Chapter 16.15
REAL PROPERTY SALES BY THE CITY
Sections:
16.15.010 Power to dispose of real property.
16.15.020 Sale or disposal – Form.
16.15.030 Sale or disposal – Rights and powers.
16.15.050 Public sale – Required when.
16.15.060 Public sale procedures.
16.15.070 Minimum acceptable offer.
16.15.090 Sales to governmental units.
16.15.010 Power to dispose of real property.
The City may sell, convey, exchange, transfer, donate, dedicate, direct or assign to use, to otherwise dispose of City-owned real property by any lawful means or conveyances. [Ord. 01-77 Ch. 46 § 1].
16.15.020 Sale or disposal – Form.
The City may sell of dispose of real property by any lawful means. Any instrument requiring execution by the City shall be signed by the Mayor and attested by the City Clerk. [Ord. 01-77 Ch. 46 § 2].
16.15.030 Sale or disposal – Rights and powers.
The City shall have and may exercise all rights and powers in the sale and disposal of real property as if the City were a private person. The City may sell or dispose of any real property, including property acquired or held for or devoted to a public use, when in the judgment of the City Council it is no longer required for City purposes. [Ord. 01-77 Ch. 46 § 3].
16.15.040 Property exchanges.
The Council may approve after public notice the conveyance and exchange of a parcel of City property for an equivalent parcel of property owned by another person subject to such conditions as the Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange. [Ord. 01-77 Ch. 46 § 4].
16.15.050 Public sale – Required when.
Unless otherwise provided in this chapter, real property no longer used or useful for a public use or purpose shall be sold to the highest responsible bidder at a public sale. Public sale shall not be required where the real property of the City is subject to any term or condition restricting or limiting the ability of the City to obtain the fair market value of the property. Public sale shall not be required to persons who agree to operate a beneficial new industry; provided, however, that the Council shall find that the new industry will be advantageous to the City and that the buyer agrees to the terms and conditions set forth by the Council for the sale of real property. [Ord. 01-77 Ch. 46 § 5].
16.15.060 Public sale procedures.
Real property of the City, except as provided otherwise in this chapter, and except land acquired by tax foreclosure, shall be sold or permanently disposed of as follows:
(a) Appraisal. An estimated value of the property shall be made by a qualified appraiser or the Assessor of the Ketchikan Gateway Borough.
(b) Land valued at under $50,000 shall be disposed of as follows:
(1) The Mayor may, if in his opinion it is in the best interests of the City to do so, recommend to the Council that such parcels of land to be sold. Such recommendation shall set out the development of the property, if the Mayor determines such a plan to be necessary, the estimated value of the property as made by a qualified appraiser and the recommended terms and conditions of sale.
(2) After receipt of the recommendations, the Council may, by resolution, direct the sale or lease of such lands under such terms and conditions as it requires.
(3) If there is a newspaper of general circulation within the City, notice of disposition and the manner in which the land is to be disposed of shall be published in a newspaper of general circulation within the city once each week for two successive weeks not less than 30 days prior to the date of disposal.
(4) Notice shall also be posted in at least three public places within the City for at least 30 days prior to the disposal.
(5) Notice may also be given by other means considered reasonable by the Mayor or Council.
(6) The notice must contain a brief description of the land, its area and general location, proposed use, term, computed annual minimum rental or minimum offer, limitations, if any, and time and place set for the action or bid opening if applicable.
(7) The procedure for disposal shall be in a manner provided by ordinance.
(c) Sale or other permanent disposition of land valued at $50,000 or more shall be in the manner prescribed in subsection (b) of this section except that:
(1) Council action under subsection (b)(5) of this section shall be by ordinance; and
(2) No disposition of land valued at $50,000 and over shall be valid unless ratified by a majority of the qualified voters voting at a regular or special election at which the question of the ratification of the ordinance is submitted. A notice stating the time of the election and place of voting, describing the property to be sold, leased or disposed of, giving a brief statement of the terms and conditions of the sale and the consideration, shall be given by posting a copy of it in at least three public places in the City at least 30 days before the election. [Ord. 08-2009-017; Ord. 01-77 Ch. 46 § 6; Ord. 129 § 1].
16.15.070 Minimum acceptable offer.
If there are no acceptable offers, the Mayor may negotiate for the sale or lease of the land, but the Council must, by ordinance, approve the terms and price of any such negotiated sale or lease before such sale or lease shall be binding upon the City. [Ord. 01-77 Ch. 46 § 7].
16.15.080 Conditions of sale.
The Council in the ordinance authorizing the sale of real property shall set forth the terms and conditions of the public sale. The Council may reserve the right to reject any and all bids received at the public sale, if the highest bid is below the fair market value and cost of sale or is not made by a responsible bidder. The ordinance shall provide if the sale is for cash, or cash deposit and purchase agreement. The City Council shall approve all public sales of real property, and shall approve any purchase agreement prior to its execution by the City. The approval of any public sale by the Council authorizes the Mayor to take all steps and execute all instruments to complete and close the sale. The Mayor or his designee shall conduct the sale, and shall give to the buyer a receipt of all moneys received by the City. A purchaser at a public sale who fails to make such other cash payments within the times required by the ordinance shall forfeit any cash deposit paid to the City. [Ord. 01-77 Ch. 46 § 8].
16.15.090 Sales to governmental units.
Sales, leases, or dispositions of City-owned real property or an interest in real property which are to be made by the City to the United States, the State, or a political subdivision, be provided for by resolution setting forth the reasons of the Council for making the sale, lease, or other disposition and empowering the City officers to sign the papers of transfer. [Ord. 01-77 Ch. 46 § 9; Ord. dated 1973].