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HomeMy WebLinkAboutOrdinance 12- 1836 Sale of vacant office space in Bridger Park Parking Garage Gi �9'L ORDINANCE NO. 1836 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RATIFYING THE SIGNATURE OF THE CITY MANAGER ENTERING INTO A PURCHASE AND SALE AGREEMENT FOR THE SALE AND CONVEYANCE OF A 1000 SQUARE FOOT UNFINISHED VACANT OFFICE SPACE ON THE SECOND FLOOR OF THE BRIDGER PARK PARKING GARAGE, PROVIDING CONTINGENCIES AND AN EFFECTIVE DATE. WHEREAS,the City of Bozeman owns property located on the second floor of the Bridget Park Parking Facility located at 26 East Mendenhall Street; known as the vacant unfinished office space on the second floor of the Bridget Park multi-modal parking facility, hereinafter referred to as the "Property"; and WHEREAS,the City is desirous of selling the Property; and WHEREAS, 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"; and WHEREAS, Section 2.05.030 of the Bozeman Municipal Code (BMC), adopted pursuant to 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; and WHEREAS, Section 2.05.040, BMC, adopted pursuant to Ordinance 1713, 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 2.05.040, BMC, also states, "Notice of sale... shall be published as provided in MCA 7-1-4127'; and WHEREAS, Section 2.05.050.B, BMC, adopted pursuant to Ordinance 1658, states, "... a sale may not be made for less than 90% of the appraised value"; and ORDINANCE 1836 Page I of 4 WHEREAS, Section 2.05.060, BMC, adopted pursuant to Ordinance 1658, states, "... no 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"; and WHEREAS, on June 4, 2012, the Bozeman City Commission,by a vote of 4 to 0, determined the Property was no longer necessary to the conduct of city business; and WHEREAS, Keith O'Reilly, MAI, a General Certified Appraiser from Bridger Appraisal, Inc., on July 12, 2012, appraised the value of the Property at $127,000.00; and WHEREAS, on July 11,2012,the Bozeman City Manager signed an agreement for the sale of the Property for$125,000.00 cash subject to several contingencies including appraisal, creation of a condominium unit through an exemption from subdivision review, inclusion of the condominium unit into the Mendenhall Marketplace Condominiums and ratification of the agreement by ordinance of the Commission; and WHEREAS,the agreement to sell the Property is attached to this Ordinance as Attachment A; and WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance ratifying said agreement 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 ratifies the attached agreement for the sale of the Property. By accepting this offer the Commission authorizes, subject to completion of the contingencies as stated in the attached Commercial Buy - Sell Agreement and those contingencies listed below, the conveyance of the fee title to the property to the purchaser: 1. The sale price shall be one hundred twenty five thousand dollars and zero cents ($125,000.00). 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 Purchase and Sale Agreement shall not be binding on the City of Bozeman until such time and until completion of all included contingencies. 4. The sale shall close as stated in the agreement. ORDINANCE 1836 Page 2 of 4 5. Proceeds of the sale shall be deposited in the parking enterprise fund and assigned to capital replacement and long term maintenance. 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 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 6 Effective Date. This ordinance shall be in full force and effect 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 24th day of September, 2012. ORDINANCE 1836 Page 3 of 4 mow. SEAN A.BECKER Mayor ATTEST: 4 ST Y s•LfJ�• ♦ 1 Ci Clerk FIN'Ai f p SSVD, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,'Montana on second reading at a regular session thereof held on the I" day of October, 2012. The effective date of this ordinance is October 31,2012, SEAN A.BECKER Mayor ATTEST: • O?4t ST y_,;tmc. City Jerk^ ••_ ;z G19 .f♦ {� �3 APPROVED AS TO FORM: rrrr co GR SULLIVAN City Attorney ORDINANCE 1836 Page 4 of 4