Burbank Municipal Code Art. 5 Purchase or Lease of Real Property for City Purposes

The City Manager is authorized to negotiate for and to purchase or lease real property for City purposes, subject to the approval of the City Council, and to sign agreements and options, enter into escrow, and execute and deliver any and all other necessary legal instruments required to complete such purchase or lease to the extent funds have been set apart in the budget for the acquisition or lease of such real property; provided, however, that the authority of the City Manager hereunder shall be subject to and conditioned upon compliance with the remaining sections of this article where applicable. In making any such purchase, they may convey City owned property in trade or exchange for the property to be purchased, when so authorized by the City Council. The provisions of Article 2 of this chapter shall not apply to such exchange unless the property to be exchanged is within the purview of Section 1220 of the City Charter. This section shall not apply to purchases or leases of real property with a fair market value of ten thousand dollars ($10,000.00) or less pursuant to Section 2-2-504 of this article. [Formerly numbered Section 9-60; amended by Ord. No. 3331, eff. 3/6/93; 3282, 3273, 3058, 2222.]

No real property shall be purchased or leased for City purposes, nor shall any real property owned by the City be exchanged for property to be purchased by the City unless and until the fair market value of the property or properties to be purchased or exchanged or the fair rental value of the property to be leased is first determined by appraisal except as otherwise provided herein. Appraisals may be made by qualified staff appraisers. Real estate appraisers retained to determine the fair market value of real property to be purchased or exchanged or the fair rental value of real property to be leased for City purposes, pursuant to the foregoing, shall be selected jointly by the Community Development Director and the City Attorney solely on the basis of their professional qualifications, experience, personal integrity and good reputation and may be employed only pursuant to written agreement or purchase order. No appraiser shall be paid in whole or in part for their services until their report in writing has been made and filed with the City. Appraisals may be waived by the City Manager in cases involving the acquisition by sale or donation of property with a fair market value of one thousand dollars ($1,000.00) or less. [Formerly numbered Section 9-61; amended by Ord. No. 3331, eff. 3/6/93; 3282, 3273, 3058, 2222.]

The City Manager shall not purchase or lease any real property for City purposes for an amount in excess of the appraisal of the City Manager or if one or more outside appraisals are obtained pursuant to the provisions of Section 2-2-502 of this article, for an amount in excess of the average of all appraisals obtained including the appraisal of the City Manager, exclusive of real estate commissions, usual escrow charges and cost of policy of title insurance where it is necessary for the City to pay such, without official approval of such excess amount by the Council. [Formerly numbered Section 9-62; amended by Ord. No. 3282, eff. 3/2/92; 3058, 2222.]

LEASE:

The City Manager is authorized to negotiate for and to purchase or lease real property with a fair market value of ten thousand dollars ($10,000.00) or less for City purposes and to sign agreements and options, enter into escrow, and execute and deliver any and all other necessary legal instruments required to complete such purchase or lease to the extent funds have been set apart in the budget for the acquisition or lease of such real property; provided, however, that the authority of the City Manager hereunder shall be subject to and conditioned upon compliance with the remaining sections of this article where applicable. In making any such purchase, they may convey such City owned property in trade or exchange for the property to be purchased, without prior authorization by the City Council. The provisions of Article 2 of this chapter shall not apply to such exchange unless the property to be exchanged is within the purview of Section 1220 of the City Charter. [Added by Ord. No. 3331, eff. 3/6/93.]

The City Manager is authorized to accept in the name and on behalf of the City of Burbank deeds or grants conveying to the City of Burbank, a municipal corporation, for public purposes any interests in or easements upon real estate. The City Manager is authorized to consent to the recordation of such deeds or grants; and that all such acceptances of said instruments and such consents to recordation thereof shall be made by the City Manager by their certificate in substantially the form prescribed by Section 27281 of the Government Code. [Added by Ord. No. 3331, eff. 3/6/93.]

1 State law reference: As to public works contracts for general law cities, see Pub.Con.C §§ 20160-20174.

2 Reference is to Public Contract Code Section 22032 as amended or renumbered from time to time.

3 State law reference: As to acceptance of deeds and conveyances by municipal corporations for recordation, see Gov.C. § 27281.