HomeMy WebLinkAboutOrdinance 12- 1841 Dayhuff property lease ORDINANCE NO. 1841
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 1-YEAR
GROUND LEASE WITH STEVEN G. DAYHUFF FOR THE LEASE OF WATER
TREATMENT PLANT PROPERTY NEAR THE MYSTIC HEIGHTS SUBDIVISION,
FOR THE PURPOSE OF FARMING.
WHEREAS, the City of Bozeman desires to lease property at the Water Treatment Plant
for fanning purposes as it has done since 1989; and
WHEREAS, said lease allows land to be grazed and/or farmed; and
WHEREAS, Steven Dayhuff 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, 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:
Section I
ORDINANCE NO. 1841
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The City Commission hereby authorizes the City Manager to enter into the attached 3-year
ground lease (Exhibit A) with Steven Dayhuff for lease of Water Treatment Plant Property
near Mystic Heights Subdivision, 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 1841 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this ordinance are, and the same are hereby, repealed and all other provisions of the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 NO. 1841
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the I 01 of September, 2012.
SEAN A. ECKER
O ,' Mayor
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A`'TEST:a J
STA V MV E. y NJ
City lcrk'
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 24'x' of
September, 2012. The effective date of this ordinance is October 24`x', 2012.
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SEAN A. ITEtKER
Mayor
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ity 06 , .
.�, j APPROVED.AS '1'O FORM:
G SULLIVAN
City Attorney
ORDINANCE NO. 1$41
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