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. (Ord. 17-14; amd. Ord. 20-34, 11-17-2020)

3.10.660: PURCHASE AND SALE OF REAL PROPERTY BY REDEVELOPMENT AGENCY:

   A.   For the purposes of this section, "property" means real property.

   B.   The Redevelopment Agency of Murray City ("RDA") may own, hold, purchase and sell property in accordance with title 17C, Utah Code Annotated, or its successor.

   C.   Unless otherwise required hereunder, the requirements of sections 3.10.640 and 3.10.650 of this chapter shall not apply to the purchase or sale of property by the RDA.

   D.   Prior to the purchase of property by the RDA, the RDA shall conduct an environmental review and obtain an appraisal as outlined in section 3.10.640 of this chapter.

   E.   Prior to the sale or other disposition of property by the RDA, the RDA shall obtain an appraisal from a certified appraiser. Notwithstanding the requirement to obtain an appraisal, pursuant to State law, the RDA need not obtain fair market value for the sale or disposition of RDA property.

   F.   Property may be purchased or sold pursuant to the direction of the RDA Board. The purchase or sale of property by the RDA shall be negotiated by the RDA Executive Director or designee. Agreements for the purchase or sale of property by the RDA shall be signed by the Chair of the RDA Board. (Ord. 17-14)

3.10.670: SALE OR DISPOSAL OF CITY OWNED PERSONAL PROPERTY:

The Purchasing Agent, or designee, shall advertise through public notice the sale of any City owned personal property at public auction if it is deemed by the Purchasing Agent that such a sale would be desirable and in the best interests of the City. (Ord. 17-14)