HomeMy WebLinkAboutORDINANCE No. 20-09-454 - 09/21/2020 - Amend Ch. 2, Article VI, Division 4, Sect. 2-390., Transfer or Disposal of AssetsSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-09-454
AN ORDINACE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 4,
SECTION 2-390., TRANSFER OR DISPOSAL OF ASSETS; NOTICE,
OF THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council for the City of Milton, Georgif! as follows:
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and
regulations for the protection and preservation of the public health , safety and welfare of its
citizens; and
WHEREAS , Section 2-390 of Division 4 of Article VI of Chapter 2 of the City of Milton
Code of Ordinances regulates the disposition of capital assets owned by the City of Milton
including real and personal property; and
WHEREAS , the Mayor and Council have determined that it is in the best interest of the
City 's residents to amend the existing regulations to provide for a procedure for disposition of
small or narrow strips of land incapable of being used independently as zoned.
NOW THEREFORE, THE COUNCIL OF THE CITY OF MIL TON HEREBY
ORDAINS , as follows:
SECTION 1. That Section 2-390 of Division 4 of Article VI of Chapter 2 of the City of
Milton Code of Ordinances is hereb y replaced in its entirety by the text attached hereto as
Exhibit A.
SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this
ordinance are hereby repealed ; and
SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and
City Council and the signature approval of the Mayor.
SO ORDAINED this the 21st day of September 2020 , the public 's health , safety, and welfare
demanding it.
Attest:
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DocuSigned by:
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11E1J1QsJc1134cs ... c•ty Cl ,. 1e uoraon, 1 er!\,
Approved:
Exhibit A
CHAPTER 2. -ADMINISTRATION
ARTICLE VI. -FINANCIAL MANAGEMENT PROGRAM
DIVISION 4. -CAPJT AL ASSET POLICY
Sec. 2-390. -Transfer or disposal of assets; notice.
(a) All capital assets are city property and may not be donated , discarded or transferred to
another owner without direct authorization from the city manager's office.
Departments should notify the city manager's office of all surplus assets ready for
disposition.
(b) The disposition of the capital assets the city purchased with federal , state , or other
grant funds must follow federal guidelines. The guidelines of the specific grant, or
general federal guidelines , will dictate the duration of time that the asset must remain
city property. The guidelines also will indicate the disposition of the proceeds from
the sale of the asset.
(c) In accordance with O.C.G .A . § 36-37-6 , all sales by the city of real property or
personal property with an assigned value of equal to or more than $500 .00 must be
offered for purchase, either by sealed bids or auction , to the highest bidder.
(1) Notice. Notice of the sale must be published once in the official city
newspaper or in a newspaper of general circulation in the city. The legal
notice must appear not less than 15 days nor more than 60 days prior to the
date of the sale. The notice must contain a brief description of the property
and a legal description for real property .
(2) If the sale is by sealed bid , the notice shall also contain an invitation for
proposals and shall state the:
a. Conditions of the proposed sale;
b. Address at which bids and other materials may be obtained; and
c . Date, time , and place for the bid opening.
(3) Bids. Bids shall be opened in public at the time and place stated in the legal
notice. The bids shall be kept available for public inspection for 60 days.
(4) The city may reject any and all bids or cancel a proposed sale .
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(5) If the sale is by auction , the notice shall also state the conditions of the sale
and shall state the date, time , and place of the proposed sale. As a condition of
the sale , a minimum amount may be established for the sale to occur.
(6) The mayor and city council shall approve by resolution the sale of all real
estate prior to any staff action .
(d) Property with an estimated value of less than $500.00 may be sold without regard to
the provisions contained in subsections (a) through (c) of this section. Such sales may
be made in the open market without advertisement and without acceptance of bids.
The city has the power to estimate the value of the property being sold.
(e) As set forth in O.C .G .A. § 36-37-6(g), the city may sell and convey, by quitclaim
deed , parcels of small or narrow strips of land , so shaped or so small as to be
incapable of being used independently as zoned or under applicable subdivision or
other development ordinances or land use plans, or as streets , whether owned in fee or
used by easement, to abutting property owners where such sales and conveyances
facilitate the enjoyment of the highest and best use of the abutting owner(s)' property.
The city shall only exercise its authority to dispose of property under this section
where either:
(1) There exists only one owner of property abutting the city property to be
disposed of; or
(2) If there exists more than one owner of property abutting the city property to be
disposed of, all such abutting owners agree in writing to the manner in which
such city property shall be disposed.
The sa le of city property to abutting property owners as authorized by this section is
not required to be submitted to the process of auction or the solicitation of sealed bids
so long as the sale complies with O .C.G .A. § 36-37-6(g), this section , and with any
additional conditions that the council may impose by resolution.
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