HomeMy WebLinkAboutS6- City Attorney CITY OF SAN BERN_ .DINO - REQUEST FO1.o4r-"OUNCIL ACTION
From: James F. Penman, City Attorney Subject: Ordinance Adding Chapter 2 . 65
Relating to the Sale of Real
Dept: City Attorney Property.
Date: November 29, 1995
Synopsis of Previous Council Action:
None.
Recommended Motion:
Waive further reading and lay over for final adoption.
Signature
Dennis A. Bar ow 5255
Contact Person: Phone:
Supporting Data Attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 6
STAFF REPORT
On November 7, 1995, the voters of the City of San Bernardino approved a Charter
Amendment which authorized the Mayor and Common Council to establish a procedure for the
sale of real property owned by the City, but required that such sales shall be for not less than fair
market value (see new Charter § 40 (a)).
When the City desires to sell real property, the attached proposed ordinance will establish
a procedure that requires that property with an estimated value of$25,000 or greater must have
a formal appraisal to establish the fair market value and then must be sold by competitive bid to
the highest and best bidder. Property with a value of less than $25,000 must still be sold for fair
market value, but such sale may be accomplished by a negotiated purchase. Property which is
being sold to another public agency, still must be sold for fair market value but does not require
competitive bids. Finally, the ordinance gives the City the ability to accept payments if that would
be beneficial_
It is recommended that the Mayor and Council waive further reading of the Ordinance and
lay it over for final adoption.
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DAB/tbm [Rea1Ppty.Rpt1
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2 ORDINANCE NO.
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 2.65 TO THE SAN BERNARDINO
4 MUNICIPAL CODE RELATING TO THE SALE OF REAL
PROPERTY
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7
8 SECTION 1. Chapter 2.65 is hereby added to the San Bernardino Municipal Code to
read as follows:
9
"2.65.010. Authority. Pursuant to the provisions of Charter Section 40 (a), real
10 property owned by the City shall be sold as provided in this Chapter.
11 2.65.020. Competitive Bid. Real property with a fair market value of $25,000 or
greater shall be sold by competitive bid to the highest and best bidder, but the sales price shall
12 not be less than the fair market value.
13 2.65.030. Negotiated Purchase. Real property with a fair market value of less than
$25,000 may be sold by negotiated purchase, but the sales price shall not be less than the fair
14 market value.
15 2.65.040. Fair Market Value. For the purposes of this Chapter, fair market value shall
be
established by resolution of the Mayor and Common Council based on good and sufficient
16 evidence in the record. For the purposes of property with a fair market value of $25,000 or
more, "good and sufficient evidence" shall mean and include a formal appraisal performed by
17 a licensed appraiser who is not a City employee.
18 2.65.050. Sales to Public Agencies. Notwithstanding anything in this Chapter to the
contrary, real property owned by the City may be sold to another public agency without the need
19 for competitive bid, but the sales price shall not be less than the fair market value.
20 2.65.060. Terms. A sales price may be a cash purchase or the City may accept a note
21 and deed of trust at the fair market interest rate."
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DABabm [Reawpty.Ord] 1
November 29, 1995
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1 AN ORDINANCE . . . ADDING CHAPTER 2.65 . . . RELATING TO THE SALE OF
REAL PROPERTY
2
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4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof, held on the 6 —
day of , 1995, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE
8
CURLIN
9
HERNANDEZ
10
OBERHELMAN
11
DEVLIN
12
POPE-LUDLAM
13
MILLER
14
15
16 City Clerk
17 The foregoing Ordinance is hereby approved this —day of , 1995.
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19 Tom Minor, Mayor
20
City of San Bernardino
Approved as to form
21 and legal content:
22 JAMES F. PENMAN,
City Attorney
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24 By:
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DAB:tbm [RealPpty.Ordl 2 November 29. 1995