Loading...
HomeMy WebLinkAboutC5. Final Ord 191356 57 Page 1 of 4 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 58 Ordinance 1913, Sale and Conveyance of Three Parcels for Rouse Avenue Reconstruction Project Page 2 of 4 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 59 Ordinance 1913, Sale and Conveyance of Three Parcels for Rouse Avenue Reconstruction Project Page 3 of 4 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. 60 Ordinance 1913, Sale and Conveyance of Three Parcels for Rouse Avenue Reconstruction Project Page 4 of 4 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 3rd day of August, 2015. The effective date of this ordinance is September 3rd, 2015. __________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105