Chapter 4.04
ACCEPTANCE OF REAL PROPERTY INTERESTS, LEASES, AND IGA RENEWALS

Sections:

4.04.010    City manager – Delegation.

4.04.010 City manager – Delegation.

A. Acceptance of Real Property, or Interest Therein. Except when a public hearing before the governing body is required by state or local law, the city council hereby authorizes and expressly delegates to the city manager the authority to indicate, for purposes of recording in official deed records, the city of Lincoln City’s acceptance of real property fee title or an interest in real property pursuant to ORS 93.808.

1. The city manager may execute an instrument conveying fee title to the city or conveying any interest in real property to the city, after approval of the form by the city attorney and approval of the description of the property by the city engineer, or designee.

2. City acceptance shall be in substantially the following form:

CITY ACCEPTANCE (ORS 93.808):

CITY OF LINCOLN CITY, Grantee

By:____________________________________

City Manager

City of Lincoln City, Oregon

STATE OF OREGON)

 

) ss. ___________, 20 __

Lincoln County

)

The foregoing instrument was acknowledged before me this _________ day of ______, 20___, by__________________________ as City Manager for the City of Lincoln City.

____________________________

Notary Public for Oregon

My commission expires: ___________

B. Intergovernmental Agreements. Except when a public hearing before the governing body is required by federal, state or local law, the city council hereby authorizes and expressly delegates to the city manager the authority to enter into an intergovernmental agreement, memorandum of agreement, or memorandum of understanding with another governmental entity, provided the amount of any such agreement does not exceed $50,000 and the agreement is approved as to form by the city attorney. Further, the city council hereby authorizes and expressly delegates to the city manager the authority to renew such agreements, provided the agreement provides for renewal, terms of the agreement remain the same, or will be modified only as contemplated in the original agreement, and the renewal is approved as to form by the city attorney.

C. Execute Real Property Leases, Licenses, Permits and Grants, Not to Exceed Five Years or $50,000. The city council hereby authorizes and expressly delegates to the city manager the authority to enter into, and renew, leases of real property, licenses, permits and grants, not to exceed five years (including all renewals) or $50,000, provided the written order entering into the lease or lease renewal, or the form of the license, permit or grant, is approved as to form by the city attorney. The city council retains its authority to approve and enter into all real property leases over five years in duration or any license, permit or grant over $50,000. Pursuant to ORS 221.725 lease/option agreements require a public hearing before the city council.

D. Nothing herein prohibits the city manager from referring acceptance of real property instruments, new intergovernmental agreements, intergovernmental agreement renewals, residential real property leases, licenses, permits or grants, to the city council for decision regardless of term or dollar amount.

E. The city manager shall biannually report to the city council on the matters executed pursuant to this chapter. (Ord. 2023-08 § 1; Ord. 2022-35 § 1; Ord. 2018-02 § 1; Ord. 2015-08 § 1; Ord. 2014-14 § 1; Ord. 2013-01 § 1)