(A) Disposition for the elimination of blight or other lawful purposes. The city can only dispose of real property as permitted by law. By and through this chapter, real property will be disposed of by the city under the authority of KRS 82.083 which authorizes the sale or disposal of real property, with or without compensation, for economic development purposes, which shall include but not be limited to real property transfers for the elimination of blight.
(B) Determination of availability of real property. The Community Development Director or City Manager shall review the list of real property owned by the city, no less than two times per fiscal year, to determine if the city owns or has acquired real property which can be transferred to another person pursuant to this chapter. If he/she has determined that the city owns property that can be transferred pursuant to this chapter, the Community Development Director or City Manager shall prepare a list of said properties to present to the Commission for a review and determination of whether or not the Commission desires to declare the property as surplus and proceed with the disposition of the property.
(C) Board of Commissioners' actions required. Before selling or otherwise disposing of any city-owned real property, the Commission shall adopt a resolution in accordance with KRS 82.083 declaring the property to be surplus property and setting forth and fully describing:
(1) The real property to be transferred;
(2) Its intended use at the time of acquisition;
(3) The reasons why it is in the public interest to dispose of it; and
(4) The method of disposition to be used.
(D) (1) Advertising the availability of lots. After the Commission adopts the enabling resolution, the Community Development Director or the City Manager shall cause a notice to be published in accordance with KRS 424.130(1)(b) and displayed on the city's website which shall set forth, at a minimum, the following:
(a) The addresses and/or descriptions of the lots which are to be conveyed;
(b) That the city is requesting proposals/bids for the lots to be conveyed;
(c) The contact information of the person with proposal document forms and information packets;
(d) The location to obtain the information and forms on the city's website; and
(e) The location and deadline for accepting proposals.
(2) In addition, a sign shall be placed on the property to be conveyed which designates the property as surplus property and sets forth the name and phone number of the person to contact for information regarding acquiring the property and the website address where information regarding acquiring the property can be obtained.
(E) (1) Requests for proposals. Proposals shall be submitted on forms supplied by the city. The form(s) shall contain a statement that states as follows:
"The City reserves the right to reject any or all proposals received, and to select that proposal which it determines to be in its best interest. The award will be made to the responsible Person whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth in Ordinance 2016-010. The City of Franklin, Kentucky is not responsible for the premature opening of, or the failure to open, a sealed bid not properly addressed or identified."
(2) All proposals shall contain, at a minimum, the following:
(a) The name(s) and address(es) of the person(s) submitting the proposal;
(b) The property address/description for which the person is interested;
(c) The intended use of the property;
(d) The offer/proposal including, but not limited to the amount of money, if any, which the person is offering for the property;
(e) Detailed redevelopment plans for the use of the property including, but not limited to drawings and floor plans to the extent available;
(f) Estimated timeline to complete the proposal;
(g) A complete list of all property owned by the person(s) within the city;
(h) Proof of funding availability from a financial institution sufficient to complete the plans proposed that can be independently confirmed by the Community Development Director, the City Manager, or his or her designee; and
(i) Any and all other information as is required by the Community Development Director, City Manager or Code Enforcement Board, at his/her/their discretion.
(3) All proposals submitted shall be signed and notarized by the person(s) submitting the proposal, and said person(s) shall swear that all contents of the proposal are true and correct, and the proposal shall remain valid for not less than 90 days.
(F) Evaluation of proposals. Upon receipt of proposals prior to the deadline, the following shall occur:
(1) Within ten working days following the deadline for receiving proposals, the Community Development Director, the City Manager, or his or her designee shall conduct an initial evaluation in which he/she shall compile, assemble, verify, and evaluate the proposals to determine if each proposal complies with the requirements of division (E) hereinabove. If a proposal is missing documentation or information, the person(s) submitting the documentation shall be given five days to provide the additional required information. If the person(s) fail to timely provide the additional information, his/her/their proposal shall be denied and/or deemed withdrawn. In addition, if any proposal contains information that is factually inaccurate or untrue, said proposal shall be denied and/or deemed withdrawn. All proposals that contain information that is verified and meets or exceeds the minimum requirements set forth herein, shall be referred to the Code Enforcement Board for review and evaluation.
(2) The Franklin-Simpson Code Enforcement Board shall review and evaluate all proposals based upon specific scoring criteria at its next regularly scheduled meeting following the referral of the proposals or, if determined by the Code Enforcement Board, at a special meeting called for this purpose. The "Scoring Criteria for City-Owned Property" form is attached to Ordinance 2016-010 as “Exhibit 1" and incorporated herein by reference as if set forth in full. Provided, however, priority is to be given for proposals containing owner-occupied structures. Further, priority is given for proposals with intended uses which serve the highest and best use of the property in the opinion of the Code Enforcement Board. The Code Enforcement Board shall use these guidelines and criteria to make a recommendation to the Commission as to the proposal which makes the highest and best use of the property sought to be conveyed. In addition, the Board shall make an alternate recommendation to the Commission in the event the initially recommended proposal fails for any reason. The recommendation of the Code Enforcement Board may contain terms and conditions in addition to the terms of the proposal including, but not limited to the right of reversion of title to the property to the city in the event of non-compliance with the contract or ordinance. The Code Enforcement Board also has the right to reject any or all proposals and not make a recommendation to the Commission. The Code Enforcement Board, Community Development Director and/or City Manager shall be absolved of any and all liability for recommendations made and/or actions taken by and through this chapter.
(G) Further Commission action. If the Commission approves the recommendation of the Code Enforcement Board, the Commission shall adopt a resolution setting forth the following:
(1) The description of the real property to be transferred;
(2) That the Commission accepts the bid/proposal from the person(s) to whom the property will be transferred;
(3) Authorizing the City Attorney to prepare a contract, deed and any other documents necessary for the transfer of the real property that are consistent with the terms of the proposal, the recommendation of the Code Enforcement Board and any other conditions, covenants or restrictions required by the Commission; and
(4) Authorizing the Mayor to sign any and all documents necessary to effectuate the transaction including, but not limited to the contract, deed and other closing documents.
(Ord. 2016-010, passed 9-12-2016)