HomeMy WebLinkAbout4394 Ordinance ORDINANCE NO. 14594-/
AN ORDINANCE of the City of Pasco, Washington Amending
PMC 2.46 "Sale of City Property" Providing for the Listing of
Real Property as a Sale Procedural Alternative
WHEREAS, the City Council may determine that certain real property owned by the
City may not be necessary for the present or future municipal uses of the City, and determine
such property"surplus"to the needs of the City; and
WHEREAS, to provide for an efficient and equitable means for the sale or disposal of
such property, the City may utilize alternative methods to provide for the prompt and most
beneficial means to the City and its citizens for the disposal of such property; and
WHEREAS, the City's interest in disposing of such property may be benefitted by the
assistance of a real estate professional; and
WHEREAS, the City Council has determined that this alternative method may be in the
best interest of the City. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.46.010 of the Pasco Municipal Code entitled "Authority to
Sell Real Property" shall be and hereby is amended and shall read as follows:
2.46.010 AUTHORITY TO SELL REAL PROPERTY. Whenever it appears to the
City Council that it is for the best interest of the City and the people thereof that real property
belonging to the City should be sold, the City Council shall, by Resolution, declare such property
surplus to the needs of the City and authorize the sell and conveyanceconvey of such property
under the limitations and restrictions and in the manner hereinafter provided. In making such
sales, the City Council may sell timber, mineral, water rights, or other resources on any land
owned by the City separate and apart from the land or may reserve such rights to the City.in the
came manner and upon the same terms and conditions as provided in Sections 2.16.020
2.'16.070 for sale of real property. The City Council may reserve mineral rights in such land.
(Prior code Sec. 2-10.04.)
Section 2. That Section 2.46.020 of the Pasco Municipal Code entitled "Minimum
Price of Real Property" shall be and hereby is amended and shall read as follows:
2.46.020 MINIMUM PRICE OF REAL PROPERTY. The Council shall, by
Resolution, fix a minimum price, or authorize determination of the minimum price by appraisal
or market analysis, at which the real property may be sold Wil. The factor for consideration of
the sale price shall include:
A) Appraisal or market analysis price.
Ordinance Amending PMC 2.46
"Sale of City Property"- 1
B) Property tax or sales tax generation capacity by potential purchaser.
C) Essential services to be provided by potential purchaser needed by the
community.
D) The purchaser's use consistent with neighborhood plan or improvements.
E) Availability to other governmental entities for siting essential services.
No sale shall me made for less than unless at least the minimum price fixed by the
Council.is bid. (Ord. 1991 Sec. 1, 1978; prior code Sec. 2-10.08.)
Section 3. That Section 2.46.030 of the Pasco Municipal Code entitled "Procedures
for Sale of Real Property Exception" shall be and hereby is amended and shall read as follows:
2.46.030 PROCEDURES FOR SALE OF REAL PROPERTY. EXCEPTION. The
City Council shall determine which of the following methods shall be used to facilitate the sale
of real property owned by the City and shall set forth such determination in the Resolution.
Passage of such Resolution does not bind the City Council to sell the property using only such
method if such method proves, over a reasonable period of time, to be unsuccessful. The sale
may be facilitated by:
A) Competitive Bid Auction. Following solicitation of bids, a reasonable period for
response, and the opening of bids, the City may sell the property to the highest responsible
bidder under the terms and conditions as approved by the City.
B) Realtor Listing. The property may be listed for sale through a qualified licensed
realtor. The realtor may be selected upon the request for qualifications, for either continuing
professional services or for an individual property.
C) Negotiated Sale. The City Council shall set forth its reasons in the Resolution
declaring its desire to attempt a negotiated sale.
D) Intergovernmental Transfer Pursuant to Chapter 39.33 RCW.
E) Other Method Authorized by Statute. When a sale by a method other than
through a competitive bid or as provided above is authorized by State or Federal law.
F) Emergency Sales. When the City Council setting forth the facts by Resolution
has declared an emergency exists, the City Cou 7cil may direct the manner of sale appropriate to
meet the emergency. (Ord. 1991 Sec. 2, 1978; prior code Sec. 2-10-12.)
The City Clerk shall advertise for written competitive bids on any sale of real property
except:
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"Sale of City Property"-2
A) When sale by a method other than through a competitive bid is specifically
authorized by state law;
- . -
on a reasonable estimate accepted by the Council;
C) When the Council setting forth its reasons by resolution declares its desire to
attempt a negotiated sale. Passage of such a resolution does not bind the Council to sell the
D) When the Council setting forth the facts by resolution has declared an emergency
to exist. The Council shall further direct by resolution the manner of sale appropriate to meet the
in this chapter.
Section 4. That Section 2.46.035 of the Pasco Municipal Code entitled "Negotiated
Sales" shall be and hereby is amended and shall read as follows:
2.46.035 NEGOTIATED SALES. Following the passage of a resolution as
provided herein in subsection(C) of Section 2/16.030, the Council shall direct the obtaining of at
least one appraisal or a market analysis for the property being considered for sale. The appraisal
or market analysis shall be performed by an independent qualified appraiser or realtor to Tho
appraisal shall determine the value of the property for the purpose it is intended to be used, and
the value of the property for such other circumstances as the Council may direct. The appraisal
or market analysis shall be performed not more less than six months prior before to the date of
sale unless the Council by Resolution setting forth its reasons provides for a longer period of
time. The results of the appraisal or market analysis shall be made public prior to the Council's
approval of the sale of the real property. No real property shall be sold for less than the appraisal
or market analysis price unless any appraisal obtained without the Council sets seg forth its
reasons by Resolution. (Ord. 1991 Sec. 3, 1978.)
Section 5. That Section 2.46.040 of the Pasco Municipal Code entitled
"Advertisement of Sale of Real Property Publication — Posting" shall be and hereby is amended
and shall read as follow:
2.46.040 COMPETITIVE BID AUCTION SALE. A sale by method of auction via
competitive bidding shall conform to the following requirements: ADVERTISEMENT OF
SALE OF REAL PROPERTY PUBLICATION POSTING. The City Clerk shall publish an
advertisement for bids once each week for two successive weeks in the official city newspaper.
All pending sales shall also be advertised by any notice posted on a public bulletin board in a
five calendar days before the final date for submitting the bids.
A) Advertisement of Sale of Real Property-Publication and Posting. The City Clerk
shall publish an advertisement for bids once each week for two successive weeks in the official
newspaper of the City. All pending sales may be advertised by any notice posted on a public
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"Sale of City Property"-3
bulletin board in a conspicuous place at City Hall, upon the City's website, or upon a third-party
website suitable for the sale of real property. Both such posting and the date of last publication
must be at least five (5) calendar days before the final date for submitting the bids.
B) Contents of Advertisement for Sale of Real Property. The advertisement for bids
shall particularly describe the property or portion thereof proposed to be sold; shall designate the
place and time that the bids will be opened; shall set forth the minimum price; and shall set forth
the terms of the sale.
C) Opening Bids for Sale of Real Property; Rejection. The bids shall be opened in
public at the time and place stated in the newspaper publication. The City Council may reject
any and all bids, or bid for any one or more of the parcels of realty included in the advertisement
for bids. (Prior code Sec. 2-10.16.)
Section 6. That a new Section 2.46.045 of the Pasco Municipal Code entitled "Listed
Sale" shall be and hereby is created and shall read as follows:
2.46.045 LISTED SALE. The City may list with a qualified realtor the property for
sale under the terms of a negotiated listing agreement. The listing agreement shall provide the
term of the listing, minimum asking price, services to be performed by the realtor, and the
condition that the purchase price is subject to approval by the City Council.
Section 7. All remaining terms and conditions of Chapter 2.46 "Sale of City
Property" not amended herein, shall remain in full force and effect.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 4day of ACJ t,(611-- , 2018.
i\ / #0
att Watkins, Mayor
AT EST: APP AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Ordinance Amending PMC 2.46
"Sale of City Property"-4