Notice is hereby given that the Bismarck City Commission will hold a public hearing on Tuesday, June 23, 2015, at 5:15 p.m. in the Tom Baker Meeting Room, City-County Building, 221 North 5th Street, Bismarck, North Dakota, to consider the following City-initiated annexation:
Resolution
Resolution extending the boundaries of the City of Bismarck, North Dakota, and annexing tracts of land to the boundaries of the present corporate limits.
BE IT RESOLVED by the Board of City Commissioners of the City of Bismarck, North Dakota:
WHEREAS, it appears that the area hereinafter described contiguous with the boundaries of the City of Bismarck should be annexed to the City of Bismarck, and
WHEREAS, said property is described as follows:
Lot 9A in the SW1/4 of the SE1/4 of Section 19, T139N-R80W/Hay Creek Township; Lot K in the SW1/4 of Section 20, T139N-R80W/Hay Creek Township; Part of the S1/2 of the SE1/4 of Section 20, T139N-R80W/Hay Creek Township, less parts taken for Pinehurst 3rd Addition and Pinehurst 4th Addition; Auditor’s Lot 6A of Lot 10, Block 2, High Meadows 3rd Addition; Auditor’s Lot 7A of Lot 10, Block 2, High Meadows 3rd Addition; Lot 10 less Auditor’s Lots 6A and 7A, Block 2, High Meadows 3rd Addition; and West 130 feet of Lot 2, Block 1, High Meadows 4th Addition.
WHEREAS, Section 40-51.2.07 of the NDCC as amended, does permit annexation by resolution of the governing body of any municipality, and
WHEREAS, the City of Bismarck Planning and Zoning Commission considered this matter on April 29, 2015 and has recommended the annexation of said territory, and
WHEREAS, the Board of City Commissioners of the City of Bismarck, North Dakota, desires to annex property to the City for the following reasons:
The territory to be annexed is contiguous to and mostly surrounded by the City of Bismarck, North Dakota, and the proposed annexation of said territory will contribute to and facilitate the orderly growth and development of both the City and the territory proposed to be annexed; will facilitate and contribute to the proper and orderly layout design and construction of streets, gutters, sidewalks, watermains, sanitary and storm sewer and drainage facilities, both within the City and within the territory proposed to be annexed; will eliminate confusion over jurisdiction and provide for the most efficient and effective police and fire protection; and will provide and facilitate the proper overall planning and zoning of land in said City and said territory in a manner most conducive to the welfare to the City and said territory; and
WHEREAS, pursuant to said statute made and provided, any person owning any real property within the theretofore described territory may file written protests to the Board of City Commissioners of the City of Bismarck, North Dakota, by depositing the same with the City Administrator, protesting against the proposed annexation. Such written protest shall contain the interested parties name, address together with a legal description of the property owned and the date that the property was acquired. The Board of City Commissioners shall meet on Tuesday, June 23, 2015 at the hour of 5:15 p.m., at which time and place all interested persons will be heard on said proposed resolution unless property owner or owners has waived their right of protest and/or assent to annexation.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the following described territory be annexed to the City of Bismarck, North Dakota, to-wit:
Lot 9A in the SW1/4 of the SE1/4 of Section 19, T139N-R80W/Hay Creek Township; Lot K in the SW1/4 of Section 20, T139N-R80W/Hay Creek Township; Part of the S1/2 of the SE1/4 of Section 20, T139N-R80W/Hay Creek Township, less parts taken for Pinehurst 3rd Addition and Pinehurst 4th Addition; Auditor’s Lot 6A of Lot 10, Block 2, High Meadows 3rd Addition; Auditor’s Lot 7A of Lot 10, Block 2, High Meadows 3rd Addition; Lot 10 less Auditor’s Lots 6A and 7A, Block 2, High Meadows 3rd Addition; and West 130 feet of Lot 2, Block 1, High Meadows 4th Addition.
BE IT FURTHER RESOLVED that the City Administrator shall publish this resolution once each week for two (2) consecutive weeks in the official newspaper of the City.
BE IT FURTHER RESOLVED that in the absence of protests on or before June 23, 2015 by the owners of more than one fourth of the property of the territory proposed to be annexed as of the date of the adoption of this resolution, a territory described in the resolution shall be included within and shall be a part of the City, and a certified copy of this resolution with an accurate map of the annexed area, will be filed and recorded with the Burleigh County Recorders Office.
Dated this 12th day of May, 2015.