HomeMy WebLinkAboutOrdinance 5779ORDINANCE NO. 5779
AN ORDINANCE TO AMEND 34.27 SALE OF MUNICIPALLY OWNED
REAL PROPERTY TO AUTHORIZE THE USE OF A REALTOR FOR THE
SALE OF THE TWO HOUSES AT GULLEY PARK
WHEREAS, on March 15, 2015, the City Council authorized the sale of the two houses at Gulley
Park with the minimum bids based upon their appraised values; and
WHEREAS, despite considerable staff effort and expense, only one property received a bid which
was later rescinded and it is hereby determined that, in this limited circumstance, it is in the City's
best interest to hire a realtor for the sale of these properties.
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 enacts § 34.27(E) of
the Fayetteville City Code as follows:
"34.27(E)
The City Council authorizes the use of a realtor for the sale of the two houses at Gulley
Park. The realtor shall be selected in accordance with the City's formal competitive
bidding procedures. All offers for the sale or purchase of this City property shall be subject
to final approval by the City Council."
PASSED and APPROVED this 16'x' day of June, 2015.
APPROVED: ;' ATTEST:
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I D JSONDRA E. SMITH, City Clerk Trea Z—.
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2015-0271
Agenda Date: 6/16/2015 Version:1 Status: Agenda Ready
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 1
AMEND 34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY
AN ORDINANCE TO AMEND 34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY
TO AUTHORIZE THE USE OF A REALTOR FOR THE SALE OF THE TWO HOUSES AT
GULLEY PARK
WHEREAS, on March 15, 2015, the City Council authorized the sale of the two houses at Gulley Park
with the minimum bids based upon their appraised values; and
WHEREAS, despite considerable staff effort and expense, only one property received a bid which was
later rescinded and it is hereby determined that, in this limited circumstance, it is in the City's best
interest to hire a realtor for the sale of these properties.
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 enacts § 34.27(E) of the
Fayetteville City Code as follows:
"34.27(E)
The City Council authorizes the use of a realtor for the sale of the two houses at Gulley Park.
The realtor shall be selected in accordance with the City's formal competitive bidding
procedures. All offers for the sale or purchase of this City property shall be subject to final
approval by the City Council."
City of Fayetteville, Arkansas Page 1 Printed on 611012015
City of Fayetteville Staff Review Form
2015-0271
Legistar File ID
6/16/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Connie Edmonston 6/1/2015 Parks & Recreation /
Parks & Recreation Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of an exemption provision request for City Ordinance §34.27—Sale of Municipally Owned Real
Property to contract with a real estate broker to sell two single family lots with existing houses situated on
1.20± acres in Gulley Park
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
O
V20140710
Previous Ordinance or Resolution # 157-14; 61-15
Original Contract Number:
Comments:
Approval Date: (O l 1/ o
CITY OF
Taye vilARKANSAS
MEETING OF JUNE 16, 2015
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL AGENDA MEMO
FROM: Connie Edmonston, Parks and Recreation Director
DATE: June 1, 2015
SUBJECT: Exemption Provision Request for City Ordinance §34.27 — Sale of Municipally
Owned Real Property
RECOMMENDATION:
Approval of an exemption provision request for City Ordinance §34.27 — Sale of Municipally
Owned Real Property to contract with a real estate broker to sell two single family lots with
existing houses situated on 1.20± acres in Gulley Park
BACKGROUND:
Gulley Park was purchased by the City of Fayetteville in 1988 from the Fred Gulley family in
order to establish a 28 -acre community park in the northeast section of our city. Gulley Park's
walking trail, playgrounds, swings, pavilion, gazebo and open space are actively and highly
used by the public, and it is one of the few parks that still retains a somewhat pastoral
atmosphere due to the nature of the land and open, non -programmed usable green space.
On August 19, 2014, the Fayetteville City Council passed Resolution #157-14 approving the
purchase of 11.32 acres for expansion of the park at a cost of $1.1 million. The Fayetteville
Natural Heritage Association (FNHA) committed to raise $130,000 of the $1.1 million total land
purchase in their effort to "preserve beautiful and important natural areas and park land." It was
determined to sell the two homes and that the natural expansion of Gulley Park with the 10.12
acres of this newly required land would offer 38 acres of park land that would continue to
preserve the pastoral setting in which people appear to flock.
On March 3, 2015, the Fayetteville City Council passed Resolution #61-15 authorizing the City
to offer for sale the ±1.20 acres containing the two single-family homes with a minimum bid
based upon their appraised values. The smaller home at 2634 Old Wire Road was appraised at
$111,500 and the larger home with the work shop at 2648 Old Wire Road was appraised at
$218,500. Park and Recreation staff sent public notices to adjacent property owners, displayed
prominent signs on the property and publicized the sale in newspapers and five various social
media websites as required by City Code. Bid 15-30 was issued and advertised on March 18,
2015 with a bid deadline of May 4. Six on-site inspection dates were opened to the public to
view the homes from March 25th until April 29"'. One bid was received at the May 4th bid
deadline date for the smaller home at 2634 Old Wire Road. The bid offer was rescinded on
June 1s'.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
City staff has determined after considerable efforts have gone into trying to sell the two single-
family homes, it would be in the city's best interest to obtain a real estate broker through the
RFP process to sell the properties.
BUDGET/STAFF IMPACT:
Cost for the real estate broker's services would be taken out of the closing costs for the sale of
the homes.The exact amount of proceeds from the lot sales will be determined at the point of
sale. The sale of the property will come back to City Council for final approval.
Attachments:
City Ordinance §34.27 — Sale of Municipally Owned Real Property
Resolution No. 157-14
Resolution No. 61-15
Property location map
FAYETTEVILLE CODE OF ORDINANCES
TITLE III ADMINISTRATION
site, adjustments as determined by site
operating personnel, will be made to the
base price for quantity purchases; according
to the type of bale purchased; and the
relative quality of the harvested hay; and for
damage the hay may have received during
the harvest.
(D) In regard to the marketing and sale of dried
biosolids produced by the City of Fayetteville
Wastewater Utility:
(1) Bulk quantities of dried biosolids (defined as
amounts greater than 500 pounds not in a
bag or other container) shall be advertised
for sale as an organic based fertilizer product
at a pre -determined base price twice each
year, normally on or about March 1sr and
September 151 of a given year. Bulk
quantities, if available, shall be pre -
committed for each marketing period on a
first call, first commit basis, up to 60% of the
projected available amount. Any remaining
amount shall be marketed during the
marketing period at the same base price on
a first call, first commit basis.
(2) A base or standard price for bulk quantities
of dried biosolids shall be established for
each marketing period based on the best
information available from fair market value
of similar products or from the cooperative
extension service. Adjustments as
determined by operating personnel may be
made based on current costs of production;
method of delivery; quality of product
available; quantities purchased; or other
market-driven conditions.
(3) Quantities of dried biosolids less than 500
pounds and placed in a bag or other
container may be made available to the
public via various reputable retail outlets at
any given time, according to reasonable
terms and conditions as approved by the
City Purchasing Manager. The price
charged for less than bulk quantities may be
adjusted by operating personnel based on
current costs of production; method of
delivery; quality of product available;
quantities purchased; or other market-driven
conditions.
(E) The City Council may waive the requirements for
public auction or formal competitive bids for sales
of personal property in exceptional situations
where such procedures are deemed not feasible
CD34:6
nor practical.
(Code 1965, §2-69; Ord. No. 1215, 9-14-59; Ord. No. 1827,
104-71; Ord. No. 2006, 5.7-74; Ord. No. 3545, 4-16-91;
Code 1991, §34.25; Ord. 4553, 04-06-04; Ord. 4723, 7-19-
05; Ord. 5440, 9-20-11)
34.26 Limited Authority of City Employee
To Provide Services To The City
An employee of the city shall be permitted to furnish
services, as an independent contractor to the City only
if:
(A) The employee fully discloses his or her direct or
indirect financial interest in any contract or
service agreement to the City Council and such
services are approved by City Council
Resolution;
(B) No favoritism is allowed to the city employee over
other possible service providers;
(C) Such services are not of the same type as
performed by the city employee in his or her
regular city job, nor are services for the
department wherein the employee works;
(D) The employee's immediate supervisor specifically
approves such extension of employee service
and ensures it will not adversely affect the
employee's regular city employment duties;
(E) City employees who are not within the Parks and
Recreation Department are specifically allowed to
work as independent contractors as
scorekeepers, referees and umpires for the
Fayetteville Parks and Recreation Department
without the need for a City Council Resolution.
(Code 1965, §2-70; Ord. No. 3013, 6-5-84; Code 1991,
§34.26; Ord. 5351, 9-7-10)
State taw reference(s)—Purchase, lease and sale
authorized, A.C.A. §1442-107.
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