HomeMy WebLinkAboutFinally Adopt Ordinance 1888, Bargain and Sale Deed with MDT for College Street Project_11
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer
SUBJECT: Ordinance 1888, Bargain and Sale Deed, City of Bozeman to Montana
Department of Transportation (College Street, 19th to Main Project)
MEETING DATE: May 5, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Having conducted a public hearing, considered written and spoken
public testimony, and based on the findings contained in this and other related staff memoranda,
the content of Ordinance 1888 and findings articulated by the Commission during discussion, I hereby move to finally adopt Ordinance 1888 ratifying the City Manager’s signature on the
Agreement to Sell and Purchase Real Estate, Tract A-1-B of Certificate of Survey 1243 B, with
the Montana Department of Transportation.
BACKGROUND: The Montana Department of Transportation (MDT) needs to acquire additional right-of-way from the City of Bozeman for the re-construction of College Street from
S. 19th Avenue to West Main Street. The parcel is identified as Parcel 3 on the right-of-way plans
and consists of Tract A-1-B of Certificate of Survey 1243B and a portion of Open Space 10 of
the Bozeman Gateway Subdivision. MDT is offering $199,550.00 as compensation for the right-of-way deed, a 675 square foot drainage easement, and damages to existing improvements. An appraisal was done to determine the cost of the land. Upon receiving the signed documents,
MDT will release the funds to the City of Bozeman. This Ordinance was provisionally adopted
on April 21st.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: As suggested by the City Commission.
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FISCAL EFFECTS: MDT will remit $199,550.00 to the City of Bozeman for granting
this right-of-way. Staff recommends that these funds be reserved in an account for future right-
of-way acquisitions as needed; however this recommendation has been removed from the
Ordinance per Commission motion during provisional adoption.
Attachments: Ordinance 1888
Report compiled on April 25, 2014
71
ORDINANCE 1888
Page 1 of 4
ORDINANCE NO. 1888
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE MONTANA DEPARTMENT OF TRANSPORTATION FOR
THE SALE AND CONVEYANCE OF A 1.57 ACRE PORTION OF WEST COLLEGE
STREET.
WHEREAS, the City of Bozeman owns property near the western terminus of West College Avenue with a legal description of:
A tract of land in Open Space 10 of the Final Plat of The Bozeman Gateway Subdivision,
P.U.D., Phase 3, according to the official plat thereof on file and of record in the office of
the County Clerk and Recorder of Gallatin County, Montana; and also within Tract A-1-
B of Certificate of Survey No. 1243B, situated in the NE¼NW¼ of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according
to the official plat thereof on file and of record in the office of the County Clerk and
Recorder of Gallatin County, Montana, containing an area of 63,535 sq. ft. , more or less,
including 26,992 sq. ft., which constitute a part of an existing public highway;
WHEREAS, The Montana Department of Transportation is desirous of purchasing the
1.57 acre tract of land described above; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an
ordinance when the City conveys or authorizes the conveyance of any lands of the city; and WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC) 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 2.06.880 BMC 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
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ORDINANCE 1888
Page 2 of 4
WHEREAS, Section 2.06.880 BMC also provides that notice of sale shall be published as provided in MCA 7-1-4127; and
WHEREAS, Section 2.06.890.B BMC provides that a sale may not be made for less than
90% of the appraised value; and
WHEREAS, Section 2.06.900 BMC provides that 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, Jennifer Gilman, a qualified appraiser with the Montana Department of
Transportation, on December 3, 2013, appraised the value of the parcel and access easement to be $199,550.00; and
WHEREAS, a Right-of-Way Agreement to Buy and Sell has been negotiated between
the Montana Department of Transportation and the City of Bozeman, and is attached to this
Ordinance as Attachment 1; and WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance
accepting said offer 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 accepts and authorizes the City Manager to sign the
Right-of-Way Agreement to Buy and Sell which is attached to this Ordinance as Attachment 1.
By accepting this offer the Commission authorizes, subject to completion of the contingencies as
stated in the attached Agreement, and those contingencies listed below, the conveyance of the fee title to the property to the purchaser:
1. The sale prices shall be One-hundred ninety-nine Thousand, Five-hundred and Fifty
dollars. ($199,550.00).
2. The City Manager shall not be authorized to sign the Right-of-Way Agreement to Buy and Sell until 30 days after final adoption of this ordinance; as such, the Agreement to Buy and Sell shall not be binding on the City of Bozeman until executed by the City
Manager at that time.
3. The purchaser shall finalize the draft Certificate of Survey enclosed with this Ordinance
as Exhibit A to Attachment 1, and at closing shall deliver four (4) mylar copies fit for filing with the Gallatin County Clerk & Recorder along with a digital copy.
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ORDINANCE 1888
Page 3 of 4
Section 2 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 3 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 4
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 5
Effective Date.
This ordinance shall be in full force and effect 30 days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the________________.
____________________________________ JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
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ORDINANCE 1888
Page 4 of 4
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______________.
The effective date of this ordinance is___________________.
__________________________________
JEFFREY K. KRAUSS Mayor ATTEST:
_______________________________
STACY ULMEN City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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