Salinas Municipal Code § 12-13 Lease of interest in real property

This article is enacted under the authority conferred by Article XI, Section 8, of the Constitution of the state and pursuant to sections 3 and 8 of the Charter.

(Ord. No. 1247 (NCS), § 1.)

Any interest in real property owned or possessed by the city and no longer necessary for municipal purposes may be sold, exchanged or otherwise conveyed in accordance with the provisions of this article under such terms and conditions and for such consideration as the council may by resolution prescribe. Any such interest may also be leased pursuant hereto so long as the interest leased be not necessary for municipal purposes during the term of the lease or any extension thereof.

(Ord. No. 1247 (NCS), § 2.)

The procedure for sale shall be as follows:

(a) Resolution. Before ordering the sale of any interest in real property, except sales to governmental bodies or agencies thereof, the council shall adopt a resolution declaring that such interest is no longer necessary for municipal purposes and declaring the intention of the council to sell same. Such resolution shall:

(1) Describe the property interest to be sold in sufficient detail and in such manner as to identify it with legal certainty.

(2) Specify any minimum cash price acceptable.

(3) Set out the terms and conditions upon which such sale shall be made or refer to a document on file in the office of the city clerk setting out such terms and conditions.

(4) Set a place and time, not less than ten days thereafter, at which time and place sealed proposals to purchase said interest shall be received and opened.

(5) Order the city clerk to publish a notice of the adoption of the resolution in a newspaper of general circulation within the city not less than seven days before the date set for opening of proposals.

(b) Opening and Acceptance of Proposals. At the time and place fixed in the resolution of intention all sealed proposals which have been received shall be opened, examined and read. The council may, at any subsequent regular or special meeting held within any time limit established by the terms and conditions of sale, accept the proposal determined by the council to be in the best interest of the city or reject all proposals. The acceptance of any proposal shall be made by resolution.

(c) Effect of Acceptance. The resolution of acceptance shall authorize the mayor to execute any contract of sale and to execute and deliver any deed or deeds necessary to effect transfer of the property interest or interests sold in conformity with the adopted terms and conditions of sale.

(Ord. No. 1247 (NCS), § 2.1.)

The sale of any real property interest owned by the city shall be made subject to and in accordance with any and all conditions of sale imposed by resolution of the council, and the council may impose any condition or restriction upon the sale deemed necessary by it in order to protect the public interest or to promote and enhance the well-being of the citizens. Such conditions may be in the form of contractual covenants or deed restrictions and may impose, among other things, restrictions on the future use of the property interest sold, limitations on any structures to be built thereon, or standards to which any use of the property interest or building constructed thereon shall comply. Such conditions may also specify that the sale may be awarded on bases other than the highest cash consideration offered in the event the council shall determine that the common benefit of the community will best be thereby served.

(Ord. No. 1247 (NCS), § 2.2.)

Under any terms and conditions which it may establish, the council, by resolution, may authorize the lease of any interest in real property owned or leased by the city for any period of time authorized by law, provided that the council in the resolution determines that the real property interest leased will not be necessary for municipal purposes during the term of any such lease or any extension authorized by the terms thereof.

(Ord. No. 1247 (NCS), § 2.3.)

The procedure for exchange of any interest in real property owned by the city and no longer necessary for municipal purposes shall be as follows:

(a) Before ordering such exchange the council shall adopt a resolution declaring its intention to do so, which resolution shall:

(1) Describe the interest in real property to be exchanged in sufficient detail and in such manner as to identify it with legal certainty.

(2) Describe the interest in real property for which the city property is to be exchanged in sufficient detail and in such manner as to identify it with legal certainty, and define or describe any other property, money or consideration to be received or given by the city in the exchange.

(3) Specify the terms and conditions of the proposed exchange.

(4) Set a place and time, not less than ten days after the adoption of the resolution, for the holding of a public hearing, at which hearing any person may present written or oral objections to the proposed exchange.

(5) Order the city clerk to publish a notice of the adoption of the resolution in a newspaper of general circulation within the city, which notice shall specify the time and place of the hearing set pursuant to Section 12-15.

(b) At the public hearing held for that purpose the city council shall receive, hear and pass upon any objections to such exchange presented. At the conclusion of the hearing the city council shall determine whether or not the exchange shall be made and its determination shall be final and conclusive.

(c) If the council determines that the exchange shall be made, it shall by resolution authorize the mayor to execute any and all agreements, deeds or other documents necessary to effect such exchange in accordance with the terms and conditions approved.

(Ord. No. 1247 (NCS), § 2.4.)

(a) The council may sell to the bidder submitting therefor the highest and best bid any personal property owned by the city which property is no longer needed for public purpose or which property should be disposed of for the purpose of replacement because unsatisfactory or unsuitable for public use; provided, however, the council may authorize the disposition of any such property without public auction or advertisement for bids if the council adopts a resolution finding the public convenience, necessity, or welfare requires such disposition and stating the terms and conditions thereof and the reasons therefor.

(b) The council may at its discretion determine whether the interests of the community will best be served by sale at public auction to the highest bidder for cash in lawful money of the United States, or to the bidder submitting therefor the best sealed proposal after published advertisement for proposals in accordance with conditions of sale or other specifications adopted by council resolution. If such sale is to be made to the highest bidder for cash at public auction, the council shall cause notice of the time and place of the auction to be published in a newspaper of general circulation in the city for not less than two times. If such sale is to be made upon the basis of sealed proposals after advertisement pursuant to adopted specifications, it shall be competent for the council to include in such specifications any or all conditions of sale which the council is authorized to impose on the sale of real property pursuant to Section 12-12.

(c) If in the opinion of the council the value of such property does not exceed the sum of five hundred dollars, the same may be sold at private sale without advertisement for bids.

(d) Should the council determine that, as an incident to the sale of any personal property pursuant to this section, it is necessary or desirable to grant or convey to the purchaser of such property any easements or possessory interests in real property of the city, such grant or conveyance shall not operate or be construed so as to constitute the sale as one of real property.

(Ord. No. 1247 (NCS), § 3; Ord. No. 1865 (NCS), § 1.)

(1) This section is enacted in order to comply with the provisions of Civil Code Section 2080.4.

(2) Any unclaimed property as defined in Civil Code Section 2080.6 shall be held by the city police department for a period of at least ninety (90) days.

(3) Thereafter, such property shall be transferred to the city purchasing officer, and such property shall not be redeemable by the owner or other person entitled to possession.

(4) Said property shall be disposed of by the city purchasing officer in the following manner:

(a) Retained for use by the city, if the city manager or his designee determines that said property is needed for a public use;

(b) Sold to the public at public auction; or

(c) Destroyed or otherwise disposed by the city if unsold at public auction.

(Ord. No. 2125 (NCS), § 1.)

The council may authorize any real or personal property owned by the city to be sold or conveyed to the United States or any agency thereof, to the state, or any agency, department, political subdivision or district thereof, or to any municipal corporation, without public auction or advertisement for bids, if the council adopts a resolution finding the public convenience, necessity or welfare requires such sale or conveyance and stating the terms and conditions thereof and the reasons therefor.

In addition, the city council may authorize any real or personal property owned by the city (whether in the form of a fee ownership, leasehold, or other interest) which is sought to be exchanged for any interest in real property which is the subject of a condemnation or proposed condemnation suit, and any real property owned by the city that is suitable for commercial or industrial development purposes and shown as located within the boundaries of the Salinas Municipal Airport Map, dated August 16, 1972, and as thereafter amended, a copy of which is on file in the office of the city clerk, to be conveyed or sold to any person without public auction and advertisement for bids, if the council adopts a resolution finding the public convenience, necessity or welfare requires such conveyance or sale and stating the terms and conditions thereof and the reasons therefor. The city council may authorize any real or personal property owned by the city which can be used to support neighborhood revitalization or assist in the provision of low and moderate income housing to be conveyed or sold to any individual or organization without public auction and advertisement for bid, if the council adopts a resolution finding that public convenience, necessity or welfare and objectives of the city's neighborhood improvement program will benefit from such conveyance or sale and stating the terms and conditions thereof and the reasons therefor.

(Ord. No. 1247 (NCS), § 4; Ord. No. 1664 (NCS), § 1; Ord. No. 1789 (NCS), § 1.)

The council may authorize the sale or exchange of any parcel of real estate without the necessity of compliance with the procedures set out in any of the foregoing sections of this article if it determines to its satisfaction that:

(a) The value of the real property to be sold or exchanged does not exceed the amount of one thousand dollars; or

(b) The particular parcel of real property is incapable of being developed independently of an adjoining property; or

(c) The disposition of the parcel to other than the adjoining owner would deprive that owner of an existing vested right of access to a public highway and might thereby create a cause of action against the city.

(Ord. No. 1417 (NCS), § 1.)