Chapter 2.95
REAL PROPERTY ACQUISITION, SALE, AND LEASING
Sections:
2.95.010 Real property – Authority to acquire.
2.95.020 Real property – Leasing authority.
2.95.030 Real property– Transfer of interest.
2.95.010 Real property – Authority to acquire.
A. The mayor or his or her designee is authorized in the following instances to accept by gift or acquire dedications, easements, rights-of-way, fee estates or other interest in real property for use by or on behalf of the city or department of the city:
1. Approved Projects. Any such acquisition which is part of an approved and funded project included in the city’s capital improvement plan or a local improvement district ordered by the council; provided, that the cost of the property is less than $50,000 and does not exceed by more than 10 percent the fair market value of the property as determined by the city’s appraiser or review appraiser;
2. Minor Acquisitions. Any such acquisition where the purchase price is less than $15,000.
B. All other real property acquisitions not authorized in advance will be submitted to the city council for approval.
C. Any real property acquisition sought by the city through its powers of eminent domain as delegated by the state in Chapter 8.12 RCW shall comply with the requirements of the state-directed policies in Chapter 8.26 RCW. (Ord. 3230 § 2, 2004).
2.95.020 Real property – Leasing authority.
A. The mayor or his or her designee is authorized to execute leases of real property on behalf of the city where the term of the lease does not exceed one year and the consideration does not exceed $15,000 per year.
B. A lease that exceeds the limits stated in subsection A of this section, or one where city property is leased for less than fair market rent, will be submitted to the city council for approval. (Ord. 3230 § 3, 2004).
2.95.030 Real property– Transfer of interest.
A. Any conveyance of an interest in city real property except for those mentioned pursuant to MVMC 2.95.020 will be submitted to the city council for approval.
B. All conveyances of real property must be in the best interests of the city, relating to a public purpose.
C. No conveyance may be approved if deemed a gift or loan of credit to a private entity, except in aid of the poor and infirm.
D. All conveyances of real property shall be only of an interest of that real property which is surplus to the needs of the city.
E. All dispositions of real property to another governmental unit shall comply with RCW 39.33.020.
F. All dispositions of utility property shall comply with RCW 35.94.040.
G. City council may take reasonable steps to determine the fair market value of the property up to and including formal appraisal if necessary.
H. City council may require, prior to a sale of a simple fee interest in city real property, procedures to ensure that offers are within the best interest and maximize value up to and including advertising and accepting bids on the property. (Ord. 3230 § 4, 2004).
2.95.040 Severability.
If any section, subsection, sentence, clause, chapter, provision, or phrase of this chapter or its application to any person or circumstance is found to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the chapter or the application or the provisions to other persons or circumstances. (Ord. 3230 § 4, 2004).