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HomeMy WebLinkAboutC14. REV Prov Ord 1912 Lyman1 Commission Memorandum Revised Memo 5-28-15 REPORT TO: Honorable Mayor and City Commission FROM: Craig Woolard, Director of Public Works Chris Kukulski, City Manager SUBJECT: Ordinance No. 1912 authorizing the City Manager to enter into a 2-year ground lease with Lyman Creek Management LLC for the lease of the Lyman Water Treatment Plant property for the purpose of farming. MEETING DATE: June 1, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to enter into a 2-year lease with Lyman Creek Management LLC for use of Lyman Water Treatment Plant property for agricultural purposes. BACKGROUND: The City of Bozeman previously leased the Lyman Water Treatment Plant property to Donald Dodge beginning in1984. Mr. Dodge passed away and his property was purchased by Lance and Siri Gilliland, who would like to assume the lease. Per the lease, the lessee is required to control weeds. Section 2.11 of the Bozeman City Charter requires the Commission to adopt an ordinance any time the Commission “convey(s), lease(es) or authorize(s) the conveyance or lease of any lands of the city.” Section 7-8-4201, Montana Codes Annotated (MCA) authorizes the City to lease property upon a vote of two-thirds (2/3) of the Commission which requires an affirmative vote of four members of the five member Bozeman City Commission. This Ordinance is not codified but will be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Conveyances and Leases of City Land.” FISCAL EFFECTS: The property is used for agricultural purposes and the lessee is required to control weeds so the City does not incur the costs for maintenance. In addition, terms of the agreement require the lessee to pay $400 annually for the lease. ALTERNATIVES: As suggested by the City Commission. 2 Attachments: Ordinance 1912 Lyman Water Treatment Plant Property Lease Report compiled on: May 19, 2015 243 244 245 246 247 248 249 250 ORDINANCE 1912 Page 1 of 3 ORDINANCE NO. 1912 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR GROUND LEASE WITH LYMAN CREEK MANAGEMENT LLC FOR THE LEASE OF PROPERTY AT THE LYMAN WATER TREATMENT PLANT FOR AGRICULTURAL PURPOSES. WHEREAS, the City of Bozeman has leased property at the Lyman Water Treatment Plant to Donald Dodge for agricultural purposes since 1984; and WHEREAS, Donald Dodge is deceased and Lance and Siri Gilliland have purchased real property located at 3185 Bridger Canyon Road, Bozeman, Montana from Donald Dodge’s estate; and WHEREAS, the term of the most recent agricultural lease with Donald Dodge ended on June 20, 2014; and WHEREAS, Lance and Siri Gilliland through their limited liability company desire to continue leasing the property for agricultural purposes; and WHEREAS, the lease of this property benefits the public interest because the land’s use for agricultural purposes lessens the City’s resources necessary to maintain it; and WHEREAS, the lease requires Lessee to control noxious weeds; and WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City conveys, leases or authorizes the conveyance of any lands of the City; and WHEREAS, Section 7-8-4201, MCA, authorizes the City to lease property upon a vote of 2/3 of the Commission which requires an affirmative vote of four members of the five- member Bozeman City Commission; and 251 ORDINANCE 1912 Page 2 of 3 WHEREAS, should this Ordinance never be finally adopted by the Bozeman City Commission, the lease shall have no binding effect. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The Bozeman City Commission hereby authorizes the City Manager to enter into the three-year ground lease attached as Exhibit A with Lyman Creek Management LLC. The lease is incorporated herein by reference and made a part of this Ordinance. Final execution of the lease is dependent on final adoption of this Ordinance 1912 and as such the City Manager cannot execute the lease until 30 days after second reading of this Ordinance. Section 2 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 in Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 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. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 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 5 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. 252 ORDINANCE 1912 Page 3 of 3 Section 6 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 June 1, 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______________. The effective date of this ordinance is___________________. __________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 253