Anderson 

AN ORDINANCE TO AMEND THE CITY OF ANDERSON CODE OF ORDINANCES PERTAINING TO CHAPTER 11.04.

BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF ANDERSON, ALASKA, THAT:

Section 1.                    This ordinance is of permanent nature and shall become a part of the City Code upon adoption and ratification.

Section 2.                    Chapter 11.04 is hereby amended as follows:

                                    11.04.060        Disposal of Real Property

11.04.060 A.  Delete “or resolution”

11.04.060 B.  Delete “or resolution”

11.04.070        Methods of Disposal

11.04.070 A.  Delete “or resolution”

11.04.070 A. Insert “All land disposals shall be advertised for a minimum of 1 year prior to disposing of land for economic development.”

11.04.070 C (2)  Delete “or resolution”

11.04.070 C Disposal for public services change to 11.04.070 D.

11.01.070 D.  Delete “or resolution”

11.04.070 D  Disposal for economic development change to 11.04.070 E.

11.04.070 E.  Delete “local trade or industry and insert “local development and job creation, delete “without seeking bids” and “or resolution””

11.04.070 E (1)  Delete “local trade or industry”and insert “local development and job creation”

11.04.070 E (2) Delete “ A requirementthat the conveyance of the property or property interest disposed of shall include a condition that title will revert to the municipality in the event the property is no longer used for the local trade or industry justifying the disposal.” And Insert “A finding that the sale for an amount other than fair market value is in the best public interest. “

11.04.070 E (3)  Delete “Any other requirements that the city council deems appropriate to advance the local trade or industry.” And Insert “A statement of the facts on which the finding was based on.”

11.04.070 E (4)  Insert “The period of time which the offer may be accepted. “

11.04.070 E (5)  Insert “A requirement that the conveyance of the property or property interest disposed of shall include a condition that requires substantial improvements.  An appraisal will be required within two years of the conveyance date.  The appraisal minimum amount shall be set by the city council and will not exceed twice the amount of the fair market value of the commercial improvements of the property prior to conveyance,  The fair market value may be determined by appraisal or the city council may accept an estimated market value as determined by a Real Estate Professionals.  A monthly service fee of 1% of the fair market value at the time of conveyance shall be applied and paid to the city in the event that the appraised value is not achieved in the aforementioned two years and will continue until the terms are satisfied.  The applicant will not be allowed to give away, sell, lease or convey the property until the substantial improvements are completed.”

11.04.070 E. (5) Delete “The appraisal minimum amount shall be set by the city council and will not exceed twice the amount of the fair market value of the commercial improvements of the property prior to conveyance,”

11.04.070 E. (5) Insert “If the city council deems that the developer has not met the terms of their contract.”

11.04.070 E. (5) Delete “or the city council may accept an estimated market value as determined by a Real Estate Professionals.”

11.04.070 E. (5) Insert “by a certified appraiser.”

11.04.070 E. (5) Insert “If the valuation is challenged than the challenger must pay for the appraisal costs. City council will then average the two appraisals for new valuation.”

11.04.070 E (6)  Insert “All applicants or offers received shall be submitted to the city council, which shall have the right to accept any offer it deems will be in the best interest of the city or its inhabitants and may reject all other or to reject all offers.  Applications or offers will contain the minimum of the following:

            a.  Business Plan

            b.  Conceptual Plan

            c.  Intent from financial institution

            d.  Schedule of construction”

11.04.070 E. (6) Insert “e. Total cost of project”

11.04.070 E. (7)  Insert other requirements that the city council deems appropriate to advance local development and job creation.”

11.04.070 E.  Miscellaneous disposals change to 11.04.070 F

11.04.070 F (2)  Delete “or resolution”/

11.04.070 F (3) Delete “A requirement that the conveyance of the property or property interest disposed of include a condition that title will revert to the municipality in the event the property is no longer used for the purpose for which it is being disposed of:” and insert “A statement of the facts on which the finding was based.”

11.04.070 F (4)  Insert  “The period of time which the offer may be accepted.”

11.04.070 F (5)  Insert “A requirement that the conveyance of the property or property interest disposed of shall include a condition that requires substantial improvements.  An appraisal is required within three years of the conveyance date.  The appraisal minimum amount shall be set by the city council and will not exceed twice the amount of the fair market value of the commercial improvements of the property prior to conveyance,  The fair market value may be determined by appraisal or the city council may accept an estimated market value as determined by a Real Estate Professionals.  A monthly service fee of 1% of the fair market value at the time of conveyance shall be applied and paid to the city in the event that the appraised value is not achieved in the aforementioned two years and will continue until the terms are satisfied. The applicant will not be allowed to give away, sell, lease or convey the property until the substantial improvements are completed”

11.04.070 F (6)  Insert “All applicants or offers received shall be submitted to the city council, which shall have the right to accept any offer it deems will be in the best interest of the city or its inhabitants and may reject all other or to reject all offers.  Applications or offers will contain the minimum of the following:

            a.  Business Plan

            b.  Conceptual Plan

            c.  Intent from financial institution

            d.  Schedule of construction”

11.04.070 F. (6) Insert “e. Total cost of project”

11.04.070 F. (6) Delete “The appraisal minimum amount shall be set by the city council and will not exceed twice the amount of the fair market value of the commercial improvements of the property prior to conveyance,”

11.04.070 F. (6) Insert “by a certified appraiser.”

11.04.070 F. (6) Delete “or the city council may accept an estimated market value as determined by a Real Estate Professionals.”

11.04.070 F. (6) Insert “If the valuation is challenged than the challenger must pay for the appraisal costs. City council will then average the two appraisals for new valuation.”

11.04.070 F. (7)  Insert other requirements that the city council deems appropriate to advance local development and job creation.”

11.04.070 F Disposal to settle claims of equitable interest change to 11.04.070 G

11.04.070 G Delete “or resolution”

11.04.070 G  Disposal for residential purposes change to 11.04.070 H

11.04.070 H Delete “or resolution”

11.04.100 1 Delete “or resolution”

11.04.110 Insert “Fair Market Value”  “Fair market value is the price that property would sell for on the open market.  It is the price that would be agreed on between a willing buyer and a willing seller, which neither being required to act, and both having responsible knowledge of the relevant facts.

11.04.110 (Substantial Improvement) Delete “A major change or addition to land or property that makes it more valuable.”

11.04.110 (Substantial Improvement) Insert “Completion of 75% of conceptual plan and projected cost.”

Section 3.                    This ordinance shall take effect on ____________

             FIRST READING:                                                      May 13, 2008

 SECOND READING AND PUBLIC HEARING: