Chapter 18.06
MUNICIPAL
PROPERTY ACQUISITION
Sections:
18.06.010 Real property acquisitions,
authority.
18.06.020 Real property acquisitions, form;
procedure.
18.06.030 Real property
acquisitions--Council approval.
18.06.040 Real property
acquisitions--acceptance by City Manager.
18.06.042 Real property acquisitions--Classification of foreclosed
properties conveyed to the City.
18.06.044 Payment of taxes on foreclosed property retained for public
purposes.
18.06.050 Exemption from competitive
bidding.
18.06.060 Multi-year contracts.
18.06.070 Lease-purchase agreements.
18.06.075 Real property acquisitions--Trade
or exchange.
18.06.010 Real property
acquisitions, authority. a. The City may acquire, own
and hold real property within or outside the City boundaries by any lawful
means or conveyance, and may exercise all rights and powers in the acquisition,
ownership and holding of real property as if the City were a private person.
b. The City may acquire real property by
exercise of the powers of eminent domain and declaration of taking in the
performance of an authorized power or function of the City in accordance with
AS 09.55.240 through AS 09.55.460 (Ord. 90-11 3, 1990.)
18.06.020 Real property acquisitions, form;
procedure. a. The City may acquire, own
and hold real property by warranty or quitclaim deed, easement, grant, permit,
license, deed of trust, mortgage, contract of sale of real property, plat
dedication, lease, tax deed, will, or any other lawful method or mode of conveyance
or grant. Real property shall be held in the name of the City. The form of any
conveyance shall be approved by the City Attorney prior to execution.
b. Unless otherwise provided by Council, the
City shall purchase marketable title in the real property. Unless otherwise
provided by resolution or upon Council approval of a purchase, the City Manager
is authorized to obtain title insurance, to execute any instruments and to take
all steps necessary to complete and close the purchase and acquisition of the
real property.
c. Prior to any acquisition subject to
18.06.030, the City Manager shall furnish the Council with a title report, the
borough tax assessment value or an appraisal of the real property, and a review
of any problems in acquisition, but the failure to furnish the Council any such
material shall not affect the validity of any acquisition or purchase of real
property by the City. (Ord. 90-11 §3, 1990.)
18.06.030 Real property
acquisition--Council approval.
In
addition to any other Council action that may be required by law or this Code
with regard to real property acquisition by the City, the following shall be
subject to Council approval:
a. All acquisitions of real property, except:
1. Acquisitions for which the specific
location is identified and specifically authorized for purchase under an
approved capital improvement budget;
2. Acquisitions of rights-of-way or easements
incidental to a construction project which has been approved by the Council;
3. Acquisitions by foreclosure when no taxes
or assessments are due another governmental entity or by judicial proceedings
or settlements other than proceedings in eminent domain;
4. Acquisition pursuant to the selection of
State lands under the provisions of AS 29.65.010, et seq. ;
5. Acquisitions by the dedication of any
interest in property in connection with the approval of a subdivision plat;
however, the City's obligations with respect to such dedications are subject to
18.02.030.
b. The institution of eminent domain
proceedings on behalf of the City, except that in an emergency where the public
interest so requires, the City Manager may institute eminent domain proceedings
without Council approval, informing the Council thereof and the justification
therefore as soon as practicable. (Ord. 90-28 §12, 1990; Ord.
90-11 §3, 1990.)
18.06.040 Real property
acquisition--acceptance by City Manager. No conveyance of real
property to the City shall be effective until accepted in writing by the City
Manager or his designee; provided, that no such acceptance shall be required to
perfect a property interest in lands:
1. Acquired by foreclosure when no taxes or
assessments are due another governmental entity or by judicial proceedings or
settlements including proceedings in eminent domain;
2. Acquired pursuant to the selection of
State lands under the provisions of AS 29.65.010 et seq.;
3. Acquired through the physical
appropriation of lands by an act giving rise to a finding of inverse condemnation;
4. Acquired through the dedication of any
interest in property in connection with the approval of a subdivision plat;
however, the City's obligations with respect to such dedications are subject to
18.02.030. (Ord. 90-28 §13, 1990; Ord
90-11 §3, 1990.)
18.06.042
Real property acquisition--classification of foreclosed properties conveyed to
the City. a. The City shall, by ordinance, determine whether foreclosed
property conveyed to the City should be retained for a public purpose or,
following
a. finding that a public need
does not exist, should be offered for sale.
b. Property retained for a public purpose may
be classified for a public use consistent with the provisions of the
Comprehensive Plan and Homer Zoning Code or may be classified as "undesignated".
c. Property not required for public use and
classified for sale shall be sold pursuant to the provisions of Chapter 18.12.
d. The ordinance required by this section
shall contain the legal description of the property, the address or a general
description of the property sufficient to provide the public with notice of its
location, and the name of the last record owner of the property as the name
appears on the assessment rolls.
e. The City Clerk or the Clerk's designee
shall send a copy of the published notice of the hearing of the ordinance
required by subsection a. by certified mail to the former record owner of the
property that is the subject of the ordinance provided that the subject
property has been held by the City less than ten years after the close of the
redemption period. The notice shall be mailed within five days after its first
publication and shall be sufficient if mailed to the last record owner of the
property as the name appears on the City assessment roll. (Ord.
90-28 §11, 1990.)
18.06.044 Payment of taxes on foreclosed property
retained for public purpose. If the City retains foreclosed property for
a public purpose pursuant to 18.06.042, it shall satisfy unpaid taxes and
assessments against the property held by the Kenai Peninsula Borough, with
accrued interest but without penalty. If the amount required to satisfy the
unpaid taxes and assessments exceeds the assessed value of the property, the
City shall pay the Borough the assessed value. (Ord. 90-28 §16,
1990.)
18.06.050 Exemption from
competitive bidding. Because of the unique nature of real
property, the City need not acquire real property by competitive bidding. (Ord. 90-11 §3, 1990.)
18.06.060 Multi-year
contracts. The City may acquire real property over a term extending
beyond the current fiscal year:
a. For capital improvements: by a contract
involving debt if authorized by the City Council and ratified by a majority of
those qualified to vote and voting on the question at a City election; or
b. For any public purpose: by
a contract not involving debt and not requiring funds from future
appropriations, which shall mean a contract:
1. Under which the City's performance during
succeeding fiscal years shall be subject to the availability of funds lawfully
appropriated therefore; and
2. As to which the seller's only security for
payment of the acquisition price is the real property being acquired, without
recourse against the City or any other City assets. (Ord.
90-11 §3, 1990.)
18.06.070 Lease--purchase
agreements. The City may acquire real property by a
lease-purchase agreement under 18.06.060, which shall mean an agreement:
a. Under which the City pays rent for the use
of the real property; and
b. Which grants the City an option to
purchase the real property; and
c. Which allows the City to apply all or part
of the rent payments to the purchase price of the real property.
(Ord. 90-11 §3, 1990.)
18.06.075 Real property acquisitions--Trade or
exchange.
a. Real property needed for a public purpose
may be acquired by the City from any person through trade or exchange of other
City real property no longer needed for a public purpose. The value of all
property to be traded or exchanged shall be determined pursuant to 18.12.020.
Any difference between the values of the properties to be traded or exchanged
may be made up by the payment of additional consideration.
b. The terms of any such transaction shall be
fixed by resolution of the City Council. Prior to closing the transaction, the
City Council shall make findings by resolution that the property to be acquired
is needed for a public purpose and the property to be conveyed in the trade or
exchange is no longer required for public purposes, except no property acquired
by the City through a foreclosure proceeding shall be traded or exchanged
unless an ordinance retaining the property for public purposes or classifying
it for resale shall previously have been adopted pursuant to 18.06.042.
c. The provisions of 18.06.020 through
18.06.040 and 18.06.050 shall apply to the property acquired by the City
through trade or exchange, to the extent those
provisions are not inconsistent with this section. (Ord.
97-9, 1997.)