HomeMy WebLinkAboutFinally Adopt Ordinance No. 1810, 3 year ground lease with Dodge for farming on Lyman property.pdf1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Service
Chuck Winn, Assistant City Manager
SUBJECT: Final Adoption of Ordinance No. 1810 authorizing the City Manager to
enter into a 3-year ground lease with Donald Dodge for the lease of the Lyman Water Treatment
Plant property for the purpose of farming.
MEETING DATE: June 27, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to enter into a 3-year lease with Donald
Dodge for the purpose of farming on the Lyman Water Treatment Plant property.
BACKGROUND: The City of Bozeman has leased the Lyman Water Treatment Plant
property to a Donald Dodge since 1984. Per the lease, Mr. Dodge is required to control noxious
weeds.
Section 2.11 of the Bozeman City Charter requires the Commission to adopt an ordinance any
time the Commission “convey(s), lease(es) or authorize(s) the conveyance or lease of any lands
of the city.”
Section 7-8-4201, Montana Codes Annotated (MCA) authorizes the City to lease property upon a
vote of two-thirds (2/3) of the Commission which requires an affirmative vote of four members
of the five member Bozeman City Commission.
This Ordinance is not codified but will 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.”
FISCAL EFFECTS: The property is used for farming purposes and the lessee is required to
control weeds so the City does not incur the costs for maintenance.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Ordinance 1810
Lyman Water Treatment Plant Property Lease
Report compiled on: May 6, 2011
61
ORDINANCE NO. 1810
Page 1 of 3
ORDINANCE NO. 1810
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR
GROUND LEASE WITH DONALD DODGE FOR THE LEASE OF PROPERTY AT
THE LYMAN WATER TREATMENT PLANT, FOR THE PURPOSE OF FARMING.
WHEREAS, the City of Bozeman desires to lease property at the Lyman Water
Treatment Plant for farming purposes as it has done since 1984; and
WHEREAS, said lease allows land to be grazed and/or farmed; and
WHEREAS, Donald Dodge has indicated his desire to renew said lease; and
WHEREAS, the lease of this property benefits the public interest because the land is
used for agricultural purposes and lessens the City’s resources to maintain it; and
WHEREAS, the lease requires lessee to control noxious weeds; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires the Commission to
adopt an ordinance when the Commission "convey(s), lease(es)or authorize(s) the conveyance or
lease of any lands of the city;" and
WHEREAS, Section 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, 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:
62
ORDINANCE NO. 1810
Page 2 of 3
Section 1
The City Commission hereby authorizes the City Manager to enter into the attached 3-year
ground lease (Exhibit A) with Donald Dodge for lease of the Lyman Water Treatment Plant
Property, 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 1810 and as
such the City Manager cannot execute the lease until 30 days after second reading of this
Ordinance.
Section 2
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 3
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 4
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 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.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
63
ORDINANCE NO. 1810
Page 3 of 3
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 6th of June, 2011.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
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 27th day
of June, 2011. The effective date of this ordinance is July 27, 2011.
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
64
65
66
67
68