[Ord. No. 3408 §1, 2-25-2009; Ord. No. 4038 §1, 11-14-2016; Ord. No. 4312, 9-23-2019]
A. There
is hereby established a program for land donations to be overseen
by the City Administrator or his/her designee, the purpose of which
shall be to undertake and maintain a survey of available open space
and, in conjunction with other entities, actively solicit the donation
of land, or interests in land, to preserve open space within the City.
B. After completion of due diligence delineated in Subsection
(C)(2) below and upon approval by the Board of Aldermen by ordinance, the City may enter into a contract for the donation of land or of an interest of land.
C. Prior
to the City entering into any agreement for the donation of land or
an interest in land, the City Administrator, assisted by the City
Attorney, shall prepare a report which shall be presented to the Board
of Aldermen at least ten (10) days prior to final approval of any
ordinance to approve a donation. The report shall, at the minimum,
contain the following:
1. Verification of ownership and title, including any easements or encumbrances
on the property;
2. Phase 1 environmental report and such additional environmental due
diligence as deemed necessary by the City Attorney;
3. Commitment for title insurance;
4. Clear summary of any conditions being placed on the donation to the
City by the donor; and
5. Statement of anticipated costs over the next five (5) years of City
ownership including, but not limited to, fencing, maintenance, insurance,
landscaping, utilities and security.
D. In
advance of any donation, the City may agree in writing to pay for
certain costs which may be incurred by a donor in association with
a donation, including reasonable legal fees relating to the drafting
of estate planning documents, conservation easements, donation agreements
or other similar legal documents.
E. In
implementing the land donation program, the City shall at all times
follow the Missouri laws relating to open meeting and public records,
provided however, to the extent allowed by said laws for real estate
transactions, the City shall maintain confidentiality and may enter
into a confidentiality agreement with any prospective donor.
F. As
part of any donation, the City shall arrange for appropriate recognition
to the donors, consistent with the wishes of the donors.