ORDINANCE NO. 20-34
AN ORDINANCE AMENDING SECTION 3.10.650(A) OF THE MURRAY CITY MUNICIPAL CODE RELATING TO DEFINING SIGNIFICANT PARCEL OF REAL PROPERTY FOR PROCUREMENT PURPOSES. 
 
   BE IT ENACTED BY THE MURRAY CITY MUNICIPAL COUNCIL:
 
   Section 1.  Purpose.  The purpose of this ordinance is to amend section 3.10.650 of the Murray City Municipal Code relating to defining the term “significant parcel” of real property for procurement purposes. 
 
Section 2.  Amend section 3.10.650.  Section 3.10.650 of the Murray City Municipal Code shall be amended to read as follows: 
 
3.10.650: SALE, DISPOSAL OR LEASE OF CITY OWNED REAL PROPERTY:
 
  A.  As used in this section:
 
PROPERTY: Real property.
 
REASONABLE NOTICE:
 
      1.  Publishing or posting notice of a public hearing on the proposed disposition of a significant parcel of real property:
 
        a.  On the City's website;
        b.  On the Utah public notice website;
        c.  In a newspaper of general circulation; and
 
      2.  Mailing such notice to the adjacent property owners.
 
SIGNIFICANT PARCEL OF REAL PROPERTY: Any parcel of City- owned real property greater than one-half (1/2) acre or that has a reasonable value in excess of fifty thousand dollars ($50,000.00).
 
  B.  1. Before any significant parcel of property may be sold or disposed, the City Council must declare the property as surplus.
 
      2.  Before the Council may declare as surplus and authorize the sale or disposition of a significant parcel of real property, the City shall provide reasonable notice at least fourteen (14) days before a public hearing where the public may have an opportunity to provide input on the proposed surplus and disposition.
 
  C.  Subject to the requirements herein, every sale, exchange, lease, encumbrance or other conveyance of surplus property shall be made by the Mayor or the City Attorney.
 
  D.  1. a. Property to be sold by the Mayor must be:
            (1)  Reliably appraised, and
            (2)  Sold for at least fair market value.
 
        b.  Notwithstanding subsection D1a(2) of this section, the Council may make a finding by resolution that specific parcels of real property need not be sold for fair market value if the City will receive specifically identified intangible benefits that justify selling property for less than fair market value.
 
        c.  Notwithstanding subsection D1a(1) of this section, an appraisal is not required where:
 
            (1)  The reasonable estimated value of the surplus property is negligible in relation to the costs of an appraisal; or
            (2)  Where the surplus property is of such size, shape or is otherwise so unique as to be unmarketable.
 
In such circumstances, the Mayor may dispose of the surplus property in any manner as to ensure that the transaction is in the best interest of the City, is sold for the reasonable estimated value of the property, and otherwise maximizes the return or benefit to the City.
 
      2.  To the extent allowed by law and at the discretion of the Mayor, property declared as surplus may be disposed of through public offering and competitive bid, public sale, private sale, listing with a real estate broker, exchange, option to purchase, lease, lease with option to purchase, or by any other lawful and reasonable means.
 
      3.  The method of disposition or sale shall reflect market conditions and characteristics of the property. The Mayor shall ensure that the transaction is in the best interest of the City, maximizes the return or benefit to the City, and that the value of the property is congruent with the proposed price and other terms of the sale or exchange. No provision of this chapter shall be construed to require or to invalidate any conveyance or encumbrance by the City nor to vest rights or action of any kind against the City, its officers, agents or employees.
 
Section 3.  Effective date.  This Ordinance shall take effect upon first publication. 
   PASSED, APPROVED AND ADOPTED by the Murray City Municipal Council on this 17 th day of November, 2020.
                  MURRAY CITY MUNICIPAL COUNCIL
 
                  ________________________________
                  Rosalba Dominguez, Chair
 
ATTEST:
 
 
________________________________
Jennifer Kennedy, City Recorder
 
MAYOR’S ACTION: Approved
 
   DATED this ____ day of __________,  2020.
 
 
               
                              ________
D. Blair Camp, Mayor
 
ATTEST:
 
 
_________________________________
Jennifer Kennedy, City Recorder
 
CERTIFICATE OF PUBLICATION
 
   I hereby certify that this Ordinance, or a summary hereof, was published
 
according to law on the ___ day of _________, 2020.
 
 
      
   _______   _________________
Jennifer Kennedy, City Recorder