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HomeMy WebLinkAboutOrdinance 06- 1658 Acquisition and transfer of City property ORDINANCE NO. 1658 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 2.05 PERTAINING TO ACQUISITION AND TRANSFER OF CITY PROPERTY. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Chapter 2.05 be added to the Bozeman Muni4cipal Code, so that such Chapter shall read as follows: "Chapter 2.05 ACQUISITION AND TRANSFER OF CITY PROPERTY 2.05.010 Authorization for City to obtain property. The City Commission has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to purchase, receive by donation or exchange, or lease any real or personal property necessary for the use of the City and to preserve, take care of, manage, and control the same. 2.05.020 Appraisal required for certain purchases of real property or conservation easements. Unless otherwise provided by law, the City may not purchase real property in an amount in excess of $10,000 $200.000 or a conservation easement using public funds in an amount in excess of $40,000 unless the value of the property or conservation easement has been previously estimated by a disinterested certified general real estate appraiser selected by the City Manager. The City may not pay more than the appraised value for the real property or conservation easement. 2.05.030 Authorization to sell and exchange City property. A. The City Commission has the power to sell, trade, or exchange any real or personal property, however acquired, belonging to the City that is not necessary to the conduct of City business or the preservation of its property. B. Whenever the City purchases equipment, as provided in M.C.A. Sections 7-5- 4301 through 7-5-4310, City equipment that is not necessary to the conduct of the City business may be traded in as part of the purchase price or may be sold at public auction, as provided in 7-5-4310, in the discretion of the City Manager or City Manager's designee, C. Any sale, trade, or exchange of real or personal property must be accomplished under the provisions of this Chapter. In an exchange of real property, the properties must be appraised, and an exchange of City property may not be made unless property received in exchange for the City property is of an equivalent value. If the properties are not of equivalent values, the exchange may be completed if a cash payment is made in addition to the delivery of title for property having the lesser value. D. If the City owns property containing a.historically significant building or monument, the City may sell or give the property to nonprofit organizations or groups that agree to restore or preserve the property. The contract for the transfer of the property must contain a provision that: 1. requires the property to be preserved in its present or restored state upon any subsequenttransfer; and 2. provides for the reversion of the property to the City for noncompliance with conditions attached to the transfer. 2.05.040 Requirements for certain sales. When the City Commission has determined, after publiC hearing, that any real property which is owned by the city is no longer needed, the property may be sold by bid, auction with reserve, or negotiated sale or exchange, subject, where appropriate, to a minimum price established through an appraisal that certifies the value of such property. Notice of sale, exchange, or auction shall be published as provided in M.C.A. Section 7.1-4127. The city may terminate the sale procedures used at any time and may reinitiate the same or different procedures at a later date. 2.05.050 Terms of sale. A. Except as provided in Section 2.05.030.D, a sale under this part must be for cash or on terms that the City Commission may approve, provided that at least 20% of the purchase price is paid in cash. All deferred payments on the purchase price of any property sold must bear interest at the rate of 6% a year a market rate. payable annually, and may be extended over a period of not more than five years. B. Subject to Section 2.05.030.D, a sale may not be made for less than 90% of the appraised value, C. Subject to Section 2.05.030.D, the title to any property sold may not pass from the City until the purchaser or the purchaser's assigns have paid the full amount of the purchase price into the City treasury for the use and benefit of the City. 2.05.060 Appraisal required fOfcertain sales. Unless otherwise provided, no sale of real property shall be made of any property unless it has been appraised within three rr,ontha one year prior to the date of the sale. -2- 2.05.070 Use of proceeds of property disposition, The funds derived from property disposed of in accordance with this chapter, in the discretion of the City Commission, may be credited to any account that is in the best interest of the City." Section 2 Repealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed, Section 3 Savinas 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. Section 4 Severabilitv If any portion of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 5 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 19th day of December 2005. -dff((j ~ ANDREW L. CETRARO, Mayor ATTEST: (if'/ P4~ J R IN L. SULLIVAN City Clerk - 3- 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 17th day of January 2006. ~~ IL {C..~ - -- JEFF K. US, Mayor ATTEST: C2/..; / ~ ROBIN L. SULLIVAN City Clerk APPROVED AS TO FORM: - 4-