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Item 3.
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| City Council Regular | |
| Date: | 11/13/2023 |
| Title: | Public hearing and first reading of ordinance - amendment to Article 22-900 Sale, Exchange, or Donation of City Real Property |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | Yes |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff requests Council conduct a public hearing and approve the first reading of the ordinance amending Article 22-900 Sale, Exchange or Donation of City Real Property.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On September 18, 2023, Council discussed a proposal to amend city code which would generally revise the enabling legislation regarding acquisition and disposition of city real property. Based on the feedback, it appeared Council was reluctant to proceed with the amendments and was not comfortable delegating certain authority to the city administrator.
On October 2, 2023, staff presented an alternative version of amendments to Article 22-900 to Council at a work session. This proposed ordinance only modify provisions related to the disposition of City owned property and does not include any amendments adding a delegation of authority to staff or any provisions related to easements or the purchase of property. The proposed ordinance would amend BMCC section 22-902 to provide additional options for Council to dispose of city property. Currently, property must be advertised for competitive bid prior to the sale, exchange, or donation. Staff seeks to include the option to negotiate a sale directly or to utilize a public auction.
The ordinance also contains some clarifying language regarding the process involved in disposing of property. The process outlined in the amendment is not different from the process currently followed under section 22-902 except for the notice provision. The notice provision proposed in this ordinance would amend this section to make the requirements consistent with the public notice requirements contained in Montana law for publication of notices with the exception of an additional requirement requested by Council that a notice be placed on the property prior to Council consideration of whether to dispose of property.
On October 2, 2023, staff presented an alternative version of amendments to Article 22-900 to Council at a work session. This proposed ordinance only modify provisions related to the disposition of City owned property and does not include any amendments adding a delegation of authority to staff or any provisions related to easements or the purchase of property. The proposed ordinance would amend BMCC section 22-902 to provide additional options for Council to dispose of city property. Currently, property must be advertised for competitive bid prior to the sale, exchange, or donation. Staff seeks to include the option to negotiate a sale directly or to utilize a public auction.
The ordinance also contains some clarifying language regarding the process involved in disposing of property. The process outlined in the amendment is not different from the process currently followed under section 22-902 except for the notice provision. The notice provision proposed in this ordinance would amend this section to make the requirements consistent with the public notice requirements contained in Montana law for publication of notices with the exception of an additional requirement requested by Council that a notice be placed on the property prior to Council consideration of whether to dispose of property.
STAKEHOLDERS
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve
FISCAL EFFECTS
There are no direct fiscal effects from the proposed amendments to Article 22-900. However, the amendments are being requested to improve the City's opportunity to receive market value out of the sale of public property.
SUMMARY
Staff requests Council conduct a public hearing and approve the first reading of the ordinance amending Article 22-900 Sale, Exchange or Donation of City Real Property to improve the City's opportunities for a competitive market based sale of public land.