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Home My WebLink About5379 ORDINANCE NO. 5379 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending provisions of Chapter 2.78 of the Bremerton Municipal Code entitled "Real Property Transactions". WHEREAS, the City Council desires to amend provisions of Chapter 2.78 of the Bremerton Municipal Code relating to City Council approval of purchases and sales of real property and to make related changes;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 amended to read as follows: 2.78.010 PURCHASES AND SALES. (a) Except as otherwise provided in this chapter, Tthe 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.-, except as provided in subsection(e) below. (e) The purchase or sale of real property including easements and the granting or acquisitions of rights-of-way with a purchase or sale cost which does not exceed ten thousand dollars($10,000.00)may be approved by the Mayor or designee and shall not require City Council approval. 2.78.020 LEASES. The leasing of real property by or to the City for a term which, including options, does not exceeds two (2) years ander rent or lease payments which does not exceeds ten thousand dollars ($10,000)per year may be approved by the Mayor or designee and shall not require the approval of the City Council approval. Chapter 2.78 BMC- Real Property Transactions 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-SURPLUSING. 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 dollars ($50,000)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 8.26.115 regarding moving and related expenses when acquiring property in connection with a program or project not receiving federal financial assistance. SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including,but not limited to, the correction of scrivener, clerical,typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. 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 affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. 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. PASSED by the City Council the l day of , :to ._ , 2019. Ida ERIC 0 :%'ER, 'o cil President Chapter 2.78 BMC- Real Property Transactions Approved this 6- day of t oe r , 2019. GRE( EELER, Mayor ATTEST: APPROVED AS TO FORM: A1, Hmeit ANGEL!/. •OVER, City Clerk RO ER A. LUBOVICH, City Attorney PUBLISHED the q+'h day of 100 V e rv1 , 2019. EFFECTIVE the \ h day of PpJem ,Y , 2019. ORDINANCE NO. 5,519 . R:\Legal\Legal\Ordinances\Legal\2019.09.30 BMC 2.78 Real Property Transactions Ordinance3.docx Chapter 2.78 BMC- Real Property Transactions I Kitsap Sun PART OF THE USA TODAY NETWORK i I PROOF OF PUBLICATION I I CITY OF BREMERTON Cl TY OF BREMERTON 345 6 TH STREET SUITE 100 CITY OF BREMERTON, WASHINGTON BREMERTON,WA 98337 ORDINANCE NO. .5379 AN ORDINANCE of the City Council of the City of Bremerton, Washington, STATE OF WISCONSIN,COUNTY OF BROWN amending provisions of Chapter 2.78 of the Bremer- i ton Municipal Code entitled I,being first duly sworn on oath,deposes and says:That I "Real' Property Transac- am now,and at all times embraced in the publication tions herein mentioned was the principal clerk of the printers and ORDINANCE NO. 5380 publishers of KITSAP SUN;that said newspaper has been AN ORDINANCE of the approved as a legal newspaper by the order of the Superior City Council of the City of Court of the Count of Kitsap,in which County it is Bremerton; Washington, Y P. tY amending Sections 2.92.040 published and is now and has been for more than 6 and 2.92.060 of the Bremer- ton Municipal Code relating months prior to the date of the publication hereinafter to the purchase of insurance referred to,published in the English language continually policies, funded self- insurance programs, pooled as a daily newspaper in Bremerton,Kitsap County, coverage and related serv- Washington,a weekly newspaper in Kitsap County, ices,guage and amending Ian- Washington,ton and is now and during all of the said time,was mans relating to claims 9 9 management printed in an office maintained in the aforesaid place of ORDINANCE NO. 5382 publication of said newspaper;that the following is a true text of an advertisement as it was published in regular AN ORDINANCE of the City Council of the City of issues(and not in supplement form)of said newspaper on Bremerton, Washington, the following date(s),to wit:And on amending Sections 15.06.01( and 15.06.015 of the Bremer- ton Municipal Code relating November 9,2019 to utility rates and charges PASSED by the City such newspaper was regularly distributed to its Council on the 6th day of subscribers during all of said period November,2019. The full text of this ordi- Subscribed ands or to before on November 11,2019 Hance available from the City Clerk's Office, 345 Sixth Street, Suite 100, Bre- merton,WA 98337. Nov.9,2019 #3891872 Legal Clerk Notary, tate f I,County of Brown My commission expires Publication Cost:$158.00 S H E L LY H O R A Ad No:0003891872 Customer No: 1239917 N of a,ry Public ' PO#: 5379 State of Wisconsin This is not an invoice