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HomeMy WebLinkAboutOrd1971-380 r , , I ATTACHED TO AND MADE A PART OF THE MINUTES OF THE~WARD CITY COUN.CIL L 15 ~~ /,- James k: .F~ 0/ Ci ty Clerk-Treasurer CITY OF SEWARD, ALASKA ORDINANCE NO. 380 * AN ORDINANCE TO PROVIDE A PROCEDURE FOR THE SALE OF CITY-OWNED REAL PROPERTY WHEREAS, certain parcels of real property were obtained by tax foreclosure and deeded to the City of Seward, and WHEREAS, there is presently no codified procedure for selling such property, and WHEREAS, other changes are needed in the property disposition ordinance, NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. That the Seward City Code Section 2-82 is hereby repealed and reenacted to read as follows: Sec. 2-82. Notice of Public Hearing. Notice of such pUblic hearing shall be published in a newspaper of general circulation in the City of Seward and shall be posted in at least three pUblic places in the City of Seward. Both posting and pUblication shall be done at least ten (10) days prior to the hearing. Section 2. That the Seward City Code Section 2-8~ is hereby repealed and reenacted to read as follows: Sec. 2-84. Posting of Copy of Resolution. Upon the adoption of a resolution in accordance with this article, the city manager shall cause a true copy of same to be posted for at least thirty days on the City Hall and Post Office bulletin boards. Section 3. That the Seward City Code Section 2-85 is hereby repealed and reenacted to read as follows: Sec. 2-85. Effectiveness of Resolution. Objections to the resolution and property disposition may be made at any time until the resolution becomes effective. Unless rescinded or amended, any resolution adopted under this article automatically becomes effective thirty (30) days after passage and posting. Section ~. That the Seward City Code is hereby amended by adding seven sections, to be numbered Section 2-86 through Section 2-92, and which said sections read as follows: ATTACHED TO ARD MADE A PAn' OF THE MINt.lTES OF THE S UD CITY COUNCIL L lS ~A~ _e8~'p~ City Clerk-Treasurer Article VIII. Purchase. sale. etc., by City of Real Property Sec. 2-86. Sale at public auction or by sealed bid - authorized. Real property, not dedicated to any public use. may, at the option of council, be offered for public sale and sold at auction to the highest and best bidder or by the sealed bid pro- cedures of Section 2-91. Sec. 2-87. Appraisal of value of property. No real property or interest therein shall be disposed of until there has been an appraisal made of the value of that interest, and no real property or interest therein shall be sold for less than the appraised value thereof. Provided, however. that the council may, by motion passed by four councilmen, find that the public interest will not be served by an appraisal of the property. Sec. 2-88. Place and notice of sale. The public sale shall take place at a location selected by the city manager which is within the city limits of Seward. Notice of such sale shall be published in a newspaper of a general circulation in the City of Seward 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 of Seward. Both posting and publication shall be done at least thirty (30) days prior to the date of sale. Sec. 2-89. Notice required for sale of real property in certain instances. Before property obtained through a foreclosure action 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 instituted. The notice shall be mailed at least thirty (30) days prior to the 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 time of sale the record owner has the right to repurchase the property provided by Alaska Statutes 29.10.528. Sec. 2-90. Procedure for sale of property at pUblic sale. The council in the resolution authorizing the sale of real property shall set forth the terms and conditions of the public sale. The council shall reserve the right to reject any and all bids received at the sale. 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 council shall approve all pUblic sales of real property, and shall approve any purchase agreement prior to its execution by ATTACUD TO AJQ) MAllE A PAaT OF TIE Il1IW'rIS or THE S CITY COtJllCIL :S~~ / City Cluk-Trea.urer 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. The city manager shall designate the individual who shall conduct the sale, and such designee shall give to the bidder at the auction a receipt for all monies received by the city. A purchaser at a public sale 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. Procedure for sale by sealed bid. All real property or interest therein offered for pUblic sale be sealed bid may be sold to any person submitting an offer in writing to the council. Such offer shall be sub- mitted in a sealed envelope marked "Real Property Bidll and must be aC90mpanied by a check or money order made payable to the city in an amount equal to at least twenty percent (20%) of the amount bid for residential lots and ten percent (10%) of the amount bid for other parcels. Bids below the appraised value shall not be considered. All real property bids received prior to 12:00 o'clock noon, on a Friday preceding a regular meeting of the council, shall be opened by the council at their next regular meeting. If there is more than one bid for a particular lot or group of lots, the lot or lots shall be sold to the highest bidder. The highest bidder shall be the one whose bid represents the highest price per square foot. 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. 2-92. Disposition of property not sold at public sale. Should council decide that the disposal of real property or any interest therein at a public sale is not in the public interest, or should no buyer be found at a public sale, or should no acceptable sealed bid be received ata sale by sealed bid, the council may authorize the city manager or his delegates to negoti- ate a sale of such property or interest therein and shall prescribe the terms thereof. Such authority shall be provided by resolution, which resolution shall be filed and published in the same manner as a resolution providing for public sale. Section 5. This ordinance shall take effect ten (10) days after passage and approval. PASSED AND APPROVED by the City Council of Seward, Alaska, th1s lOth~~~ Is/Robert E. Glud Mayor of the City , 1971. FIRST READING: SECOND READING: ADOPTION: April 12, 1971 April 26, 1971 May 10, 1971 AYES: Hu1m, Hill, Richardson, Hardy, Skinner, Vincent & Glud - AftlCUJ) TO AD JW)I A PAD 01' ftB MlRU'1'IS or DE S aD CITY COUlC1L 15~~ /' .... I.. 1'1~ City Clerk-TreUul'er NOES: none ABSENT: none APPROVED AS TO FORM: HUGHES, THORSNESS, LOWE, GANTZ & CLARK Attorney for the City of Seward By