HomeMy WebLinkAbout4203AN ORDINANCE of the City Council of the
City of Kent, Washington, enacting a new chapter
3.12 to the Kent City Code entitled "Surplus of Real
Property," to establish a public participation
process before' deciding to sell, transfer or
exchange city -owned real property.
RECITALS
A. With few exceptions, no law in Washington establishes any
process or restriction on Kent, anon -charter code city, from disposing of
real property.
B. Recently, the city arranged to sell a public park. The city held
no public meetings and conducted no specific public outreach before
arranging to sell the park. When the community became aware of the
sale, a number of persons protested the sale, so the city cancelled the
sale.
C. The city council appreciates that the real property it owns is
held in trust for the community. Our local government exists to serve this'
community, and the community should be made aware of pending',,
property sales and have an opportunity to comment on the sale.
D. It is appropriate to establish, by ordinance, a process to
establish community outreach and comment before the city council)
determines that significant parcels of real property should be listed as
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surplus to the city's needs and offered for sale, exchange, or transfer to a
private party.
E. Because the city council and staff have already conducted an
extensive public outreach process for the city's Par 3 golf course property
at the Riverbend Golf Complex, that particular property need not be
subject to the processes established in this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. -Amendment. Title 3 of the Kent City Code, entitled
�Revenue and Finance," is hereby amended to add a new chapter 3.12
entitled "Surplus of Real Property," as follows:
Sec. 3.12.010 Consideration for surplus. When city
administration or the city council recommends one or more parcels of real
property to be declared as surplus to the city's needs, and the city council
determines that the city should consider the property for surplus, the
council and staff must comply with this process before listing or selling the
property, subject only to the exceptions listed in this policy.
Sec. 3.12.020 Properties affected. This policy applies to the
sale, transfer, or exchange of the following properties:
A. Properties that were received or obtained for a specific public
purpose; or
B. Properties that constitute at least one legal lot (unless subject
to KCC 3.12.030), below; or
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C. Properties that are owned in fee.
Sec. 3.12.030 Exempt properties and property interests.
Because of their size, configuration, or character, these properties are
exempt from this process:
A. Property owned by any of the city's utties, to any statutory
street or alley vacation, or to other surplus process when state law
provides a separate process to surplus those properties; or
B. Partial or remnant properties, such as strips purchased for
road widening purposes, areas conveyed as a result of lot line adjustments
or boundary disputes, or partial or full lots remaining and unused after
project completion; or
C.
property.
Easements, licenses, and other subordinate interests in real
Sec. 3.12.040 Public meeting. When the council determines
that specific property or properties should be considered for surplus, the
city must hold at least one informational public meeting and receive public
comment at one of the following venues:
A. Council committee meeting;
B. Council workshop;
C. Regular council meeting;
D. Special council meeting; or
E. A community forum at a location that is more convenient to
the neighborhood potentially affected by the proposed surplus.
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Sec. 3.12.050 Notice. Prior to holding any meeting as provided
for in NCC 3.12.040, the city must provide the following notice:
A. Post notice at all main site entrances at least 20 days prior to
the first public meeting. The notice should be easily visible and verbiage
should be clear, succinct, and legible; and
B. Publish notice at least one time in a newspaper of general
circulation at least 20 days prior to the public meeting. The notice should
be clear, conspicuous and brief, describing, at a minimum, the property's
location by street address or other appropriate location descriptor and
stating that the property is being considered for surplus, and
C. Mail notice at least 20 days prior to the public meeting to all
property owners of record as listed by the King County Assessor's Office
whose property is located within 1,000 feet of the site proposed for
surplus; and
D. Post notice on the city's website in a location intended to
provide notice of public meetings or public events at least 20 days prior to
the public meeting.
will:
Sec. 3.12.060 Meeting requirements. At the meeting the city
A. Allow members of the public to gain information and speak in
support or opposition to the proposal.
1. Depending upon the number of persons wishing to
speak, councilmembers can limit the amount of time given to each
speaker or terminate or continue the meeting depending upon the time
available to address the proposed sale.
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2I If held at a community forum, an "open house"
informational meeting is allowed, so that individual staff members can
answer individual questions.
B. Allow members of the public to submit written statements for
council consideration.
C. After the meeting, the city council may continue the meeting,
hold additional meetings or community forums, or conclude the process.
If the council continues the meeting or holds additional meetings, notice of
the continuation or new meeting(s) or forum(s) will be posted on the city's
website. No other notice is required.
D. All persons who submit written documents at the meeting,
who speak at the meeting and provide their mailing address, or who
otherwise request in writing to be parties of record for the proposed
surplus will be added to the mailing list for further communications and
notices on the subject.
Sec. 3.12.070 Surplus decision by resolution. Once all
meetings are completed, the city council may surplus the property by
resolution.
Sec. 3.12.080 Valuation by appraisal. The city may order
appraisals, re -appraisals, or peer review appraisals at any time before or
during the surplus process, as needed.
Sec. 3.12.090 Procedural compliance with other regulatory
requirementsV
If other regulatory requirements require notice or
meetings while the property is under consideration for surplus, the city
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may combine those notice and meeting or hearing requirements with the
notice and meeting requirements in this surplus policy.
SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force 30 days from and aft
ATTEST:
ONALD F. M
er its passage, as provided by law.
E, CITCLERK
TO�1 BRUBAKER, CITY ATTORNEY
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PASSED: day of
APPROVED: day of
'4
PUBLISHED: '`day of
2016.
2016.
2016.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
CITY CLERK
P:\Civil\Ordinance\Surplus Property Version with 1000 foot notice and 20 days.docx
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