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(a) Transactions involving the purchase, sale, gift or lease of real property shall be authorized by council resolution. Offers to purchase and proposals to sell city-owned property shall be reviewed by the corporation counsel and a recommendation made concerning:
(1) The sufficiency of the consideration.
(2) The public purpose involved in the land transaction.
(b) The following factors shall be considered and identified by the corporation counsel in making any recommendation to the city council for the purchase, sale or lease of real property:
(1) Purchase:
a. Identification of the public purpose involved in the proposed land transaction.
b. Determination of the market value of the property as indicated by the assessed and equalized values of the property from the city assessor's records.
c. An opinion of value from the city assessor's office.
d. Determination of value as reflected by any recent comparable sales in the immediate area.
e. Obtaining an outside appraisal or opinion of value if recommended by the corporation counsel or requested by the city council.
f. Transaction upon a negotiated purchase price or through condemnation, if authorized by separate council resolution.
(2) Sale:
a. Identification of the public purpose involved in the proposed land transaction.
b. Determination of the market value of the property as indicated by the assessed and equalized values of the property from the city assessor's records.
c. An opinion of value from the city assessor's office.
d. Advertising and/or posting the property if two or more persons have indicated an interest in the property or the property has general utility or the city council requests the property be advertised.
e. Examining the use to which the property can or will be put and the cost of acquisition, demolition and improvement.
f. Sale to the highest bidder. Consideration to include dollar offer and such other items as identified by the corporation counsel that represent a legal obligation to the city and value assigned thereto. The city shall reserve the right to reject all bids.
(3) Lease:
a. Identification of the public purpose involved in the proposed land transaction.
b. Determination of the market value of the property as indicated by the assessed and equalized values of the property from the city assessor's records.
c. An opinion of value from the city assessor's office.
d. As lessor, advertising and/or posting the property if two or more persons have indicated an interest in the property or the property has general utility or the city council requests that the property be advertised.
e. As lessee, the lease fee should be based upon the above indicators of value through a negotiated lease fee procedure.
(c) These rules of procedure shall be construed liberally in recognition of the unique character of land transactions and the requirement that all real property transactions shall be authorized by council resolution. All land transactions involving city officers or employees shall be governed by applicable provisions of state law and city charter on conflicts of interest and, in any event, shall require a full disclosure of the officer or employee's interest and nonvoting of the officer involved.
(Ord. No. 05-1062, 12-5-05; Amend. of 7-14-06; Ord. No. 22-1742, - -22)
ARTICLE V. - APPEARANCE TICKETS
(a) Definition. An appearance ticket is a written notice issued and subscribed by a police officer or other public servant authorized by Act No. 366 of the Public Acts of Michigan of 1984 (MCL 764.9f, MSA 28.868(6)), as amended, or ordinances of the city to issue the same, directing a designated future time in connection with his alleged commission of a designated offense.
(b) Issuance. Whenever a police officer would have reasonable grounds to arrest a person without a warrant for any violation of an ordinance of the city, in lieu of taking such person before the district court and filing a complaint in connection therewith, he may issue to and serve upon such person an appearance ticket.
(c) Authorized issuers. The following public servants of the city shall be and they are hereby authorized to issue and serve appearance tickets:
(1) Director of public works and his written designees;
(2) Director of building and safety and his written designees;
(3) Ordinance enforcement officers:
Ordinance enforcement officers shall include park rangers.
(d) Reasons to issue. The directors of public works and building and safety and their written designees shall be authorized to issue appearance tickets for any of the following reasons:
(1) Planting of unauthorized trees on city property.
(2) Unauthorized trimming or removal of city owned trees.
(3) Using illegal refuse containers for refuse storage and pickup.
(4) Early set out of refuse for collection.
(5) Improperly stored refuse, commercial and residential.
(6) Outside storage of any items that contribute to the unsightliness of the neighborhood and the health and safety of the community.
(7) High grass, over eight inches in length, shrubs and foliage that obstruct the public way.
(8) Violation of other code provisions under the jurisdiction of the individual ordinance officer.
(e) Filing of complaint. A police officer or other public servant of the city who has issued and served an appearance ticket, at or before the time of appearance ticket is returnable, shall file or cause to be filed in the district court a complaint charging the person named in the appearance ticket with the offense specified in this section.
(Ord. No. 86-357, 5-6-86; Ord. No. 05-1047, 7-5-05)
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