§ 3.32.020. Disposal of surplus real public property.

The city shall substantially comply with the following procedure to dispose of surplus real property, except that this procedure shall not apply to the vacation of streets, alleys, avenues, boulevards, sidewalks, parks, airports, parking lots or other facilities for the parking of vehicles off streets, public grounds, or pedestrian malls, and shall not apply to property acquired after July 1, 1983, by eminent domain:

A.

No city owned property having an estimated value in excess of five hundred dollars shall be disposed of or released to anyone other than the city, unless such property has been declared surplus as set forth in this ordinance.

B.

The city council may declare any city-owned significant parcel of real property to be surplus. The city administrator may declare any city-owned nonsignificant parcel of real property to be surplus if he or she finds that the parcel is no longer needed by the city. After city-owned real property is declared to be surplus, the city may dispose of the real property pursuant to the following guidelines:

a.

Significant parcel of real property . A "significant parcel of real property" means a parcel of real property that is larger than five thousand square feet in size or that has a fair market value in excess of ten thousand dollars. The following parcels of real property are excluded from the definition of "significant parcel of real property", even if they meet the size or valuation standards set forth above:

i.

Parcels disposed of by the city as part of a boundary line agreement or adjustment.

ii.

Parcels created by a right-of-way vacation or an easement vacation.

iii.

Parcels that are undevelopable unless combined with an adjacent parcel. A parcel will be considered to be undevelopable if it cannot be developed as an independent parcel due to city ordinance requirements or due to the physical characteristics of the parcel.

b.

Nonsignificant parcel of real property . A "nonsignificant parcel of real property" shall mean any parcel of real property that is not included in the definition of "significant parcel of real property."

C.

Disposal of significant parcel of real property . Before disposing of a significant parcel of real property, the city shall:

a.

Provide reasonable notice of the proposed disposition at least fourteen days before the opportunity for public comment;

i.

"Reasonable notice" shall mean a brief summary of the proposed disposition including (1) a general description of the parcel (including the approximate address of the parcel, the approximate size of the parcel, the zone designation of the parcel, and the current use of the parcel), and (2) the date, time and location where the public can comment on the proposed disposition. The notice shall be published at least once in a newspaper of general circulation in the city, and posted at the city administration building; and

b.

Allow an opportunity for public comment on the proposed disposition. The opportunity for public comment shall take place at an American Fork City Council meeting.

D.

Disposal of nonsignificant parcels of real property. The city administrator may dispose of any nonsignificant parcel of real property in compliance with Subsection A and pursuant to a policy adopted by the city administrator, which shall include consent of the mayor.

E.

Manner of disposal. The city may dispose of real property by sale, trade, lease, sub-lease, or other means deemed to be in the best interests of the city by the city council (for significant parcels of real property) or the city administrator (for nonsignificant parcels of real property).

(Ord. No. 2018-07-31 , 7-31-2018)