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Home My WebLink AboutORDINANCE 0312-1976CITY OF KENAI ORDINANCE NO. 312-76 AN ORDII~ANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLIt$IIINO PROCEDURES FOR THE SALE OF CITY-OWNED LANDS. WHEREAS, the Code of the City of Kenat at present contains no provtsion~ relating to the sale of real prope~y by the City, and WHBREAS, the Council desires to establish proee~lures for the sale of City-owned lands. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: That the Code of the City of Kenai is hereby amended by adding to Chapter 20, Lands, a new A~ticle IV which shell read in its entirety as follows: ARTICLE IV SALE OF CITY-OWNED LANDS Section h Powex. to dispose of real property. The City may sell, o. onvey, exchange, transfer, donate dedicate, direct ox, assign to use, or otherwise dispose of CRy-owned real property, including property aequtx, ed ox, held for ox, devoted to a public use, only in accordance with this Ax.ticleo Disposal or sale of lands shall be made only when, in the Judgment of the City Counetl, such lands m:e no longox, required for municipal pux.pos~ss. Secticn 2: Sale ox. disposal -- Form The City may sell in' dispose of real property by warranty or quit claim deed, easement, ~.ant, pemit, license, deed of trust, mox*tgage contract of sale of x.aal property, plat dedication, lease, tax deed, will er any other lawful method or mode of conveyance er giant. Any instrument requiring execution by the City shall be stglled by the City Manager and attested by the City Cleek. The fern of any instrument shall be approved by the City Atterney. Section 3: Public Sale -- Required When Unless otherwise px.ovtded in this chapter, reel property no longer used ox' useful fei' a public use or purpose shall be sold to the highest responsible bidder at a public salc. Public saic shall be by .nuction or competitiv~ bid. r? ORDINANCE NO. -76 - Page Two Section 4: Public sale procedure Real property of the City, except as provided otherwise in this chapter, shall be sold or otherwise permanently disposed of as follows: A. An estimated value of the property by a qualified appraiser or the Borough Assessor shall be made. B. The following procedure shall be followed: except that review and recommendation by the Planning Commission is not re~luired if special circumstances, as determined by the Council, warrant, or if such a Planning Commission review and recommendation has been made within six months prior to submission to the Council: I. The parcels of land to be sold shall be l'eviowed by the Planning Commission which shall make recommendations concerning desirable uses of the property, including projected need, if any, of the land for present or future recreational or other public use. 2. After review of the Planning Cammission's recommendations, the City Manager may, ff in his opinion it is in the best interests of the City to do so, recommend to the Council that such parcels of land be sold. Such recommendation shall set out the estimated value of the property as made by the Borough Assessor or a qualified appraiser and the recommended terms and conditions of sale. 3. After receipt of the recommendations, the Council may, by resolution, direct the sale of such lands. Such resolutions shall not be passed until opportuni.%., for public hearing has been afforded. 4. Notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than thh. ty days prim, to the date of sale. 5. Notice also shall be posted in at least flu'ee public places within the City and Borough for at least thirty (30) days prior to the disposal. 6. Notice may also be given by other means considered reasonable by the City Manager or Council. 7. The notice must contain a brief description of the land, its area and general location, term, minimum offer, limitations, if any, end time and place set for the auction or bid opening ff applicable. 8. The procedure for sale sh~ll be in the manne~ provided by resolution of the Council. ORDINANCE NO. 312-76 - Page Three 9. In ease~ wh{eh no offers meet the minimum acceptable offer as set by the Council, the City Manager may negotiate for the sale of the land, but the Council must, by resolution, approve the terms and price of any such negotiated sale before such sale shall be binding upon the City. Section 5. Parcels held for Public Use In cases in which land proposed for sale has been acquired or devoted or dedicated to public use, the resolution of the City Council directing sale shall contain a section stating the date of acouisition of the property, ff applicable, the purpose for which the property was acquired or the use to which it was dedicated or devoted and the reasons why, in the Judgment of the Council, the property is no longer needed for public use · Section $. Tax Foreclosure Parcels Any real property deeded to the City through tax foreclosure s~_~_"_ be disposed of by one of the following procedures: A. If the Council determines that the property is needed for immediate public use, the Council shall set the prope~y aside for public use by resolution and shall direct the administration to pay any applicable Borough taxes due according to statute, or B. If the property is not needed for immediate public use, the Council shah direct that it is sold in accordance with the procedure set out in Section 4 hereof. Section 7. Property Exchanges The Council may app,'eve, by resolution, aftra' public notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City prope~'ty owned by another person subject to ~uch conditions as Council may impose on the exchange, whenever in the Judgement of the City Council it is advantageous to the City to make the property excltange. ORDINANCE NO. 312-76 - Page Four Section 8. Grant or Devotion tc C. overnmental Asfeneleo The Council, by resolution, may gu~ant or devote real property no longer needed fox' public purpose to the United States, the State of Alaska, a local wabdivision, or any agency of any of these governments, for a con~ider- ation agreed upon between the City and C, rantee without a public sale ff the grant or devotion is advantageous to the City. PAtISED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this of October, 1976. ATTEST: JAMES A. EL-81ON, MAYOR FIRST READING: SECOND ltEADING: EFFECTIVE DATE: September 15, 1976 ~tnhnv fl. ~ovember 6~ 1978