Lincoln Municipal Code Art. II Acquisition and Disposition of Interests in Real Property

A. City-Owned Real Property. The city council shall be the authorizing authority for all leases and licenses of city-owned property. If consideration for a lease or license is in excess of $1,000.00 per year, the property shall be leased or licensed by means of competitive proposals unless the city council finds that an award without competitive proposals is in the best interests of the city. If competitive proposals are solicited for leases or licenses of city-owned property, the city shall have discretion to determine the proposal process and to determine the proposal which best meets the needs of the city, which may not necessarily be the highest priced proposal.

B. City Lease of Private Property.

(1) Leases of private property by the city with a total lease amount of $100,000.00 or more shall be authorized by the council.

(2) Leases of private property by the city with a total lease amount less than $100,000.00 may be authorized by the city manager.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

The acquisition of real property, whether by negotiation, dedication, or eminent domain, shall be in accordance with state law.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

A. Procedures for the disposition of real property shall be in accordance with state law. In accordance with Section 65402(a) of the California Government Code, the council hereby determines that the provisions of that section shall not apply to:

(1) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

(2) Acquisitions, dispositions, or abandonments for street widening; or

(3) Alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening or alignment projects are of a minor nature.

B. The report of the planning commission regarding the conformance of a capital improvement project with the general plan made pursuant to Section 65401 of the California Government Code shall also constitute the report required by Section 65402(a) of the California Government Code regarding each acquisition or disposition of real estate, street abandonment or vacation, or public building or structure included in that capital improvement project.

C. The disposition of real property shall be by competitive proposals unless the city council determines that disposition without competitive proposals is in the best interests of the city. If competitive proposals are solicited for the disposition of city-owned property, the city shall have discretion to determine the proposal process and to determine the proposal which best meets the needs of the city, which may not necessarily be the highest priced proposal.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)