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HomeMy WebLinkAboutOrd1984-520 . . . e e CITY OF SEWARD, ALASKA ORDINANCE NO. 520 ~~ Introduced By: Introduction Date. .::?, Public Hearing & Enactment Date: ~/#7/Ri/ , , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RE-ENACTING CHAPTER 2, ARTICLE VIII, OF THE SEWARD CITY CODE RELATIVE TO THE DISPOSITION OF REAL PROPERTY WHEREAS, the City Council finds the current procedures govern- ing the disposition of real property by the City of Seward to be cumber- some and time consuming; and WHEREAS, the City Council believes that the public interest would best be served by acting upon the disposition of City property immediately following the hearing of public testimony; and WHEREAS, the City Council further wishes to establish less complicated procedures for the lease, sale or exchange of City property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Chapter 2, Article VIII, of the Seward City Code is hereby repealed and re-enacted to read as follows in Exhibit "A" which is attached and incorporated herein as a part of this ordinance. Section 2. This ordinance shall take effect 10 days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of February , 19 84 THE CITY OF SEWARD, ALASKA Cli2 41R ' rillesPie~MaYOr AYES: NOES: ABSENT: ABSTAIN: Gillespie, Hilton, Meehan, Swartz, Williams, Wilson None Cripps None -1- . - CITY OF SEWARD, ALASKA ORDINANCE NO. 520 ATTEST: . . (City Seal) -2- . APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska O-LdJ rzI~ Fred B. Arvidson, City Attorney . . . . EXHIBIT "A" . CITY OF SEWARD, ALASKA ORDINANCE NO. 520 Article VIII. Purchase, Sale, Lease, Exchange, etc. by City of Real Property Division 1. Generally Sec. 2-81. Alternative means of real property acquisition or disposi- tion. The City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid. Sec. 2-82. Approval of form of purchase, etc., instrument by City At- torney. Prior to the adoption of a resolution approving an acquisition or a disposition, the City Attorney shall endorse upon the instruments of acquisition or disposition to which the resolution has reference his approval as to form. Sec. 2-83. Posting of copy of resolution. Upon adoption of a resolution approving an acquisition or disposi- tion, the City Clerk shall cause a true copy of same to be posted for at least 30 days on the City Hall and Post Office bulletin boards. Sec. 2-84. Effectiveness of resolution. Objections to a resolution approving a property acquisition or disposition may be made at any time until the resolution becomes effec- tive. Unless rescinded or amended, any resolution adopted under this article automatically becomes effective 30 days after passage and posting. Sec. 2-85. Appraisal of value of property. The city shall not sell any real property interest without first making an appraisal of the value of that interest, unless the City Council by motion passed by four councilmembers finds that the public interest will not be served by an appraisal. If an appraisal is made, the property interest shall not be sold for less than the appraised value, unless the City Council by motion passed by four councilmembers finds that the public interest will be served by selling the property interest for less than the appraised value. Sec. 2-86. Notice to record owner required for sale in certain in- stances. -3- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 520 Before property obtained through a 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 30 days prior to the effective date of sale. It shall contain the following information: the time and date of sale; the manner of sale; the place of sale; and notice that until the effective time of sale the record owner has the right to repurchase the property provided by Alaska Statutes 9.45.170-220. Division 2. Disposition of Real Property by Negotiation Sec. 2-87. Notice of public hearing. Prior to disposition or acquisition by negotiation, 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 3 public places in the city. Both posting and publication shall be done at least 10 days prior to the hearing. Sec. 2-88. Essential terms and conditions to be made available. In the case of a disposition by negotiation, the notice of public hearing shall indicate where the public may obtain the essential terms and conditions of the proposed disposition. A copy of the terms and conditions shall be maintained for inspection at the office of the City Clerk for at least 10 days prior to the hearing. Sec. 2-89. Resolution to approve essential terms and conditions. At any time after the hearing required by Sec. 2-87, the Council may make a finding in a resolution containing the essential terms and conditions of the acquisition or disposition that the public interest will be served thereby. Such resolution may contain a finding under Sec. 2-85 that an appraisal of the property would not be in the public interest. Division 3. Disposition of Real Property by Public Auction or Sealed Bid Sec. 2-90. Resolution to dispose of real property by public auction or sealed bid; public hearing. The City Council may, by resolution following public hearing, find it in the public interest to dispose of real property by public auction or sealed bid. 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 in the city. Both posting and publication shall be done at least ten days prior to the hearing. -4- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 520 The Council, in the resolution authorizing the sale of real proper- ty 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 is 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. The City Manager shall designate the individual who shall conduct the sale, and such designee shall give the bidder a receipt for all monies 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 resolution shall forfeit any cash deposit paid to the city. Sec. 2-91. Place of sale; publication of notice of sale. The public sale by auction shall take place at a location selected by the City Manager which is within the city limits. Notice of public sale by auction or sealed bid shall be published in a newspaper of general circulation in the city and such other newspapers as the City Manager deems advisable at least once, and such notice shall be posted in at least three public places in the city. Both posting and publica- tion of the notice of sale shall be done at least ten days prior to the date of sale. Sec. 2-92. 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 percent of the amount bid for residential lots and ten percent of the amount bid for other par- cels. All real property bids received prior to 12:00 Noon, on a Friday preceding a regular meeting of the Council, shall be opened by the Council at its next regular meeting. Sec. 2-93. Selection of successful bidder(s). If there is more than one bid, at public auction or by sealed bid, for a particular lot or group of lots, the lot or lots shall be sold to the highest bidder(s). The highest bidder(s) shall be the one(s) whose bides) 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. Sec. 2-94. Resolution accepting bids. -5- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 520 After a sale has been conducted by public auction or sealed bid, the Council may by resolution adopted with or without public hearing 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. Division 4. Short-Term Lease Negotiation Sec. 2-95. City Manager authorized to negotiate short-term leases. Nothing in this article shall prevent the City Manager from negoti- ating short-term leases of city property subject to Council approval at the next regularly scheduled City Council meeting. Such leases shall not be subject to the public hearing process, shall not exceed 120 days in length, and shall contain no provisions for optional terms. The resolution approving such a lease may be signed and adopted immediately provided the lease form contains a provision stating that the lease is subj ect to suspension during the first 30 days after passage of the resolution if a sufficient referendary petition is filed in accordance with Section 4.8 of the City Charter. -6-