HomeMy WebLinkAboutOrdinance 09- 1773 99-year ground lease with HRDC for public transportation storage and repair facilityORDINANCE 1773
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 99-YEAR
GROUND LEASE WITH THE HUMAN RESOURCES DEVELOPMENT COUNCIL,
INC. FOR THE LEASE OF A .539-ACRE PARCEL FOR THE PURPOSES OF
DEVELOPING A PUBLIC TRANSPORTATION STORAGE AND REPAIR FACILITY.
WHEREAS, the City of Bozeman desires to develop a project with the Human
Resources Development Council, Inc. (HRDC) to construct a public transportation support
facility at the Bozeman Lower Yards, a property owned by the City of Bozeman and located at
1812 North Rouse Ave.; and
WHEREAS, the project includes the City of Bozeman and the HRDC jointly
constructing a facility that has certain elements funded exclusively by the City for purposes of
City vehicle maintenance, storage, and repair and other elements funded exclusively by the
HRDC for storage and maintenance of Streamline buses and related equipment while
recognizing some infrastructure components are to be jointly funded; and
WHEREAS, the HRDC portion of the project is funded primarily through federal dollars
allocated to HRDC by the Montana Department of Transportation and the Federal Transit
Authority under the American Reinvestment and Recovery Act and under those requirements the
HRDC must obtain at a minimum a 99-year lease of real property from the City; and
ORDINANCE 1773
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WHEREAS, the City of Bozeman desires to ensure the joint project is developed and
thus desires to lease a .539 acre parcel created by subdivision by lease to the HRDC for purposes
of constructing its portion of the project under terms as stated in the attached lease; and
WHEREAS, the HRDC has indicated its desire to enter into said lease; and
WHEREAS, the use of funding from both the City and HRDC furthers the public
interest because the sharing of infrastructure costs reduces the overall burden to tax payers as
well as the users of the Streamline facilities; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires the Commission adopt
an ordinance any time the Commission "convey(s), lease(es)or authorize(s) the conveyance or
lease of any lands of the city;" and
WHEREAS, Sect. 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, an appraisal of the value of the real property for the duration of the 99-year
lease period was conducted and the price per square foot value was determined by the appraisal
to be $6.00 per square foot and based on this appraisal, the .539 acre (23,478.84 sq.ft.) parcel is
valued at $140,873.04 - a value the lease requires HRDC to pay to the city either through cash
payment or the equivalent in infrastructure improvements; 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:
ORDINANCE 1773
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Section 1
The City Commission hereby authorizes the City Manager to enter into the attached 99-
year ground lease (Exhibit A) with the Human Resources Development Council, Inc. for
lease of a .539-acre parcel located at 1812 North Rouse Ave., Bozeman, MT. The lease is
incorporated herein by reference and made a part of this Ordinance.
Final execution of the lease is dependent upon final adoption of this Ordinance 1773 and as
such the City Manager cannot execute the lease until 30 days after second reading of this
Ordinance.
Repealer.
Section 2
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.
Savings Provision.
Section 3
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.
Severability.
Section 4
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 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."
ORDINANCE 1773
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Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 14th day of September, 2009.
KAAREN JACOB N
Mayor
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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 5th day of
October, 2009. The effective date of this ordinance is November 4, 2009.
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KAAREN JACO ON
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G SULLIVAN
City Attorney
ORDINANCE 1773
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