Ogden City Code Section 4-3A-5 (Amending Original 2003 Ordinance)

ORDINANCE NO. 2005-70
DEFINITION OF "SIGNIFICANT PARCEL"

AN ORDINANCE OF OGDEN CITY, UTAH, AMENDING THE OGDEN MUNICIPAL CODE BY AMENDING SECTION 4-3A-5 TO REVISE THE DEFINITION OF "SIGNIFICANT PARCEL" TO EXCLUDE PROPERTIES BEING CONVEYED AS PART OF AN APPROVED HOUSING PROGRAM FROM THE PUBLIC HEARING REQUIREMENT FOR PROPERTY SALES; AND BY PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON PUBLICATION AFTER FINAL PASSAGE.

The Council of Ogden City hereby ordains:

SECTION 1. Section amended . Section 4-3A-5 of the Ogden Municipal Code is hereby amended to read and provide as follows:

4-3A-5: [CONVEYANCE OF CITY REAL PROPERTY:]

A. [Highest And Best Economic Return:]

1. Every sale, lease, encumbrance, or other conveyance of city owned real property shall be made by the mayor, or under the mayor's express written authority. All conveyances or encumbrances of such property shall be based on the highest and best economic return to the city, except that consideration for property conveyed may be based on other public policy factors if the city council makes a legislative determination that the consideration is adequate.

2. The highest and best economic return to the city, as referred to in this article, shall be for cash, or its equivalent, and for not less than fair market value as estimated by one or more of the following methods:

a. Evaluation by qualified and disinterested appraiser; or

b. An information market survey conducted by the director of management services, or under his/her express written authority, in the case of items of real property possessing readily discernable market value.

3. The mayor may reject any proposed conveyance or encumbrance of real property, if determined in the mayor's sole discretion not to be in the best interests of the city.

B. [Public Uses; Planning Commission Review:] The sale of any public use property owned by the city shall not be sold if such conveyance would not conform with the Ogden City general plan, and any proposed conveyance of such property shall be reviewed by the planning commission for its determination as to such compliance. The planning commission may adopt guidelines authorizing staff review of such conveyances for compliance with the plan. For purposes of this section, "public use property" includes any real property:

1. Acquired, dedicated, or used as a park, recreation facility, public street, trail, trailhead, or other public way;

2. Acquired, dedicated or used for the delivery of municipal services to the public;

3. Associated with, or contiguous to, the municipal block, the Ogden City cemetery, the El Monte and Mount Ogden golf courses, the community services building, the Marshall White center, the Ogden-Hinckley airport, the public safety building, the public works complex, Union Station, and the intermodel hub; and

4. Within one hundred feet (100') of the Ogden River or the Weber River or undeveloped property located in the foothills along the eastern boundaries of the city.

"Public use property" shall not include property acquired by the city for a specific project or purpose involving the future conveyance of such property to a third party for other than a public use.

C. [Disclosure To City Council And Opportunity For Public Comment:]

1. Before any sale, lease, trade or other encumbrance of any "significant parcel" of real property of the city, as defined herein, the mayor shall deliver a notice of the pendency of such transaction to the office of the city council and allow an opportunity for public comment on the proposed disposition at a public hearing, after fourteen (14) days' notice in a newspaper of general circulation in the city.

2. For purposes of this subsection, "lease" shall not include the rental of property on a month to month basis or for a term of less than one year. "Lease" shall also not include airport leases governed by the provisions of title 8 of this code.

3. For purposes of this subsection, "significant parcel" means:

a. "Public use property" as defined in subsection B of this section;

b. A parcel of real property, or a combination of contiguous parcels, having an appraised or estimated value in excess of seventy five thousand dollars ($75,000.00); or

c. A parcel of real property, or a combination of contiguous parcels, having a size in excess of one acre.

4. "Significant parcel" shall not include:

a. "DDOU property", as defined in section 4-3A-7 of this article, or property in the Ogden commercial and industrial park as provided in subsection E of this section; or

b. Property being conveyed as part of the following programs so long as such properties would not otherwise be considered to be "public use property" as defined in subsection B of this section:

(1) Infill Housing Program,

(2) Homestead Program,

(3) East Central Revitalization Program,

(4) HUD Asset Control Area Program,

(5) Twenty-fifth Street Infill Program, and

(6) Any other federally funded program for which the City Council has adopted program guidelines.

5. The public hearing requirement imposed herein is not intended to apply if the conveyance is subject to a different notice and public hearing requirement under the provisions of state law or these ordinances.

D. [Notice:] The notice required in subsection C of this section shall specify the following:

1. A general description of the property to be conveyed or encumbered;

2. The nature of the proposed conveyance or encumbrance whether the property is to be sold, traded or encumbered, including the nature of the conveyance if the property is to be sold, or if a trade or lease of property is contemplated, a brief summary of the proposed transaction;

3. Persons to whom interests are to be conveyed;

4. Any consideration tendered;

5. The name of the person, department or entity requesting such action; and

6. The date, time and place of the public hearing.

E. [Exception:] The sale of city owned lots within the Ogden commercial and industrial park, as such park has been subdivided and recorded in the official records of Weber County, state of Utah, is exempt from the requirements of this subsection and subsections C and D of this section, provided any such lot sale is for the established market value price as periodically reviewed and established by city administration, such sales are made subject to outstanding industrial park protective covenants, and are for lots properly subdivided in accordance with applicable city ordinances. Any proposed sales of city owned industrial park lots desiring a discount from the established market value price, requesting seller assisted financing via installment sale, second mortgage position, or any other form of incentive from the city shall require notification to the city council in accordance with subsections C and D of this section.

F. [Sales Proceeds:] The sale proceeds, less closing costs and real estate commissions, from lot sales within the Ogden commercial and industrial park shall be deposited into the city's CIP account and shall be earmarked for payment of outstanding purchase obligations of the city for park property (the Stratford property), park infrastructure improvements, and acquisition of additional park property.

SECTION 2. Effective date. This ordinance shall be effective immediately upon publication after final passage.

PASSED, ADOPTED AND ORDERED PUBLISHED by the Council of Ogden City, Utah this 6th day of December , 2005.

/s/ Rick Safsten

CHAIR

ATTEST:

/s/ Gloria J. Berrett

CITY RECORDER

TRANSMITTED TO THE MAYOR ON: December 9, 2005

MAYOR'S ACTION: X Approved  Vetoed

/s/ Matthew R Godfrey

MAYOR


ATTEST:


/s/ Gloria J. Berrett

CITY RECORDER



PUBLICATION DATE: December 21,2005


EFFECTIVE DATE: December 21,2005


APPROVED AS TO FORM: AL November 8, 2005
Legal Date

* The headings, catchlines or catchwords suggested for use in the Ogden Municipal Code and which are bracketed at the beginning of sections or subsections, shall not be considered to be a part of the ordinance adopted herein.