HomeMy WebLinkAboutOrdinance #2380 ORDINANCE N0. 2380
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING SUBSECTION (d) TO SECTION 3.06.010
PROVIDING FOR SALE AND EXCHANGE OF SURPLUS,
CITY-OWNED REAL PROPERTY
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding subsection (d) to Section 3. 06.010 to read
as follows:
3.06. 010 Sale and exchange of surplus, city-owned real
property. The following procedure shall be applicable to the
sale to nongovernmental entities of surplus real property owned
by the city:
(a) After adoption of a resolution declaring real property
as surplus and directing its sale, the city shall obtain an
appraisal of the property and shall advertise the sale of such
property and solicit sealed bids stating in the advertisement a
description of the property, the minimum bid acceptable to the
city, which shall not be less than the appraisal value, the
deadline for submission of the bids and the time and place for
opening said bids , and other appropriate terms and conditions of
sale. Each bid shall be accompanied by a deposit by cashier' s
check, cash or postal money order in an amount not less than 10
percent of the amount of the bid.
(b) At the time and place designated for opening the bids,
the city shall receive oral bids ; provided, however, that the
initial oral bid shall be a minimum of 5 percent in excess of
the highest sealed bid. The property shall be sold to the
highest bidder, who shall immediately deposit by cash, cashier' s
check or postal money order, or any combination thereof, an
amount not less than 10 percent of the amount of the successful
bid.
(c) The sale of the property shall be subject to the terms
and conditions of sale and upon receipt of the deposit , the sale
shall be final and the deposit nonrefundable. Within ten (10)
1.
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days of sale, the buyer shall make payment in the full amount of
the purchase price to city for all sales of $25, 000 or less ; for
sales in excess of $25, 000, the buyer shall make payment in full
within thirty (30) days of sale. Should the buyer fail to pay
the full amount of purchase price within the time required herein,
the sale shall be subject to cancellation by city and the buyer
shall forfeit his deposit . The city shall pay no real estate
commission or finder's fee.
(d) When in the opinion of the City Council it appears
to be in the best interest of the city to exchange city-owned real
property for other real property, the City Council shall
cause to have prepared the resolution and appraisal provided for
in subsection (a) hereof. A property exchange may then occur with
money or other valuable consideration providing the difference in
respective property values to either exchanger and no bid or
advertising requirement is imposed in any real property exchange
transaction hereunder. Provisions for cancellation and payment
for such exchange of real property shall be as provided in sub-
section (c ) of this section.
SECTION 2. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach Independent , a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of .7nne 1979.
fi
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
INITIATED AND APPROVED:
01
ty Administrator
2.
Ord. No. 2380
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the . 4th day of June
19 79 , and was again read to said City Council at a regular
meeting thereof held on the 18th day of June , 1979 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby certl`y ttrat a synopsis of this
ordinance has been published in the Huntington
Beach In.�`e� =dent on pp �y
/ ^� ... .Q..........:... 19..7..E....
In accor r.Ce isith the Cit Charter of said City.
ALICIA M. WENTWORTN
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— City Clerk
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Deputy City Clerk