Chapter 3.04
CITY CONTRACTS

Sections:

3.04.010    City contracting rules and surplus personal property procedures.

3.04.020    Surplus real property procedures.

3.04.010 City contracting rules and surplus personal property procedures.

The city’s contracting rules and surplus personal property procedures are adopted, and from time to time amended, by city council resolution. A copy of the city’s current contracting rules and surplus personal property procedures is on file with the city recorder. (Ord. 15-04 § 2, 2015)

3.04.020 Surplus real property procedures.

The following procedures govern how the city may sell, transfer or otherwise dispose of real property it owns:

A. In accordance with ORS 271.310(1), the city council will declare the real property to be surplus property and not needed for public use. The council may, but need not, hold a hearing to arrive at this determination. The council may, but need not, advertise its intent to declare certain real property as surplus.

1. In accordance with ORS 271.310(3), if the property is within 100 feet of railroad right-of-way, or within 500 feet of an at-grade crossing, the city will give notice to Oregon Department of Transportation’s (ODOT) railway division at least 30 days before listing or placing the property for sale. If the city is selling or otherwise granting an easement to another party, notice to ODOT is not required.

B. The city will order an appraisal and may market the property for sale or may negotiate a purchase and sale agreement with a buyer directly.

C. Pursuant to ORS 221.725, the council will hold at least one public hearing prior to the sale of real property, or any interest in real property.

1. At least five days before the hearing, the city must publish a notice of the proposed sale and the hearing in a newspaper of general circulation. The notice must state the time and place of the hearing, a general description of the property, the proposed uses for the property if those uses are identified, and the reasons why the city considers it necessary to sell it.

2. At the hearing, the council will disclose the nature of the proposed sale and its terms, including an appraisal or other evidence of value.

D. Once these steps have occurred, as necessary, the city may lawfully relinquish its interest in the real property at issue. (Ord. 15-04 § 2, 2015)