CHAPTER 35:  DISPOSAL OF SURPLUS REAL PROPERTY

Section

   35.01   Definitions

   35.02   Qualification, classification

   35.03   Real property disposal scope

   35.04   Disposal of substandard undeveloped property

   35.05   Disposal of standard undeveloped property and developed property

   35.06   Disposal to other public entities

   35.07   Lease of surplus real property

§ 35.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DISPOSAL or DISPOSE. The sale, lease, exchange, or donation of real property.

   LEASE. A tenancy in real property granting the right of possession for a specified term for consideration. LEASE does not include a permit, license, or franchise to use any city-owned or controlled real property or public way.

   REAL PROPERTY. Any interest in real property owned by the city within or without the geographic limits of the city.

(Ord. 13-273, passed 2-25-2013)

§ 35.02 QUALIFICATION, CLASSIFICATION.

   Real property qualifying for the procedure established in this chapter is classified as follows.

   (A)   Substandard undeveloped property. Parcels with no structures thereon that are not of minimum buildable size for the zone in which located, and parcels that do not meet the city’s existing development code.

   (B)   Standard undeveloped property. Parcels with no structures thereon that are of minimum or greater buildable size for the zone in which located.

   (C)   Developed property. Parcels of any size with structures thereon.

   (D)   Special-case property. Parcels that, notwithstanding divisions (A), (B), and (C) above, were acquired by the city for capital improvement and were purchased subject to an agreement for the manner in which any surplus would be disposed.

(Ord. 13-273, passed 2-25-2013)

§ 35.03 REAL PROPERTY DISPOSAL SCOPE.

   (A)   Real property owned by the city shall be disposed of as provided in this chapter unless another procedure is specified by the City Council. Before disposing of any real property under this chapter, the city shall find either that the property is not needed for public use or that the public interest may be furthered by disposal of such real property.

   (B)   In determining whether to dispose of real property, the city in its discretion may consider whether to establish certain requirements as conditions of the transaction, such as requiring that the property be developed to a certain standard by a specified date, that the property not be placed in tax-exempt status for a specified length of time, and other conditions the city may deem appropriate.

   (C)   Nothing in this chapter shall require additional procedures or limit the authority of the city to issue any permits or licenses. If the real property is within 100 feet of a railroad right-of-way or is within 500 feet of an at-grade rail, the city will notify the state’s Department of Transportation as required by O.R.S. 271.310.

(Ord. 13-273, passed 2-25-2013)