Full Text
PROCEDURES FOR THE ACQUISITION/PURCHASE, SALE, TRANSFER OR LIQUIDATION OF LAND OR OTHER REAL PROPERTY 1 Adopted 12/11/2001 The following procedures shall generally govern the sale, transfer or liquidation of municipal land or real property and the acquisition/purchase of land or other real property. Special, limited purpose acquisition procedures such as exercising tax liens, acquiring utility easements, or accepting streets are not affected. OBJECTIVES 1. To insure that the acquisition/purchase, sale, transfer or liquidation of any land or other real property (herein referred to only as “property”) reflects the strategic development and planning goals endorsed by the City Council. 2. To provide a streamlined process of input and review by the City Council, City Administrator’s Office, and city staff to allow for timely decisions at all levels of city government. 3. To better outline the methods by which property is identified for acquisition, sale, transfer, or liquidation. 4. To provide a mechanism to insure that the City Council is provided with regular reports on the status of various targeted properties for acquisition, city owned empty parcels & occupied buildings, and other tax-acquired properties so that the Council standing committees may be kept current on properties which may serve the policy interests of the city. ACQUISITION/PURCHASE, SALE, TRANSFER OR LIQUIDATION OF PROPERTY 1. All requests for the acquisition/purchase, liquidation, sale or transfer of property must be in writing and forwarded to the City Administrator who will assess the request and make a determination to forward the request based on one of several criteria: 1) Forward directly to the Planning Board (through the City Planner’s Office) with the City Administrator’s comments if Planning Board review is required but a full staff review is not necessary; 2) forward directly to the City Council if Planning Board nor further staff review is required; or 3) forward the request to the Development Director (or his/her designee) if further staff review is required. 2. In all cases where the Development Director is required to review a request, the Development Director (or his/her designee) will coordinate the staff review process and recommend the release, acquisition or retention of the property to the Planning Board and to the City Administrator. 3. In cases where Planning Board review is required, and if there is a Planning Board recommendation on file, the City Administrator determines if he/she desires an updated review and recommendation. If the property has received no prior Planning Board review or requires an updated review by the Development Department, then the procedures outlined in item 4 below are followed. If a current Planning Board review for the property is on file, the City Administrator will direct the Development Department to review the current property information with all appropriate departments for any updated commentary. The Development Department shall, upon completion of the Development Department’s full review, obtain final comments from the City Administrator. The City Administrator will forward the recommendations from his/her office and the Planning Board to the ---PAGE BREAK--- PROCEDURES FOR THE ACQUISITION/PURCHASE, SALE, TRANSFER OR LIQUIDATION OF LAND OR OTHER REAL PROPERTY 2 Adopted 12/11/2001 appropriate standing committee no less than seven days prior to any Council action unless waived by the City Administrator. The standing committee may then request additional information or further clarification from the City Administrator prior to any final City Council action. 4. If Planning Board review is required, and there has never been a Planning Board recommendation on the property, the Development Director (or his/her designee) will coordinate comments from all appropriate departments and submit their recommendations to the Planning Board which shall: a. Review the Development Department’s report which shall include responses from the appropriate departments with information relative to the zoning, condition, description, strategic impact (e.g. geographic placement as it pertains to housing, transportation, department needs, stated Council policy, etc.), and a fair market value of the property established by the Assessor. b. Planning Board recommendation is returned to the City Administrator who shall review the materials and forward with a recommendation to the City Council and the appropriate standing committee. 5. Upon the approved acquisition/purchase, sale, transfer or liquidation of the property, the City Council shall authorize the Purchasing Agent to dispose of the property in accordance with standards outlined in the Purchasing Policy. 6. The Purchasing Agent will recommend acceptance or rejection of the bids to the Finance Committee. 7. Assessors Office receives all recommendations on advised retention or sale of land in order to include suitable documentation on Assessors files. POLICY GUIDELINES FOR DISPOSITION OF TAX-ACQUIRED PROPERTIES OBJECTIVES 1. Allow tax acquired properties to go back on the tax rolls sooner. 2. Establish a clear policy for the public and staff regarding the disposition of tax acquired property relative to the strategic development and planning goals set by the City Council. 3. Dispose of properties in a manner which is consistent with applicable policy standards associated with the elimination of neighborhood blight; the development of sustainable neighborhoods; the support of sound economic development strategies; and the enhancement of public safety. 4. To provide a mechanism to insure that the City Council is provided with regular reports on the status of various city owned empty parcels, occupied buildings, and tax-acquired properties so that the Council standing committees may be kept current on properties which may serve the policy interest of the city. CONDITION FOR THE SALE AND REUSE OF TAX-ACQUIRED PROPERTIES 1. All tax-acquired properties will be eligible for sale, liquidation, or transfer following ---PAGE BREAK--- PROCEDURES FOR THE ACQUISITION/PURCHASE, SALE, TRANSFER OR LIQUIDATION OF LAND OR OTHER REAL PROPERTY 3 Adopted 12/11/2001 foreclosure by the City with the following exceptions: a. In cases where the City negotiates a payment plan for back taxes with the owner and these payments are being met accordingly. All negotiations are subject to approval by the Finance Director or his/her designee. b. In cases where the City Council wishes to retain ownership for municipal purposes, e.g. open space, public improvements, parks and recreation, public safety, and education. 2. The City Council and/or its standing committees, with input from the City Administrator, may recommend criteria or develop policy on the disposition of individual properties, or groups of properties that meet City objectives. Specifically, these Council or committee actions may, as an example, be in the form of type and density of development, design standards, properties identified with potential commercial/industrial uses, and/or job creation criteria that may be required as a condition of the recommended action. DISPOSITION PROCESS 1. Vacant lots that do not meet minimum space & bulk standards for construction may be offered to abutting property owners at the direction of the City Administrator following the formal City Council & Planning Board review processes outlined in this policy. 2. The City will provide Tax Title only through a municipal quit claim deed to abutting purchases unless otherwise directed by the City Administrator. 3. A field survey will be conducted by the Development and Assessing Departments to determine the general condition of the building, and/or land and its potential use(s) prior to any formal foreclosure by the city. 4. Treasurer coordinates completion of Title Search to determine status of title and degree of difficulty to clear, using quiet title process or negotiate with owner to release his/her interest in cases where a quiet title process must be undertaken. 5. The City Administrator will forward to the City Council a list of tax-acquired and city owned properties designated and not designated for re-acquisition by owner, liquidation, sale or other means of disposal with recommendations as to the method to be utilized in the disposition of the properties if applicable. 6. Once the City Council has issued its decision to liquidate, sell, or donate a property, the Finance Department will market a specific property or group of properties, using one of several methods determined to be most appropriate as defined in the city Purchasing Policy. 7. Purchasing Agent evaluates proposals received for specific properties and recommendation to award to the Finance Committee. 8. Any sale or transfer of property shall occur within a time period deemed reasonable by the Finance Director or his/her designees. All deposits associated with the purchase or transfer of any city property shall be forfeited and retained by the city after the purchaser has been given a seven day written notice of impending forfeiture. The forfeiture may be waived by the City Administrator. METHODS OF MARKETING Depending on the type of property and its value, the City Administrator will authorize the use of one of the variety of methods to market tax acquired properties to the general public. In some cases, more than one method may be used. Regardless of the method used the City ---PAGE BREAK--- PROCEDURES FOR THE ACQUISITION/PURCHASE, SALE, TRANSFER OR LIQUIDATION OF LAND OR OTHER REAL PROPERTY 4 Adopted 12/11/2001 reserves the right to accept or reject any proposals it receives. Public Auction: Public Auction with or without reserve may be held on an individual property or group basis as determined by the Finance Department. The Finance Department will maintain a listing of the tax acquired properties available for sale. The list will be available to the public upon request. Public Auction maybe held on an individual or group basis as determined be the Finance Department. Time of auction to be determined by the Finance Department. Real Estate Broker Contract: For specific properties or group of properties the City Administrator may choose to contract with a real estate broker to find a buyer. The City's contract with a broker will contain the city's terms and conditions of sale. The City will negotiate the amount of the commission with the broker based on market sale and the assessed values of the properties involved. Broker commission will be paid from the proceeds received upon sale. Public Offering: The City Administrator may recommend sealed proposals with an advertised public offering with or without reserve on a property of group of properties. Request for Proposal: The City Administrator may recommend proposals using a Request for Proposal (RFP) process.