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Home My WebLink About16- Ordinance 1941 Purchase and Sale Agreement, North Park Property G4 'L ORDINANCE NO. 1941 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RATIFYING THE CITY MANAGER'S SIGNATURE ON A PURCHASE AND SALE AGREEMENT FOR THE SALE AND CONVEYANCE OF THE NORTH PARK PROPERTY DESCRIBED AS TRACTS 1-A, 2-A, 3-A AND 4-A OF CERTIFICATE OF SURVEY 2153 CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA INCLUDING CONTINGENCIES REGARDING THE SALE AND REQUIRING THE PROCEEDS FROM THE SALE BE DEPOSITED IN THE CITY'S GENERAL FUND,AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section I Legislative Findings. The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City of Bozeman owns real property known as the North Park Property, formerly known as the Mandeville Farm identified as Tracts 1-A, 2-A, 3-A and 4-A of Certificate of Survey 2153 located in the NW 1/4 and NE '/4 of Section 36, Township 1 South Range 5 East, Principle Meridian Montana, City of Bozeman, Gallatin County, Montana. 2. 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." 3. Section 2.06.850 of the Bozeman Municipal Code (BMC) (Ordinance 1658) grants the City Commission the jurisdiction and power to sell any real property, however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of property. 4. Section 2.06.890.B, BMC, subject to section 2.06.870.13, authorizes the sale of City property for not less than 90 percent of the appraised value. 5. Section 2.06.900, BMC provides that "[N]o sale of real property shall be made of any property unless it has been appraised within one year prior to the date of the sale. 6. On August 26, 2013, the Bozeman City Commission conducted a public hearing wherein the Commission determined by a vote of 4 — 0, adopted the findings Page 1 of 4 Ordinance Joq LJ 1,Purchase and Sale Agreement,North Park Property included in the August 26, 2013 staff memorandum and concluded the City-owned portion of the North Park property, described in Section II of the staff memo, was no longer needed for public use and the public interest will be furthered by the sale of the property as provided for in §§ 2.06.880 through 2.06.910 of the Bozeman Municipal Code and directed the City Manager to complete all steps necessary to negotiate a sale and transfer of the property and return to the Commission with an ordinance authorizing the City Manager to execute a Purchase and Sale Agreement for same. 7. 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. Section 2 The Bozeman City Commission hereby ratifies the City Manager's signature on the attached Agreement to Sell and Purchase Real Estate (Attachment 1) and hereby authorizes the City Manager to take all other action necessary to effectuate the sale of the North Park property to purchaser Micropolitan Ent., LLC and Powder River Comp. LLC. The property is legally described as Tracts 1-A, 2-A, 3-A and 4-A of Certificate of Survey 2153 located in the NW 1/4 and NE 1/4 of Section 36, Township 1 South Range 5 East, Principle Meridian Montana, City of Bozeman, Gallatin County, Montana, according to the official Certificate of Survey thereof on file and of record in the office of the Clerk and Recorder of Gallatin County,Montana. The Commission authorizes, subject to fulfillment of the contingencies as stated in the attached Agreement and those contingencies listed below, the conveyance of the fee title to the Property by warranty deed to Micropolitan Ent.,LLC and Powder River Comp. LLC and/or their assigns: 1. The sale price shall be One Million Six Hundred and Fifty-Five Thousand Dollars ($1,655,000.00). 2. The purchaser shall pay cash to the City at closing. 3. The Commission's ratification of the City Manager's signature shall not be effective until 30 days after final adoption of this ordinance; as such, the Agreement to Sell and Purchase Real Estate shall not be binding on the City of Bozeman until that time. Section 3 Proceeds of the sale shall be deposited in the City's General Fund. 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. Page 2 of 4 Ordinance taq I Purchase and Sale Agreement,North Park Property 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 provisions 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 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. 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 "Ordinances for Sale, Transfer, or Conveyance of Real Property." Section 8 Effective Date. This ordinance shall be in full force and effect 30 days after final adoption. Page 3 of 4 Ordinance _10141 Purchase and Sale Agreement,North Park Property PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 4th day of April,2016. CARSON TAYLOR Mayor B O ATTEST: O�• ' ' '? r �- ■ PEARL MICH. OIY•;"�--.- ��=, - • < ; Interim City Clerk* - - - - •z �883 .. � TIN CO• .- 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 18th day of April, 2016. The effective date of this ordinance is May 18, 2016. CARSON TAYLOR Mayor ATTEST: ,<� BO 42, PEARL MICIIA• = _ _ - '- Interim City Cher . 1883 PROVED AS TO FORM: G SULLIVAN Attorney Page 4 of 4