Chapter 16.32
ACCEPTING GRANTS OF REAL PROPERTY

Sections:

16.32.010    Public hearing required.

16.32.020    Adherence to city policy required.

16.32.030    Exemptions.

16.32.040    Procedure.

16.32.010 Public hearing required.

It is the policy of the city of Pomeroy to hold a public hearing on each proposal for acceptance of a grant of real property by a landowner. At that time, the council shall determine whether acceptance of the proposed grant of real property serves the public interest. (Ord. 817 §6 (part), 2005).

16.32.020 Adherence to city policy required.

No other action of a city employee or agent shall constitute acceptance of real property by the city, except following this chapter and by written resolution by the council. Any action by a landowner to convey real property to the city for right-of-way purposes which does not conform to this policy shall not be deemed an acceptance of such property interest by the city. (Ord. 817 §6 (part), 2005).

16.32.030 Exemptions.

The requirement and policy of this chapter shall not apply to acceptance of dedication of street and utility right-of-way by the city through the land division procedures as set forth in Chapter 58.17 RCW and Chapter 16.10 PMC (Land Divisions). (Ord. 817 §6 (part), 2005).

16.32.040 Procedure.

A. The city shall require that the grantor submit a letter of intent to the city council. The letter should include a general description of the property to be granted and why it would be in the public’s interest for the city to accept the grant. The letter is to be accompanied by or include a legal description of the property.

B. The mayor shall transmit copies of the letter of intent and legal description to the director of public works who will review the letter and documents to determine the accuracy of the legal description, other street, park, or other use issues, and make a recommendation to the city council.

C. The city council may schedule and conduct a public hearing. The council may require, and may pay for, a title report and/or survey of the property.

D. The city council shall deliberate and determine if the grant of real property meets with the needs and uses of the city; and shall deny or by resolution, accept or conditionally accept the offered property. (Ord. 817 §6 (part), 2005).