175.10 DISPOSITION OF PROPERTY.
(a) Sale, Lease or Other Method. Property or an interest in property in a project area which is not to be retained by the City in accordance with the urban renewal plan may be disposed of by the City by sale, lease or other method of disposition of such property. The City may enter into such contracts with respect to such disposition in accordance with the urban renewal plan, and may provide therein such covenants, conditions and restrictions, including covenants running with the land, as are determined to be necessary and appropriate to carrying out the purpose of the urban renewal plan. The manner of disposition may be by negotiation or any other permissible method of disposition approved by Council either in connection with Council's approval of a particular urban renewal plan, or in connection with Council's approval of the disposition of a particular parcel of property in an urban renewal area.
Pending the disposition or retention by the City of property in a project area, such property may be leased for such uses as may otherwise be lawful and desirable, even though such uses are not then in conformity with the urban renewal plan, pending the disposition or retention of such property for redevelopment in accordance with the urban renewal plan.
The documents providing for the disposition or retention of property in an urban renewal project may contain such antidiscrimination provisions as are necessary and appropriate, and consistent with the requirements of applicable law.
(b) Donation. Property, or an interest in property, in a project area which has been acquired exclusively with federal funds and which is not to be retained by the City in accordance with the urban renewal plan may be disposed of by the City by donation of such property to a nonprofit or charitable organization for low and moderate income housing purposes provided the urban renewal plan is amended, pursuant to Section 175.11, to provide for such donations of property with covenants, including covenants running with the land, conditions, restrictions and reversionary interests as are determined to be necessary and appropriate to carrying out the purposes of the donation. The City may enter into such contracts with respect to such disposition in accordance with the urban renewal plan, and may provide therein such covenants, conditions and restrictions, including covenants running with the land, as are determined to be necessary and appropriate to carrying out the purposes of the donation.
If Council determines to donate property to a nonprofit or charitable organization, the receiving organization shall be determined after advertisement through competition among interested organizations. In determining which nonprofit or charitable organization should receive the donation, Council shall consider all of the following:
(1) The plan for the development of the property submitted by the prospective donee;
(2) The ability of the prospective donee organization to obtain the financing to develop such property;
(3) The history of the prospective donee organization in taking on such projects;
(4) Whether the targeted ultimate purchasers of the property are lower and moderate income persons;
(5) Whether the planned use of the donated property is in accordance with the overall neighborhood;
(6) The time frame for such donee's plan;
(7) The donee's acceptance of the condition that the property revert back to the City if:
A. It is not developed in accordance with the plan;
B. The organization ceases to exist or ceases to be a charitable or nonprofit organization; and/or
C. The property ceases to be affordable to low and moderate income households or is not used for housing; and
(8) All other requirements of the U.S. Department of Housing and Urban Development.
The documents providing for the disposition or retention of property in an urban renewal project may contain such antidiscrimination provisions as are necessary and appropriate and consistent with the requirements of applicable law.
(Ord. 93-9-108. Passed 9-22-93.)