SEC. 2-10. PROPERTY PURCHASED BY CITY AT TAX SALE - CITY MANAGER TO EXECUTE QUITCLAIM DEED UPON REDEMPTION OF SAME.

   In any case where the city has purchased a tax title to any property under tax foreclosure or may hereafter become the purchaser of a tax title under foreclosure proceedings or tax collector’s deed, the city manager is authorized and directed to execute a quitclaim deed to such person entitled to redeem the property after such person has paid over to the city the amount of taxes, penalties, interest and costs, including the redemption penalty, if any, as provided for by the charter. (Code 1941, Art. 22-3)

SEC. 2-11. SAME - PROVISIONS OF QUITCLAIM DEED.

   The quitclaim deed mentioned in Section 2-10 shall provide that the city releases, quitclaims and surrenders to the grantee such title or interest as it may have acquired, if any, by virtue of the tax foreclosure proceedings and by virtue of the city becoming the purchaser of the tax title under any tax collector’s, sheriff’s or constable’s sale. It shall further provide that the instrument shall release the tax lien and judgment lien on the property described, securing the taxes for the years for which the judgment was recovered, and shall not in any way affect any taxes not included in the judgment. (Code 1941, Art. 22-4)

SEC. 2-11.1. SALE OR RELEASE OF INTERESTS IN REAL PROPERTY.

   (a)   Any sale of real property or any interest in real property, or the execution of any instrument dealing with or releasing an interest in real property, is sufficient to convey or release such interest when authorized by resolution passed by a majority of the city council and signed by the city manager, or his or her designee, and attested by the city secretary; except that, when such instrument is in effect for a term of not more than one year, is to a city public service franchise holder, and is made for the city’s benefit, then the head of the department concerned is authorized, by permission of the city manager, to execute the instrument conveying a temporary interest in real property. When any instrument states on its face that it is authorized by this section, it is deemed to have been properly authorized and sufficient to convey or release the interest sought to be conveyed or released.

   (b)   Notwithstanding Subsection (a), the head of the department concerned, or his or her designee, is authorized, by permission of the city manager, to execute full or partial releases of:

      (1)   the following notes and liens, upon receipt of any required payment to the city:

         (A)   a notice of intention to assess for paving;

         (B)   a mechanic’s and materialman’s lien contract for paving or for water or sewer special assessments;

         (C)   a street paving certificate;

         (D)   a demolition lien;

         (E)   a closure lien;

         (F)   a lien imposed for civil penalties assessed by the municipal court or the former urban rehabilitation standards board against a structure found to be an urban nuisance;

         (G)   an abstract of judgment for civil penalties, court costs, and attorney’s fees assessed on property by a court of competent jurisdiction;

         (H)   a weed cutting lien; and

         (I)   a promissory note secured by any of the liens described in this subsection; and

      (2)   a lien on property that, upon investigation, is determined to have been placed in error by the department concerned.

   (c)   Each release executed under Subsection (b) must refer to this section by number, and this section will be the authority for the release. The release may, but is not required to, be attested by the city secretary. The head of the department concerned shall provide the executed and acknowledged release to the property owner. Unless otherwise required by law or contract, the property owner is responsible for recording the release at his or her own expense, except that the head of the department concerned shall promptly file in the official real property records of the county in which the property is located an executed release of any lien placed in error by the department concerned.

   (d)   All instruments concerning the conveyance or release of an interest in real property heretofore executed pursuant to a resolution of the city council are in all respects ratified and confirmed as the action of the city council the same as though separately authorized by ordinance. (Ord. Nos. 10893; 11424; 16024; 26517)

SEC. 2-11.2. ACCEPTANCE OF CONVEYANCE OR ACQUISITION BY EMINENT DOMAIN WHERE CONSIDERATION IS $10,000 OR LESS.

   (a)   The city manager is authorized to accept and approve on behalf of the city any legal instrument executed by any person, which grants, gives, conveys, quitclaims, or releases any right in real property, whether such right is fee simple or any lesser title, estate, or right, where the total consideration to be paid by the city for the title, estate, or right is $10,000 or less.

   (b)   The city manager is authorized to acquire any title, estate, or right in real property by settlement, acceptance of a commissioner’s award, or payment of a court judgment if:

      (1)   the city council has previously authorized eminent domain proceedings on the real property; and

      (2)   the total consideration to be paid by the city for the title, estate, or right in the real property is $10,000 or less.

   (c)   Any such grant, gift, conveyance, quitclaim, release, settlement, acceptance of a commissioner’s award, or payment of a court judgment mentioned in this section must be approved by:

      (1)   the head of the city department concerned;

      (2)   the city attorney; and

      (3)   the city controller, if the amount of cash consideration to be paid by the city exceeds $10. (Ord. Nos. 12734; 15279; 17131; 19875; 20951)

SEC. 2-11.3. REAL PROPERTY ACQUISITIONS WHERE CONSIDERATION EXCEEDS $500,000.

   If the consideration to be paid by the city for a proposed acquisition of an interest in real property exceeds $500,000, the city manager must obtain two independent fee appraisals of the real property interest to assist in determining the current market value of the real property interest to be acquired by the city. To the extent allowed by law and after a review of the specific circumstances, the city council may, by resolution, waive the requirement for two independent fee appraisals established under this section and require only one independent fee appraisal instead. (Ord. Nos. 20818; 26804)

SEC. 2-12. LEGAL ADVICE.

   Whenever any officer desires legal advice with regard to the performance of his official duties, he shall apply to the city attorney for the same, and be guided by his opinion in the matter. (Code 1941, Art. 19-5)