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Upon request of the General Manager of the General Services Department, or the designee thereof in the General Manager’s absence, the City Attorney shall commence those actions or proceedings necessary to enforce the City’s rights in connection with any rents, issues, profits or obligations due the City of Los Angeles and under the control of said Department of General Services, and may settle such obligation and execute the necessary releases or other evidence of settlement therefor when agreed to in writing by said General Manager or designee thereof in the absence of the General Manager.
SECTION HISTORY
Based on Ord. No. 72,922.
Amended by: Ord. No. 152,427, Eff. 6-29-79.
Readopted by Ord. No. 173,281, Eff. 6-26-00, Oper-7-1-00.
Section
7.21 Policy.
7.22 Recommendations Required of City Departments.
7.23 Notice of Sale.
7.24 Sale at Auction – Oral Bids.
7.25 Sale at Auction – Sealed Bids.
7.26 Sale at Auction – Sealed Bids and Oral Bids.
7.27 Private Sale.
7.27.1 Sale of Surplus City-Owned Remnant Property.
7.27.2 Private Sale Procedures for Economic Development Purposes.
7.27.3 Private Sale Procedures for Affordable Housing Development Purposes.
7.28 Disposition of Deposit.
7.29 Confirmation of Sale.
7.30 Reservations.
7.31 Terms of Sale.
7.32 Failure to Sell.
7.33 Compensation of Agents.
7.33.1 Sale of Property Located in the City of Los Angeles.
7.33.2 Sale of REO Property – Powers of LAHD General Manager.
7.33.3 Methods of Marketing.
7.33.4 Minimum Sales Price.
7.33.5 Term of Restricted Use.
7.33.6 Role of City Administrative Officer.
7.33.7 Approval by City Council Required.
Any real property owned by the City of Los Angeles that is no longer required for the use of the City, and which real property the public interest and necessity requires to be sold may, subject to the limitations and exceptions prescribed in the Charter, be sold, either in whole or in part, under the terms, conditions and procedures prescribed in this article. This article shall apply to departments under the control of the City Council. It shall also apply fully to, and shall govern the sale of, real properties under the jurisdiction of all departments having jurisdiction and control of their own funds, but such sales must be preceded by the request or approval of such departments. When any such latter department has a division or section which performs for such department the functions of the Department of General Services, such division or its Director or Chief shall perform the functions assigned to the Department of General Services or to the General Manager of the Department of General Services.
SECTION HISTORY
Based on Charter Sec. 393.
Amended by: Ord. No. 150,946, Eff. 7-17-78; Ord. No. 152,427, Eff. 6-29-79; Ord. No. 153,104, Eff. 12-9-79; Ord. No. 171,496, Eff. 3-7-97.
Readopted by Ord. No. 173,281, Eff. 6-26-00, Oper-7-1-00.
Before the Council, or the Municipal Facilities Committee for the direct sale of “remnant” properties, determines that real property proposed for sale is no longer required for the use of the City and that the public interest or necessity require its sale, the proposed sale shall be considered as follows:
(a) The Department of General Services shall determine whether the City owns a salable interest in the real property, shall appraise said real property at its fair market value; and shall recommend a minimum sale price to the Council or the Municipal Facilities Committee, as applicable.
(b) The Bureau of Engineering shall approve the legal description of the real property and shall recommend the reservation or exception of such portions of the real property or such easements or rights as should be retained by the City.
(c) The City Planning Department shall consider the proposed sale in relation to, and its effects upon, plans prepared by the Department and shall verify, in writing, from the appropriate City departments that the property proposed for sale is not required for City use. All City departments that the City Planning Department deems to have an interest in the property proposed to be disposed of shall be contacted in writing by said Department. Such written contacts shall request that a reply be transmitted to the Department of City Planning advising whether the real property proposed to be disposed of is or is not required for City use in the foreseeable future. If it is judged that the property will, at some future date, be required for City use the responding Department shall give reason for such judgment. If no reply is received within fifteen (15) days the City Planning Department may then assume that the respective departments have no comments to make on the matter.
(d) In cases involving the direct sale of surplus City-owned property, except “remnants” as defined in Section 7.27.1(a), the City Administrative Officer shall review the proposed direct sale and recommend to the Council upon its propriety.
(e) In cases involving direct sales of City- owned “remnants” as defined in Section 7.27.1(a), the Department of General Services shall review the proposed sale, and shall recommend to the Municipal Facilities Committee upon its propriety. Thereafter, the Municipal Facilities Committee may determine that the public interest or necessity require completion of the sale and authorize it, including the immediate opening of escrow. In the event of such a determination by the Municipal Facilities Committee with respect to the sale of a “remnant” as defined in Section 7.27.1(a), the Municipal Facilities Committee may authorize the execution of a deed or other instrument necessary to effectuate the sale at and for the fair market value of the property as appraised by the Department of General Services, and upon the terms and conditions contained in the document entitled Title Transfer Instructions (Escrow) approved by the City Council and made a part of Council File No. 07-1894. Any substantive deviations from those terms and conditions, as determined by the City Attorney, shall require approval by the City Council by ordinance.
SECTION HISTORY
Based on Ord. No. 56,887.
Amended by: Ord. No. 150,946, Eff. 7-17-78; Ord. No. 152,427, Eff. 6-29-79; Ord. No. 153,104, Eff. 12-9-79; Subsecs. (a) and (d), Ord. No. 171,496, Eff. 3-7-97.
Readopted by Ord. No. 173,281, Eff. 6-26-00, Oper-7-1-00.
Amended by: First Para. and Subsecs. (a) and (d) amended, Subsec. (e) added, Ord. No. 180,834, Eff. 9-20-09.
Whenever the City Council shall determine that real property owned by the City is no longer required for the use of the City, and that the public interest or necessity requires the sale thereof, said Council may by ordinance order the same to be sold. Such ordinance shall direct the City Clerk to cause Notice of Sale of such property to be published for three (3) days in a newspaper of general circulation, printed and published in this City, and said ordinance and said Notice of Sale shall specify the minimum price which will be accepted for said property, and the terms and conditions upon which the same will be sold. The ordinance shall also direct the City to post said Notice of Sale in a prominent and visible location on the real property to be sold not less than thirty (30) days prior to the sale. Said ordinance shall also state whether the sale of such property shall be by oral bid auction (Section 7.24), by sealed bid auction (Section 7.25), or by sealed bid with oral bids thereafter accepted (Section 7.26). The ordinance shall authorize the Mayor to execute a deed following confirmation of the sale and shall further authorize the Department of General Services to open an escrow and/or deliver the deed.
SECTION HISTORY
Based on Ord. No. 56,887.
Amended by: Ord. No. 92,767; Ord. No. 150,946, Eff. 7-17-78; Ord. No. 152,427, Eff. 6-29-79; Ord. No. 153,104, Eff. 12-9-79; “Bureau of Engineering” changed to “Department of General Services”, Ord. No. 171,496, Eff. 3-7-97.
Readopted by Ord. No. 173,281, Eff. 6-26-00, Oper-7-1-00.
Amended by: Ord. No. 181,595, Eff. 4-10-11.
Whenever the Council shall determine that such sale shall be by oral bid at public auction, the auction may be held at such time and place as the Council shall specify in the Notice of Sale. No bid shall be considered unless such bidder shall, prior to the holding of the auction, deposit with the auctioneer or with another authorized person identified in the published notice at least ten percent (10%) of the amount specified in the Notice of Sale as the minimum price, or the sum of $10,000.00, whichever is less, in cash, cashier’s check or certified check as a guarantee that the person making such bid will purchase and pay for such property upon the terms and conditions specified in the Notice of Sale.
SECTION HISTORY
Based on Ord. No. 56,887.
Amended by: Ord. No. 92,757; Ord. No. 150,946, Eff. 7-17-78.
Whenever the Council shall determine that such sale shall be by sealed bids, all such sealed bids shall be identified by location on the face of the envelope and shall be filed with the City Clerk at or before the time specified in the Notice of Sale. The City Clerk shall present all such sealed bids to the General Manager of the Department of General Services, or the Board or Commission designated to receive such bids, or to the Council should the Council have so ordered. Said bids shall be presented after the expiration of the time for the submission of bids. The bids shall thereupon in public session be opened, examined and declared. No bid shall be considered unless accompanied by cash deposit, cashier’s check or certified check in an amount not less than ten percent (10%) of the amount specified in the Notice of Sale as the minimum price, or the sum of $10,000.00, whichever is less, as a guarantee that the person making such bid will purchase and pay for such property upon the terms and conditions specified in the Notice of Sale.
SECTION HISTORY
Based on Ord. No. 56,887.
Amended by: Ord. No. 92,757; Ord. No. 150,946, Eff. 7-17-78; Ord. No. 171,496, Eff. 3-7-97.
Readopted by Ord. No. 173,281, Eff. 6-26-00, Oper-7-1-00.
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