3.20.070 Purchase of real property.
A. Authority to Acquire Property. The city may acquire, own and hold real property within or outside the city boundaries by purchase, gift, devise, grant, dedication, exchange, redemption, purchase of equity of redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation, or by any other lawful means or conveyances.
B. Definition of Real Property. As used in this chapter, the term “real property” includes any estate in land, easement, right-of-way, lease, permit, license, franchise, future interest, building, fixture or any other right, title, or interest in land or a building.
C. Form of Acquisition. The city may acquire, own and hold real property by warranty or quitclaim deed, easement, grant, permit, license, deed of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or any other lawful method or mode of conveyance or grant.
1. Real property shall be held in the name of “The City of Palmer.”
2. Any instrument requiring execution by the city shall be signed by the mayor and attested by the city clerk. The form of any conveyance shall be approved by the city attorney.
D. Form of Ownership. The city may acquire and hold each real property as sole owner or as tenant in common or other lawful tenancy, with any other person or governmental body for any public purpose. The city may hold real property in trust for any public purpose.
E. Rights and Powers. The city shall have and may exercise all rights and powers in the acquisition, ownership and holding of real property as if the city were a private person; provided, however, the city shall not waive any immunities of a municipality regarding the acquisition, ownership and holding of real property unless specifically provided for by resolution concerning the specific property.
F. Dedication by Plat. The city may not acquire any real property by means of a dedication by plat unless the dedication of the real property is accepted in writing and signed by the mayor.
G. Procedure.
1. The city may acquire real property and the council shall approve by resolution the acquisition of real property to be purchased in whole or in part for a cash consideration or exchange of real property.
2. No approval is necessary to acquire any easement, right-of-way, permit, license, or other interest in real property if necessary for a utility or public improvement where the utility or public improvement has been authorized and approved by the council.
3. Prior to approval, the city manager shall furnish the council with an abstract of title, or preliminary commitment for title insurance, the value assessed by the borough tax assessor or other appraisal of the real property, and a review of any problems in acquisition, but the failure to furnish the council any such material shall not affect the validity of any acquisition or purchase of real property by the city.
4. Unless otherwise provided by the council, the city shall purchase marketable title in the real property.
H. Purchase by Agreement. The council may approve and authorize the purchase of real property by contract of sale, deed of trust, or mortgage.
I. Industrial Sites. The city may acquire, own and hold real property, either inside or outside the city boundaries, for sites available for new industries which will benefit the city.
J. Federal and State Aid. Legislative assent to federal or state aid for the city, including aid given to the city through a department or agency of the federal or state government, is given. The city may apply for, contract, and do all things necessary to cooperate with the United States government and the state of Alaska for the acquisition, holding, improvement, or development of real property within and outside the city boundaries. (Ord. 11-004 § 3, 2011; Ord. 246 § 3, 1982)