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DRAFT RESOLUTION NUMBER A RESOLUTION OF THE MISSOULA CITY COUNCIL TO EXPEND $25,000 OF 2006 OPEN SPACE BOND PROCEEDS TO CONTRIBUTE TOWARDS THE PURCHASE OF APPROXIMATELY 102 ACRES ON THE EAST SIDE OF BONNER SCHOOL, KNOWN AS THE BONNER HILL, TO BE OWNED BY THE BONNER SCHOOL DISTRICT FOR OPEN SPACE PURPOSES. WHEREAS, the City of Missoula has adopted the Missoula Urban Area Open Space Plan 2006 Update (“Open Space Plan”), which envisions an open space system for the greater Missoula area; and WHEREAS, the Bonner Hill property is located within the boundaries of the Open Space Plan and the Plan encourages the preservation of land in their natural ecological state for wildlife habitat and their scenic value; and WHEREAS, a vote of Missoula County citizens in November 2006 authorized the Missoula County Commissioners to issue $10 million dollars of Open Space Bonds to acquire open space land, $5,000,000 of which is allocated for lands in or near the City, as guided by the Open Space Plan; and WHEREAS, the November 2006 open space bond election ballot lists purchasing lands that provide open space and scenic landscapes and protecting wildlife habitat as two of the allowed types of bond expenditures; and WHEREAS, the Bonner Hill property, consisting of approximately 102 acres, consists of a mixed coniferous forest that provides good wildlife habitat for elk, white-tail deer, black bear, and various small mammals; and WHEREAS, the Bonner Hill property is adjacent to the Bonner School playground and has served for many years as an extended natural playground for the students and area residents and as the scenic background to the Bonner community; and WHEREAS the Bonner School District has expressed their intent to maintain the property forever as open space for the public, with hiking trails and environmental education opportunities for the students and the public; and WHEREAS, the large majority of the funding for the purchase price of approximately $140,000 will come from the Natural Resources Damage Program as a grant of $115,000 has been approved; and ---PAGE BREAK--- WHEREAS, the Open Space Advisory Committee ("OSAC") met on March 11, 2010 and unanimously recommended approval of contributing towards the purchase of the Bonner Hill property; and WHEREAS, because the Bonner School District is not a traditional owner of conservation lands, OSAC members unanimously voted to recommend to the Council and the County Commissioners to make the Open Space Bond funding contingent upon the following: That a deed restriction and reversion in favor of the State or The Nature Conservancy be placed upon the property in order to assure that the property’s open space values of wildlife corridor and habitat, scenic view-shed, public trails, and environmental education are permanently protected. The reversionary clause in the deed should include language similar to the following “The 102 acre parcel must be utilized and maintained as public open space land without any structural development occurring other than for improvements related to its public open space status”; and NOW THEREFORE, BE IT RESOLVED that the Missoula City Council authorizes the Mayor to contribute $25,000 from the 2006 open space bond proceeds towards the purchase price of the Bonner Hill property by the Bonner School District for open space purposes. BE IT FURTHER RESOLVED that the Missoula City Council makes the funding contingent upon a deed restriction and reversion in favor of the State or The Nature Conservancy be placed upon the property in order to assure that the property’s open space values of wildlife corridor and habitat, scenic view-shed, public trails, and environmental education are permanently protected. The reversionary clause in the deed should include language similar to the following “The 102 acre parcel must be utilized and maintained as public open space land without any structural development occurring other than for improvements related to its public open space status.” PASSED AND ADOPTED this day of June, 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL)