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Home My WebLink AboutOrdinance 5497 ORDINANCE NO, 5497 AN ORDINANCE TO REPEAL §34.27 OF THE CODE OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY OF THE CODE OF FAYETTEVILLE WHEREAS, §34.27 of the Code of Fayetteville was enacted on January 2, 2002 in an attempt to ensure that the citizens of Fayetteville would receive the highest possible amount of money for a parcel of City property if the City Council determined to sell such City property because it no longer served a municipal purpose; and WHEREAS, the number of notices, publications, appraisals, City Council hearings and public bidding process made this selling process so cumbersome, long and expensive that the ordinance was amended by the City Council in 2002, 2004 and 2005 to provide numerous exemptions from §34.27's requirements for various types of land sales; and WHEREAS, in the decade of its existence, the full process specified in §34.27 for the sale of City property to a private entity has occurred only once, took months to accomplish and resulted in only a single bidder who purchased the property at the minimum set price for the City land; and WHEREAS, state law specifically authorizes that only the City Council can sell City land by passing a Resolution or can exchange land with another city by passing an Ordinance, thus ensuring that the City Council will always have the final say in any proposed City land sale or exchange. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals §34.27 of the Code of Fayetteville and enacts a replacement §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville as shown below: Page 2 Ordinance No. 5497 "§34.27 Sale of Municipally Owned Real Property (A) The City may sell real property only after the City Council has passed a Resolution expressly authorizing such sale. The City Council shall determine whether the property should be rezoned or appraised prior to its sale. (B) Such City Council Resolution shall contain a specific finding by the City Council that the subject real property is no longer needed for municipal purposes. (C) Public Notice, that the City Council is considering the sale of the real property at the City Council Meeting with the appropriate date and time of the meeting and which shall include the property's address, acreage, improvements and potential purchase price, shall be given not less than fifteen ( 15) days before the City Council may consider a Resolution to approve a sale of City real property (except rights of way or easements for public utilities) by all of the following means: (1 ) First class mail to all adjacent property owners; (2) Prominently displayed signs on the property; and (3) Publication in a newspaper of general circulation in the City. (D) The City may exchange real and personal property with other cities or Washington County only after authorization by ordinance passed by the City Council. The City Council through such ordinance may place limits on the uses that will be allowed of such property as part of the exchange of property agreement." PASSED and APPROVED this 15` day of May, 2012. .`� 6X � y 'o • S APPROVED: ATTEST: c ; FAYETTEVILLE ; "Jilt lig Y: /YAi INELD N, Tvfayor SONDRA E. SMITH, City Clerk/Treasurer AGENDA REQUEST FORM RECEIVED MAR 6 0 2012 CITY OF FAYETTEVILLE FOR: COUNCIL MEETING OF April 17, 2012 CITY CLERK'S OFFICE FROM: Ordinance Review Committee City Attorney Kit Williams s ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY OF THE CODE OF FAYETTEVILLE APPROVED FOR AGENDA: �� a1flD nl 2 Zt� lZ, Kites illiampps, Lity Attorney Date 2 - 26 I Z Paul Becker, Finance Director Date IOC J4-- y-� -��- Don Ma r, Chief of Staff Date ^�— 0 / 1 - Lioneld Jor ayor Date od AL 11/17/1,x. • aye evl a Departmental Correspondence dL ARKANSASLEGAL Kit Williams TO: Mayor Jordan CityAttorney City Council Jason B. Kelley Assistant City Attorney FROM: Kit Williams, City Attorne a iA A DATE: March 30, 2012 RE: Return of revised Ordinance to amend §34.27 from the Ordinance Review Committee for City Council consideration Pursuant to the instructions of the City Council, the proposed amendment to §34.27 Sale of Municipally Owned Read Property was considered by the Ordinance Review Committee on March 21 , 2012 . Several improvements relating to recommending that the City Council consider whether an appraisal is advisable and improvements to the Public Notice requirements were adopted by the Ordinance Review Committee who then unanimously recommended this revised ordinance for passage by the City Council. The Ordinance Review Committee' s proposed revision would do the following: ( 1 ) Maintain the City Council' s power to determine whether or not the , subject City property should be sold. (2) Maintain the City Council' s power and responsibility to ensure such property is properly zoned before it is sold and appraised if advisable. (3) Maintain public and neighborhood notification prior to any sale by requiring publication in the newspaper, letters to all adjacent property owners and prominently displayed signs at least 15 days before the City Council meeting. (4) Restore the City Council' s power to consider benefits to our citizens (good paying jobs, clean technology, environmental protection and preservation of sensitive areas, provision of needed services to our citizens, etc.) when determining whether to sell such property, to whom, and for what consideration. Basically this proposed ordinance requires good public and neighbor notification, but then relies upon the common sense and good judgment of the City Council to make the correct sell or no sell decision in the best interests of the Citizens and City of Fayetteville. ORDINANCE NO, AN ORDINANCE TO REPEAL §34.27 OF THE CODE OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY OF THE CODE OF FAYETTEVILLE WHEREAS, §34.27 of the Code of Fayetteville was enacted on January 2, 2002 in an attempt to ensure that the citizens of Fayetteville would receive the highest possible amount of money for a parcel of City property if the City Council determined to sell such City property because it no longer served a municipal purpose; and WHEREAS, the number of notices, publications, appraisals, City Council hearings and public bidding process made this selling process so cumbersome, long and expensive that the ordinance was amended by the City Council in 2002, 2004 and 2005 to provide numerous exemptions from §34.27's requirements for various types of land sales; and WHEREAS, in the decade of its existence, the full process specified in §34.27 for the sale of City property to a private entity has occurred only once, took months to accomplish and resulted in only a single bidder who purchased the property at the minimum set price for the City land; and WHEREAS, state law specifically authorizes that only the City Council can sell City land by passing a Resolution or can exchange land with another city by passing an Ordinance, thus ensuring that the City Council will always have the final say in any proposed City land sale or exchange. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals §34.27 of the Code of Fayetteville and enacts a replacement §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville as shown below: "§34.27 Sale of Municipally Owned Real Property (A) The City may sell real property only after the City Council has passed a Resolution expressly authorizing such sale. The City Council shall determine whether the property should be rezoned or appraised prior to its sale. (B) Such City Council Resolution shall contain a specific finding by the City Council that the subject real property is no longer needed for municipal purposes. (C) Public Notice, that the City Council is considering the sale of the real property at the City Council Meeting with the appropriate date and time of the meeting and which shall include the property's address, acreage, improvements and potential purchase price, shall be given not less than fifteen ( 15) days before the City Council may consider a Resolution to approve a sale of City real property (except rights of way or easements for public utilities) by all of the following means: ( 1 ) First class mail to all adjacent property owners; (2) Prominently displayed signs on the property; and (3) Publication in a newspaper of general circulation in the City. (D) The City may exchange real and personal property with other cities or Washington County only after authorization by ordinance passed by the City Council. The City Council through such ordinance may place limits on the uses that will be allowed of such property as part of the exchange of property agreement." PASSED and APPROVED this 17`h day of April, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES ' TITLE III ADMINISTRATION bag or other container) shall be advertised service agreement to the City Council and such for sale as an organic based fertilizer product services are approved by City Council at a pre-determined base price twice each Resolution; year, normally on or about March 1 " and September 1 " of a given year. Bulk (B) No favoritism is allowed to the city employee over quantities, if available, shall be pre- other possible service providers; committed for each marketing period on a first call, first commit basis, up to 60% of the (C) Such services are not of the same type as projected available amount. Any remaining performed by the city employee in his or her amount shall be marketed during the regular city job, nor are services for the marketing period at the same base price on department wherein the employee works; a first call, first commit basis. (D) The employee's immediate supervisor specifically (2) A base or standard price for bulk quantities approves such extension of employee service of dried biosolids shall be established for and ensures it will not adversely affect the each marketing period based on the best employee's regular city employment duties; information available from fair market value of similar products or from the cooperative (E) City employees who are not within the Parks and extension service. Adjustments as Recreation Department are specifically allowed to determined by operating personnel may be work as independent contractors as made based on current costs of production; scorekeepers, referees and umpires for the method of delivery; quality of product Fayetteville Parks and Recreation Department available; quantities purchased; or other without the need for a City Council Resolution. market-driven conditions. (Code 1965, §2-70; Ord. No. 3013, 6-5-84; Code 1991 , (3) Quantities of dried biosolids less than 500 §34.26; Ord. 5351 , 9-7-10) pounds and placed in a bag or other container may be made available to the State law reference(s)--Purchase, lease and sale public via various reputable retail outlets at authorized, A.C.A. §1442-107. any given time, according to reasonable 34.27 Sale Of Municipally Owned Real terms and conditions as approved by the P y City Purchasing Manager. The price Property charged for less than bulk quantities may be adjusted by operating personnel based on (A) Municipally owned real property shall not be current costs of production; method of offered for sale without the express authorization, delivery; quality of product available; by resolution, of the City Council. The City quantities purchased; or other market-driven Council shall determine whether the property conditions. should be rezoned prior to offering it for sale. (E) The City Council may waive the requirements for (B) Such resolutions shall contain a specific finding public auction or formal competitive bids for sales by the City Council that the subject real property of personal property in exceptional situations no longer serves a municipal purpose. where such procedures are deemed not feasible nor practical. (C) Two simultaneous and independent appraisals of the real property shall be obtained by the city for (Code 1965, §2-69; Ord. No. 1215, 9-14-59; Ord. No. 1827, the City Council's consideration, dated within six 10.4-71 ; Ord. No. 2006. 5-7-74; Ord. No. 3545, 4-16-91 ; months of the proposed sale. Code 1991 , §34.25; Ord. 4553, 04-06-04; Ord. 4723. 7-19- 05; Ord. 5440, 9-20-11 ) (D) Public notice shall be given not less than thirty calendar days before the first City Council 34.26 Limited Authority of City Employee meeting at which such a resolution is introduced, To Provide Services To The City by all of the following means: An employee of the city shall be permitted to furnish services as an independent contractor to the City only (1 ) A conspicuous display advertisement placed if: in a newspaper of general circulation in the city, on at least four separate occasions; (A) The employee fully discloses his or her direct or indirect financial interest in any contract or (2) Certified mail, return receipt requested, to all CID FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION adjacent property owners; and ordinance the Project Plan for a Redevelopment District that includes the (3) Signs, prominently displayed, and at all acquisition of real property or buildings with approaches to the subject real property, the intent to resell this property to a private announcing that the City Council will be developer, this acquired property shall be considering the sale of the real property, the exempt from the requirements of this section date on which the sale is to be debated, as and can be sold by City Council Resolution. well as the telephone number of the mayor's office. (4) The dedication of real property to the Arkansas State Highway Commission shall (E) Upon an affirmative vote of the City Council, the be exempt from the requirements of this city shall solicit sealed bids, at a minimum price section and may be dedicated by City set by the City Council, from all interested Council Resolution.' Parties. Bids must equal or exceed the minimum price set by the City Council and the appraised (5) (H)(5) The City Council may sell a water and value of the property. sewer utility easement to an adjoining city or water and sewer commission if approved by (F) The city shall sell the subject real property to the City Council Resolution. Such easement highest qualified bidder. In the event none of the sale is exempt from all requirements of this bids from a qualified bidder equals the minimum section. price set by the City Council, the city shall reject all bids, and may reopen the bidding, upon City Note--Ord. 4380, adopted March 19, 2002, enacts Council approval. provisions for exemptions from the requirements of ordinance; such provisions have been set forth above. This (G) Upon receipt of an acceptable bid, and ordinance was enacted with an Exhibit A attached thereto authorization by a separate resolution of the City and may be viewed in the office of the city clerk anytime Council, the conveyance of the real property shall during regular business hours. be performed by the mayor and city clerk. (Ord. No. 4358, 1 -2-02; Ord. No. 4380, §7 , (Ex. A), 3-19-02; Ord. No. 4651 , 12-07-04; Ord. 4752, 9-06-05; Ord. 5465, 12- (H) Exemptions from the requirements of this 6-11 ) ordinance: State law reference(s)--Purchase, lease and sale (1 ) The sale of the industrial park, business authorized, A.C.A. §14-54-302: Bidding process, A.C.A. §14- park, and technology park lands are 54-402. expressly exempt from the provisions of this ordinance. Industrial park land includes all 34.28 Purchase By Reverse Internet of the land in and around the South Industrial Auction park as specifically identified within the black bold line on the map attached as Exhibit A. (A) Bidders shall be provided instructions and individually secured passwords for (2) The sale of real property to other public access to the reverse Internet auction entities or to a non-profit corporation for by either the City, or reverse Internet charitable purposes shall only require a auction vendor; single appraisal, a single display advertisement placed in a newspaper of (B) The bidding process shall be timed, and general circulation in the city, the certified the time shall be part of the reverse mail, and sign requirements set forth in Internet auction specifications; subsections (D)(2) & (3). Following the setting of a minimum price by the City (C) The reverse Internet auction shall be Council no lower than the appraised value, held at a specific date and time; the public entity or non-profit corporation may purchase the property at that price, and (D) The reverse Internet auction and bidding the sale shall be exempt from the provisions process shall be interactive with each of subsections (E), (F) & (G) of this bidder able to make multiple bids during ordinance. the allotted time; (3) If the City Council has approved by (E) Each bidder shall be continually signaled CD34:7 NORTHWEST ARKANSAS DEMOCRATGAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE RECEIVED NF%1SPAPE16LLC THE MORNING NEWS OF S MAY 2 2 2012 NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212NORTH EASTAVENUE, FAYETTEVIULEARKANSA572701 I P.O. BOX 1607. 727021479-442'17001 www.NWANEws.COM AFFIDAVIT OF PUBLICATION ORDINANCE NO. 5497 • AN ORDINANCE TO REPEAL OF , ��es xeases�e I, Karen Caler, do solemnly swear that I am the Legal Clerk of the THE CODE OF FAYETTEVIl I F AND TO ENACT A REPLACEMENT §34.27 SALE Northwest Arkansas Newspapers, LLC, printed and published in OF MUNICIPALLY OWNED REAL Washington and Benton County, Arkansas, bona fide circulation, PROPERTY OF THE CODE OF FAYETTEVILLE that from my own personal knowledge and reference to the files WHEREAS,-§34.27 Of-the Code of Fayetteville was enacted on January 2, of said publication the advertisement of: 2002 in art attempt to ensure that, the citizens of Fayetteville would receive the highest possiblWamount of money for a Parcel of City property if the Oty I Council detennlned!"i�sell such.City propertybecause it W-- lager served a municipal purpose antl City of Fayetteville I WHERFAS;'Ihenumberofnotices, publicatbnsappraisals; City Council hear- ings and public balding process'-made this' sellmg ; rocess so cumbersome, , it long and expensive-that the ordinance was amended by the City Council In Ordinance 5497 2002, 2004.and 2005 to provide numerous exemptions from §34.27's require- ments for various types of land sales; and WHEREAS, in the decade ofits existence, the full process specified In §34.27 for the sale ofCity propertyto a private entity has occurred only once, took months to accomplish and resulted in only a single bidder who purchased the Was inserted in the Regular Editions on: property at the minimum set price for the Ory land; and May 10, 2012 � WHEREAS,state law specifically authorizes that only the City Council can sell Ory land by passing a Resolution or can exchange land with another city by passing an Ordinance, thus ensuring that the City council will always have the final say In any proposed City land sale or exchange. Publication Charges: $ 226.97 NOW, THEREFORE BE R ORDAINED. BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 7: That the City Eouncil of the City of Fayetteville. Arkansas hereby repeals §34.27 of the Code of Fayetteville and enacts a replacement §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville as shown / / C below: /' °§94.27 Sale of Municipality Owned Reel Property Karen Caler (A) The city may sell real property only after the City Coundl has passed a Resolution expressly authorizing such sale. The City council shall determine whether the property should be rezoned or appraised prior to its sale. Subscribed and sworTrnto before me (B) Such City Council Resolution shall contain a specific finding by This �� day of / t ,t lQ �' , 201 Z. the City Council that the subject real property is no longer needed for municipal purposes. (C) Pyblic Notice, that the City Council is considering the sale of the real properly at the City Council Meeting with the appropriate dale and time of the meeting and which shall include the property's address, acreage, improvements and potential purchase price, shall be given not less than fifteen (15) days before the City Council may consider a Resolution to approve a sale of City real property (except rights of way or easements. Notary Public for public utilities) by all of the following means: My Commission Expires: 2(2-6hoII J (1) First class mail to all adjacent property owners: (2) Prominently displayed signs on the property; and _ .•siniFbs:•,�- CATHY J. WILES (3) Publication in a newspaper of general circulation in the Clry. Benton County M Commission omna Cont fres (D) The City may exchange real and personal property win othercities or ^+ + = yQ Washington County only after authorization by ordinance passed by the -• +Ar;g.•� February 20, 214 City Council. The City Council through such orolnance may place limits on the uses that Will be allowed of such property as part of the exchange of property agreement" * *NOTE* * PASSED and APPROVED this list day Of May, 2012.. Please do not pay from Affidavit. Invoice will be sent. APPROVED: ATTEST: By; BY LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/`Treasurer