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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. i i DAB/tbm [Rea1Ppty.Rpt1 S 1 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." 22 23 24 25 26 27 28 DABabm [Reawpty.Ord] 1 November 29, 1995 0 1 AN ORDINANCE . . . ADDING CHAPTER 2.65 . . . RELATING TO THE SALE OF REAL PROPERTY 2 3 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. 18 19 Tom Minor, Mayor 20 City of San Bernardino Approved as to form 21 and legal content: 22 JAMES F. PENMAN, City Attorney 23 24 By: 25 26 27 28 DAB:tbm [RealPpty.Ordl 2 November 29. 1995