HomeMy WebLinkAboutOrd2017-003 Sponsored by: Hunt
Introduction Date: September 25, 2017
Public Hearing Date: October 9, 2017
Enactment Date: October 9, 2017
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2017-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RESCINDING SECTION 4 OF NON-CODE ORDINANCE 2013-
012 WHICH AUTHORIZED SOLE SOURCE NEGOTIATION FOR
DISPOSAL OF THE PROPERTY DESCRIBED AS THE WEST % OF
LOTS 19 AND 20, BLOCK 30, ORIGINAL TOWNSITE OF SEWARD;
WITH TAX PARCEL ID NUMBER 14813010, LOCATED AT 408
MADISON, AND INSTEAD AUTHORIZE DISPOSAL BY SEALED BID
AT A MINIMUM BID OF$36,700
WHEREAS, the Seward City Council approved Non-Code Ordinance 2013-012 on
August 26, 2013, authorizing foreclosure on the above-named property for delinquent property
taxes and because the property was vacant and had become a public safety hazard, and
authorizing the disposal by sole source negotiation with the adjacent property owner who had
agreed to provide for the full demolition, removal and clean-up of the parcel; and
WHEREAS, at the time of enactment of Non-Code Ordinance 2013-012, the 50 foot x
60 foot parcel was a non-conforming undevelopable parcel due to its size, but since that time, the
Seward City Council enacted Ordinance 2016-009 on January 23, 2017, modifying the minimum
lot size to 3,000 square feet, making this parcel a developable parcel; and
WHEREAS, since enactment of Non-Code Ordinance 2013-012, the adjacent property
owner decided not to acquire the property by sole source negotiation, and the parties ceased to
negotiate; and
WHEREAS, the City obtained title to the property from the Kenai Peninsula Borough in
accordance with Section 2 of Ordinance 2013-012, has completed the process of removing
structures from the property and cleaning up the property and is proceeding to dispose of the
parcel; and
WHEREAS, Seward City Code §7.05.210 establishes that the sale of real property be by
public auction or sealed bid and the administration recommends sale of this parcel for cash
deposit and a purchase agreement by sealed bid at a minimum bid of$36,700 reflecting the 2017
Kenai Peninsula Borough property assessment on the land, considered to be lower than fair
market value, but covering the City's costs of property foreclosure and clean-up; and
WHEREAS, Seward City Code §7.05.220 provides that sealed bids shall be submitted in
a sealed envelope marked "Real Property Bid" and must be accompanied by a check or money
507486\1002100642238
CITY OF SEWARD,ALASKA
NON-CODE ORDINANCE 2017-003
order made payable to the city, and this sale will require a bid deposit equal to 20% of the
amount bid; and
WHEREAS, upon successful receipt of bids, the City Council will approve the final
disposition of the real property based on the highest bid received, and shall approve any purchase
agreement prior to its execution by the City, and should purchaser fail to meet the terms of the
purchase agreement at any time after award by Council, purchaser shall forfeit bid deposit and the
next highest bidder shall be considered the successful bidder, upon approval by the Seward City
Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. This is a Non-Code Ordinance.
Section 2. The City has determined by Non-Code Ordinance 2013-012 that it has no
public purpose for West 'Y2 of Lots 19 and 20, Block 30, Original Townsite of Seward.
Section 3. The Seward City Council hereby rescinds Section 4 of Non-Code Ordinance
2013-012 which authorized sole source negotiations for disposal of the property described as the
West '/2 of Lots 19 and 20, Block 30, Original Townsite of Seward, with tax parcel ID number
14813010 located at 408 Madison, and instead authorizes disposal by sealed bid at a minimum
bid price of$36,700.
Section 4. The City Manager and Finance Director are hereby authorized to conduct a
public sale by sealed bid advertised in a newspaper of local circulation. The agreement will be
subject to approval by the Seward City Council.
Section 5. The City Council hereby finds it to be in the public interest to sell this parcel
for a minimum bid of$36,700 which may be less than fair market value, recognizing that State
law requires that any amount received in excess of the City's cost to foreclose, demolish
structures, clear the property and prepare the property for sale shall revert to the last known
owner of record of the property prior to foreclosure.
Section 6. The recitals stated above are hereby adopted as findings of the City Council.
For these reasons, the City Council authorizes the sale and transfer of this property as is, where
is, with no warranties, and for less than fair market value.
Section 7. This ordinance shall take effect ten days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 9th day of October,
2017.
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2017-003
THE CITY OF SEWARD, ALASKA
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can Bardarson, Mayor
AYES: Keil, Squires, McClure, Slater, Bardarson
NOES: Casagranda
ABSENT: Altermatt
ABSTAIN: None
ATTEST:
rends Ballow, M
Acting City Clerk
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