On September 13, 2010, City Council conducted a public hearing to consider donation or sale of parkland, a 6.775 acre parcel of parkland at Sahara Park, to the Better Billings Foundation to construct and operate a pool.  The donation was approved but, because all Council members were not present, the vote was 5-3.  BMCC 22-902. Sale, disposal or lease of City property,  requires that a resolution disposing of property be passed by six (6) of the City Council members present.  Therefore, the vote was deemed to have failed.  However, a Council initiative subsequently passed by a 7-1 vote returned the issue to the Oct. 12, 2010, agenda for reconsideration.

The City of Billings entered into a funding and development agreement (see attachment) on December 14, 2009, with the Better Billings Foundation to construct and operate a family aquatic center on a site (see attachment) presently owned by the City known and named as Sahara Park.

Pursuant to the agreement, the City would consider the sale or donation of the Aquatic Project Land (6.775 acres) to the Foundation and if such sale or donation is approved by City Council, the City would transfer the Aquatic Project Land in fee simple by warranty deed to the Foundation. The terms of such sale or donation would also include a (a) condition subsequent in any sale agreement and deed that the Aquatic Project Land would only be used for the construction and operation of a family aquatic center, and (b) reversion of the land and all improvements in fee simple to the City if the Aquatic Project Land is not continuously used in satisfaction of such condition subsequent.

The City is presently responsible for all maintenance and control of the property including access by the public consistent with other City parkland. If the sale or donation to the Foundation is approved and the land is transfered, the Foundation would be solely responsible for all control, maintenance and liability for the Aquatic Project Land.

If the City council does not approve the sale or donation of the Aquatic Project Land, the funding and development agreement with the Foundation will become null and void.

The Council must reconsider the item and may:

• Sell or donate the Aquatic Project Land to the Foundation as requested; or
• Decline the Foundation’s request

There is no immediate financial impact to the City.

There has been a long standing need for an aquatic facility in the Heights. It would significantly add to the general quality of life in Billings. The Better Billings Foundation is willing to raise the funds ($4 million), construct and operate an aquatic facility that will be accessible to all residents in Billings. Since this facility will benefit all residents of Billings and be in the best interest of the city to assist in moving forward this worthy project, staff recommends that Council approve this unique request and donate the Aquatic Project land to the Better Billings Foundation as outlined in the attached funding and development agreement.