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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)
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