HomeMy WebLinkAboutD8 Ord 1683 acquistion
Commission Memorandum
REPORT T O: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Amendment to Ordinance 1658
MEETING DATE: November 13, 2006
BACKGROUND: Ordinance 1658 provides no flexibility in negotiating the land purchase.
The final sentence of paragraph 2.05.020 states the City can not pay more than the appraised
value for a piece of property. Though I believe that an appraisal is necessary in order to gage
value and ensure that the publics’ funds are being expended responsibly, the appraisal process is
far from perfect. Therefore, I am requesting that we amend Ordinance 1658 in order to provide
some level of flexibility to the City Manager and City Commission in negotiating for the
purchase of property. Once an appraisal confirms or sets the market value on a piece of
property, it is incumbent on the administration to provide the City Commission with rationale as
to why we should ever pay more than the appraisal value. If the City Manager and or City
Commission believe that it is in the best interest of the public to pay something other than the
appraised value, the City Commission will have the latitude to do so as a result of this
amendment.
RECOMMENDATION: The City Commission adopt the attached amendment to Ordinance
1658.
FISCAL EFFECTS: Unknown at this time
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
____________________________
Chris A. Kukulski, City Manager
Attachments: Ordinance 1658
Report compiled on November 8, 2006
- 1 -
ORDINANCE NO. 1683
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE BE AMENDED BY REVISING SECTION 2.05.020 OF SAID CODE;
PROVIDING FOR THE ELIMINATION OF THE PROHIBITION OF PAYING
MORE THAN THE APPRAISED VALUE OF PURCHASING REAL
PROPERTY.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Section 2.05.020 of the Bozeman Municipal Code, so that BMC Section 2.05.020 shall read:
“2.05.020 Appraisal required for certain purchases of real property or conservation
easements. Unless otherwise provided by law, the City may not purchase real property in an amount in
excess of $200,000 or a conservation easement using public funds in an amount in excess of $40,000 unless
the value of the property or conservation easement has been previously estimated by a disinterested certified
general real estate appraiser selected by the City Manager. The City may not pay more than the appraised
value for the real property or conservation easement. “
Section 2
Repealer
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
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.
Section 4
Severability
If any portion of this ordinance or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without
- 2 -
the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be
severable.
Section 5
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the
first reading at a regular session thereof held on the 13th day of November, 2006
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 27th day of November, 2006.
__________________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney