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Home My WebLink AboutReg 2015-02-17 Item 5C - Reenact TMC Chapter 2.64 "Sale of City Property"COUNCIL A SYNOPSIS ---------------------------------- Initial Meefin ,g Date Prepared by Ma ors review Council review 02/09/15 DCS E] Resolution Mtg Date N Ordina&,e Mtg Date 2117115 02/17/15 DCS F ❑-1 Otber Mtg Date SPONSOR ❑ Council N Mayor E:1 HR ❑ DCD ❑ Finance [:].Fire ❑ IT ❑ P&R ❑ Police [:] PW,' SPONSOR'S The Council is being asked to approve changes to the City's procedures for selling City SUMMARY property. REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 2/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office Comm "'l] 1,1' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exl)l,.'NDI'I'URL,'Rl,"QUIIUEI) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/9/15 VMr,11,11110REVIr-A "0 ITEM NO. 5-C. 41 SPONSOR: DEREK SPECK ORI(;INAI,A(31-,NI)ADA'1'1.,": 2/9/15 A(31-,'NDA ITEM TITLE TMC 2.64 Sale of City Property CATEGORY N Dismssion Mtg Date 0219115 E] Motion Mtg Date E] Resolution Mtg Date N Ordina&,e Mtg Date 2117115 E] .Bid Award Mt Date Ej Public Hearin g Mtg Date F ❑-1 Otber Mtg Date SPONSOR ❑ Council N Mayor E:1 HR ❑ DCD ❑ Finance [:].Fire ❑ IT ❑ P&R ❑ Police [:] PW,' SPONSOR'S The Council is being asked to approve changes to the City's procedures for selling City SUMMARY property. REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 2/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office Comm "'l] 1,1' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exl)l,.'NDI'I'URL,'Rl,"QUIIUEI) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/9/15 Forward to Regular meeting MTG. DATE ATTACHMENTS 2/9/15 Informational Memorandum dated 1/28/15 Ordinance in Draft Form Minutes from the Finance and Safety Committee meeting of 2/3/15 2/17/15 Ordinance I 41 42 11, 7 TP Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 663 AND 1958, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.64, AND REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.64 RELATED TO THE SALE OF CITY PROPERTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council may determine that it is in the City's best interests to sell City property, whether real, personal, or mixed, such as a lot, parcel or portion of such lot or parcel; and WHEREAS, it is the responsibility of the Council to authorize the sale of such property and the responsibility of the Mayor to effect the transaction; and WHEREAS, Chapter 2.64 of the Tukwila Municipal Code currently requires City property to be sold after receiving bids-, and WHEREAS, the City Council may determine that in certain situations the City's interests are better served by negotiating directly with a purchaser of the property rather than selling the property by bids; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.64 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.64 is hereby reenacted to read as follows: CHAPTER 2.64 SALE OF CITY PROPERTY Sections: 2.64.010 Authorization — Effecting Transfer of Property Conveyance 2.64.020 Minimum Price Set 2.64.030 Call for Bids — Exceptions 2.64.040 Notice of Intent to Sell 2.64.050 Opening Bids — Rejection 2.64.060 Receipt of Acceptable Offers or Bids — Preparation of Instruments W: Word Processing\Ordinances\Sale of City Property 2-10-15.doc Page 1 of 3 AMS:bjs 43 Section 2. TMC Section 2.64.010 is hereby reenacted to read as follows: 2.64.010 Authorization — Effecting Transfer of Property Conveyance Whenever it shall appear to the Mayor and the City Council that it is for the best interests of the City and the people thereof that any lot, parcel, or portion of such lot or parcels is no longer needed and the property, whether real, personal, or mixed, belonging to the City, should be sold, it shall be the duty of the Council to authorize a sale of such property acting by and through the Mayor of the City, to cause to be effected the conveyance as necessary to transfer the property under the limitations and restrictions provided in this chapter and in State law. Section 3. TMC Section 2.64.020 is hereby reenacted to read as follows: 2.64.020 Minimum Price Set Subsequent to receipt of an assessment of the value of the property, the Council shall fix a minimum price at which such may be sold. No offer or bid shall be deemed acceptable that does not meet the minimum price fixed by the Council. Section 4. TMC Section 2.64.030 is hereby reenacted to read as follows: 2.64.030 Call for Bids — Exceptions The City Clerk shall cause a call for bids to be published relating to such property, except when: 1. Selling to a governmental agency in the manner provided in the laws of the State of Washington; 2. The value of the property to be sold is less than $10,000.00; 3. The Council setting forth the facts by resolution has declared an emergency to exist; or 4. The Council has approved an alternative process for receiving offers, selecting the buyer and negotiating the price. Section 5. TMC Section 2.64.040 is hereby reenacted to read as follows: 2.64.040 Notice of Intent to Sell The City Clerk shall give notice of the City's intention to make such sale by one publication in the official newspaper of the City-, the City Clerk shall also cause notice of the City's intention to make such sales to be posted in the City's on-line Digital Records Center. Both posting and the date of publication must be at least five calendar days before the final date for submission of offers or bids. W: Word Processing\Ordinances\Sale of City Property 2-10-15.doc Page 2 of 3 AMS:bjs M] Section 6. TMC Section 2.64.050 is hereby reenacted to read as follows: 2.64.050 Opening Bids — Rejection Bids shall be opened in public at the time and place stated in such publication. The City Council may reject any and all bids, or the bid for any one or more of the parcels, real or personal, included in the aforesaid call for bids. Section 7. TMC Section 2.64.060 is hereby reenacted to read as follows: 2.64.060 Receipt of Acceptable Offers or Bids — Preparation of Instruments Upon receipt of an acceptable offer or bid relating to the property, the Council shall authorize the Mayor to cause necessary instruments to be prepared, and further authorizes the Mayor to execute such instruments. Section 8. Repealer. Ordinance Nos. 663 and 1958 are hereby repealed. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney W: Word Processing \Ordinances \Sale of City Property 2- 10- 15.doc AMS:bjs Kate Kruller, Mayor Pro Tempore Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Page 3 of 3 45