[HISTORY: Adopted by the City Council of the City of Saco: Art. I, 11-18-1996. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 186.
As used in this article, the following terms shall have the meanings indicated:
- CITY-OWNED PROPERTY
- Includes land or buildings in which the City possesses the fee interest, including any land or buildings which the City legally acquires by foreclosure of tax or sewer liens.
Initiation. All requests for the City to consider selling any City-owned property, whether initiated by any City official or by a member of the general public, shall be submitted to the City Administrator in writing and shall specify the parcel by reference to its Tax Map and lot number. If from the general public, the application shall include the name, postal address and telephone number of the applicant and shall state the purpose for which the land is proposed to be used (if the applicant is a prospective purchaser).
Evaluation. The City Administrator shall refer such requests to the Planning Board for evaluation and a report to the City Council.
All City-owned property shall be evaluated with regard to its present or potential usefulness to the City for streets, sewers and drains, for public buildings, for economic development purposes, for parks and natural areas or for other municipal and community uses. Factors to be examined shall include land area, overall shape, minimum dimensions, soil characteristics, slope, drainage, potential for flooding, the presence of wetlands, its potential for correcting neighborhood problems such as failing septic systems, road frontage, character of surrounding properties, economic development possibility, whether it is contiguous to other City land, future usefulness to the overall traffic circulation needs of the City and other features, as well as whether any easements should be retained across the property if it is to be sold.
The Planning Board shall seek written comments on each parcel by the City Administrator, City Planner, Treatment Plant Superintendent, Code Enforcement Officer, Assessor, Finance Director, Public Works Director, Parks and Recreation Director, City Solicitor, Economic Development Director, the Conservation Commission and, if the property has commercial potential, the Economic Development Commission.
The Planning Board shall integrate all of the comments submitted by the above-named City officials and shall prepare a written report to the Mayor and Council with its own recommendations.
The Council shall review the report submitted by the Planning Board and any recommendation by the City Administrator and, at that point, may decide to retain the property. If the Council decides to retain a property, it may wish to consult with the City Attorney about title. If the Council has an interest in selling a City-owned property, it shall conduct a public hearing on the request to sell before any decision is taken to sell City-owned property. Written notification of the hearing shall be mailed, at least 10 days in advance, to all property owners within 200 feet of the perimeter of the subject parcel, and an advertisement shall be placed in a newspaper of general circulation at least seven days before the hearing.
Decision and offer for sale. If the Council decides to offer any City-owned property for sale, after following the above procedures the Council shall determine the method of sale, whether by sealed bid, sealed request for proposals, auction, by negotiation with the previous owner or by contract with a real estate broker at predetermined prices for such real estate and real estate interests. The City Council may make a determination that City-owned business and industrial property shall be sold by alternative means, such as by contract with a commercial real estate broker, negotiated sale or the procedure outlined for industrial park sales in Chapter 4, Administrative Code, § 4-35F(6). Regardless of the method of sale, notice shall be sent to all abutters.
In evaluating the proposals to purchase, regardless of the method of sale, the City Council may consider factors such as annual property tax generation, job creation, economic benefit, price, environmental benefit or detriment, proposed land use, community need or neighborhood benefits when awarding the sale. The Council may set any reasonable conditions on future use of the land, through deed restrictions, to ensure that the property will be used in the best interests of the City.
The City Council may also contribute City-owned property for nonprofit community use or for economic development projects.
Proceeds. Proceeds from the sale of tax-acquired properties shall be applied to the balance of the unpaid taxes and sewer user fees, interest and lien fees for the property. Any additional funds received will be deposited as directed by the Council. For properties not acquired through foreclosure, the proceeds shall be directed to a capital project account, the Economic Development Fund or the general fund, as directed by the Council.