HomeMy WebLinkAboutC4 Ordinance 1907
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer
SUBJECT: Ordinance 1907, Bargain and Sale Deed, City of Bozeman to Montana
Department of Transportation (Rouse Avenue, Oak to Story Mill Project)
MEETING DATE: March 16, 2015 AGENDA ITEM TYPE: Consent
RECOMMENDATION: Having conducted a public hearing, considered written and spoken
public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1907 and findings articulated by the Commission during discussion, I
hereby move to finally adopt Ordinance 1907 ratifying the City Manager’s signature on the
Agreement to Sell Real Estate, Parcels 103 and 128 of the Rouse Ave-Bozeman Project, with
the Montana Department of Transportation.
BACKGROUND: The Montana Department of Transportation (MDT) needs to acquire
additional right-of-way from the City of Bozeman on two parcels of land for the re-construction
of Rouse Avenue/Bridger Drive from Oak Street to Story Mill Road. The parcels are identified
as Parcels 103 and 128 on the right-of-way plans. Parcel 103 is identified as Tract 2 of
Certificate of Survey 2818, located at 1814 N. Rouse Avenue, and is the location of the Vehicle Maintenance Department. MDT is offering $30,600.00 as compensation for the right-of-way
deed for 2,314 square feet, a 4,903 square foot access easement to provide an access to the
NorthWestern Energy valve station, an 8,966 temporary construction permit, and damages to
existing improvements. Parcel 128 is identified as a vacant un-platted tract of land located at the
southwest corner of Story Mill Road and Bridger Drive. MDT is offering $14,750.00 for a 2,011 square foot easement, a 6,305 square foot temporary construction permit, and damages to
existing improvements.
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An appraisal was done to determine the cost of the land at the beginning of right-of-way
negotiations. The appraisals were originally done in October 2012, and appraisal updates were
done in July 2014. Upon receiving the signed documents, MDT will release the funds to the City
of Bozeman. UNRESOLVED ISSUES: None identified.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: MDT will remit $43,350.00 to the City of Bozeman for granting
this right-of-way. Staff recommends that these funds be reserved in an account for future right-
of-way acquisitions as needed.
Attachments: Ordinance 1907
Report compiled on March 3, 2015
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ORDINANCE 1907
Page 1 of 5
ORDINANCE NO. 1907
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE MONTANA DEPARTMENT OF TRANSPORTATION FOR
THE SALE AND CONVEYANCE OF 0.2118 ACRES OF LAND BY DEED AND
EASEMENT FOR THE ROUSE AVENUE RECONSTRUCTION PROJECT.
WHEREAS, the City of Bozeman owns two parcels of property on and along North
Rouse Avenue and Bridger Drive (also known as State Highway 86), with legal descriptions as
follows:
Parcel 128: tract of land within portion of abandoned Chicago, Milwaukee, St Paul and
Pacific Railroad Company’s right-of-way situated in the SE1/4 SE1/4, Section 31, Township 1
South, Range 6 East, located at the SW corner of Bridger Drive and Story Mill Road;
Parcel 103: Tract 2 of Certificate of Survey No. 2818, situated in Government Lot 2,
(NW1/4, NE1/4) Section 6, Township 2 South Range 6 East, commonly known as 1814 N. Rouse Avenue;
WHEREAS, The Montana Department of Transportation is desirous of purchasing 7,217
square feet of land by deed and easement on Parcel 103, and is desirous of purchasing 2,011
square feet of land by easement on Parcel 128;
WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an
ordinance when the City conveys or authorizes the conveyance of any lands of the city; and
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ORDINANCE 1907
Page 2 of 5
WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC) grants the City
Commission the jurisdiction and power to sell any real property, however acquired, belonging to
the City that is not necessary to the conduct of city business or the preservation of property; and
WHEREAS, Section 2.06.880 BMC states, “When the City Commission, after a public
hearing, has determined by a two-thirds vote of all the members, that any real property owned by
the city is not needed for public use, or that the public interest may be furthered, the City may
sell such property by… negotiated sale…, subject… to a minimum price established through an
appraisal that certifies the value of such property…” and
WHEREAS, Section 2.06.880 BMC also provides that notice of sale shall be published
as provided in MCA 7-1-4127; and
WHEREAS, Section 2.06.890.B BMC provides that a sale may not be made for less than
90% of the appraised value; and
WHEREAS, Section 2.06.900 BMC provides that no 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; and
WHEREAS, Kraig Kosena, a qualified appraiser with the Montana Department of
Transportation, on 10/26/12 with updates in July 2014, appraised the value of the improvements
and access easement on Parcel 128 to be $14,750.00, and appraised the value of the
improvements, easement, and land on Parcel 103 to be $30,600.00; and
WHEREAS, a Right-of-Way Agreement to Buy and Sell has been negotiated between
the Montana Department of Transportation and the City of Bozeman for each parcel, and are
attached to this Ordinance as Attachment 1; and
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ORDINANCE 1907
Page 3 of 5
WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance
accepting said offer by no less than a two-thirds vote 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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1 The Bozeman City Commission hereby accepts and authorizes the City Manager to sign the
Right-of-Way Agreement to Buy and Sell along with the associated easement and realty transfer
documents which are attached to this Ordinance as Attachment 1. By accepting this offer the
Commission authorizes, subject to completion of the contingencies as stated in the attached Agreement, and those contingencies listed below, the conveyance of the fee title to the property to the purchaser:
1. The compensation shall be Forty-five thousand three hundred fifty and 00/100 dollars
($45,350.00) for the right-of-way for Parcels 128 and 103; 2. The City Manager shall not be authorized to sign the Right-of-Way Agreement to Buy and Sell until 30 days after final adoption of this ordinance; as such, the Agreement to
Buy and Sell shall not be binding on the City of Bozeman until executed by the City
Manager at that time.
Proceeds of the sale shall be deposited in reserved in an account for future right-of-way acquisitions as needed fund.
Section 2
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
provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 3 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.
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ORDINANCE 1907
Page 4 of 5
Section 4
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 5
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 2nd day of March, 2015.
____________________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
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 16th day of March,
2015. The effective date of this ordinance is April 16, 2015.
__________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN City Clerk
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ORDINANCE 1907
Page 5 of 5
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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