HomeMy WebLinkAboutOrdinance No. 19447ORDINANCE N0. 19447
AN ORDINANCE CONCERNING REAL PROPERTY DISPOSAL PROCE-
DURES; AMENDING AND RENUMBERING SECTION 2.019 OF THE
EUGENE CODE, 1971; ADDING A CAPTION AND SECTIONS 2,860,
2.861, 2.862, 2.864, ~~.~. 2.868, 2.810, 2.812, AND
2.874 TO THAT CODE; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLO~15:
Section 1. Section 2.019 of the Eugene Cade, 1971 is amended and renum-
tiered 2.870, and a caption and Sections 2,860, 2.861, 2.862, 2.864, ~,, .~
2.568, 2.870, 2.872, and 2.814 are added to that Code, to read and provide:
Real Property Disposal Procedure
2.560 Real Pro erty Dis osal - Definitions. In sections 2.861 to 2.874
of this code, except where the context clearly indicates a differ-
ent meaning, the following words and phrases mean:
City mans er. The city manager of the city of Eugene, or the
manager's designee .
Develo ment lan. Any written plan adopted by the council
which designates real property for disposal in furtherance of city
programs or public purposes, Such adopted plans presently include,
but are not limited. to, the Mahlon Sweet Airport Master Plan and
the Hauling Dispersal Policy Plan and include any other plans
adopted in the future.
Dis oral/dis ose. The sale, lease, exchange or donation of
real property.
Lease. A tenancy in real property granting the right of pos-
session fora specified term for consideration. "Lease" does not
include a permit, license, or franchise to use any city-owned or
controlled real property or public way.
Real ro erty. Any interest in real property owned by the
city of Eugene within or without the geographic 1 i mi is of the city .
2.561 Real Pro erty Dis osal - 5co e. Real property owned by the city
shall be disposed of as provided in sections 2.860 to 2.874 of this
chapter unless another procedure is specified in this code or in a council-
approved intergovernmental agreement. Nothing in sections 2.860 to 2.874 of
this chapter shall require additional procedures or limit the authority of
the city manager to issue any permits or licenses authorized by this code.
2.$62 Real Pro erty Dis oral - Subject to Develo ment Plan.
. ~1} Except as provided in subsection ~2~, all real property ac-
qu~red and held by the city far a purpose specified in a development plan
may be disposed of for that purpose by any of the following procedures;
ordinance ~ 1
~a} Pub_1ic,,d.~„s,pasal. After publishing notice of a public
sale by auction or written proposal in which the parcels offered
are identified and the terms and conditions of sale or the criteria
for proposal selection are stated, the city manager may dispose of
real property according to the best bid or proposal. The decision
of the city manager shall be final,
fib} Pri yat_e_ disposal . The city manager may pri vate1y sot i ci t
proposals and negotiate with any .person for the disposal of real
property, Upon receiving an acceptable proposal, the city manager
shall notify the council in writing of his/her intention to accept
the proposal. ~fithin ten days after receiving notice the council
shall decide to review the proposed transactions. ~f the council
does not decide to review the proposed transaction within the ten
.days, the city manager may accept the proposal. Upon receiving
notice of the proposed transaction the council may waive review
of the transaction in which event the city manager may immediately
accept the proposal. After its review the council may affirm,
modify or reject the .proposed transaction, The decision of the
council shall be final.
~2} then real property subject to a development plan is determined
by the city manager to be suitable far tenant occupancy and that occupancy
is consistent with the development plan, the city manager may lease all or
any part of it to another fora term not to exceed 24 years at fair market
rent. The city manager may require additional lease terms and conditions
consistent with the public health, safety and welfare. The decision of the
city manager shall be final,
2.864 Real Pro arty dis osa1 -Sur 1us Prv arty.
~1} The city manager may declare any real property surplus when
it is not needed fora public purpose or when it may be put to private use
until it is needed fora public purpose. Upon such declaration, the property
shall be disposed of as provided in this section.
~2} The city manager shall notify the council in writing of the
declaration of surplus real property, and the proposed general terms and con-
di ti on s for disposition . This notice shat 1 be given not 1 ass than ten days
before the property i s offered for disposal . within the ten days after re-
ceiving notice the council shall decide to review any part of the city
manager's designation. If the council elects to review any of the city
manager's designations it may modify the proposed terms and conditions for
disposal or rescind any part of the dec1 arati on of surplus property. If the
council fails to act within 34 days of the city manager`s notice, or after
the council modifies the city manager's proposal, the city manager shall give
public notice of the intention to dispose of the property, The native shall
be published once a week .for two consecutive weeks in a newspaper of general
circulation within the city and shall identify each parcel of real property,
the general terms and conditions of disposal, and other relevant information.
~3} Except when sold under subsection 2.8644}, after giving the
notice required by subsection 2.8642}, the city manager may dispose of sur-
plus real property when an offer is received which meets or exceeds the terms
and conditions in the published notice. The city manager is not required to
accept any offer unless ~s}he finds the offer to be in the best interest of
the city. Any offer received .in excess of $100,D00 which the city manager
proposes to accept shall be subject to council notice, review and action as
provided in paragraph 2.8621}fib} of this chapter.
Ordinance - 2
. ~4} The city manager may dispose of surplus real property by com-
petit~ve bid or auction after publishing notice which identifies each parcel
to be offered and states the terms and conditions of disposal or the criteria
for bid selection. The decision of the city manager shall be final.
. ~5} If no offers are accepted within 24 months of the manager's
declaration of surplus, the property shall cease to be surplus property until
redesignated by the city manager.
. (6} Without complying with the procedures in this section, the
city manager, on such terms and conditions as ~s}he determines, may allow
the occupant of real property being acquired to continue the occupancy.
2.868 Real Pro erty Dis oral - Governmental Transactions. Except when
disposal occurs under section 2.862, the council may dispose of
real property to any governmental entity without notice or hearing.
2.870 Real Pro erty Dis osal - Permits and Easements. The city manager
is authorized to grant temporary or permanent permits or easements
across city-owned real property if ~s}he determines that such permit or ease-
ment will not unreasonably disrupt the _intended public use of the property,
2.872 Real Pro erty Dis osa1 - All Other Pro erty. Unless another pro-
cedure is specified in this code or in a council-approved inter-
governmental agreement, a proposal acceptable to the city manager shall be
presented to the council for its action.
2.874 Real Pro erty Dis oral - Re ulations. By following the procedures
in section ~.Q12 of this code the city manager may establish any
regulations required to carry out the provisions of sections 2,86Q to 2.872
of this chapter.
Section 2. That the matters contained herein concern the public we1-
fare and an emergency is therefore declared to exist, and this Ordinance
shall become effective immediately upon its passage by the City Council and
approval by the Mayor.
Passed by the City Council this
14th d of January, 1987
C' y Recorder
Approved by the Mayor this
14th day f anu y, 987
~~
// ~--' Mayor "/
Ordinance - 3