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HomeMy WebLinkAboutOrdinance 4358 ORDINANCE NO, 4358 AN ORDINANCE AMENDING CHAPTER 34: FINANCE AND REVENUE, OF THE CODE OF FAYETTEVILLE, TO ESTABLISH A FORMAL PROCESS FOR THE SALE OF MUNICIPALLY-OWNED REAL PROPERTY. WHEREAS, from time to time, the City of Fayetteville finds it necessary and desirable to offer for sale certain parcels of real property in its possession; and, WHEREAS, the sale of any such municipally-owned real property is a matter of great importance and concern to the citizens of the City of Fayetteville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 34: Finance and Revenue, Code of Fayetteville is hereby amended by inserting the following: §34.27 Sale of municipally-owned real property. (A) No municipally-owned real property shall be offered for sale without the express authorization, by resolution, of the City Council. The City Council shall determine whether the property should be rezoned prior to offering it for sale. (B) Such resolutions shall contain a specific finding by the City Council that the subject real property no longer serves a municipal purpose. (C) Two (2) simultaneous and independent appraisals of the real property shall be obtained by the City for the Council's consideration, dated within six (6) months of the proposed sale. (D) Public notice shall be given not less than thirty (30) calendar days before the first City Council meeting at which such a resolution is introduced, by all of the following means: (1) A conspicuous display advertisement placed in a newspaper of general circulation in the City, on at least four (4) separate occasions; (2) Certified mail, return receipt requested, to all adjacent property owners; (3) Signs, prominently displayed, and at all approaches to the subject real property, announcing that the City Council will be considering the sale of the real 0 . Ord . 4358 property, the date on which the sale is to be debated, as well as the telephone number of the Mayor's Office. (E) Upon an affirmative vote of the City Council, the City shall solicit sealed bids, at a minimum price set by the City Council, from all interested parties. Bids must equal or exceed the minimum price set by the City Council and the appraised value of the property. (F) The City shall sell the subject real property to the highest qualified bidder. In the event none of the bids from a qualified bidder equals the minimum price set by the City Council, the City shall reject all bids, and may reopen the bidding, upon City Council approval. (G) Upon receipt of an acceptable bid, and authorization by a separate resolution of the City Council, the conveyance of the real property shall be performed by the Mayor and City Clerk. (H) Exemptions from the Requirements of this Ordinance. (1) The sale of industrial park, business park, and technology park lands are expressly exempt from the provisions of this ordinance. (2) The sale of real property to other public entities or to a non-profit corporation for charitable purposes shall only require a single appraisal, a single display advertisement placed in a newspaper of general circulation in the City, the certified mail, and sign requirements set forth in subsections (D) (2) & (3). Following the setting of a minimum price by the City Council no lower than the appraised value, the public entity or non-profit corporation may purchase the property at that price, and the sale shall be exempt from the provisions of subsections (E), (F), & (G) of this ordinance. PASSED AND APPROVED this 2nd day of January, 2002. APPROVED: By: DAN GOODY, Ma o FATTEST: /All y• ° f r`` H ER WOODRUFF, City Clerk r : t NAME OF FILE: Ordinance No. 4358 CROSS REFERENCE: 01/02/02 Ordinance No. 4358 12/19/01 Memo to City Council Members from Kit Williams, City Attorney, regarding Sale of City Owned Property 01 /04/02 Memo to Kit Williams, City Attorney, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34: FINANCE AND REVENUE, OF THE CODE OF FAYETTEVILLE, TO ESTABLISH A FORMAL PROCESS FOR THE SALE OF MUNICIPALLY-OWNED REAL PROPERTY. WHEREAS, from time to time, the City of Fayetteville finds it necessary and desirable to offer for sale certain parcels of real property in its possession; and, WHEREAS, the sale of any such municipally-owned real property is a matter of great importance and concern to the citizens of the City of Fayetteville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 34: Finance and Revenue, Code of Fayetteville is hereby amended by inserting.the following: §34.27 Sale of municipally-owned real property. (A) No municipally-owned real property shall be offered for sale without the express authorization, by resolution, of the City Council. The City Coun?at 11 determine whether the property should be rezoned prior to offering it for sale. (B) Such resolutions shall contain a specific finding by th Ct " un e subject real property no longer serves a municipal purpose. (C) Two (2) simultaneous and independent ap ra als of the ea r6te ty shall obtained for the Council's consideration, dated w "in ix (6) mo iproposed , sale. (D) Public notice sh given o less th irty 30) alendaz d y before the first City Council nt tin at hi h sup resolu ' tr du ed, by f the following means:/ (1) A co pr o ' pver ' e t placed in a newspaper of general circL lal on in the C ty n aple t four`(;4, e occasions; (2) CertifiM1e' mail, re receipt requested, to all adjacent property owners; (3) S' " , prominently displayed, and at all approaches to the subject real pro er uncing that the City Council will be considering the sale of the real property, the date on which the sale is to be debated, as well as the telephone number of the Mayor's Office. (E) Upon an affirmative vote of the City Council, the City shall solicit sealed bids, at a minimum price set by the City Council, from all interested parties. Bids must equal or exceed the minimum price set by the City Council and the appraised value of the property. (F) The City shall sell the subject real property to the highest qualified bidder. In the event none of the bids from a qualified bidder equals the minimum price set by the City Council, the City shall reject all bids, and may reopen the bidding, upon City Council approval. (G) Upon receipt of an acceptable bid, and authorization by a separate resolution of the City Council, the conveyance of the real property shall be performed by the Mayor and City Clerk. (H) Exemptions from the Requirements of this Ordinance. (1) The sale of industrial, business, and technology park lands are expressly exempt from the provisions of this ordinance. (2) The sale of real property to other public entities or to a non-profit corporation for charitable purposes shall only require a single appraisal, a single display advertisement placed in a newspaper of general circulation in the City, the certified mail, and sign requirements set forth in subsections (D) (2) & (3). Following the setting of a minimum price by the City Council no lower than the appraised value, the public entity or non-profit corporation may purchase the property at that price, and the sale shall be exempt from the provisions of subsections (E), (F), & (G) of this ordinance. PASSED AND APPROVED this day of 2 1 APP VED: By OOD ayor 9TH.E , B UFF, City Clerk • F FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: City Council Members FROM: Kit Williams, City Attorney DATE: December 19, 2001 RE: Sale of City Owned Property Attached is the newly revised Ordinance for the sale of city- owned real property . All changes are on the second page in subsection H. Exemptions. As you see we separated industrial, business and technology park land sales from sales to other public entities. We then required the sale to other public entities to meet the reduced notice requirement of sales to non-profit corporations for charitable purposes. Please READ subsection H. and inform me suggested changes or additions PRIOR to our next meeting of January 2, 2002. FAYETTEV?LLE THE CITY OF FAYETTEVIEEE, ARKANSAS M Q 01 DEPARTMENTAL CORRESPONDENCE To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk Date: January 4, 2002 Please find attached a copy of Ordinance No. 4358 amending Chapter 34: Finance and Revenue, of the Code of Fayetteville, to establish a formal process for the sale of municipally-owned real property. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Clarice Pearman, City Clerk 010 03 City of Fayetteville 1 / 09 / 2002 Update A Index Maintenance * 13 : 37 : 21 Document It Action Reference Date Ref . Taken Brief Description ORD 1022002 4358 AMEND CHAPTER 34 /FINANCE & REVENUE Enter Keywords . . . . . . . . : ORD . 4358 CHAPTERAMENDING 34 FINANCE AND REVENUE CODE OF FAYETTEVILLE FORMAL PROCOT SALE OF MUNICIPALLY - OWNEU� REAL PROPERTY PROPERTY File Reference # . . . . . . : MICROFILM Security Class . . . . . . . . : Retention Type : Expiration Date . . . . . . . . * * * * Active Date for Cont / Referred : Name Referred to . . . . . . : Cmdl - Return Cmd8 - Retention Cmd4 - Delete Cmd3 - End Press ' ENTER ' to Continue Cmd5 - Abstract Yes No ( c ) 1986 - 1992 Munimetrix Systems Corp .