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Home My WebLink AboutCOW 2018-07-23 Item 4F - Ordinance - Reenact TMC Chapter 2.64 "Sale of City Property"COUNCIL AGENDA SYNOPSIS Initials Meetin • Date Prepared by Mayor's review Council review 07/23/18 07/23/18 RB RB .. rte_ ITEM INFORMATION AGENDA ITEM TITLE CA1IG01n' ® Discussion STAFF SPONSOR: RACHEL BIANCHI Amending TMC 2.64 Sale of City Property Motion ❑ Resolution ITEM No. 4.F. & Spec 2.B. ORIGINAL AGENDA DATE: 7/23/18 ® Ordinance Mtg Date 07/23/18 Mtg Date Mtg Date Mtg Date 07/23/18 U Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date ❑PW Court SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ['Fire LITS ❑P&R Police SPONSOR'S The Council is being asked to adopt an ordinance amending TMC 2.64 Sale of City Property SUMMARY to enable property to be sold through settlement agreements. Discussion will occur at the 7/23 C.O.W. and the Council is being asked to forward the ordinance for adoption to the Consent agenda of the Special Meeting that follows the C.O.W. RI.VIII:wJ 1) BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: ❑ Finance Comm. ❑ Public Safety Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONsoR/ADMIN. Mayor's Office Comm' IThis item was not discussed in committee EXPENDPrURI"'. REQUIRED Fund Source: Comments: MTG. DATE COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED 7/23/18 MTG. DATE 7/23/18 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 7/19/18 Ordinance in Draft Form 271 272 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Derek Speck, Economic Development Administrator CC: Mayor Ekberg DATE: July 18, 2018 SUBJECT: TMC 2.64 Sale of City Property ISSUE Staff recommends Council adopt an ordinance revising TMC 2.64 to enable the sale of property through settlement agreements. BACKGROUND Tukwila Municipal Code (TMC) 2.64 determines the City's process to sell property. The process requires a bidding process except in certain circumstances, such as when the Council has approved an alternative process for receiving offers. DISCUSSION Staff recommends the Council amend TMC 2.64 to enable the Council to approve the sale of property through settlement agreements. This could be a useful method in certain circumstances, such as when the City is negotiating settlement agreements with businesses being dislocated for the Public Safety Plan. A draft ordinance amending the TMC is attached. If the TMC is amended as proposed, Council approval to sell a specific piece of property would occur when the Council is approving a settlement agreement. FINANCIAL IMPACT This item has no budget impact. RECOMMENDATION The Council is being asked to discuss the ordinance at the July 23, 2018 Committee of the Whole meeting and place it on the Consent Agenda for approval at the subsequent Special Meeting that will occur the same night. ATTACHMENTS Draft ordinance 273 274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2468, 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 or an alternative process; and WHEREAS, the City Council may determine that in certain situations the City's interests are better served by conveying ownership of its property through negotiation of a settlement agreement rather than selling the property by bids or an alternative process; 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 2.64.020 2.64.030 2.64.040 2.64.050 2.64.060 Authorization — Effecting Transfer of Property Conveyance Minimum Price Set Call for Bids — Exceptions Notice of Intent to Sell Opening Bids — Rejection Receipt of Acceptable Offers or Bids — Preparation of Instruments W. Word Processing\Ordinances\Sale of City Property 7-18-18.doc DS:bjs Page 1 of 3 275 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, and the Cit shall abide by the provisions of Tukwila Municipal Code Sections 2.64.040, 2.64.050, and 2.64.060, 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; or 5. The Council desires to dispose of the property pursuant to a settlement agreement- 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 7-18-18,doc DS:bjs Page 2 of 3 276 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 No. 2468 is 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 Special Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Sale of City Property 7-18-18.doc DS:bjs Page 3 of 3 277