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HomeMy WebLinkAboutE4 Finally adopt Ord 1683 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Stuart John Bernard, Deputy City Clerk Chris A. Kukulski, City Manager SUBJECT: Final Reading of Ordinance 1683 MEETING DATE: November 27, 2006 BACKGROUND: This is the second reading of Ordinance 1683 β€œAN 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.” There have been no changes from the first reading of this ordinance. RECOMMENDATION: Finally adopt Ordinance 1683 ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Stuart John Bernard Approved by: Chris A. Kukulski, City Manager - 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: β€œ2.05.020 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. β€œ 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resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed.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