Loading...
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- Page 1 l 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. 1: F ORDINANCE NO. 87- Page 3 E ti 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- Page 4 41 { 5