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PART 5 ACQUISITION AND DISPOSITION OF REAL PROPERTY INTERESTS
SECTION:
3.2.501: Payment Of Taxes Required
3.2.502: Acceptance By City Council
3.2.503: Compliance With Manual
3.2.504: Dispositions
3.2.505: City Owned Property For The Benefit Of Utilities
3.2.506: Rules, Regulations And Procedures
3.2.507: Waiver Of Rights Of First Refusal And First Offer On Qualifying Multifamily Residential Or Mixed-Use Rental Properties:
Except as hereinafter set forth, no deed, conveyance of land or any interest in land to the City shall be effective unless all taxes owing on such land or interest thereon are paid by the grantor to the date of conveyance. The grantor may tender to the City a pro rata share of the current taxes to the date of conveyance based upon the total taxes payable in the year of conveyance at the time of tendering the deed or conveyance. In its discretion, the City may expressly waive payment of taxes by the grantor in the event of:
A. A negotiated purchase of the land in which payment of all current taxes by the City is a consideration of the purchase; or
B. Where the deed or conveyance is a true gift or donation to the City and not in payment of or in lieu of any required fee or obligation owing to the City. (Ord. 22-62)
No deed, dedication or conveyance of land or any interest in land to the City for any purpose shall be effective unless expressly accepted or authorized by a City Council resolution or accepted by the City's Real Estate Manager in accord with approved City plans, projects, or policies. Acceptance or authorization shall be subject to adequate title review, proration and payment of taxes, environmental review or audit, and other conditions as appropriate. (Ord. 22-62)
The City, its enterprises and purchasers of City owned real property interests shall follow the procedures set forth in the then current version of the "Procedure Manual for the Acquisition and Disposition of Real Property Interests" (the "manual") for the acquisition or disposition of real property interests by deed or other conveyancing document. (Ord. 22-62)
Matters involving utilities land acquisitions, conveyances and sale of excess property are subject to City Charter section 6-80, the manual, and Utilities Board policies or bylaws. (Ord. 22-62)
A. Any proposed amendments to the manual shall be reviewed and finally approved by City Council resolution.
B. The City's Real Estate Services Manager is authorized, with the City Attorney's counsel, to promulgate and adopt reasonable rules, regulations and standard operating procedures regarding the administration and operation of the Real Estate Services Office and management of the City's real property assets. Additional rules and regulations may be adopted as necessary to implement applicable Federal and State laws. Any rules or regulations adopted by the manager shall be available for public inspection in the Real Estate Services Office.
C. The City and its Colorado Springs Utilities, MHS Enterprise (other than with respect to any real property transaction under or arising out of the Memorial Health System Affiliation), the municipal enterprises, the general public and purchasers and sellers of City owned real property interests shall abide by all rules and regulations promulgated by the Real Estate Services Manager or approved by City Council resolution.
D. The Mayor, MHS Enterprise and the Chief Executive Officer of Colorado Springs Utilities may choose to establish supplemental administrative procedures, but those supplemental administrative procedures shall not supersede or substitute for the procedures and practices contained in the manual. Real Estate Services will support and comply with any supplemental administrative procedures to the extent those supplemental administrative procedures do not conflict with the provisions of the manual. (Ord. 22-62)
A. Rights of First Refusal and First Offer: Pursuant to C.R.S. § 29-4-1201, et seq., "Local Government Right of First Refusal Or First Offer to Purchase Multifamily Housing", as may be amended, the State of Colorado has authorized a process through which a local government is granted the right of first refusal and the right of first offer to purchase qualifying multifamily residential or mixed-use rental properties.
B. Waiver: In accord with C.R.S. §§ 29-4-1202(2)(g)(I) and 29-4-1203(2)(e)(I), the City hereby waives the right of first refusal and the right of first offer as set forth in the statutes. Such waiver shall not affect any right of first refusal or first offer otherwise created or granted in any other way, including, but not limited to, deeds and agreements entered into by the City. (Ord. 24-100)