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.
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Attachments: Ordinance 1912
Lyman Water Treatment Plant Property Lease
Report compiled on: May 19, 2015
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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
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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.
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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
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