Chapter 5.28
REAL PROPERTY ACQUISITION
Sections:
5.28.010 Acquisition and ownership—Authority.
5.28.020 Real property defined.
5.28.030 Acquisition form.
5.28.040 Ownership form.
5.28.050 Acquisition and ownership rights and powers.
5.28.060 Acquisition dedication by plat.
5.28.070 Industrial sites.
5.28.080 Federal and state aid.
5.28.090 Real property as security.
5.28.010 Acquisition and ownership—Authority.
The city may acquire, own and hold real property within or outside the city boundaries by purchase, gift, devise, grant, dedication, exchange, redemption, purchase or equity or redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation, or by any other lawful means or conveyances. (Prior code § 7.04.010)
5.28.020 Real property defined.
As used in this chapter, “real property” includes any estate in land, easement, right-of- way, lease, permit, license, franchise, future interest, building, fixture, or any other right, title or interest in land or building. (Prior code § 7.04.020)
5.28.030 Acquisition form.
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 of Wasilla.” Any instrument requiring execution by the city shall be signed by the mayor and attested by the city clerk. The form of any conveyance shall be approved by the city attorney.
B. Upon specific resolution of the council, the mayor may act on its behalf in the acquisition of real property or interest in real property when that property to be acquired is for a valuable consideration or as part of a program of grants under which the city may receive only a limited amount of acreage. The resolution shall set forth the terms, conditions and manner of acquisition.
C. No council approval is necessary to acquire any easement, right-of-way, permit, license, or other interest in real property if necessary for a utility or public improvement where the utility or public improvement has been authorized and approved by the council.
D. Prior to approval, the mayor is to furnish the council with an abstract of title, the value assessed by the borough tax assessor or other 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.
E. Unless otherwise provided by council, the city shall purchase marketable title in the real property. Unless otherwise provided by ordinance or resolution, or upon council approval of a purchase, the mayor 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. (Prior code § 7.04.030)
5.28.040 Ownership form.
A. The city may acquire and hold real property as sole owner or as tenant in common or other lawful tenancy, with any other person or governmental body for any public purpose. The city may hold real property in trust for any public purpose.
B. The council may approve and authorize the purchase of real property by contract of sale, deed of trust, or mortgage. (Prior code § 7.04.040)
5.28.050 Acquisition and ownership rights and powers.
The city shall have and may exercise all rights and powers in the acquisition, ownership and holding of real property as if the city were a private person. (Prior code § 7.04.050)
5.28.060 Acquisition dedication by plat.
The city accepts ownership of all rights-of-way easements and other real property dedicated to the public. (Prior code § 7.04.060)
5.28.070 Industrial sites.
The city may acquire, own and hold real property, either inside or outside the city boundaries, for sites available for new industries which will benefit the city. (Prior code § 7.04.070)
5.28.080 Federal and state aid.
The city may apply for, contract, and do all things necessary to cooperate with the United States Government and the state of Alaska for the acquisition, holding, improvement or development of real property within and outside the city boundaries. (Prior code § 7.04.080)
5.28.090 Real property as security.
The council may pledge, mortgage, or otherwise secure city real property for the payment of city bonded or other indebtedness when required, as authorized by law. (Prior code § 7.04.090)