[Ord. No. 1909, 3-5-1985]
1. 
Pursuant to the provisions of ORS 221.725, prior to the sale of any interest in real property the City is required to hold a public hearing and consider various aspects of the sale. ORS 221.727 alternatively permits the establishment of a procedure for the sale or transfer of any interests in real property of an identified class instead of holding a public hearing on each individual transaction. Section 20 of the Lake Oswego Charter vests in the City Manager the power to conduct real property transactions only after receiving specific authorization from the City Council. It is the purpose of LOC §§ 12.24.950 - 12.24.970 to establish the process allowed by ORS 221.727 and to vest in the City Manager the authority to transfer the City’s interests in certain classes of City owned property or property interests.
2. 
For purposes of LOC §§ 12.24.950 to 12.24.970 the following definitions apply:
CITY MANAGER
Is the City Manager or any person designated by the City Manager for purposes of carrying out the duties required of such person.
PUBLIC UTILITY EASEMENT
Is an interest in real property which is held by or granted to the City or the public for the limited purpose of allowing installation, construction and/or maintenance of public utility facilities.
[Ord. No. 1909, 3-5-1985]
1. 
Any person or persons holding fee title to real property which is subject to a public utility easement may request the transfer of or modification of the easement by the City. The City Manager will rely on the records of the County Assessor’s Office to determine the holder of fee title. Notwithstanding the Assessor’s records, the City Manager may rely on competent evidence that some other person or persons hold fee title. A contract purchaser or someone with equitable interest alone in the property may not request the transfer or modification.
2. 
The City Manager may establish a fee to be charged for the processing of the application.
3. 
The applicant shall submit information requested by the City Manager that the Manager finds necessary or helpful in making a determination on the application.
[Ord. No. 1909, 3-5-1985]
The City Manager shall consider whether granting the request is in the best interests of the City. Relevant factors to be considered include, but are not limited to:
1. 
The need of the City or a utility provider for the public utility easement or any portion thereof.
2. 
Existing utility facilities within or near the easement.
3. 
Future plans for development or for extension of utility services within or near the easement.
4. 
Topography and lateral support of the easement and of surrounding area.
5. 
Development proposals for the applicant’s property or any nearby property.
6. 
Appropriate consideration to be provided in exchange for the transfer.
[Ord. No. 1909, 3-5-1985]
1. 
If the City Manager is satisfied after consideration of relevant factors and the best interests of the public that there is no need to retain all or a portion of the public utility easement, the City Manager may transfer the easement, or a portion thereof, by quit claim deed only. The City Manager may transfer the property interest conditioned upon the satisfaction of conditions under which the public interest may be better served.
2. 
If the City Manager’s decision is to grant the request, then no written decision is required. If the City Manager’s decision is to deny, modify or condition the request, then the applicant shall be advised in writing of the reasons for the denial, modification or conditions.
[Ord. No. 1909, 3-5-1985]
1. 
Only the applicant may appeal a decision of the City Manager to the City Council. A decision of the City Manager shall be final for purposes of appeal, unless a written notice of appeal from the applicant is received by the City Recorder within fifteen calendar days of the date of the City Manager’s written decision. The notice of appeal must specify the reason the applicant contends the decision of the City Manager is inappropriate or incorrect. Failure of the applicant to follow the procedures described in this section shall preclude that person from bringing an appeal before the Council.
2. 
The City Council shall hold a hearing for purposes of reviewing the matter. Notice of hearing shall be mailed to the applicant at least 10 calendar days prior to the hearing. The Council shall consider the decision of the Manager and any new information supplied by the applicant and the Manager and shall be guided by the factors set forth in LOC § 12.24.960 in reaching its decision. The Council may affirm, reverse or modify the decision in any manner, or remand the matter to the City Manager.
3. 
The Council shall within a reasonable time after the hearing make a final decision which shall be set forth in a written order which contains the basis for the decision.