Loading...
HomeMy WebLinkAboutOrdinance 14- 1894 Land Exchange with MDT for 12 acres at Nelson and Frontage and 7.83 acres at 907 North Rouse a8 so co. ORDINANCE NO. 1894 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO APPROVE A LAND EXCHANGE CONVEYANCE AGREEMENT BETWEEN THE MONTANA DEPARTMENT OF TRANSPORTATION (MDT) AND THE CITY OF BOZEMAN FOR THE CONVEYANCE OF PROPERTY OWNED BY THE CITY GENERALLY DESCRIBED AS APPROXIMATELY 12 ACRES LOCATED AT THE INTERSECTION OF NELSON AND FRONTAGE ROAD TO MDT AND THE CONVEYANCE OF PROPERTY OWNED BY MDT GENERALLY DESCRIBED AS 7.83 ACRES AT 907 NORTH ROUSE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings. The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City of Bozeman owns real property at the Water Reclamation Facility (the "WRF") known as Tract MDT of Certificate of Survey 473F located within the NW 1/4 of Section 26, TOIS, R05E, PMM, City of Bozeman, Gallatin County, Montana (the "Nelson Road Property"). 2. The Montana Department of Transportation (MDT) owns real property at 907 North Rouse Avenue known as Parcel A of Amended Plat of Blocks 14, 15 & 28 of Imes' Addition to Bozeman, located in the Southwest Quarter of Section 6, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana (the "Rouse Avenue Property"). 3. Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City "convey[s]... or authorize[s] the conveyance... of any lands of the city." 4. Section 2.06.870 of the Bozeman Municipal Code (BMC) grants the City Commission the jurisdiction and power to sell and exchange city property, however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of property. 5. Section 2.06.890.B, BMC, subject to section 2.06.870.D, authorizes the sale of City property for not less than 90 percent of the appraised value. Page 1 of 5 Ordinance 1894, Land Exchange Conveyance with MDT 6. Section 2.06.900, BMC provides that "[N]o sale of real property shall be made of any property unless it has been appraised within one year prior to the date of the sale. 7. On November 8, 2013, the Bozeman City Commission conducted a public hearing wherein the Commission determined by a vote of 5-0, adopted the findings included in the November 18, 2013 staff memorandum and concluded that up to 12 acres City-owned property at the WRF is no longer necessary for the conduct of City business or the preservation of City property and also that the public interest would be furthered by the exchange of the property with MDT for the purpose of locating a new police and courts facility and/or other city uses. The Commission directed the City Manager to complete all steps necessary to complete the exchange in accordance with 2.06.870.C, BMC, and return to the Commission with an ordinance authorizing the exchange. 8. Should the Bozeman City Commission provisionally adopt this ordinance by no less than 4 votes of its total membership, notice of provisional adoption of this ordinance shall be published in compliance with Sect. 7-1-4127, MCA, prior to final adoption. Section 2 The Bozeman City Commission hereby authorizes the City Manager to sign the attached Land Exchange Conveyance Agreement to exchange Real Estate (Exhibit A to this Ordinance). In doing so, the Commission authorizes, subject to fulfillment of the contingencies as stated in the attached Agreement and those contingencies listed below: 1. The conveyance of the fee title to the Nelson Road Property to the MDT; 2. The acceptance of fee title to the Rouse Avenue Property from MDT; 3. The granting of an easement to MDT on property owned by the City at the Water Reclamation Facility as stated in and shown on Exhibit C (Easement Agreement) of the Conveyance Agreement; 4. The lease back of the Rouse Avenue Property to MDT pursuant to the terms listed in Exhibit F-1 of the Conveyance Agreement. The Commission's authorization for the City Manager to sign shall not be effective until 30 days after final adoption of this ordinance; as such, the Agreement to Sell and Purchase Real Estate shall not be binding on the City of Bozeman until that time. The granting of the easement and the leaseback agreement shall become effective upon exchange of the properties. Ordinance 1894 Page 2 of 5 Ordinance 1894, Land Exchange Conveyance with MDT Section 3 The Commission hereby authorizes the City Manager to take all steps necessary to finalize the Conveyance Agreement, leaseback, and easement, including execution of all necessary documents. Section 4 The Commission determines the following regarding the values of the Nelson Road Property and Rouse Avenue Property: 1. The "as is" appraised values of the exchange properties are $1,033,000 for the Rouse Avenue Property and $84,000 for the Nelson Road Property. 2. MDT and the City acknowledge the appraisal for the Rouse Avenue Property valued 0.211 acres MDT will retain for highway right-of-way purposes, and the City and MDT agree the appraised value of such parcel shall be reduced accordingly by $32,169.00 thus reducing the value of the exchanged properties for the purposes of this Agreement to $1,000,831 for the Rouse Avenue Property and $84,000 for the Nelson Road Property. 3. To compensate for the difference in agreed-upon values of the exchange properties, the City shall pay to MDT at closing the sum of $916,831, plus or minus prorations and adjustments (the"Deficiency Amount"). 4. The City will pay MDT the Deficiency Amount as follows; a. The City shall transfer the impact fee credit presently associated with the Rouse Avenue Property to MDT. The amount of that credit is $170,508; and b. The City will pay MDT via warrant and check the balance of the Deficiency Amount, $746,323, plus or minus prorations and adjustments. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Ordinance 1894 Page.3 of 5 Ordinance 1894, Land Exchange Conveyance with MDT Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code; rather, this Ordinance shall be maintained by the City Clerk in an indexed file of all Ordinances not to be codified. Section 7 Effective Date. This ordinance shall be in full force and effect 30 days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of July, 2014. JEF USS M or ATTEST: rck STAttY U N, CMC Ci Clerk Ordinance 1894 Page 4 of 5 Ordinance 1894, Land Exchange Conveyance with MDT 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 28"' day of July, 2014. The effective date of this ordinance is August 28"i, 2014. JEFF SS Ma or ATTEST: .Oz • • r A -EN,;CMC _.< ��rr• . ,o, °�1J`. APPROVED AS TO FORM: Ix Cu GR ULLIVAN City orney Ordinance 1894 Page 5 of 5