Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY

(A) From time to time the city determines that it may be desirable to transfer city-owned real property to another entity or individual.

(B) Since 1976, the city has utilized a "Policy and Procedure Memorandum" to provide advisory guidelines to the City Council, the Planning Commission and the staff regarding the procedures by which transfers of real property should be handled.

(C) The City Council finds and declares that there is now a need for the city to be able to distinguish certain transfers from others and that mandatory controls and procedures to govern the transfer of city-owned real property from the city to another entity or individual should be provided in the Municipal Code and the purpose of the following provisions are to provide authority for the City Council to make those distinctions and to set forth the mandatory controls and procedures.

(Ord. 632-C.S., passed 11-2-99)

(A) The City Council may utilize an expedited process to transfer city-owned real property to a non-profit organization without consultation with or advice from the Planning Commission and without complying with the provisions set forth in the Policy and Procedure Memorandum governing real property transfers as it has or may be amended, if the City Council finds all of the following:

(1) The property to be transferred has been utilized for a purpose that is of benefit to the community for such period of time that the Council believes the continued use of the property for substantially the same purpose will not have an overly disruptive impact on the surrounding neighborhood or its inhabitants;

(2) The property to be transferred will continue to be utilized for substantially the same purpose that is has been used and that purpose is of benefit to the community;

(3) The instrument conveying the property from the city to the non-profit organization contains a clause requiring the property to revert back to the city in the event the property ceases to be used for the benefit of the community in a way that is at least substantially similar to the way that it is being used at the time of the transfer;

(4) The non-profit organization receiving the property is providing substantial value and consideration to the community and to the city in the nature of services rendered to the community;

(5) The value to be received by the community and the city by transferring the property to the non-profit organization exceeds the value of continuing city ownership of the property; and

(6) The proposed transfer of property has been subjected to a minimum of two public hearings before the City Council which were separated by no fewer than seven days, and which were noticed by publication in a newspaper of general circulation. (Ord. 632-C.S., passed 11-2-99)

In all cases excepting those in which the City Council makes the findings set forth in § 40.02 above, transfers of city-owned real property shall be conducted in conformance with the procedures set forth in the Policy and Procedure Memorandum governing disposal of surplus property as that Memorandum may be amended. (Ord. 632-C.S., passed 11-2-99)