(a) Acquisition of Property. As authorized by Council and subject to the control of the City Manager, the Director of Planning and Urban Renewal, with the appropriate advice and assistance of the counsel for the Division of Urban Renewal, shall cause the necessary steps to be taken to acquire the parcels of land in the project area in accordance with the urban renewal or redevelopment plan. The steps shall include, but not be limited to, the negotiation for such parcels, obtaining appraisals, title examinations and reports, executing contracts for any of such services and appropriate documents to transfer title to the City, provided that in the event appropriation of property is necessary, Council shall initiate and carry out the necessary proceedings with the appropriate assistance of the several officers, employees, boards and commissions of the City. Acquisition may take place at any time after compliance with Sections 113.06
and 113.07
.
(b) City Activities Preparing Property for Disposition. After any necessary appropriations of City moneys and authorization of expenditures by ordinances of Council, Council action, where appropriate, to rezone property, vacate or dedicate streets or other public places and provide for the establishment and preservation of open space areas, certification of funds by the City Auditor, where appropriate, and preparation of or approval of legal forms of contracts by the counsel for the Division of Urban Renewal, and subject to the control of the City Manager, the Director of Planning and Urban Renewal shall make the contracts, provide the labor, direct the City Purchasing Agent to purchase the supplies and materials for such City activities as may be necessary to carry out the urban renewal project. Activities shall include, but not be limited to, the demolition, rehabilitation or repair of structures whether voluntarily by the private owners thereof or by the City for demonstration purposes in limited numbers; the removal of pavement, sidewalks, lighting and trees; capping, removal and relocation of City-owned utility lines; grading, construction of site improvements and supporting facilities; and the temporary lease, rental or permission to let others use structures or parcels of land while owned by the City; relocation activities; and the enforcement of any applicable provisions of law or conforming agreements relative to building, zoning, platting and the repair or rehabilitation of land and structures remaining in private ownership.
(c) Disposition of Property. Council may authorize by ordinance the transfer, lease or conveyance of any real property in accordance with and for the purposes of the plan, subject to such lawful terms, conditions, restrictions and covenants, including covenants running with the land, to assist in carrying out the purposes of the plan. All dispositions of real property shall be at not less than the fair value thereof determined by Council based upon the proposed new uses and restrictions thereon to be imposed thereon under the urban renewal plan by Council through zoning ordinances, private covenant or otherwise. The determination shall be made only after obtaining independent appraisals of such fair value upon the aforesaid bases, which appraisals shall not be binding upon the City. The manner of disposition shall be prescribed by ordinance, and may be by negotiation, with or without any competitive bidding, and such competition and aware of a disposition contract may be based on factors other than price alone. Publication of notice once a week for not less than two nor more than four consecutive weeks in a newspaper of general circulation in the City shall be sufficient notice for the taking of competitive bids or of the execution of a disposition contract without competitive bidding. The financial and legal ability of those proposing to acquire or lease such real property shall be considered in all dispositions. The City Manager shall execute on behalf of the City, such instruments as may be necessary to transfer, lease or convey real property in the form approved by the City Solicitor and authorized by Council. The form shall include all covenants running with the land, including any portions of the plans incorporated by reference. The City Manager shall execute any certificates of completion of improvements or other appropriate instruments, on behalf of the City, that may be necessary in accordance with any covenants in such instruments of lease or conveyance.
(d) If the owner of property in the project area is willing to make the use of his property conform to the urban renewal or redevelopment plan and Council finds and determines that the acquisition of the property by the City shall not be necessary if so conformed, the City Manager, upon Council authorization, may enter into a conforming agreement upon such terms and security as may be authorized by Council. The agreement may provide for the acquisition of property upon continued failure of the property owner to keep his agreement after notice from the City specifying such failure.
(e) In the execution of urban renewal or redevelopment projects, Council may authorize as to any appropriate projects or parts of projects, the employment of community improvement corporations, community development corporations, and metropolitan housing authorities, as defined by State statutes, and when authorized by ordinance of Council, may grant leases, make conveyances and enter into agreements with such corporations related to appropriate aspects of the projects to the full extent of the powers possessed by the corporations.
(1980 Code 38.10; Ord. 6047)