§ 2-1541. Purchases.

(a)

Duties of chief procurement officer. The chief procurement officer is authorized to purchase real property for use by the city, upon written request from the using agency pursuant to section 2-1518 and authorization of the mayor and city council by appropriate legislation. Prior to the purchase of real property for city use, the chief procurement officer shall consult with the using agency.

(b)

Ordinance required. The chief procurement officer shall prepare an ordinance for adoption by the city council and approval of the mayor for the purchase of real property, excluding easements pursuant to section 2-1545, by the city. The ordinance shall authorize the chief procurement officer to purchase real property that is useful and necessary to the city and shall:

(1)

Contain a legal description of the property;

(2)

Provide a list of all structures that shall be a part of said purchase that shall:

a.

Identify the street address;

b.

Identify the permissible use for the property; and

c.

Identify the occupancy status of the property.

(3)

Authorize the chief procurement officer to;

a.

Obtain title reports;

b.

Obtain an appraisal;

c.

Obtain a land survey, if necessary;

d.

Negotiate with the owner;

(4)

Authorize the city attorney, where the chief procurement officer's negotiations with the owner are unsuccessful, to institute necessary legal action through condemnation or any other method provided by law to obtain fee simple title to the selected property; and

(5)

Appropriate necessary funds for the purchase.

(c)

Negotiations and option to purchase real estate. After adoption by the city council and approval of the mayor of the enabling ordinance, the chief procurement officer shall obtain title reports, an appraisal and a land survey, if necessary, of the selected property to be purchased. The chief procurement officer shall prepare an option to purchase real estate which shall set the purchase price offered at no less than the fair market value of the property, based upon the appraisal. The option shall be sent to the owner by registered or certified mail, and thereafter the chief procurement officer shall negotiate the purchase with the owner, as necessary, to obtain title to the property.

(d)

Resolution of acceptance of purchase option; condemnation. If there is an agreement as to the fair market value of the property and the owner signs the option and the chief procurement officer signs the option on behalf of the city, the chief procurement officer shall prepare a resolution for adoption by the city council and approval of the mayor, which shall authorize acceptance of the option by the city. The resolution shall:

(1)

Authorize the purchase of the property at the negotiated fair market price;

(2)

Authorize the city attorney to:

a.

Take necessary action to close the transaction;

b.

Record the deed;

c.

Verify title, subject to utility easements of record;

d.

Have a policy of title insurance issued in favor of the city; and

(3)

Authorize the appropriation of funds for the purchase.

However, if the owner rejects the option, the chief procurement officer shall request that the city attorney institute necessary legal action through condemnation or other method provided by law to obtain fee simple title to the selected property.

(e)

Notice to using agency. When the property is purchased, as evidenced by recordation of the deed by the city attorney in the office of the clerk of the superior court of the appropriate county, the using agency shall be notified of the city's ownership by the chief procurement officer.

(Ord. No. 2009-78(09-O-1876), § 14, 12-15-09; Ord. No. 2017-02(16-O-1697) , 1, 1-12-16)