[Adopted 9-23-1996 by L.L. No. 8-1996]
The City of Batavia shall seek to sell or lease
property it owns to individuals who will enlarge the tax base, create
jobs or improve the quality of life. Also, the City of Batavia shall
actively dispose of any properties deemed to be of no interest to
the City or for which no future plans are anticipated or projected.
As used in this article, the following terms
shall have the meanings indicated:
Shall include any and all realty owned by the City, regardless
of how it was acquired, with the exception of parks.
The City Manager shall have his staff prepare
a list of all property that it owns, except parks, to review and determine
the most appropriate disposition of each parcel. The list will provide
information regarding the property's Tax Map number, address, zoning,
dimension, size and assessed value. In addition, the list will include
a recommendation from the City Manager and his staff regarding the
best method of disposition for each parcel. Recommendations for disposition
could be any of the following: auction, market sale or lease, retain
for public use, or market sale or lease with performance criteria
attached.
[Amended 6-25-2001 by L.L. No. 1-2001]
The disposition list will be reviewed as needed
by the City Council for their recommendations and final approval.
At this time, Council shall authorize, by a vote of 2/3 of the whole
number of Council, disposition of recommended for sale or lease properties
on the list by way of a resolution. The City Manager shall seek to
actively dispose of those properties by the recommended method in
each case.
The City Council shall have the final authority
to accept or reject any offers for City-owned property based on the
disposition list. Before the sale or lease of City properties, the
Council shall, by a vote 2/3 of the whole number of Council, have
a resolution to discontinue public use of those properties. If the
City Council accepts an offer, the President of the Council shall
be authorized forthwith to execute and deliver on behalf of the City
to the offeror in the case of an offer to purchase realty a quit claim
deed, which deed shall have the Seal of the City affixed thereto;
and a written lease for a term determined by the Council in case of
an offer to lease City realty which shall also be executed by the
President of the Council. If the City Council rejects the offer, the
City shall have the right at any time thereafter to offer the same
parcel of property for public sale or lease.
A.
Undeveloped properties.
(1)
Those City-owned properties rated as having no practical
use to the City, with an assessed value below $15,000, shall be auctioned
off immediately.
(2)
All purchases or leases of land recommended for market
sale on the disposition list, with the exception of those auctioned
off, shall require a development proposal.
(3)
Development proposals shall be reviewed by the City
Manager and appropriate City departments and assessed as either satisfactory
or unacceptable. Assessment criteria for proposals could be based
on the following: quality of the proposal, a developer's experience
in completing similar projects, a developer's ability to provide financial
resources to complete the project, the proposal's consistency with
the City's Master Plan or Strategic Plan and any other information
that may establish the developer's ability to complete a successful
project.
(4)
Before offering exclusive negotiating rights to an
individual(s) with satisfactory development proposals, the City Manager
shall publish a public notice of said proposal and establish a time
period for other developers to make alternative offers.
(5)
Development programs shall be negotiated by the City
Manager to include a timetable for negotiation and construction and
a clause which provides for a reversion of all interest in the property
to the City should development timetables not be met. Title to a City-owned
property shall not transfer until the applicant's development plan
has been reviewed and given formal approval by all applicable City
agencies/boards. In addition, a prospective purchaser of the land
must establish to the satisfaction of the City Manager that necessary
financing is in place, and a development schedule shall prescribe
in advance a timetable by which a plan for development must be submitted
to the City, said timetable to be determined based upon the individual
needs and/or demands of an individual property.
(6)
In some instances where irregular or inadequately
sized parcels of City-owned land exists, the City Manager may sell
to an individual(s) whose properties adjoin a particular parcel of
land. The price of any such sale shall be determined by an independent
professional appraisal obtained by the purchaser. Such sale shall
also be subject to the requirements that said parcel of land be merged
with the title of the adjacent property.
(7)
Where there is a strong showing of competitive developer
interest for a large or unique parcels, land shall be sold employing
a request for proposal process. A price shall be obtained from a licensed
independent appraiser prior to the negotiation stage.
B.
Developed properties.
(1)
Improved property may be sold or leased either by
competitive sale or by a market, the price to be derived and the actual
sale to be developed by an established licensed independent appraiser.
(2)
Improved property shall be sold with a stipulation
that the property be rehabilitated to code standards within a time
prescribed by the City Manager, but no later than 18 months from the
date of sale.
C.
Sale to nonprofit and development agencies. When deemed
in the best interest of the City, the City Manager may authorize the
direct sale of City-owned properties to a nonprofit agency situated
and/or doing business in the City of Batavia, whose role it is to
promote and enhance the quality of life for the citizens of the City.
Such agencies may include, but not be limited to the Batavia Development
Corporation (BDC), Genesee County Industrial Development Authority
(GCIDA) and others. The City may sell this property in accordance
with an appraised value of said parcel. The City Manager may waive
strict compliance with this requirement when the sale of such land
is deemed in the best interest of the City.
D.
Other. The City may in its discretion decline to sell
or receive a bid on any parcel of land or property to any individual
and/or business which the City may determine does not qualify as a
responsible property owner. Such factors it may consider shall include,
but not be limited to, the history of such persons or businesses or
any affiliate of such persons of maintaining their property in good
condition and repair; of timely paying taxes; of cooperating with
the City, state and/or code and/or law enforcement agencies related
to the operations of their property and/or business; and the like.
The cost of any independent appraisal required
by the City as set forth herein shall be paid by the proposed developer
or purchaser, and the City by the City Manager reserves the right
to choose or approve the independent appraiser to be used.
Upon the direction of the Council to the Clerk-Treasurer
to sell the City realty at public sale, the Clerk-Treasurer shall
forthwith cause a notice of sale to be published once a week for three
successive weeks in the official newspaper of the City. In offering
any property for public sale, the Council may impose such terms and
conditions upon said sale as it deems reasonable and appropriate under
the circumstances. Such notice shall contain the following information
and be in substantially the following form:
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NOTICE OF SALE OF CITY REALTY pursuant to a
resolution of the Council of the City of Batavia adopted at a meeting
thereon on the ______ day of ______________, _____. The Clerk-Treasurer
of the City of Batavia, New York, will offer for sale and sell at
public auction to the highest bidder therefor, in the Council Chamber
at the City Hall in the City of Batavia, N.Y. on the (insert date
at least 21 days after date of first publication), at 10:00 a.m. in
the forenoon of that day, the following described City realty: (here
insert brief description of realty to be sold). Said sale is made
subject to the following conditions: (here insert conditions imposed
by City Council.)
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Twenty-five percent of the purchase money of
said premises must be paid to the said Clerk-Treasurer at the time
and place of sale, for which the Clerk-Treasurer's receipt will be
given.
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The residue of said purchase money must be paid
to the said City at the Clerk-Treasurer's office in the City Hall
21 days after the auction, upon the delivery of a deed by the City.
No notice will be sent to the purchaser; and if he or she neglects
to call for his or her deed during office hours at the office of the
Clerk-Treasurer on the 20th day after the sale he or she will forfeit
to the City the aforesaid 25% of the purchase money if the sale is
approved and confirmed as hereinafter stated.
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The sale shall not be valid or effective until
approved and confirmed by the Council by majority vote within 20 days
after the sale.
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Dated at Batavia, NY the ____ day of _______________,
____
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_________________________________
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Clerk-Treasurer of the City of Batavia, New
York
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The Clerk-Treasurer shall at the time and place
stated in the notice of sale conduct the sale and sell to the highest
bidder, subject to the terms in the notice of sale, the City realty
described in said notice. At the first Council meeting after the sale
the Clerk-Treasurer shall inform the Council of the result thereof.
Such sale shall become valid and effective upon
the approval of the same by the Council by majority vote. Upon such
approval the President of the Council shall forthwith execute and
acknowledge in behalf of the City, for the purchaser, a quit claim
deed of the property sold. The President of the Council shall cause
said deed to be delivered to the purchaser at the Clerk Treasurer's
office in the City Hall on the 20th day after the sale upon receipt
of the balance of the purchase money by the City by certified check
or bank draft.
Notwithstanding anything contained in this article
to the contrary, the City of Batavia may lease any City-owned realty
to another municipality for a public purpose, without necessity of
public auction bid or newspaper notice, by an affirmative vote of
2/3 of the whole number of the Council.
