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Home My WebLink About06-01-20 City Commission Packet Materials - C19. Ord 2049 Final Adoption for Boz Public Safety Center Sidewalk Commission Memorandum REPORT TO: FROM: SUBJECT: Honorable Mayor and City Commission Chuck Winn, Assistant City Manager Final Adoption of Ordinance 2049, Ratifying the Authorization of the Director of Public Works on the Right-of-Way Agreement and Compensation Waiver with the Montana Department of Transportation (MDT) for the Transfer of Right-of-Way for the Bozeman Public Safety Center Sidewalk and Authorizing the City Manager to sign a Quitclaim Deed and Realty Transfer Certificate MEETING DATE: June 1, 2020 AGENDA ITEM TYPE: Consent BACKGROUND: On May 11th, 2020, the City Commission adopted Ordinance 2049 ratifying the signature of the Director of Public Works on a compensation waiver with MDT and authorizing the City Manager to sign a quitclaim deed and realty transfer certificate for certain right-of-way at the Bozeman Public Safety Center as described below. By approving this item on consent tonight, the ordinance will go into effect in 30 days. There was no public comment and the Commission provisionally adopted the ordinance without changes. The Montana Department of Transportation (MDT) needs to acquire one additional foot of right-of-way (ROW) from the City of Bozeman to construct a five-foot wide sidewalk along Rouse Avenue and Tamarack Street. Current ROW allows for construction of a four-foot wide sidewalk. City staff in the Engineering and Planning Departments recommend a wider sidewalk to accommodate the expected increase in pedestrian traffic within the Rouse corridor as a result of the construction of the BPSC. The granting of additional ROW will have no impact on the project. To install a five foot sidewalk, MDT requires the City to transfer the additional one foot to it through its standard right-of-way process rather than have the City either grant an easement or simply allow the additional width to be constructed on City property. As such, this Ordinance is required. Previously, the Director of Public Works signed a Right-of-Way agreement and waiver of compensation. The adoption of this Ordinance will ratify both of these. UNRESOLVED ISSUES: None ALTERNATIVES: As identified by the City Commission FISCAL EFFECTS: The granting of the additional ROW will be completed for $1.00. Attachments: Ordinance 2049 Quitclaim Deed Realty Transfer Certificate Right-of-Way Agreement Waiver of Compensation Report compiled on May 26, 2020 202 ORDINANCE NO. 2049 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MONTANA DEPARTMENT OF TRANSPORTATION FOR THE SALE AND CONVEYANCE OF PORTIONS OF CITY OWNED PROPERTY ALONG ROUSE AVE. AND TAMARACK STREET FOR THE CONSTRUCTION OF ADDITIONAL WIDTH OF SIDEWALK ADJACENT TO THE BOZEMAN PUBLIC SAFETY CENTER. WHEREAS, the City of Bozeman owns the property where the construction of the Bozeman Public Safety Center is being constructed; and WHEREAS, The Montana Department of Transportation and City are desirous of constructing a five-foot wide sidewalk along Rouse Ave. and Tamarack Street to better serve pedestrian traffic adjacent to the Bozeman Public Safety Center; and WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City conveys or authorizes the conveyance of any lands of the city; and WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC) 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; 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… negotiated sale…, subject… to a minimum price established through an appraisal that certifies the value of such property…” and WHEREAS, Section 2.06.880 BMC also provides that notice of sale shall be published as provided in MCA 7-1-4127; and 203 WHEREAS, a Right-of-Way Agreement has been negotiated between the Montana Department of Transportation and the City of Bozeman for the property needed for the additional width of sidewalk; and WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance accepting said offer 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 hereby finds granting the additional right-of-way to the Montana Department of Transportation is in the public interest as the additional right-of way will facilitate the construction of a five-foot sidewalk adjacent to the Bozeman Public Safety Center in compliance with existing municipal code requirements. Furthermore, the Commission finds the transfer of the city land will be for purposes in fulfillment of the original purchase of the Rouse Avenue property – to facilitate the construction of the Bozeman Public Safety Center. Section 2 The City Commission hereby authorizes the City Manager to sign the Quitclaim Deed and Realty Transfer Certificate attached to this Ordinance as Attachment A. Section 3 The Commission hereby ratifies the approval of and execution by the City’s Public Works Director on the Right-of-Way Agreement and Compensation Waiver, attached to this Ordinance as Attachment B. Section 4 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. 204 Section 5 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 6 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 7 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 11th day of May, 2020. CHRIS MEHL Mayor ATTEST: ______________________________ MIKE MAAS City Clerk 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 . The 205 effective date of this ordinance is . CHRIS MEHL Mayor ATTEST: ______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney 206 ROW\FORMSV\CQ\211Revised 12Revised 5-14-2012STATE OF MONTANADEPARTMENT OF TRANSPORTATIONRIGHT-OF-WAY BUREAUWAIVER OF COIVIPENSATION for DONATIOM1. Project ID: STPP 86-1 (44)0 Project No.: 4805-044Designation: Rouse Ave - BozemanParcel #: 80.1 A2. Description of Right-of-Way (Acreage, Lot & Block, COS, Section, Township, Range, etc.):Lots 1 - 12 Blk28 Imes' Addition to Bozeman3. Property Owner: City of Bozeman4. Waiver by Property Owner:The undersigned, having first been informed concerning the right of the property owner to receivean appraisal of and payment for land acquired for highway right-of-way, do hereby waive said rightsand voluntarily agree to donate the right-of-way needed for the above-named project.Dated this 3lsrCdav of ^ArckProperty Owner:. 20^0.^^s^.^na^jre: NltAd^Jkk S*'BkAte^ -"?*A»tI^ Ul<iK& 'Oi«^»^/ X5aZ^»»iAn^ KT(_^ (Printed Name & Title) - ~ — .,Signature:Use the following if property owner is a Corporation, LLC, Trust, or Partnership, etc.By.By.Witness:,Sighatureas(Title or Capacity)as(Title or Capacity)^ 0\j0ULi^>of(Name of Corporation, LLC, Trust, etc.)of(Name of Corporation, LLC, Trust, etc.)')&A^nnt mAl(Y^Distribution:Original to: Montana Department of TransportationCopy to: Property Owner207 208 209 210 211 212