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HomeMy WebLinkAboutOrdinance 13- 1858 Ground Lease with Robert D. Marx lee ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 5-YEAR GROUND LEASE WITH ROBERT D. MARX FOR THE LEASE OF CEMETERY PROPERTY, FOR THE PURPOSE OF FARMING. WHEREAS, the City of Bozeman desires to lease property at the Sunset Hills Cemetery, for farming purposes as it has done since 1987; and WHEREAS, said lease allows land to be grazed and/or farmed; and WHEREAS, Robert D. Marx 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: ORDINANCE 1858 Page 1 of 3 Section I The City Commission hereby authorizes the City Manager to enter into the attached 5-year ground lease (Exhibit A) with Robert D. Marx for lease of the Cemetery property, The lease is incorporated herein by reference and made a pan of this Ordinance. Final execution of the lease is dependent upon final adoption of this Ordinance 1858 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the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.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. ORDINANCE 1858 Page 2 of 3 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 4th of February, 2013. SEAN A. B CKER Mayor Al a d k S y1i "Y' C MF,.N CNtC C C etk i r . FINALLY PASSER, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 25th day of February, 2013. The effective date of this ordinance is March 25th, 2013. J A. BECKER r ATTEST: �tp N, Cave • y, erk „ APPROVED AS TO FORM: R SULLIVAN City Attorney ORDINANCE 1858 Page 3 of 3