[HISTORY: Adopted by the City Commission of the City of Royal Oak 2-29-1932
by Ord. No. 266. Amendments noted where applicable.]
[Amended 3-18-1940 by Ord. No. 379]
The term "abandoned tax lands" as used herein shall be deemed to include
all lands which have been conveyed to the City by the State of Michigan in
accordance with the provisions of Act No. 50 of the PA of 1931.[1] The word "City" herein shall mean the City of Royal Oak, Michigan.
The "Clerk," "Commission," "Assessor," "City Treasurer" and "City Attorney"
shall be deemed to mean the respective officers of said City. The term "county"
shall be deemed to mean Oakland County, Michigan, and "County Treasurer" and
"Chairman of the Board of Supervisors" shall mean the respective officers
of said county.
[1]
Editor's Note: Act No. 50, PA of 1931 was repealed by Act No. 234,
PA 1941.
[Amended 3-18-1940 by Ord. No. 379]
All abandoned tax lands shall be held by the City until the same can
be advantageously sold or otherwise disposed of and shall be deemed held for
public purposes.
It shall be the duty of the Clerk to report to the Commission the receipt
of all deeds for abandoned tax lands deeded to the City in accordance with
the provisions of Act No. 50, PA. 1931,[1] and thereafter the Clerk shall record all such deeds as soon as
practicable in the office of the Register of Deeds of Oakland County, Michigan.
[1]
Editor's Note: Act No. 50, PA of 1931 was repealed by Act No. 234,
PA 1941.
The Clerk shall likewise report all said lands for which deeds have
been received to the Assessor, and such lands shall thereafter be exempt from
taxation so long as they remain unsold.
[Amended 10-28-1935 by Ord. No. 295; 3-18-1940
by Ord. No. 379]
All lands deeded to the City shall be appraised by an Appraisal Board
to be appointed by the Commission, consisting of three members to be appointed
at the first meeting in January of each year and who shall serve for a term
of one year or until their successors are appointed and qualified. The members
of the Appraisal Board shall be residents and citizens and may be officials
of the City and shall serve as such without compensation. It shall be the
duty of the Appraisal Board to carefully examine for appraisal all abandoned
tax land, fix a minimum price therefor and report such appraisals to the Commission
as soon thereafter as practicable. Reappraisals of any or all of said lands
may be ordered by the Commission at any time.
[Amended 3-18-1940 by Ord. No. 379]
It shall be the duty of the Director of Finance of the City to ascertain
the total amount of outstanding taxes and special assessments against each
parcel of tax abandoned lands as shown by the records of the various tax collecting
officials together with all accrued interest and penalties thereon and report
to the Commission the total amount due on each parcel. The Manager shall cause
the descriptions of said parcels to be checked by the Engineering Department,
and if any descriptions are found to be erroneous or imperfect such fact shall
be reported to the Commission.
[Amended 10-28-1935 by Ord. No. 295; 3-18-1940
by Ord. No. 379]
As soon as practicable after receiving the foregoing information, the
Commission shall fix a minimum sale price on any or all parcels of tax abandoned
lot except such parcels as are set aside for parks, playgrounds, streets or
other public grounds, or otherwise withheld from sale. In any case where such
minimum price is less than the total amount of taxes and assessments against
the parcel, application shall be made to the Chairmen of the Board of Supervisors
for said officer's approval. A schedule of all lands offered for sale with
the description and location thereof shall be made a matter of permanent record
and a copy furnished the Director of Finance, City Attorney and City Manager.
Copies shall also be furnished any person interested for the sum of $1 per
copy. The Commission may by resolution withhold any lot or parcel of abandoned
tax lands from sale and dedicate the same to a specific public or municipal
purpose.[1]
[1]
Editor's Note: Original Section 8, regarding auctions, which previously
followed this section, was repealed 10-28-1935 by Ord. No. 295.
[Amended 10-28-1935 by Ord. No. 295; 8-13-1951
by Ord. No. 651]
The Commission may sell any parcel of abandoned tax lands at any time
at not less than the minimum price as last determined. Such lands may be sold
at either public or private sale at not less than the minimum price. In case
of public sale, such sale may be made either at public auction or on sealed
bids. In case of sale on bids, the bids shall be opened at a public meeting
of the Commission, and the Commission shall reserve the right to reject any
and all bids. Each bid shall be accompanied by cash or certified check to
the amount of 5% of the bid. If sold at public auction, the highest bidder
must comply with the terms of the auction and must make a deposit of at least
5% of the purchase price upon acceptance of his bid. In case any sale at auction
or on bids is not completed, the purchaser shall forfeit the amount of his
deposit. If no bids are received, or in case the Commission deems it of advantage
to the City, it may sell any parcel or group of parcels of abandoned tax lands
at private sale, provided that public notice is given as hereinafter provided,
but such notice will not be required for the sale of a single parcel which,
by reason of size, shape or location, is unsuitable for general purposes and
is appraised at less than $500. Notice of any sale of said lands at public
sale by auction or otherwise shall be made by publishing same in a newspaper
of said City once each week for two successive weeks within the 60 days prior
to date of sale, which notice shall contain a description of the premises
to be sold and the minimum price for each parcel.
[Amended 10-28-1935 by Ord. No. 295; 3-18-1940
by Ord. No. 379; 8-13-1951 by Ord.
No. 651]
The City Commission shall prescribe the terms and conditions upon which
any abandoned tax lands shall be sold. Any parcels sold on sealed bids or
public auction shall be awarded to the highest responsible bidder unless all
bids are rejected. Such lands may be sold either for cash or upon contract.
In case of sale on land contract, the down payment shall be at least 20% of
the selling price and at least sufficient to pay the state's share of delinquent
taxes on the lands sold; the remainder of the purchase price shall be payable
upon such terms and at such rate of interest as may be prescribed by the Commission,
provided that no assignment of the purchaser's right under said contract shall
be valid unless a copy of said assignment is filed with the City Clerk. Any
failure of the purchaser on contract to carry out the terms of the contract
shall forfeit the purchaser's right to receive a conveyance of the premises
sold and any payments made prior to said failure. Any lands sold on contract
and forfeited by the failure of the purchaser to carry out the terms of his
contract may be resold upon such terms and conditions and at such price as
may be determined by the Commission. All payments due on contracts for the
sale of such lands shall be made to the City Treasurer and reported to the
Director of Finance, who shall keep a record of such payments and the balance
due thereon. The Director of Finance shall give written notice of any delinquency
in payments to the City Attorney within 60 days after said delinquency occurs.
[Amended 3-18-1940 by Ord. No. 379; 8-13-1951
by Ord. No. 651]
It shall be the duty of the City Attorney to prepare proper land contracts
and deeds of conveyance for abandoned tax lands sold as aforesaid, which contracts
and deeds shall be executed on behalf of the City by the Mayor and Clerk.
The City may furnish an abstract of title from the date the City received
title, or a policy of title insurance to the purchaser. No deed shall be delivered
to the purchaser until the purchase price is fully paid.
[Amended 8-13-1951 by Ord. No. 651]
It shall be the duty of the City Clerk to make a report to the Auditor
General of each sale as required by Section 131 of the General Property Tax
Law (7.188 MSA) as now provided or as hereafter amended.
[Amended 3-18-1940 by Ord. No. 379]
The Commission shall have the preferred right to purchase at the minimum
price any of the abandoned tax lands for municipal purposes. In such case
the Commission shall appropriate and pay into the abandoned tax land fund
the amount of such minimum price, to be apportioned in the same manner as
other moneys in said fund; likewise the Commission may sell to the Board of
Education of the School District of the City of Royal Oak any of said abandoned
tax lands at the minimum price to be used by said Board for school purposes.
[Amended 10-28-1935 by Ord. No. 295; 3-18-1940
by Ord. No. 379; 8-13-1951 by Ord.
No. 651]
The Commission may, by resolution, change the minimum price of any parcel
or parcels of abandoned tax lands if it deems such change advisable and may
authorize the publication of the changed price in a newspaper having general
circulation in the City of Royal Oak.
If, at any public auction or public sale on bids of abandoned tax lands,
any such lands remain unsold either by reason of failure to receive bids or
because the bids received are unsatisfactory, the Commission may at any time
thereafter offer and sell all or any part of such lands at either public or
private sale at not less than the minimum price.
[Amended 8-13-1951 by Ord. No. 651]
All moneys received from the sale of abandoned tax lands shall be deposited
in the City Treasury of the City of Royal Oak in a separate fund, to be known
as "Abandoned Tax Land Fund," and until apportioned shall belong to the City
of Royal Oak, the School District of the City of Royal Oak, the County of
Oakland and the State of Michigan, according to their respective interests
as shown by the records of said offices. Such money shall be accounted for
in accordance with Section 131 of the General Property Tax Law of Michigan
as now enacted, or as it may hereafter be amended. If the amount received
for the sale of any one parcel shall exceed the amount of all taxes against
said parcel, such excess shall belong to the contingent fund of the City.
On or before the 15th day of April in each year, the Clerk shall report
to the Assessor all parcels sold as hereinbefore provided, giving the correct
description of each parcel sold and the name of the purchaser. The Assessor
shall thereupon place said parcels of land on the assessment roll for the
ensuing year and shall assess the property as other real estate in the City
is assessed.
