Chapter 3.49 PROPERTY ACQUISITION AND DISPOSITION

Chapter 3.49
PROPERTY ACQUISITION AND DISPOSITION

Sections:

3.49.010 Acquisition of real property.

The city manager is authorized to negotiate the purchase of real property, which shall be based upon a fair-market value appraisal of the property. The City shall not pay more than fair-market value for any real property, except as may be approved by the Washington State Department of Transportation on behalf of the City for road construction projects. Final approval of any purchase of real property shall be obtained from city council prior to purchase; provided city council may delegate authority for approval and purchase to the city manager or City staff as may be appropriate. (Ord. 15-022 § 12, 2015).

3.49.020 Disposition of City property.

A. Declaring Real and Personal Property Surplus. The decision to declare City property surplus shall rest solely with the city council. Personal property with a value of less than $10.00 is declared to be of de minimis value and exempt from this provision. Employees of the City shall not be allowed to purchase surplus property from the City.

1. Upon a finding by a department director that the City property is surplus to departmental use, the city manager shall provide notice of potential disposition to other City departments. If any department director desires to acquire and use the proposed surplus City property, the property may be transferred to the requesting department director, or other authorized representative.

2. If no request for the use of proposed surplus property is received from staff, notice and recommendation of the proposal to declare the City property surplus shall be given to the city council. The city council may pass a resolution declaring the City property surplus.

3. The city council may declare City property surplus upon one or more of the following criteria:

a. The City has or anticipates no practical, efficient, or appropriate use for the property.

b. The purpose served by the property can be accomplished by use of a better, less costly or more efficient alternative.

c. The purpose served by the property no longer exists as determined by a change of policy or practice.

d. The property is damaged, inoperable or obsolete and the cost of repairing the same is uneconomical or impractical.

B. Sale of Property. Following passage of a resolution declaring City property surplus, City property shall be sold or disposed of in accordance with the following:

1. The city manager may dispose of surplus personal property by public auction, bid, or other method of sale on terms deemed to be in the best interests of the City.

2. Surplus personal property which is unsellable because of obsolescence, wear and tear, or other reasons may be dismantled, if necessary, and sold as scrap.

3. For surplus real property, the city manager shall secure a market value appraisal and proceed to sell the same by public auction or through other procedures the city manager deems to be in the best interests of the City.

C. Trade of Real Property. Real property may be traded under the following conditions:

1. If the city manager determines that the disposal of real property declared surplus under this section could realize greater benefit to the City through consideration other than cash, the city manager may invite prospective purchasers to tender consideration of cash and/or property. Upon receipt of a bid or offer tendering in-kind consideration, and prior to accepting such bid or offer, the city manager shall make a report setting forth the benefits of such a transaction. This report shall be made to the city council at a formal meeting and shall be open to the public.

2. Before accepting any bid or offer containing in-kind consideration, an adequate appraisal shall have been made by a qualified independent appraiser.

3. If the city council finds that the bid or offer containing the in-kind consideration has more value or benefit to the City than any other bid or offer submitted, the city manager may accept the bid or offer containing in-kind consideration.

D. Lease of Public Property. The city manager may authorize the lease or sublease of any property, including real property, under such terms and conditions as the city manager may deem desirable, fair and appropriate, either by use of negotiations or bidding in the best interests of the City. Leases of real property shall not be granted for a period of more than five years, unless otherwise authorized by the city council. (Ord. 15-022 § 12, 2015).