ORDINANCE
NO. 1963
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SALISBURY, MARYLAND, TO AMEND CHAPTER 2.36 - DISPOSITION OF SURPLUS OR UNUSED PROPERTY FOR THE PURPOSE OF PERMITTING A DISPOSITION OF REAL PROPERTY BY AUCTION SALE.
WHEREAS, Chapter 2.36 Disposition of Surplus or Unused Property currently only permits a sealed bid process for the disposition of real property;
WHEREAS, the Mayor and City Council desire to amend Chapter 2.36 to allow for the disposition of surplus real property by sealed bid or auction sale.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, in regular session, that Chapter 2.36 is hereby amended as follows:
Sections:
2.36.010 Purpose.
2.36.020 Objectives.
2.36.030 Disposition policies.
2.36.040 Procedure.
2.36.050 Selection of winning proposals.
2.36.051 Post Auction Procedure.
2.36.060 Design review.
2.36.070 Award of bid.
2.36.080 Disposition contract.
2.36.090 Applicability.
2.36.010 Purpose.
The purpose of this chapter is to provide rules and regulations which enable the Mayor and City Council to establish uniform procedures for the disposition of city-owned surplus or unused real property and to provide that such surplus or unused real property be developed in the most appropriate use for public purposes. (Prior code § 33-12)
2.36.020 Objectives.
The objectives of this chapter are to:
A. Establish a process for declaring city-owned real property surplus or unused, selecting a winning proposal and negotiating a contract for the sale or lease;
B. Encourage the development of surplus or unused real property in a manner which will best promote and be in the best interest of the citizens of the City of Salisbury;
C. Encourage future private development activities that will maximize the public investment in existing capital improvements and will further promote the use and enjoyment of existing parking facilities, streets, highways, bridges, the Riverfront Park and open spaces, beautification efforts and the Downtown Pedestrian Plaza;
D. Increase the City’s assessable tax base with a resulting increase in tax revenues generated for the benefit of all citizens of Salisbury;
E. Prevent land speculation and to promote the expeditious development of surplus or unused real property which is sold to a private individual. (Prior Code § 33-13)
2.36.030 Disposition policies.
In
order to carry out the objectives of this chapter, the following policies from
the basis of the Mayor and City Council’s actions in the disposition of surplus
or unused city-owned real estate property;
A. To assure that all who may be interested in developing real property owned by the City of Salisbury which is surplus or unused are given an equitable opportunity to participate;
B. To assure that such development will begin and be completed within a reasonable time;
C. To promote the assembly of city-owned and adjacent privately owned real property in order to encourage development. (Prior Code § 33-14)
2.36.040 Procedure.
The following procedure shall guide the sale of city-owned surplus or unused real property:
A. The city purchasing agent Director
of Procurement shall determine whether city-owned land is surplus or unused
in accordance with the City Charter and make recommendations to the City
Council as to the sale or disposition of such real property.
B. The City Council may approve the sale or
disposition of such property, and, if approved, the purchasing agent Director
of Procurement shall be directed to either publish a notice inviting
proposals for development or prepare an advertisement for auction sale.
C. A notice inviting proposals or an auction
advertisement shall be published in a local newspaper of general
circulation for not less than three times within thirty (30) days
prior to the date that proposals shall be made or auction held, and such
notice or auction advertisement shall identify the specific property to
be sold, the site, side and location.
D. If sealed bids are requested, the purchasing
agent Director of Procurement shall establish the manner in which
all proposals shall be submitted in response to the notice. All proposals for the purchase of said
surplus or unused property shall contain sufficient information to specifically
address the items listed in Section 2.36.050 and be accompanied by a deposit of
ten percent of the bid price. (Prior
Code § 33-15)
E. If an auction is offered, the Director of
Procurement shall set the terms of the auction, including a deposit of ten
percent (10%) of the successful bid.
2.36.050 Selection of winning proposals.
After
all bids have been opened and all information reviewed and compiled, the purchasing
agent Director of Procurement shall make a report to the City
Council; the City Council shall then consider all such information, the nature
of all development proposals and make a selection which, in the Council’s
judgment, is the highest and best proposal and in the best interest of the
City, considering the following factors:
A. The demonstrated financial and legal ability of the person making the proposal to implement the proposal;
B. The significance of the proposal in having a positive impact on the City of Salisbury;
C. The potential of the development for providing employment opportunities;
D. The monetary value offered for the surplus land, as well as the monetary value of the proposed development after completion;
E. A preliminary development plan for the property which shall consist of a description of all proposed uses and the type of development proposed for the property and the preliminary design of all proposed buildings and structures and a preliminary site plan showing a footprint of the proposed buildings or structures and all amenities proposed to be developed on the site;
F. Such other and further factors as the City Council may wish to consider. (Prior Code § 33-16)
2.36.051 Post Auction Procedure
After
the auction sale, the successful bidder shall provide the City Council with the
following information:
A. The financial and legal ability to implement
the purchase and improvement to
the subject real property;
B. A preliminary development plan which will have a positive impact on the City of Salisbury;
C. A preliminary development plan which will provide employment opportunities;
D. The monetary value of the proposed
development after completion;
E. A preliminary development plan for the real
property which shall consist of a
description of all proposed uses and the type of development proposed for the real property, the preliminary design of all proposed buildings and structures, and a preliminary site plan showing a footprint of the proposed buildings or structures and all amenities proposed to be developed on the site;
F. Such other and further information as the
City Council may request.
After City
Council review, the City Council shall decide whether to proceed with
an award by resolution and a disposition contract to the successful bidder pursuant to Section 2.36.070, et seq.
2.36.060 Design review.
No amendments.
2.36.070 Award of bid.
No amendments.
2.36.080 Disposition contract.
No amendments.
2.36.090 Applicability.
No amendments.
AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that this Ordinance shall take effect from and after the date of its final passage.
THE ABOVE ORDINANCE was introduced at a meeting of the Council on the ___ day of November, 2005, and thereafter a statement of the substance of the ordinance having been published as required by law, in the meantime, was finally passed at its meeting on the ____ day of _______________, 2005.
__________________________ _______________________________
Brenda J. Colegrove Michael P. Dunn,
City Clerk President of the City Council
of the City of Salisbury
Approved by me this
day of 2005.
Barrie P. Tilghman
Mayor of the City of Salisbury