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HomeMy WebLinkAbout08-13-07_Provisional Adoption of Ordinance No_ 1713, Amendi_14Commission Memorandum REPORT TO FROM SUBJECT Honorable Mayor and City Commission Tim Cooper Assistant City Attorney Chris Kukulski City Manager Bozeman Municipal Code Text Amendment Revising Requirements for Sales of Real Property August 13 2007MEETINGDATE BACKGROUND The Commission has requested revisions to Bozeman Municipal Code Chapter 2 05 Acquisition and Transfer of City Property to clarify requirements for certain sales Specifically it was requested that the additional consideration of public interest be included in the determination of whether property may be sold It was also requested that the ordinance be consistent with state statute in its provision that sales require a two thirds vote of the Commission The text of the Bozeman Municipal Code can only be amended by another ordinance This ordinance will effect such amendment RECOMMENDATION Provisionally adopt Ordinance No 1713 Respectfully submitted Tim Cooper Assistant City Attorney Chris Kukulski City Manager 101 ORDINANCE NO 1713 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 2 05 040 OF SAID CODE REVISING THE REQUIREMENTS FOR CERTAIN SALES OF REAL PROPERTY BE IT ORDAINED by the City Commission of the City of Bozeman Montana Section 1 That Section 2 05 040 of the Bozeman Municipal Code be amended so that such Section shall read as follows 112 05 040 Requirements for certain sales When the City Commission after public hearino has determined by a two thirds vote of all the members 3fter public hearing that any real property wAiGR is owned by the city is no longer needed not needed for public use or that the public interest may be furthered the City may sell such property may be Gold by bid auction with reserve or negotiated sale or exchange subject where appropriate to a minimum price established through an appraisal that certifies the value of such property Notice of sale exchange or auction shall be published as provided in M C A Section 7 1 4127 The city may terminate the sale procedures used at any time and may reinitiate the same or different procedures at a later date 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All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 3 Savings Provision This ordinance does not affect the rights and duties that matured penalties that were incurred or proceedings that were begun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 ofthis ordinance which may be given effect without 1102 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 PASSED by the City Commission of the City of Bozeman Montana on first reading at a regular session thereof held on the day of August 2007 PASSED ADOPTED AND APPROVED by the City Commission ofthe City of Bozeman Montana on second reading at a regular session thereof held on the day of 2007 JEFFREY K KRAUSS Mayor ATTEST BRIT FONTENOT City Clerk APPROVED AS TO FORM PAUL J LUWE City Attorney 2103