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HomeMy WebLinkAboutResolution 4526 Intent to Order In sidewalks in Baxter Meadows Subdivision CO COMMISSION RESOLUTION NO. 452b A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BAXTER MEADOWS SUBDIVISON AND CATTAIL CREEK SUBDIVISION AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. WHEREAS, Section 7-14-4109, Montana Code Annotated, provides that a local governing body may order sidewalks constructed in front of any lot or parcel of land; and WHEREAS, Sec. 38.39.030 B. 2. b, Bozeman Municipal Code, requires that upon the third anniversary of the plat recordation of any phase of a subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot; and WHEREAS, the plat for Baxter Meadows Subdivision Phases 2C and 21) was recorded on September 22nd, 2005, the plat for Cattail Creek Subdivision Phase 1 was recorded on August 201h, 2002, and the plat for Cattail Creek Subdivision Phase 2A and 2B was recorded on November 121h, 2003; and WHEREAS, there remain several lots in said Phases of Baxter Meadows and Cattail Creek Subdivisions that lack sidewalks in front of them; and WHEREAS, the Homeowner Associations of said subdivisions have requested that the necessary steps are taken to complete the installation of sidewalks along all the streets in said subdivisions. Page 1 of 3 Resolution 4526, (Baxter Meadows & Cattail Creek Sidewalks) NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That, in accordance with the provisions of Section 7-14-4109, Montana Code Annotated, Sec. 38.39.030 B. 2. b, Bozeman Municipal Code, and the City's sidewalk policy, as established in Commission Resolution No. 2965, the City Commission declares its intent to order the installation of sidewalks where they are lacking along both sides of the following streets, unless otherwise noted: 1. N. 27th Avenue between Catamount Street and the southern-most intersection of N. 27th Avenue and Cattail Street; 2. Warbler Way between Catron Street and N. 27th Avenue; 3. Blackbird Drive between Savannah Street and Cattail Street; 4. Fen Way between Savannah Street and Cattail Street; 5. Davis Lane between Savannah Street and Cattail Street, east side only; 6. Catron Street between Warbler Way and the east line of Cattail Creek Subdivision; 7. Cattail Street between Warbler Way and N. 27th Avenue; 8. Lasso Avenue between Galloway Street and Equestrian Lane; 9. Ferguson Avenue between Kimberwicke Street and Galloway Street; and 10. Gallatin Green Boulevard between Galloway Street and Equestrian Lane. Section 2 That at a regular session of the City Commission of the City of Bozeman,to be held in the City Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Monday, the 281h day of July, 2014, at the hour of 6:00 p.m. of said day, is the time and place when and where the City Commission will hear testimony in support of and in opposition to the ordering of sidewalks as contained in Section 1, above. The City Clerk is hereby directed to publish notice of the adoption of this resolution of intention. Page 2 of 3 Resolution 4526, (Baxter Meadows & Cattail Creek Sidewalks) Section 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of July, 2014. J �f' AUSS 0 ATTEST: ? ,i ■ ST C 1' LN;'C -' :{ city 1 k ': 3 8 . .: APPROVED ASTq FORM: LLIVAN City ttorney Page 3 of 3 NOTICE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 7t' day of July, 2014, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 4526, entitled: COMMISSION RESOLUTION NO. 4526 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BAXTER MEADOWS SUBDIVISON AND CATTAIL CREEK SUBDIVISION AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. A copy of said Commission Resolution No. 4526 is on file with the City Clerk at 121 N. Rouse Avenue, Bozeman, Montana,which states the City Commission's intent to install sidewalks along both sides of particular streets within the city limits of the City of Bozeman, unless otherwise noted, as follows: 1. N. 27th Avenue between Catamount Street and the southern-most intersection of N. 271h Avenue and Cattail Street; 2. Warbler Way between Catron Street and N. 27th Avenue; 3. Blackbird Drive between Savannah Street and Cattail Street; 4. Fen Way between Savannah Street and Cattail Street; 5. Davis Lane between Savannah Street and Cattail Street, east side only; 6. Catron Street between Warbler Way and the east line of Cattail Creek Subdivision; 7. Cattail Street between Warbler Way and N. 27th Avenue; 8. Lasso Avenue between Galloway Street and Equestrian Lane; 9. Ferguson Avenue between Kimberwicke Street and Galloway Street; and 10. Gallatin Green Boulevard between Galloway Street and Equestrian Lane. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 28th day of July, 2014, at 6:00 p.m. at the Commission Room of City Hall, 121 N. Rouse Avenue, Bozeman, Montana, is designated as the time and place set for hearing and passing on all public testimony in support of and in opposition to this proposed sidewalk installation order. This notice is given pursuant to Section 7-3-4448, M.C.A. DATED this 8t" day of July, 2014. M Stacy m _ •�, City C erk P.O. Box T ` ` ' ` "♦��° Bozeman, MT"59771, (406) 582-2320 Legal Ad Publish: July 13, 2014 July 20, 2014 Proposed Sidewalk Installations Baxter Meadows Subdivision 2C & 2D if �i F.'J_ p r CIO) 13 13 �Q ,••-' �'r' _==--�F.;: �n.nt■oiu*n.�i®neA � r;stuu�utar.uart.n.ra- t _ ..-o�� i4 04 OR t4. --- r- - - 3.u�u.u.u.u.u.u�n.n.n.u.u.n.u. a n�u.a.n�n�n�u�turat�u.n.n.ttt�n u.ntter Legend N ,� ■ ■ ■ ® Missing Sidewalk Recently Completed Sidewalks Under Construction .t . t■ Subdivision Boundary Proposed Sidewalk Installations Cattail Creek Subdivision XAM ' � -r l:(J �� � F1' � -�� Ill j^• �F� �I �t Charter Comm. Y Facility. 1L- Legend \ k i Missing Sidewalk