Chapter 16.05
REAL PROPERTY ACQUISITION
Sections:
16.05.010 Acquisition and ownership.
16.05.020 Real property defined.
16.05.030 Procedural requirements.
16.05.050 Rights and powers of the City.
16.05.070 Sites for beneficial new industries.
16.05.080 Federal and State aid.
16.05.090 Real property as security.
16.05.010 Acquisition and ownership.
The City may acquire, own, and hold real property inside or outside the City boundaries by purchase, gift, devise, grant, dedication, exchange, redemption, purchase of equity of redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation, or by any other lawful means or conveyances. [Ord. 01-77 Ch. 44 § 1].
16.05.020 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 a building. [Ord. 01-77 Ch. 44 § 2].
16.05.030 Procedural requirements.
(a) The City may acquire, own, and hold real property by warranty or quitclaim deed, easement, grant, permit, license, dead of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or any other lawful means of conveyance or grant. Real property shall be held in the name of “City of Saxman, Alaska.”
(b) Any instrument requiring execution by the City shall be signed by the Mayor and attested by the Clerk. The form of any conveyance shall be approved by the City Attorney.
(c) Upon a 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.
(d) 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.
(e) Prior to approval, the Mayor is to furnish the Council with an abstract of title, an appraisal of the real property, and a review of any problems in acquisition, but the failure to furnish the Council any such materials shall not affect the validity of any acquisition or purchase or real property by the City.
(f) Unless otherwise provided by the Council, the City shall purchase marketable title in 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. [Ord. 01-77 Ch. 44 § 3].
16.05.040 Ownership.
(a) The City may acquire and hold real property as sole owner or as tenant in common or other lawful tenancy, with any 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. [Ord. 01-77 Ch. 44 § 4].
16.05.050 Rights and powers of the City.
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. [Ord. 01-77 Ch. 44 § 5].
16.05.060 Dedication by plat.
The City may not acquire any real property by means of a dedication by plat unless the dedication of the real property is accepted in writing and signed by the Mayor and approved by Council motion. [Ord. 01-77 Ch. 44 § 6].
16.05.070 Sites for beneficial new industries.
The City may acquire, own, and hold real property, either inside or outside the City boundaries, as sites available for new industries which will benefit the City. [Ord. 01-77 Ch. 44 § 7].
16.05.080 Federal and State aid.
The City may apply for, contract with, and do all things necessary to cooperate with, the United States government and the State for the acquisition, holding, improvement, or development of real property inside and outside the City boundaries. [Ord. 01-77 Ch. 44 § 8].
16.05.090 Real property as security.
(a) 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.
(b) The Council may pledge, mortgage, or otherwise secure City real property or dispose of real property in satisfaction of obligations secured by the land in exchange for value received.
(c) Disposal of real property in this manner, without public sale, is permitted notwithstanding Chapter 16.15 SMC. [Ord. 04-08-022 § 1; Ord. 01-77 Ch. 44 § 9].