Chapter 18.74
SALE, DISPOSITION OR LEASE OF SURPLUS REAL PROPERTY FOR AFFORDABLE HOUSING
Sections:
18.74.030 Surplus real property resolution.
18.74.040 Disposition procedure.
18.74.050 Limitation of section.
18.74.010 Policy regarding disposition of city surplus real property for affordable housing pursuant to RCW 39.33.015.
It is the policy of the city that surplus real property may be disposed of for affordable housing purposes as authorized under RCW 39.33.015 when the city council finds that affordable housing is needed within the city and the disposition of the property for affordable housing is in the best interest of the city and its residents. Further, although it is acknowledged that all forms of affordable housing are important, the city’s priority is to provide affordable multifamily units when possible. (Ord. 1282 § 1, 2023)
18.74.020 Definitions.
The definitions in RCW 39.33.015 as now existing and as amended are hereby adopted. (Ord. 1282 § 1, 2023)
18.74.030 Surplus real property resolution.
A. To surplus real property for the purposes of this chapter, the city council shall adopt a resolution which states that the property is not required for the needs of or the discharge of the responsibilities of the city and that the property shall be disposed of for a public benefit purpose pursuant to RCW 39.33.015.
B. The resolution shall contain the following information:
1. A description of the size of the property, general location, legal description and King County assessor’s tax parcel number;
2. A description of the circumstances under which the property was obtained;
3. A statement identifying the fund account to which proceeds from its sale, if any, should be credited;
4. A summary of the history of municipal use, if any, or uses for which it might be held;
5. King County assessor’s value of the property;
6. A description of how the property should be transferred, leased or otherwise disposed;
7. A summary of the easements, covenants or deed restrictions that will be imposed on the property as part of the disposition; and
8. A determination and statement of the minimum sale or lease price, or if the sale or lease is for no cost.
C. No appraisal or valuation information is necessary.
D. In the event that after surplus the city council determines that the property will not be disposed of pursuant to RCW 39.33.015, the surplus resolution shall be rescinded and the property may be disposed of through the city’s general surplus procedures. (Ord. 1282 § 1, 2023)
18.74.040 Disposition procedure.
A. Disposition of surplus real property for the public benefit purpose of providing affordable housing may be at no cost, a long-term lease, or an amount determined appropriate by the city council, even if that amount is less than the appraised, assessed or fair market value of the property.
B. Disposition of surplus real property may be by direct negotiation with a nonprofit, 501(c)(3) organization or similar entity that provides affordable housing for city residents.
C. In the alternative, if the city council deems it appropriate, disposition of surplus real property may be accomplished through a request for proposal procedure, sealed bid, or auction.
D. In all cases, the deed, lease or other instrument transferring or conveying the property shall include a covenant or other requirement that the property shall be used for the public benefit purpose identified by the city council and remedies that apply in the event the recipient of the property fails to use the property for the designated public benefit purpose or ceases to use the property for such purpose.
E. Recipients of surplus real property shall pay all costs of the transfer, including, but not limited to, appraisal costs, title fees, excise tax and recording fees. (Ord. 1282 § 1, 2023)
18.74.050 Limitation of section.
This chapter is not applicable to surplus, sale, transfer, disposition or lease of city real property for purposes other than affordable housing pursuant to RCW 39.33.015. (Ord. 1282 § 1, 2023)