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HomeMy WebLinkAboutE7 Res 3976 Parking Land Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Paul Luwe, City Attorney Chris Kukulski, City Manager SUBJECT: Commission Resolution 3976 MEETING DATE: Monday November 6, 2006 BACKGROUND: On the 8th day of May 1974 the City Commission adopt Resolution No. 1676 establishing a Parking Commission. On 24th day of November 1976 the City Commission limited the authority of the Parking Commission. The limitations were related to regulating on street parking, making capital improvements, and issuing revenue bonds. On 6th June 2006 the City Commission restored some of the authority back to the Parking Commission, but also provided different limitations. One of these limitations was that all land purchased by the Parking Commission would be in the name of the City of Bozeman. The intent of this provision was to have the ownership of all real property in the name of the City of Bozeman rather than the Parking Commission. Since the adoption of this resolution, the City and Parking Commission have discovered one property that, prior to the June 6, 2005 Resolution, was deeded to the City doing business as the Parking Commission. This language may create a legal issue as to ownership and has already created a political issue in dealing with the Armory site. A review of all deeds has not been performed so there may be additional property that has similar issues. MCA Section 7-14- 4623 provides that the City Commission can by resolution transfer the property of the Parking Commission to the city. However, adoption must be by a two-thirds vote (4 Commissioners) This statute reads: The legislative body of a city, at any time after the activation of a parking commission, may adopt by a two-thirds vote thereof a resolution transferring the property of the commission to the city. The city may, through such department as it may determine, exercise its powers in regard thereto by virtue of the constitution or this or other general law, but no such transfer shall be made in contravention of any covenant or agreement made with the holders of any revenue bonds of the commission theretofore issued and then outstanding. The proposed resolution would transfer all land that the Parking Commission owns or may have an interest in to the City Commission and would be consistent with the intent of the June 6, 2005 Resolution, Commission Resolution No. 3803. RECOMMENDATION: The City Commission approve the Resolution. NOTE (Requires two-thirds (4 Commissioners) to enact this resolution). FISCAL EFFECTS: No significant fiscal effects have been identified. ALTERNATIVES: As may be recommended by the Commission. Respectfully submitted, _________________________________ ____________________________ Paul J. Luwe, City Attorney Chris A. Kukulski, City Manager Attachments: as COMMISSION RESOLUTION NO 3976 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE TRANSFER OF ALL REAL PROPERTY (LAND) OF THE BOZEMAN PARKING COMMISSION TO THE CITY OF BOZEMAN. WHEREAS, the City Commission did, on the 8th day of May 1974 adopt Resolution No. 1676 establishing a Parking Commission; WHEREAS, the City Commission on 24th day of November 1976 limited the authority of the Parking Commission by adopting Commission Resolution No. 1839: WHEREAS, the City Commission adopted Commission Resolution No. 3803 on 6th June 2006 restoring some of the authority back to the Parking Commission, but specifically providing that all land purchased by the Parking Commission shall be in the name of the City of Bozeman. WHEREAS, transferring all land that the Parking Commission owns or has an interest in to the City of Bozeman is consistent with Commission Resolution No. 3803 and consistent with the City Commission’s intent to have all land be in the name of the City of Bozeman.: WHEREAS, MCA Section 7-14-4623 provides that the City Commission can by resolution transfer the property of the Parking Commission to the city. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: All real property that the Bozeman Parking Commission owns, may own, or has an interest in is hereby transferred to the City of Bozeman. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____day of ________ 2006. - 1 - _____________________________________ JEFFERY K. KRAUSS, Mayor ATTEST: _____________________________________ Brit Fontenot City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney - 2 -