Ordinance No. 87-48 CITY OF TIGARD, OREGON
ORDINANCE NO. 67—�
.;
PRO
PURSUANT TO ORS 221.727 AND ESTABLISHING AN
AN ORDINANCE AMENDING TMC CHAPTER 3.44, ESTABLISHING A PROCEDURE FOR THE SAL
OF SURPLUS CITY REAL
EFFECTIVE DATE: -----------
from time to time the City of Tigard acquires real property in the
WHEREAS, ublic improvements; and
course of constructing p public
WHEREAS, from time to time real property acquired by the City for p
improvements is deemed surplus property; and
of surplus property pursuant to
WHEREAS, the current procedure for disposing
t
TMG 3.44 is burdensome and costly; and
WHEREAS, ORS 221.727 provides a procedure by which the City may adopt, after
,ocedure for the sale of individual parcels of a
public notice and hearing a p"
class of City—owned real property; and
complied with the notice and hearing requirements of
wNcREAS, the City has
ORS 221.272, j
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
The City of Tigard hereby deletes TMC Sections 3.44.010 and
section 1: which
3.44.020 and establishes an administrative
withinthec lass of
to dispose of surplus real property
properties as defined ha-ein.
Real property qualifying for the procedure established in this
ordinance is classified as follows:
(a) Subs�d Undeveloped Pr�ty not are
Parcels with no structuresthereon
zaneeOn which located;
of
minimum buildable size f
(b) Standard Undeveloped Prorerty.
Parcels with no structures thereon which are of minimum or'
e in which located;
greater buildable size for the zon
Develo ed Pro erty,•
(c) thereon;
-p--
Parcels of any size with structures
(d) "Special Case" Property• d b or (c) above, were
Parcels that, notwithstanding (' ) ( )�
capital improvement as defined by
acquired by the City for
the Tigard Municipal Code and were any purchased
surplus subject to
be
agreement for the manner in which any
disposed.
i
( ORDINANCE NO. 87-
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Section 2: DISPOSAL OF SUBSTANDARD UNDEVELOPED PROPERTY
(a) Whenever a particular parcel or parcels is proposed for
sale by the City, or- a purchase inquiry is made, and the
property is classified as Substandard Undeveloped
Property, the matter shall be set on the regular, Council
agenda, but no public hearing is required. Notice she'll
be given, however, of the agenda item to all property
owners within 250 feet of the parcel and to any parties
who have inquired about purchase, The Council shall
determine whether it will offer the property for sale and
what the minimum acceptable terms of the sale shall be.
(b) If no acceptable bids ar-e received on a particular parcel
and it is classified as Substandard Undeveloped Property,
the parcel will riot be listed but shall remain available
for- sale through the City for a period of one year on the
same minimum terms as established under Section 2(a).
(c) After expiration of the period set out in Section 2(b),
the property shall be removed from the market. Any
decision to sell a piece of property once it has been
removed frnm the market shall req--. - +•h.-C i4hn or�1��r•n
procedure set forth in this ordinance be repeated.
Section 3: DISPOSAL OF STANDARD UNDEVELOPED PROPERTY AND DEVELOPED PROPERTY
(a) Whenever a particular parcel or parcels is proposed for
sale by the City or a purchase inquiry is made and the
property is classified as Standard Undeveloped Property or
Developed Property, the matter shall be set for a hearing
before the Council.
(b) Notice of said hearing shall be published once in a
k: newspaper of general circulation in the city. Said notice
shall be published at least once week prior to the hearing
and shall describe the property proposed for sale
(c) An appraisal shall be made prior to sale for any parcel
classified as Standard Undeveloped Property or Developed
Property, including any structure thereon. In the
discretion of the Council, such appraisal shall be
available at or prior to the hearing or shall be ordered
F after the hearing is concluded if the Council determines a
sale is appropriate.
(d) Public testimony shall be solicited at the hearing to
determine if a sale of any parcel is :n the public
interest.
r
(e) After the hearing, the Council shall determine whether it
will offer the property for sale and what the minimum
acceptablep rice shall be.
ORDINANCE NO.. 87—
Page,2
(f) If an offer to sell is authorized by the Council, a notice
soliciting sealed bids shall be published at least once in
a newspaper of general circulation in the city. One
publication shall be made a least two weeks prior to the
bid deadline date. The notice shall describe the property
to be sold, the minimum acceptable terms of sale, the
person designated to receive bids, the last date bids will
be received, and the date, time and place that bids will
be opened.
(g) If one or more bids are received at or above the minimum E
acceptable terms, the Council shall accept the highest bid
and direct the City Administrator to complete the sale.
(h) If no acceptable bids are received on a particular parcel,
the parcel shall be listed for six months with a local
real estate broker on a multiple listing basis with the
same minimum terms as established under Section 3(e).
Brokers shall be selected in accordance with the criteria t
found at Section 3.44.030. A listing may be renewed for
an additional one six month period.
E
t
(i) After expiration of the period set out in Section 3(h), E
the property shall be removed from the market. Any
decision to sell a piece of property once it has been
removed from the market shall require that the entire '
procedure set forth in this Ordinance be repeated. S
E
Section 4: All properties classified as Substandard Undeveloped Property,
Standard Undeveloped Property and Developed Property authorized
for sale shall be initially offered on the basis of sealed bids
only.
Section 5: DISPOSAL OF "SPECIAL CASE" PROPERTY
(a) Whenever a particular parcel or parcels is proposed for
sale by the City, or a purchase inquiry is made, and the
property is classified as Special Case Property, the
matter shall be set on the regular Council agenda, but no
public hearing is required. '
(b) The Council shall determine the validity of the agreement
for the manner in which the surplus property would be
disposed and whether all preconditions have been
satisfied. If the agreement is deemed valid, the property
shall be disposed of pursuant to the agreement's terms.
If the Council concludes that the agreement is not valid,
the property shall be disposed of in the manner described '
under the appropriate alternate class, Substandard
Undeveloped Property, Standard Undeveloped Property or
Developed Property.
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ORDINANCE NO. 87-
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Section 6: This ordinance shall be effective on and after the thirty-first
day after its passage by the Council and execution by the City
Recorder and the Mayor.
`4- PASSED: By C�V1 o-h i mo cc S vote of all Council members present
after �be�ing+�read by number, and title only, this LST_ day
of ��� � ��__, 1987.
r
_ L
Lr
oreen R. Wilson, City Recorder
APPROVED: This":::k IST day of A1aQ'-.%'�.. 1987•
Thomas M. Brian, Mayor
cn/0509D
ORDINANCE NO. 87-
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