HomeMy WebLinkAbout4893 ORDINANCE NO. ~.~
AN ORDINANCE of the City Council of the City of'
Bremerton, Washington, repealing Chapter 2.78 of' the Bremerton
Municipal Code entitled "Real Property Transactions" and a
related City policy and further adopting a new Chapter 2.78
establishing new procedures for the purchase, sale and leasing of'
real property.
WHEREAS, the current provisions of Chapter 2.78 of the Bremerton Municipal
Code relating to real property transactions are burdensome and result in inefficient
administration and processing of real estate transactions; and
WHEREAS, the City Council desires to 1) repeal Chapter 2.78 BMC entitled
"Real Property Transactions", 2) repeal City Financial Policy 1-20-03 entitled" Real Property
Surplus, Sale and Acquisition", which duplicates the provisions of Chapter 2.78 BMC, and 3)
enact a new Chapter 2.78 BMC in order to update the provisions relating to real property
transactions; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.78 of the Bremerton Municipal Code entitled "Real
Property Transactions" is hereby repealed in its entirety and there is hereby created a new
Chapter 2.78 entitled "Real Property Transactions" to read as follows:
Chapter 2.78
REAL PROPERTY TRANSACTIONS
2.78.010 PURCHASES AND SALES.
(a) The City Council shall approve all purchases of real property and shall surplus as
appropriate and approve all sales of real property by the City.
(b) When disposing of real property, the City may list the property with a real estate
broker, negotiate directly with a prospective purchaser or utilize any other appropriate means to
sell the property.
(c) If the City determines that the real property has value only to an abutting owner of
land because of the size, shape, topography, feature or restriction of the property, the City shall
notify the abutting owner that the property is for sale to allow them an opportunity to submit an
offer to purchase the property and/or to match any offer presented.
(d) Subject to the provisions of this chapter, all real property purchases and sales shall
be pursuant to terms and conditions as approved by the City Council.
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Real Proper02 Transactions
2.78.020 LEASES.
The leasing of real property by or to the City for a term which, including options, exceeds
two (2) years and/or exceeds $10,000 per year, shall require the approval of the City Council.
2.78.030 RIGHT OF WAY ACQUISITIONS.
City Council approval of project budgets or condemnation proceedings for right of way,
easement or other land acquisitions for street or road development or improvements shall
constitute City Council approval for the purpose of BMC 2.78.010.
2.78.040 UTILITY PROPERTY.
Prior to the sale or lease of city public utility real property, the city council shall, by
resolution, surplus and authorize the sale or lease of said property following a public hearing
pursuant to the provisions of RCW 35.94.040.
2.78.050 PARKS PROPERTY.
The sale or lease of parks property as designated in BMC 13.12.020 shall be subject to
the provisions of the Parks Protection Code, Chapter 13.12 BMC.
2.78.060 INTERGOVERNMENTAL SALES AND LEASES.
Prior to the sale or lease of surplus city property having an estimated value of more than
fifty thousand ($50,000) dollars to another governmental entity, the city council shall hold a
hearing following notice pursuant to the provisions of RCW 39.33.020.
2.78.070 RELOCATION.
Pursuant to RCW 8.26.010(2), the City hereby elects not to comply with the provisions of
RCW 8.26.035 through RCW 8.26.115 regarding moving and related expenses when acquiring
property in connection with a program or project not receiving federal financial assistance.
SECTION2. Policy Repealed. City Financial Policy 1-20-03 as set forth in the
Bremerton Policy Manual entitled "Real Property Surplus, Sale and Acquisition ", which
duplicates the provisions of Chapter 2.78 BMC, is hereby repealed in its entirety.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
aft'ect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~ day of ~ ,2004
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Real Property Transactions
PASSED by the City Council the~_jt~ day of I'~J ,2004
DAREN NYGREN, Counct~ President
Approved this ~ day of t/"-'~'~:~Lt~-t '- J~
CARY BOZEMAN, Mayor
ATTES~
PA~L~J~~Ihtehm'city Clerk
PUBLISHED the~ day of ~ ,2004
EFFECTIVE the~day of~ ,2004
ORDINANCE NO.
R:~LEG~XOrdinances~Real Prope~y Tr~sactions.doc
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Real Property Transactions
AFFIDAVIT OF PUBLICATION
No. Ad/4 100102460
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE
SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the
County of Kitsap, in which County it is published and is now and has been for more than six months prior
to the date of the publication hereinafter referred to, published in the English language continually as a
daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was
printed in an office maintained in the aforesaid place of publication of said newspaper; April 26, 2004 and
that such newspaper was regularly distributed to its subscribers during all of said period. That the full
amount of the fee charged for the foregoing publication is the sum of $34.72 which amount has not been
paid in full.
(Signature of Principa~l Clerk)
Subscribed and sworn to before me this day of May 6, 2004.
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4893'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 2.78 of the
Bremerton Municipal Code entitled "Real Property Transactions" and a related City policy and further
adopting a new Chapter 2.78 establishing new procedures for the purchase, sale and leasing of real
property.-
APPROVED by the City Council the 14th day of April, 2004-
PASSED by the City Council the 21 st day of April, 2004-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA
98337.-
April 26, 2004..#100102460-