HomeMy WebLinkAbout16- Ordinance 1925 Mandeville Farm North Park Land Lease Agreeement BOZ E MAN MT
City Clerk
August 30, 2016
The City Clerk's office has noted that due to a ministerial error,there have
been two ordinances numbered 1925, as follows:
Ordinance 1925:An Ordinance of the City Commission of the City of Bozeman,
Montana,Authorizing the City Manager to Enter into a 12-Month Ground Lease with
Bill Tatarka for the Lease of Mandeville Farm [North Park]Property,for the Purpose
of Farming. (Finally approved May 25, 2016)
Ordinance 1925:An Ordinance of the City Commission of the City of Bozeman,
Montana Amending the North Seventh Avenue Urban Renewal District Established by
Ordinance No. 168S, Establishing the Bozeman Midtown Urban Renewal Area,
Creating the Bozeman Midtown Urban Renewal District and Adopting the Bozeman
Midtown Urban Renewal District Plan with a Tax Increment Financing Program
Pursuant to Title 7, Chapter 15, Part 42 and 43 of the Montana Code Annotated, and
Amending Section 2.06.1330, BMC, Regarding Urban Renewal, Tax Increment, and
Economic Development Districts and Section 2.05.1830, BMC, Regarding Urban
Renewal, Tax Increment, and Economic Development District Boards. (Finally
approved December 16, 2015)
The Bozeman Municipal Code, Section 2.03.310, determines that the City
Clerk is the legal custodian of all ordinances of the City of Bozeman. The City Clerk
determines that the ordinances will not be renumbered, but that each ordinance is a
separate and legal ordinance despite the same number.
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Robin Crough
City Clerk �3 ,•,�c.`
City of Bozeman, Nldn na• • 0`
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Bozeman, 1
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
ORDINANCE NO. 1925
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 12-MONTH
GROUND LEASE WITH BILL TATARKA FOR THE LEASE OF MANDEVILLE
FARM [NORTH PARK] PROPERTY, FOR THE PURPOSE OF FARMING.
WHEREAS, the City of Bozeman desires to lease property at the Mandeville Farm
[North Park], located on Red Wing Drive, for farming purposes as it has done since the property
was purchased in 2003; and
WHEREAS, said lease allows land to be grazed and/or farmed, with 25% of the value of
any crop harvested from premises, less cost of chemicals used for weed control, up to $200
annually,to be paid to the City; and
WHEREAS, Bill Tatarka has indicated his desire to renew said lease; and
WHEREAS,the property is currently under contract for sale to Micropolitan Enterprises,
LLC and Powder River Company, LLC; and
WHEREAS, the purchase and sale agreement stipulates that the current lease will be
observed; and
WHEREAS,the current lease expires on March 31,2016; and
WHEREAS, Micropolitan Enterprises, LLC and Powder River Company, LLC have
agreed in writing to extend the agricultural lease for one year (April 1, 2016 —March 31, 2017);
and
WHEREAS, the lease of this property benefits the public interest because the land is
used for agricultural purposes and lessens the City's resources to maintain it; and
WHEREAS,the lease requires lessee to control noxious weeds; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires the Commission to
adopt an ordinance when the Commission "convey(s), lease(es)or authorize(s) the conveyance or
lease of any lands of the city;" and
ORDINANCE 1925
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WHEREAS, Section 7-8-4201, MCA, authorizes the City to lease property upon a vote
of 2/3 of the Commission which requires an affirmative vote of four members of the five
member Bozeman City Commission; and
WHEREAS, should this Ordinance never be finally adopted by the City Commission, the
lease shall have no binding effect.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN,MONTANA:
Section 1
The City Commission hereby authorizes the City Manager to enter into the attached 12-
month ground lease (Exhibit A) with Bill Tatarka for lease of the Mandeville Farm [North
Park] property, located on Red Wing Drive, Bozeman, MT. The lease is incorporated
herein by reference and made a part of this Ordinance.
Final execution of the lease is dependent upon fmal adoption of this Ordinance 1925 and as
such the City Manager cannot execute the lease until 30 days after second reading of this
Ordinance.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the
ordinances of the City of Bozeman not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All
other provision of the Bozeman Municipal Code not amended by this Ordinance shall
remain in full force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than
the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Bozeman Municipal Code as a whole.
ORDINANCE 1925
Page 2 of 4
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be
organized in a category entitled "Conveyances and Leases of City Land."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 1 lth of April, 2016.
CARSON TAYLOR
Mayor
ATTEST: {
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PEARL MIC"I 0 .
Interim City Clerko
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FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the 25th day of
April, 2016. The effective date of this ordinance is May 25, 2016.
CARSON TAYLOR
Mayor
ATTEST:
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ORDINANCE 1925
Page 3 of 4
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ORDINANCE1925
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