) of COS NO. 473C, Tract A-2 of COS NO. 473A, Tract A-1-B of COS NO. 473B, Tract B of COS NO. 473, Film 4 of Plats, Page 672 all located in the north 1/2 of Section 26, Township 1 South, Range 5 East, P.M.M. Gallatin County, Montana, EXCEPT Tract 1 of COS NO. 1510. Said tract contains 150.54 acres, more or less, subject to all easements of Road or apparent on ground Tract 1 of C.O.S. 1015 situated in the SW ¼ NE ¼, Section 26, and Film 22 of Plats Page 1876 situated in the NE ½ NE ¼ NE ¼ SW ¼ Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana. Said tract contains 1.20 acres, more or less Those portions of Montana Rail Link Railroad and Montana Department of Transportation rights-of-way within the N ½, Section 26, and the E ½ E ½ E ½ NE ¼ Section 27, Township 1 South, Range 5 East, P.M.M. Gallatin County Montana Said portions of rights-of-way being generally 660 feet wide having the Montana Rail Link Railroad right-of-way occupying the northeasterly 400 feet and Montana Department of - 2 - Transportation right-of-way occupying the southeasterly portion remaining. Said lands comprising 41.67 acres, more or less. Gallatin County rights-of-way for Nelson Road and Moss Bridge Road adjoining C.O.S. No 473D, Gallatin County, Montana Said lands comprising 2.68 acres, more or less. Total area of the WWTP Annexation 196.09 acres. WHEREAS, this tract contains 196.09± acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tracts are 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, a plan for extension of municipal services will be prepared to meet the requirements of Section 7-2-4732, M.C.A.; and WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof and of the owners of the contiguous tracts 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 extension of services plan prepared by the City of Bozeman, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of - 3 - the owners of said contiguous tracts that the boundaries of said City of Bozeman be extended so as to include the contiguous tracts 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 21st day of August 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: 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. 21st day of August, 2006. - 4 - PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 31st day of July 2006. ____________________________________ KAAREN JACOBSON, Mayor pro tem ATTEST: ____________________________________ BRIT FONTENOT Clerk of the Commission APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney N O T I C E NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 31st day of July, 2006, Commission Resolution No. 3934 was duly and regularly passed and adopted. Said Resolution is entitled: 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 OWNERS OF TRACTS 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 196.09± acres of real property, proposed for annexation by the City of Bozeman and Northwestern Energy, lying at approximately 255 Moss Bridge Road, in the County of Gallatin, State of Montana, is described as follows: A tract of land being Tract A-1-A(1) of COS NO. 473C, Tract A1-A(2) of COS NO. 473C, Tract A-2 of COS NO. 473A, Tract A-1-B of COS NO. 473B, Tract B of COS NO. 473, Film 4 of Plats, Page 672 all located in the north 1/2 of Section 26, Township 1 South, Range 5 East, P.M.M. Gallatin County, Montana, EXCEPT Tract 1 of COS NO. 1510. Said tract contains 150.54 acres, more or less, subject to all easements of Road or apparent on ground Tract 1 of C.O.S. 1015 situated in the SW ¼ NE ¼, Section 26, and Film 22 of Plats Page 1876 situated in the NE ½ NE ¼ NE ¼ SW ¼ Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana. Said tract contains 1.20 acres, more or less Those portions of Montana Rail Link Railroad and Montana Department of Transportation rights-of-way within the N ½, Section 26, and the E ½ E ½ E ½ NE ¼ Section 27, Township 1 South, Range 5 East, P.M.M. Gallatin County Montana Said portions of rights-of-way being generally 660 feet wide having the Montana Rail Link Railroad right-of-way occupying the northeasterly 400 feet and Montana Department of Transportation right-of-way occupying the southeasterly portion remaining. Said lands comprising 41.67 acres, more or less. Gallatin County rights-of-way for Nelson Road and Moss Bridge Road adjoining C.O.S. No 473D, Gallatin County, Montana Said lands comprising 2.68 acres, more or less. Total area of the WWTP Annexation 196.09 acres. 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 August 21, 2006. In addition, a public hearing shall be held on the 21st day of August, 2006 at 6:00 p.m. in the Community Room of the Gallatin County Courthouse, at 311 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 31st day of July 2006. ____________________________________ BRIT FONTENOT Clerk of the Commission Publish: Friday, August 6, 2006 Friday, August 13 , 2006