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Whenever the Mayor determines that property so held is not then used for such purposes he is authorized to permit the use of such land and parcels thereof for surface parking areas and other uses if such areas can be applied to such uses without impairment of public interests. Such permits may be granted to the occupants, tenants or owners of private property abutting thereto provided:
(A) Such permittees agree to indemnify and hold the city, its Councillors, officers, agents and employees harmless from liability arising out of the permittee's use of the property;
(B) They agree to restore the property to its original condition on demand or at the city's option to relinquish to the city, any surfacing or other improvements made thereon;
(C) They agree that there shall be no discrimination in the use of such land by any person on account of his race, color, creed, or national origin. Such permits shall be temporary in nature and shall contain provisions for termination without cause in not more than 90 days upon notice by the Mayor and may contain other provisions which the Mayor in his discretion may require relative to the lighting, surfacing, drainage and other factors which affect public safety and the use of the lands involved;
(D) They pay to the city a fee determined by the Mayor to defer the administrative costs in considering and giving the permit and agree to pay reasonable rental charges from time to time.
('74 Code, § 5-1-2) (Ord. 13-1966)
(A) Courtesy benches. The Mayor may permit the installation of courtesy benches at convenient locations along city streets or ways on city property where the installation will not inconvenience the movement of vehicular or foot traffic. In granting the permit for such purposes the Mayor may impose reasonable requirements for the construction, installation, maintenance, use and removal of such benches including the following:
(1) That the benches be built according to standards of safety and according to plans first submitted to and approved by the Department of Public Works and the Transit Department.
(2) That the permittee undertake to maintain the benches so installed for a reasonable period of time to be specified in the permit.
(3) That the permittee be required to provide indemnification to the city, its officers, agents and employees or insurance in which the city is named insured to protect the city and its Councillors, officers, agents and employees against liability arising out of the construction, maintenance and use of such courtesy benches.
(4) Permits may allow the use of the benches and related shelter structures, if any, for restrained public advertising limited solely to informing the public that it is a city bus stop.
(5) Ownership of the installations on terms specified in the permit shall be provided.
('74 Code, § 5-1-3) (Ord. 13-1966; Am. Ord. 39-1991)
(B) Transit benches and transit shelters. The Mayor may provide for or contract for the installation of transit benches and transit shelters along city streets or city right-of-way. The Mayor may also provide for or contract for advertising services on transit shelters. Any contract for advertising services on transit shelters shall be for a maximum term of five years with an option to renew the contract for a second term of five years upon the determination of the city that the services were satisfactory and upon a determination of the City Council that the policy of allowing advertising on transit shelters should be continued. No non-public advertising will be allowed on transit benches. Any contract for installation of transit benches and transit shelters shall require that they be built according to standards of safety and that the plans be submitted to and approved by the City Transit Department and the City Design Review Committee of the Public Works Department. The Mayor shall require that any contract provide that effective either upon the installation of the improvement or upon the expiration of the contract the city shall be the owner of the improvement and shall be entitled to receive a bill of sale to the improvement.
(C) Other uses. The Mayor may authorize the temporary incidental use of city lands for the foregoing and for other purposes where he finds the proposed use will not conflict with the principal purposes for which the lands were acquired and will be useful to a substantial segment of the general public. All such permits shall be temporary in nature, contain provisions for prohibiting discrimination in the use of such facilities based upon race, color, creed, or national origin, shall include reasonable charges imposed by the Mayor for the purpose of protecting the public health and safety by assuring the condition of the premises, and shall contain provisions for the termination of the same on notice by the Mayor within a reasonable time. Charges for the permits shall be determined by the Mayor on the basis of administrative costs involved and reasonable value to the permittee and he shall report at regular intervals to the City Council by appropriate summary the licenses or permits issued during the preceding interval indicating the name of the person to whom issued and the nature of the permit, and the consideration received. ('74 Code, § 5-1-4) (Ord. 13-1966; Am. Ord. 41-2001)
This article does not dispense with provisions of the Integrated Development Ordinance, building regulations, setback requirements, future street lines or any other requirement having general application to the property affected, and no permit may be issued which is contrary thereto.
('74 Code, § 5-1-5) (Ord. 13-1966; Am. Ord. 2017-025)
Section
5-2-1 Disposal of real property not essential for a municipal purpose
5-2-2 Determination that real property is not essential for a municipal purpose
5-2-3 Real property not essential for a municipal purpose to be properly zoned prior to sale
5-2-4 Leasing of real property owned by the city
5-2-5 Acquisition of real property
5-2-6 Leasing of real property by the city
5-2-7 Home and business property protection
Prior to the sale, exchange, or donation of real property belonging to the city, such real property shall be determined to be not essential for a municipal purpose as provided herein. After such a determination has been made, the real property may be disposed of by the Mayor in the following manner:
(A) Prior to disposal of real property, the Mayor shall cause an appraisal to be made by the Property Management Division or a qualified private appraiser. No real property shall be sold or exchanged for less than 90% of its appraised value.
(B) Real property having a value of not more than $500 may be sold for cash at a public or private exchange without notice.
(C) Real property having a value of more than $500 may be:
(1) Sold at a public or private sale to the highest bidder meeting the published terms and conditions of the sale after publishing a notice of such sale in a local newspaper of general circulation once each week for two consecutive weeks prior to the sale.
(2) Exchange at a public or private exchange after publishing a notice of such exchange in a local newspaper of general circulation once each week for two consecutive weeks prior to the exchange.
(D) Real property of any value may be sold to, exchanged with or donated to the state, any of its political subdivisions or to the Federal government after a determination by the Mayor or Council as provided herein that such sale, exchange or donation is in the best interests of the city.
(E) Real property acquired by the city through lien or mortgage foreclosure may not in the discretion of the Mayor or his designated representative be subject to this article in the event the sale of the property is to the foreclosure owner of same, and it is or was the owner's residence, and provided further than any such sale shall be for not less than the principal and interest due.
(F) Contracts for disposal of city real property pursuant to divisions (C) and (D) of this section shall be submitted to the Council by the Mayor at the first regularly scheduled Council meeting after their execution when the value of the real property is more than $50,000. Procedure shall be as follows:
(1) All contracts which are submitted to the Council in accordance with the requirements of this section shall be supported by the current appraisal relied upon to determine the value of the city property, the Council's determination that the property is not essential for a municipal purpose, and a description of the disposal process and the other offers received.
(2) The Council may approve, take no action or disapprove the contract.
(3) If the Council disapproves by majority vote of the members present and voting, the contract shall be void.
(4) The Mayor may withdraw the contract at any time from the Council or may present revisions thereof. In the event of withdrawal, the contract shall be a nullity. In the event of revision, the provisions of this section shall apply to the same extent as if a new contract were being submitted.
('74 Code, §5-3-1) (Ord. 3-1975; Am. Ord. 36-1976; Am. Ord. 59-1979; Am. Ord. 23-1983; Am. Ord. 22-2007)
(A) Administrative Real Property Review Board. Prior to making the determination that a piece of real property is not essential for a municipal purpose, the Administrative Real Property Review Board shall analyze said property and make a recommendation regarding whether the property is essential for a municipal purpose to the person who shall make the determination, as provided for in this article. The Administrative Real Property Review Board shall be composed of the Director of the Department of Finance and Management or his designated representative, the Property Manager, the City Attorney or his designated representative, the Director of the Planning Department or his designated representative and, if appropriate, a representative of the department by which the property in question was to have been used. The Review Board shall consider the adopted Albuquerque/Bernalillo County Comprehensive Plan and related master plans and expected city development patterns as a basis for their recommendation. The Review Board shall transmit a written analysis with their recommendation.
(B) For real property owned by the city having a value of not more than $10,000, the determination that the real property is not essential for a municipal purpose shall be made by the Mayor.
(C) For real property owned by the city having a value of more than $10,000, the determination that the real property is not essential for a municipal purpose shall be made by the Council.
('74 Code, § 5-3-2) (Ord. 3-1975; Am. Ord. 36-1976)
After real property belonging to the city has been determined not essential for a municipal purpose and prior to its appraisal and disposal, the Planning Department shall review its zoning to determine that the zoning is appropriate in terms of the city's master plan, in particular the master plan documents which comprise the Albuquerque/Bernalillo County Comprehensive Plan, and the potential use of the property. If the Planning Department determines that the zoning is appropriate, it shall so notify the Mayor. If the Planning Department determines that the zoning is not appropriate, it shall initiate a zone change to an appropriate zone, and it shall notify the Mayor of the final action taken on this request. No real property shall be appraised or disposed of until the Planning Department has notified the Mayor that it is appropriately zoned or until the Planning Department has notified the Mayor of final action on its request for a zone change.
('74 Code, § 5-3-3) (Ord. 36-1976)
(A) Leases or other conveyances for a specified term of an interest in real property owned by the city or amendments to such leases or other conveyances shall be submitted to the Council by the Mayor after negotiation or prior to bidding when:
(1) The term of the lease or other conveyance is proposed to be in excess of two years. For the purposes of this division,
TERM OF CONVEYANCE shall include not only the initial term but also any option to renew where the option is at the sole discretion of the lessee; or
(2) The term of the lease or other conveyance is proposed to be in excess of one month and the income or other consideration to be received by the city is proposed to be in excess of $500 per month. For purposes of this section, an easement granted to a utility operating under a franchise granted by the city shall not be considered as a lease or other conveyance.
(B) All proposals which are submitted to the Council in accordance with the requirements of this section shall be supported by a message setting out the circumstances, benefits, responsibilities and advantages relative thereto.
(C) The Council may approve, take no action or disapprove the proposal.
(D) If the Council disapproved by majority vote of the members present and voting, the proposal may not be entered into.
(E) The Mayor may withdraw the proposal at any time from the Council and may present revisions thereof. In the event of withdrawal, the proposed lease or other such conveyance shall be a nullity. In the event of revision, the provisions of this section shall apply to the same extent as if a new proposal were being submitted.
('74 Code, § 5-3-4) (Ord. 71-1976; Am. Ord. 9-1987; Am. Ord. 58-1990; Am. Ord. 22-2007)
(A) The Mayor is authorized to enter into contracts for the acquisition of any interest in real property, subject to the approval of the Council as outlined herein. Except in emergencies, the Mayor shall enter into such contracts only when the Council has authorized purchase of the specific parcel or a parcel of its type and location category; such Council authorization is evidenced by the fact that:
(1) Sufficient money, designated for acquisition of the property, has been previously appropriated by the Council; or
(2) Acquisition of such property is specified in the current two-year Capital Improvements Budget; or
(3) The city-owned property to be utilized as consideration in an exchange has previously been declared nonessential for municipal purposes, pursuant to §§ 5-2-1 and 5-2-2, and the Council resolution declaring the property nonessential authorized the city property to be used as consideration to acquire the specific parcel or a parcel of its type and location category.
(B) The contracts, including those accomplishing trades, shall be submitted to the Council by the Mayor at the first regularly scheduled Council meeting after their execution when:
(1) The value of the real property is more than $50,000; and
(2) Sufficient money to be used to acquire the real property has not been previously appropriated by the Council.
(C) All contracts which are submitted to the Council in accordance with the requirements of this section shall be supported by a message setting out the circumstances, benefits, responsibilities and advantages relative thereto.
(D) The Council may approve, take no action or disapprove the contract.
(E) If the Council disapproves by majority vote of the members present and voting, the contract shall be void.
(F) The Mayor may withdraw the contract at any time from the Council or may present revisions thereof. In the event of withdrawal, the contract shall be a nullity. In the event of revision, the provisions of this section shall apply to the same extent as if a new contract were being submitted.
(G) Open Space Acquisitions. The Mayor may from time to time, or shall upon request of the Council, issue solicitations seeking competitive offers to sell the properties on the Council-approved city open space priority acquisition list.
('74 Code, § 5-3-5) (Ord. 32-1980; Am. Ord. 9-1983; Am. Ord. 22-2007; Am. Ord. 2016-008)
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