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Item 1.I.
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| City Council Regular | |
| Date: | 11/27/2023 |
| Title: | Second reading of ordinance amending Article 22-900 - Sale, exchange, or donation of city real property |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends Council approve second reading of the ordinance.
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, Council was reluctant to proceed with more comprehensive amendments increasing the city administrator's authority.
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.
A public hearing on the first reading was held on November 13, 2023, and was approved by a majority of Council.
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.
A public hearing on the first reading was held on November 13, 2023, and was approved by a majority of Council.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve
FISCAL EFFECTS
No direct fiscal effects. However, the amendments are designed to create more interest in the purchase of city properties for sale.