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ORDINANCE NO. 1913
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 PORTIONS OF THREE PARCELS OF LAND BY
DEED AND CONSTRUCTION PERMIT FOR THE ROUSE AVENUE
RECONSTRUCTION PROJECT.
WHEREAS, the City of Bozeman owns three parcels of property on and along North
Rouse Avenue (also known as State Highway 86), with legal descriptions as follows:
Parcel 4: Lots 15 and 16, Block F, Rouse’s First Addition (34 N. Rouse Ave) Parcel 10: A portion of Block I, Original Townsite of Bozeman, Certificate of Survey
#732 (121 N. Rouse Ave)
Parcel 70: Lots 1-10 and Lot 24, Block 29, Imes Addition (814 N. Bozeman)
WHEREAS, The Montana Department of Transportation is desirous of purchasing 345
square feet of land by deed and 1,136 square feet by construction permit on Parcel 4; is desirous
of purchasing 654 square feet of land by deed and 274 square feet by construction permit on
Parcel 10; and is desirous of purchasing 4,071 square feet of land by deed and 1,120 square feet
by construction permit on Parcel 70; and
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 1913, Sale and Conveyance of Three Parcels for Rouse Avenue Reconstruction Project
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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,
construction permit, and land on Parcel 4 to be $16,500.00; and appraised the value of the
improvements, construction permit, and land on Parcel 10 to be $13,000.00; and appraised the
value of the improvements, construction permit, and land on Parcel 70 to be $32,450.00;
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
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
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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 sixty one thousand nine hundred fifty and 00/100 dollars ($61,950.00) for the right-of-way for Parcels 4, 10, and 70;
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.
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.
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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 20th day of July, 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, CMC City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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