Loading...
HomeMy WebLinkAboutOrd1998-004 I I I Introduction Date: June 8.1998 Public Hearing Date: June 22. 1998 Sponsored by: Janke CITY OF SEWARD, ALASKA Ordinance No. 98-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 7, PUBLIC PROPERTY ~7.05 PUBLIC NOTICE OF ACQUISITION AND DISPOSAL OF REAL PROPERTY WHEREAS, portions of Seward City Code Title 7 have proven to be redundant and confusing with regard to public hearings Chapter 7.05 Acquisition and Disposal of Real Property; and WHEREAS, it is in the public interest bring the city code current and make it easily understood. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Title 7 Public Property, Chapter 7. 05 Acquisition and Disposal of Real Property, Article 1. Generally is hereby amended as follows: 7.05.110 Adoption of provisions and statutory authority. These regulations are adopted by the city council pursuant to authority vested in that body by the charter of the city and by the Alaska Land Act, AS 38.05.820, as amended 7.05.115 Definitions. For purposes of this chapter, the following terms defined have the meaning provided below unless the context requires otherwise. "City" means the city of Seward, Alaska. "Disposition" means the transfer of city interest in real property by warranty or quitclaim deed, easement, grant, permit, license, deed oftrust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or any other lawful method or mode of conveyance or grant. "Acquisition" means to obtain ownership or interest in and to hold real property within or outside the city boundaries by purchase, gift, donation, grant, dedication, exchange, redemption, purchase or equity of redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation, lease or by any other lawful means of conveyances. "Fair market value" means the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used. "Real property interest" means any estate in land, including tide and submerged lands, or improvements thereon. Rights-of-way, encroachments or easements wherein no warranties are made and title is not transferred are regarded as not involving the disposal of a party's interest in real property; thus, the execution of such documents are exempt from provisions of charter S 12.3 (b) and 97.05.110, et. seq. ofthis chapter. "Submerged lands" means those lands covered by tidal waters between the line of mean low water and seaward to a distance of three geographical miles, or as may hereafter be properly claimed by the city. "Tidelands" means those lands which are periodically covered by tidal waters between the elevation of mean high water and mean low water or are contained within a recorded Alaska Tideland Survey. "Essential Terms and Conditions" means a description of the real property involved; the length or term of a lease; the sale, purchase or lease amount; any special deed restrictions or covenants; and any special development requirements. (Ord. 92-05) 7.05.120 Alternative means of real property acquisition or disposition. The city council may acquire or dispose of interest in real property by negotiation, public auction or sealed bid. (Ord. 92- 05) 7.05.125 Public bearing and notice. Prior to disposition or acquisition of a real property interest by negotiation, public auction or sealed bid, a public hearing shall be held. Notice of the public hearing shall be published in a newspaper of general circulation in the city and shall be posted in at least three public places within the city. Both posting and publication shall be done at least ten days prior to the hearing. (Ord. 520, 1984; Ord. 92-05) 7.05.130 Terms and conditions to be made available. The notice of public hearing shall indicate where the public may obtain the essential terms and conditions of the proposed acquisition or disposition. A copy ofthe terms and conditions shall be maintained for inspection at the office of the city clerk for at least ten days prior to the hearing. (Ord. 520, 1984; Ord. 92-05) 7.05.135 Authorizing resolution to approve terms and conditions. At any time after the hearing required in 97.05.125, the council shall make a finding in an authorizing resolution that the essential terms and conditions and the method of acquisition or disposition are in the public interest. 7.05.140 Posting copy of resolution. Upon adoption of a resolution approving an acquisition or disposition, the city clerk shall cause a true copy of same to be posed for at least thirty days in at least three public places within the city. (Ord. 92.05) 7.05.145 Effectiveness of resolution. Objections to a resolution approving a real property acquisition or disposition may be made at any time until the resolution becomes effective. Unless rescinded or amended, any resolution adopted under this chapter automatically becomes effective thirty days after passage and posting. (Ord. 92-05) -2- I I I 7.05.150 Appraisal. A. The city shall not dispose of any real property interest without first making an appraisal of the fair market value of that interest, unless the city council finds by resolution that the public interest will not be served by an appraisal. B. If an appraisal is made, the property interest shall not be disposed off or less than the appraised fair market value, unless the city council finds by resolution that public interest will be served by disposing of the property interest for less than the appraised fair market value. (Ord. 92-05) 7.05.155 Notice of foreclosure sale. Before property obtained through foreclosure may be sold, notice of such sale must be sent by registered or certified mail to the last known address of the record owner at the time the foreclosure action was initiated. The notice shall be mailed at least thirty days prior to the effective date of sale. It shall contain the following information: 1. the time and date of sale; 2. the manner of sale; 3. the place of sale; and 4. notice that until the effective time of sale the record owner has the right to repurchase the property as provided by Alaska Statute 29.45. (Ord. 92-05) 7.05.160 Adjustment to fair market value. A. Except as provided in B. of this section, the rent under each lease of city property shall be adjusted on July 1, 1995, and on July 1 of every fifth year thereafter during the term of the lease, to the fair market rental value of the property as of the date of adjustment. For each leased property subject to rent adjustment under this section, the city shall obtain a fair market rental value appraisal as of the date of each rent adjustment. B. Subsection A. of this section shall not apply to any lease of city property: 1. authorized before the effective date of this section, except to the extent that the rent adjustment described in A. of this section has been incorporated in the terms ofthe lease; 2. for which the council finds that the public interest will be served by leasing the property for less than appraised value; or 3. whose terms provide for adjustment of rent to fair market value more frequently than every five years.' C. Nothing in this section extends the term of any lease of city property. (Ord. 92-05) Article 2. Disposition of Real Property by Public Auction or Sealed Bid 7.05.210 Terms and conditions of sale. A. The resolution authorizing the sale of real property by public auction or sealed bid shall set forth the terms and conditions of the public sale. The council shall reserve the right to reject any and all bids received. The resolution shall provide if the sale if for cash, or cash deposit and a purchase agreement. If the sale is for a cash deposit and a purchase agreement, the city manager shall prescribe the form of the purchase agreement. -3- B. The city manager shall designate the individual who shall conduct the sale, and such designee shall give the bidder a receipt for all moneys received by the city. A purchaser at a public sale by auction or sealed bid who fails to make such other cash payments within the time required by the authorizing resolution shall forfeit any cash deposit paid to the city. 7.05.215 Location of sale. The public sale by auction shall take place at a location within the city limits as selected by the city manager. (Ord. 520, 1984; Ord. 92-05) 7.05.220 Procedure for sale by sealed bid. All real property interests offered for public sale by sealed bid may be sold to any person submitting an offer in writing to the council. Such offer shall be submitted in a sealed envelope marked "Real Property Bid" and must be accompanied by a check or money order made payable to the city in an amount equal to at least twenty (20) percent of the amount bid for residential lots and ten (10) percent of the amount bid for other parcels. (Ord. 520, 1984; Ord. 92-05) 7.05.225 Selection of successful bidder(s). If there is more than one bid, at a public auction or by sealed bid, for a particular lot or group oflots, the lot(s) shall be sold to the highest bidder(s). The highest bidder(s) shall be the one(s) whose bid(s) represents the highest total price for the property interest(s). In the event that two or more parties submit high but identical bids, the council may accept the bid first received, or reject all bids. (Ord. 520, 1984; Ord. 92-05) 7.05.230 Resolution accepting bids. After a sale has been conducted by public auction or sealed bid, the council, by resolution with or without public hearing, may approve all public sales of real property based on the bids received, and shall approve any purchase agreement prior to its execution by the city. The approval of any public sale by the council authorizes the city manager to take all steps and execute all instruments to complete and close the sale. (Ord. 520, 1984; Ord. 92-05) Section 2. Article 4. Short-Term Lease Negotiation, Article 5. Encroachments, easements and rights-of-way and Article 6. Tidelands and associated subsections shall be renumbered Articles 3, 4 and 5 respectively. Section 4. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22nd day ofJune, 1998. THE CITY OF SEWARD, ALASKA ~1fttlf2 2;15: Lowell R. Satin, Mayor -4- I I I AYES: NOES: ABSENT: ABSTAIN: ATTEST: Blatchford, Callahan, Clark, Gage, King, Off, Satin None None None APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the City of Seward, Alaska ') \ ~A//C:7- Patrick Reilly City Clerk City Attorney (City SetU"UIU"... .... O~ SJ:::, '~~ ~...... '-l .~...::.'1(- .{~~, ,.. ,{f. ....,.,POFti... '1-\1 ., '. ~ v ". of" . ').... ,.>~ "'.. .. -.0 ~'io \J "'.. ~ :~. - ~ ~ :~ -+- \ : - : c:~, \:L \ .. :: .: .-.; ,< :L. : . :: .. ~ "'-I......,. ' . ~ .1 . . .t4 \11 . ____ ... " '. ,.- .. \).. n '.V), f't."..... .. , {.,.. :'" "~ n'\ n' ~ " \. ~ ~",' ',. ~; ~ ..... . . '. ',," 1: '\ .' .,1' ..' ..~- " . .....O~ I" ~t.,~ r_.... ..~. '".~"'l'~-;} . , " -5-