HomeMy WebLinkAboutOrdinance #2500 ORDINANCE NO. 2500
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING SECTION 3. 06.010, AND ADDING NEW
SECTION 3. 06. 010 ENTITLED, "DISPOSITION OF
SURPLUS REAL PROPERTY"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Section 3 .06.010 of the Huntington Beach
Municipal Code is hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto new section 3.06. 010 to read as
follows :
3.06.010 Disposition of surplus real property. (a) The
city administrator shall inform the council when real property
belonging to the city is surplus to the needs of the city and rec-
ommend to the council that a resolution be adopted directing the
disposition of such surplus real property.
(b) Resolutions directing the disposition of surplus real
property shall declare that the public interest and necessity
require the disposition of surplus real property, and shall di-
rect that the surplus real property be disposed of by sale or
exchange and shall specify the procedures to be followed in each
case. Sales may be made for all cash or on terms. The resolu-
tion shall provide that independent appraisals be obtained to
establish fair market value of properties being disposed of ex-
cept in circumstances where the value of the surplus real prop-
erties does not justify the expense of the appraisal. Fair
market value is the amount that would in all probability have
been arrived at between owner willing to sell and purchaser
willing to buy. The fair market value appraisal shall have
added to it all of city' s costs of preparing land for sale in-
cluding appraisal fees. The resolution shall contain a state-
ment as to how and in what manner the city acquired the property.
( c) Dispositions of surplus real properties shall be in
accordance with the provisions of Articles 8 and 8. 5 of
Chapter 5 of Part 1 of Division 2 of Title 5 (commencing with
section 54220) of the California Government Code when such
JG :ahb
6/17/81 1.
statutes are applicable and may be made for cash or upon such
terms as the council in its resolution shall direct . When
the council determines that disposition of surplus real prop-
erty to the owner of the real property adjacent or contiguous
to the surplus real property is in the public interest, then,
the surplus real property shall first be offered to such prop-
erty owner on such terms as the council shall deem just. No
surplus real property shall be disposed of in violation of any
land use regulation of the city, and insofar as possible dis-
positions shall be made to implement and further such regula-
tions.
No surplus real property shall be transferred or sold
which in itself, as a separate parcel, may not be developed in
accordance with provisions of the state Map Act and the subdi-
vision and other applicable ordinances of the city unless such
surplus real property is transferred or offered for sale to an
adjacent property owner. In the event more than one property
owner, adjacent to said surplus real property, desires to acquire
ownership of said surplus real property, then the city shall de-
cide the manner in which to divide said surplus real property
for transfer or sale to said adjacent property owners .
( d) The city council, by resolution, shall declare when it
is in the best interest of the city to exchange city-owned sur-
plus real property for other real property.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Huntington Beach hereby declares that it would have
adopted this ordinance and each section, subsection, sentence ,
clause, phrase, or portions thereof, and amendments thereto, ir-
respective of the fact that any one or more sections, subsections,
sentences, clauses , phrases or portions, or amendments be declared
invalid or unconstitutional.
SECTION 4. The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Municipal Code relating to the same subject
matter shall be construed as restatements and continuations and
not as new enactments .
2.
SECTION 5. This ordinance shall take effect thirty days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of July 1981.
r, e�fit`r
Pro-Tem
ATTEST : INITIATED AND APPROVED AS TO
FORM:
City Cl City Attorney
REVIEWED AND APPROVED :
City Administrator
3.
FPO—
Ord. No. 2500
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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 6th day of July
1981 , and was again read to said City Council at a regular
meeting thereof held on the 20th day of July 1981 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister, Thomas, Pattinson, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Kelly
City Clerk and ex-o icio C erk
of the City Council of the City
of Huntington Beach, California
r
a M. Wentworth CITY CLERK of the City of
givn Beach and ex•offi>io Clerk of the City
!.o he.eby certify that a synopsis of this
nce -.as been pui iished in the Huntington
Beach Indep ndent on pQ
a 190 .
In accord .ce with t: City Charter of said City.
- City Clerk
...
..:
Deputy City Clerk