Chapter 2.10
ACQUISITION AND DISPOSAL OF REAL PROPERTY
Sections:
2.10.010 Rights and powers of the city.
2.10.020 Acquisition of real property.
2.10.030 Disposal of real property.
2.10.050 Disposal by sealed bid.
2.10.010 Rights and powers of the city.
The city shall have and may exercise all rights and powers in the acquisition, ownership, holding and disposal of any interest in real property not prohibited by law. (Ord. O-93-6-6 § 1 (part), 1994)
2.10.020 Acquisition of real property.
(a) The city may acquire any interest in real property by purchase, lease, exchange, transfer, donation or any other method. All acquisitions not otherwise provided for by law shall be by ordinance enacted by a majority vote of the city council.
(b) Real property shall be held in the name of “City of Nome.” (Ord. O-93-6-6 § 1 (part), 1994)
2.10.030 Disposal of real property.
(a) The city council may, by ordinance, provide for the disposal of an interest in any real property which is no longer necessary for municipal purposes. All such disposals shall be in accordance with NCO Section 2.10.050. The current assessed value or current appraised value shall be the minimum bid price unless otherwise determined by ordinance. Disposal of any fee interest shall be by quitclaim deed.
(b) The city council may, by ordinance, provide for the disposal of any interest in real property to a municipal, borough, state or federal entity, or to any other entity providing a necessary public service without seeking bids and for less than the current assessed value or current appraised value of that interest in real property. All disposals made pursuant to this subsection shall include a condition requiring that the interest of the city being disposed of reverts to the city in the event the real property disposed of is not being used to provide the necessary public service justifying the original disposal.
(c) The city council may, by ordinance, provide for the disposal of an interest in real property to any person or entity in furtherance of the development of local trade or industry without seeking bids and for less than the current assessed value or current appraised value of that interest in real property. All disposals made pursuant to this subsection shall include a condition requiring that the interest of the city being disposed of reverts to the city in the event that the real property disposed of is not being used in furtherance of the development of local trade or industry justifying the original disposal.
(d) The city council may, by ordinance, compromise disputed claims or litigation by authorizing disposal of any interest in real property.
(e) The city council may, by ordinance, provide for the disposal of an interest in real property to a person with an equitable claim of an interest in the property by reason of their occupancy of the property prior to its transfer to the city and their continued occupancy of the property after its transfer to the city without seeking bids and for less than the current assessed value or current appraised value of that property.
(f) All disposals made by the city to a native tribal council shall include a requirement that the native tribal council waive any immunity from suit for the purpose of enforcing any conditions attached to the disposal of the city’s interest in the real property to the native tribal council.
(g) The city council may, by resolution, provide for the disposal of a right of reverter and reversionary interest in real property previously disposed of by the city for residential use to the current owner of the real property. Nothing in this subsection waives the city’s interest in real property that has reverted to the city. The person requesting disposal of a right of reverter and reversionary interest held by the city must show to the city council’s satisfaction that the person is the record owner of the real property and that the real property has not already reverted to the city. The city council may dispose of its right of reverter and reversionary interest under this subsection for less than fair market value. Disposals made under this subsection are exempt from the public notice requirements in Section 2.10.040 of this chapter. (Ord. O-21-03-01SA § 2, 2021; Ord. O-06-09-01 § 2, 2006; Ord. O-93-6-6 § 1 (part), 1994)
2.10.040 Notice of disposal.
(a) A notice of the proposed disposal of any interest in real property shall be published by the city clerk in a newspaper of general circulation promptly following the date of the passage of the resolution or ordinance authorizing the disposal.
(b) The notice shall include:
(1) A legal description of the property;
(2) A description of the city’s interest being disposed of;
(3) Identification of the instrument of conveyance or other method of disposal;
(4) The value of the city’s interest being disposed of, according to current assessment or current appraisal;
(5) The date of the proposed disposal;
(6) The time, place and manner in which the proposed disposal shall occur; and
(7) Any additional terms and conditions the city clerk has reasonably prescribed for a disposal by sealed bid. (Ord. O-21-03-01SA § 3, 2021; Ord. O-93-6-6 § 1 (part), 1994)
2.10.050 Disposal by sealed bid.
(a) All property sold by sealed bids shall be submitted to bid on an individual lot basis. This subsection shall not be construed to prevent the advertising or sale of more than one lot at the same time. Bids may be submitted on all of the lots advertised for disposal at one time or any one of the lots so advertised. A sealed bid disposal under this section shall be subject to additional terms and conditions the city clerk may reasonably prescribe.
(b) All sealed bids shall be submitted to the city clerk at the city hall in Nome, Alaska. All sealed bids shall be physically received and date-stamped by the city clerk by two-fifty-nine p.m. on the thirty-fifth day after the date of the first publication of the notice of disposal. This deadline shall not be extended if the thirty-fifth day is a day city hall is not open for business.
(c) The city clerk shall open all bids publicly in the office of the city clerk at three p.m on the thirty-fifth day after the date of the first publication of the notice of disposal, or on the first business day after any thirty-sixth day falling on a weekend or holiday.
(d) The highest responsive and responsible bid shall be accepted by the city unless the city council rejects any or all bids by motion at its next regular meeting or at a special meeting called for the purpose and convened within fourteen days after the date of the bid opening.
(e) Any property offered for sale by sealed bid that is not sold to a bidder shall be available for sale at the minimum bid price over the counter on a first-come, first-served basis for a period of one hundred eighty days following the date of the bid opening. (Ord. O-21-03-01SA § 4, 2021; Ord. O-93-6-6 § 1 (part), 1994)
2.10.060 Definitions.
As used in this chapter:
“Interest in real property” means and applies to both surfaces estates and subsurface estates, and both submerged lands and uplands. “Interest in real property” includes, but is not limited to, any and all vested or future vesting interest in fee simple ownership; leasehold; rental or other interest in tenancy; undivided or common interest in real property; use of or possessory interest in a fixture; easement; license; extraction or harvesting permit; mortgage, deed of trust or other financial encumbrance on real property; life tenancy or remainder; reverter or possibility of reverter.
“Public service” means and includes, but is not limited to, community health, community welfare or community safety such as police protection, fire protection, public education, public utilities, public transportation and sanitation and environmental protection. (Ord. O-93-6-6 § 1 (part), 1994)