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HomeMy WebLinkAboutFinally adopt Ordinance 1880, 15-month ground lease, Tatarka for Mandeville Farm_Part141 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Craig Woolard, Director of Public Works Chris Kukulski, City Manager SUBJECT: Finally Adopt Ordinance No. 1880 authorizing the City Manager to enter into a 15-month ground lease with Bill Tatarka for the lease of the Mandeville Farm property for the purpose of farming. MEETING DATE: February 24, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to enter into a 15-month lease with Bill Tatarka for the purpose of farming on the Mandeville Farm property. BACKGROUND: On January 27, 2014, the Commission provisionally adopted Ordinance No. 1880 authorizing the City Manager to renew a lease with Bill Tatarka for the purpose of farming Mandeville Farm. The City of Bozeman has leased the Mandeville Farm property to a local farmer since it was purchased in 2003. Bill Tatarka has leased the property since January 1, 2008. In the past, this lease has been approved with a term of 2-years; however, with the eventual sale of the Mandeville Farm property we reduced the term to 15 months. The Mandeville Farm is also known as the North Park property. Per the lease, Mr. Tatarka pays the City twenty-five percent of the value of any crop harvested, less the cost of chemicals used for weed control. The lease requires the lessee to control noxious weeds. The amount the City receives varies annually. 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.” 140 2 FISCAL EFFECTS: The City has received approximately $25,000 since 2008. 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: 1) Ordinance 1880; and 2) Mandeville Farm Agricultural Lease. Report compiled on: January 8, 2014 141 ORDINANCE 1880 Page 1 of 3 ORDINANCE NO. 1880 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 15-MONTH GROUND LEASE WITH BILL TATARKA FOR THE LEASE OF MANDEVILLE FARM PROPERTY, FOR THE PURPOSE OF FARMING. WHEREAS, the City of Bozeman desires to lease property at the Mandeville Farm, located on Red Wing Road, for farming purposes as it has done since the property was purchased in 2003; and WHEREAS, said lease allows land to be grazed and/or farmed, with 25% of the value of any crop harvested from premises, less cost of chemicals used for weed control, up to $200 annually, to be paid to the City; and WHEREAS, Bill Tatarka 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: 142 ORDINANCE 1880 Page 2 of 3 Section 1 The City Commission hereby authorizes the City Manager to enter into the attached 15-month ground lease (Exhibit A) with Bill Tatarka for lease of the Mandeville Farm property, located on Red Wing Road, 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 1880 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. 143 ORDINANCE 1880 Page 3 of 3 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 27th of January, 2014. ___________________________________________ 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 10th day of February, 2014. The effective date of this ordinance is March 10, 2014. ______________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 144 145 146 147 148 149