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HomeMy WebLinkAboutResolution 5178 Intent to Order the Installation of Sidewalks in Baxter Meadows West and The Legends II SubdivisionsPage 1 of 3 RESOLUTION 5178 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 WEST SUBDIVISON AND THE LEGENDS II 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 West, Phase 3B was recorded on March 3rd, 2015, the plat for The Legends II Subdivision, Phase 3 was recorded on September 10th, 2015; and WHEREAS, there remain several lots in said Phases of Baxter Meadows and The Legends II 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. DocuSign Envelope ID: C49F898D-3CA3-492A-9845-C14932A6DD69 Page 2 of 3 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. Andalusian Avenue between Kimberwicke Street & McCafferty Street 2. Thoroughbred Lane between Kimberwicke Street & McCafferty Street 3. Boylan Road between Midfield Street & Richau Lane 4. Blackfeet Lane between Boylan Road & the unnamed alley to the south 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 13th day of July, 2020, 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. Section 3 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of June, 2020. DocuSign Envelope ID: C49F898D-3CA3-492A-9845-C14932A6DD69 Page 3 of 3 ___________________________________ CHRIS MEHL Mayor ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: C49F898D-3CA3-492A-9845-C14932A6DD69