Ordinance No. 94-06 CITY OF TIGARD, OREGON
ORDINANCE NO. 94-2!
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 3.44, SALE OF SURPLUS
REAL PROPERTY AND_REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the procedures for the sale of surplus real property are set forth
in Tigard Municipal Code chapter 3.44, and
WHEREAS,: the council has determined that the procedures should be amended to
streamline the sale process to provide for the more efficient sale of such
property and to delegate certain authority to City staff to carry out certain
procedures as directed by the council.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. Tigard Municipal Code chapter 3.44 is hereby amended as set forth
in Exhibit "A", with underlines indicating added language and strike out
indicating deleted language.
PASSED: By UrAn1'ri0uS vote of all Council members present after
being read by number and title only, this e` day of .tt&
1994
Catherine Wheatley, Wity Recorder
APPROVED; ThisWA _day of4A=V='.1994.
• r ap'frr
Approved as to f
AtLorza y
Ordinance No. 94
BXRMIT A
Chau rx 3.94. SALE OF SMLUS REAL PRCLBRTY
3AUM Qualification—Classification.
3.44.010 Disposal of substandard undeveloped property.
SA4.o15 Disposal of standard undeveloped propa,rty&nd developed property.
-1 efferkq by sealed bM&
3A4.020 Disposal of special-case property.
3.44.025 Broker selection.
3A4.,,,,005 Qualification--Classification.
Real property qualifying for the procedure established in this chapter is classified as follows:
A. Substandard Undeveloped Property. Parcels with no structures thereon which are not of
minimum buildable size for the zone in which located;
B. Standard Undeveloped Property. Parcels with no structures thereon which are of
minimum or greater buildable size for the zone in which located,
C. Developed Property. Parcels of any size with structures thereon;
D. Special-case Property.Parcels that,notwithstanding subsections A,B and C of this section,
were acquired by the city for capital improvement as defined by this code and were purchased subject
to an agreement for the manner in which any surplus would be disposed.(Ord.87-48§1,1987).
3.44.010 Disposai of substandard undeveloped vroperty.,
A. [Whenever n 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 publichearing is required. Notice Shall be given,however,of
the agenda item to all property owners within two hundred fifty feet of the parcel and to any parties who
have inquired about purchase. After discussion of the agenda item,the council shall determine whether
it will offer the property for rale .
B.
vi iyW not be fisted but"rewain awillable fee-sale thm'
The-City Council shall direr the Cit Administrator or dM:Vee to,procead with the We,publicize as
deemed appropriate,determine the existence of interested prospective L)urchasers and negotiate for the
sale of the vro er r
C.
After the details of ihe sale have been negotiated,the terms and negotiated agement for the sale of the
8122M shall be submitted to the City Coundl for approval at a reeulaAX scheduled council meed..
Ordinance No.
Exhibit A Page l of 3
3,44JR15 Disposal of standard undpveloyed prop wand developed pr RM.
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 newspaper of general circulation in
the city at least five(5)days prior to the hearing
shall describe the property proposed for sale.
C. Prior to the sale of a oFurel under this section,an appraisal of the propertXshall be
conducted At the discretion of the council such an appraisal may be ordered prior to or after the
hearing The app,,sisal may be made available to the Rublic at the hearing at the discretion of the council,
available to the-pxhlie
sbell be le at or p—*--te Ou—ebeaiiag or"be-e--dei-ed after the heaft is eenduded
a We is app
D. Public testimony shall be solicited at the hearing to determine if a sale of any parcel is in
the public interest.
E. After the hearing,the council shall determine whether it will offer the property for sale
and what the minimum acceptable pnee terms shall be.
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 cityr"'--pvbKeafien4"-be made
at 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 acceptable terms,
stall-aeeept the highest bid shall be 1%Wjgd and dkeet the city administrator or designee shall to
complete the sale.
H. If no acceptable bids are received on a particular parcel: 1 the council may alter or keep
the same minimum terms as established under subsection E of this section and direct staff to hold another
Ole,,or(2)the council may alter or keen the same minimum terms established_under subsection E of this
section and list the Rrolsertg,for six months withaloareal estate broker on a multiple listing,basis• the
sanw L6cxiimi3D c�aiavwl;h bsee. .. E of aa.s., .eeti.n Brokers shall be selected ill
zrax�csnc a3is'd ni�a�s �c �
accordance with the criteria found at Section 3.44.030 of this chapter. A listing may be renewed for an
additional one six-month period.
I. After expiration of the period set out in subsection H of alis section,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 chapter be repeated.The Coundl may.
however,decide whether or not an additional appraisal is necessary. (Ord.8748§3,1987).
Ordinance No.94-P4
Exhibit A rage 2,of 3
a ,
AR Nqwdes tolassified.
a vele--", far sale be krAdaUy offered an Owbaeb ei sealed NO
9 48 84,19X9.
3.44.020 Disposal of spedal-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(:/gasified as special- e property,the matter shall be set on the
regular council agenda,but no public bearing 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.(Ord.87-48§5,1987).
3.44.025 Broker selection.
Not withstanding any administrative rule to the contrary,the selection of a real estate broker shall
be in accordance with the following procedures:
(1) The city shall publish notice in a newspaper of general circulation in Tigard inviting
proposals for the sale of the real propel ty. The notice shall be published at least one week prior to the
date on which proposals are due.
(2) The broker's proposal shall be in writing and it shall address the selection criteria set forth
in subsection(3)of this section.
(3) The City Administrator or designee eek shall consider the following factors in the
selection of a broker:
(A) The broker's record in selling the type of real property being offered by the city
for salt and the broker's familiarity with Tigard-area market values;
(B) The broker's proposed nwkedng plan and timelines: signs,advertising,direct
mail and/or other methods;
(C) The amount of the broker's commission;,and
(D) Other factors which were#lw-eeueil-has stated in the notice of the invitation to
submit a proposal.(Ord.$5-09§3,1985).
Ordinance No.94-OV
Exhibit A Page 3 of 3