HomeMy WebLinkAbout08-27-07_Finally adopt Ordinance No_ 1713, Revising Section_3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Bozeman Municipal Code Text Amendment Revising Requirements for Sales of
Real Property
MEETING DATE: August 27, 2007
RECOMMENDATION: Finally adopt Ordinance No. 1713.
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.
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager
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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
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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
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