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Home My WebLink About16- Ordinance 1939 Land Exchange Agreement with the Help Center for Bozeman Pond Park Expansion at Van Horn Subdivision �+CO. ORDINANCE NO. 1939 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCHANGE AGREEMENT FOR THE REALIGNMENT OF A PARK BOUNDARY IN THE VAN HORN SUBDIVISION WITH PRIVATELY OWNED TRACTS, PROVIDING CONTINGENCIES AND AN EFFECTIVE DATE. WHEREAS,the City of Bozeman purchased three parcels of land utilizing Trails, Open Space and 2012 Bond funds as part of the Bozeman Pond Park Expansion Projects, approved by Commission under Resolution Resolution No. 4494; and WHEREAS, one of the parcels is identified as Lot 4a of Tract C of the Van Horn Subdivision as amended by Plat E-39-A,hereinafter referred to as the "Property"; and WHEREAS,the City is desirous of adjusting the boundary of the Property to accept an equal amount of new park area for the park area exchanged in order to preserve useable rear yard area and play equipment belonging to a local non-profit organization that provides services in the public interest for the City of Bozeman and Gallatin County; and WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City"convey[s]... or authorize[s] the conveyance... of any lands of the city"; and WHEREAS, Section 2.06.850 of the Bozeman Municipal Code (BMC), grants the City Commission the jurisdiction and power to receive property by donation or exchange; and WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC), grants the City Commission the jurisdiction and power to exchange any real property,however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of city property; and WHEREAS, Section 2.06.880,BMC, states, "When the City Commission, after a public hearing,has determined by a two-thirds vote of all the members,that any real property owned by the city is not needed for public use, or that the public interest may be furthered,the City may sell such property by... exchange..." and ORDINANCE 1939 Page 1 of 4 WHEREAS, Section 2.06.880, BMC, also states, "Notice of...exchange... shall be published as provided in MCA 7-1-4127'; and WHEREAS, as the exchange of the Property is of identical size with the property the City will receive and is immediately adjacent to the existing park, of equal utility, and no money will be exchanged; WHEREAS,the appraised value of the property owned by Help Center, Inc. is equal to or greater than the City park property being exchanged; and WHEREAS,Help Center, Inc. has executed an agreement for the exchange of the Property subject to City Commission ratification of the City Manager's signature; and WHEREAS,the agreement to exchange the Property is attached to this Ordinance as Attachment A; and WHERAS, should the Bozeman City Commission provisionally adopt this ordinance by no less than a two-thirds vote of its total membership,notice of provisional adoption of this ordinance shall be published in compliance with Sect. 7-1-4127,MCA,prior to final adoption. NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA: Section 1 The Bozeman City Commission finds that: 1. The exchange of the Property as shown on Exhibit A to the Exchange Agreement will have no adverse effect on the public's use of Bozeman Pond Park and will further the public interest because the exchange of the Property and related relocation of common boundaries will aid in the continued provision of support services to City residents. 2. The land exchanged is of identical size, immediately adjacent to the existing park, and of comparable value and utility for all public uses. 3. As the exchange provides an equally functional park space the land to be deeded to Help Center, Inc. is no longer needed for City purposes. 4. The land exchange is not in conflict with the program of comprehensive planning for the area. 5. The land exchange is permitted by the conditions imposed when the open-space land was acquired. Section 2 The property acquired by the City pursuant to the Exchange Agreement is subject to the Open- Space Land and Voluntary Conservation Easement Act, 76-6-101 et seq., MCA. ORDINANCE 1939 Page 2 of 4 Section 3 The Bozeman City Commission hereby authorizes the City Manager to sign the attached Exchange Agreement. In doing so,the Commission authorizes, subject to fulfillment of the contingencies as stated in the attached Exchange Agreement and those contingencies listed below,the conveyance of the Property to the Help Center,Inc.: l. The exchange must be of the same amount of land area to both parties. 2. The exchange shall be enacted by the approval of an amended plat by the Director of Community Development in substantially the same form as attached to the Exchange Agreement and the recording of the amended plat. 3. Help Center, Inc. shall pay the Subdivision Exemption filing fee and all closing costs and recording fees. 4. The City Manager may not sign the Exchange Agreement until 30 days after final adoption of this ordinance; as such, the Exchange Agreement shall not be binding on the City until such time and until completion of all included contingencies. 5. The exchange shall close as stated in the agreement. Section 4 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 5 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 6 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 ORDINANCE 1939 Page 3 of 4 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. Section 7 Codification Instruction. The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code; rather, this Ordinance shall be maintained by the City Clerk in an indexed file of all Ordinances not to be codified. Section 8 Effective Date. This ordinance shall be in full force and effect 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 9Tx of May, 2016. CARSON TAYLOR,Mayor 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 day of be° , 2016. The effective date of this ordinance is ; 016. CARSON TAYLOR,Mayo ATTEST: _....__ RAIn Crough City Clerk B O y Ar S TO FORM: ,• PPa ' G G SULLIVAN,City Attorney V ORDINANCE 1939 rf,0 1�u� Patin' , Page 4of4 b d G P 0.�lU