Chapter 2

Government and Administration 

MUNICIPAL SEAL

2.000      Seal Designated.  The following seal is declared to be the impression of the official municipal or common seal of Lafayette and the seal making the same is declared to be the official municipal or com­mon seal of said city of Lafayette, Oregon.

2.005      City Administrator.  The city administrator is the chief administrative officer of the city and is responsible for the day-to-day management of the city and each department thereof and shall implement the duly adopted policies for the  Lafayette city council.  The administrator serves at the pleasure of the city council.

2.010      Contracts for Professional Services.  The city shall contract for professional services provided by individuals who are not city employees, including the following:

(1)  City attorney;

(2)  City engineer;

(3)  City planner;

(4)  City building inspector;

(5)  Municipal court judge.

2.025      Initiative and Referendum.  All initiative and referendum proceedings shall be filed in accordance to Oregon Revised Statutes and processed through the office of the  Yamhill County Clerk.

 

PLANNING COMMISSION

2.050      Establishment.  The planning commission for the city is reestablished and re-organized in accordance with the provisions of sections 2.050 to 2.100.

2.055    Membership.

(1)  The mayor shall appoint, with the approval of the council, a planning commission consisting of seven (7) members.  All members of the planning com­mission shall be residents of the city, except as provided in subsection (2) below, and shall be selected on the basis of their qualifi­cations to serve in such capacity.  The city administrator shall be entitled to sit with the commission and take part in its discussions or delibera­tions, but shall have no vote on any matter to come before the commis­sion.

(2)  In the event the Mayor and Council believe it appropriate, one (1) member of the Commission may reside outside the City's corporate limits but which area is an "area of influence" on the City.  As used in this subsection "area of influence" means that area comprising the voting precinct established by the Yamhill County Elections Division which contains all or the greatest amount of land falling within the City's corporate limits.

[Amended by Ord 522 on Jan 27, 2000]

2.060  Terms of Office.  All Planning Commission terms shall be four (4) years.  Each of the seven positions will expire on a staggered schedule so that there will be one year in which three terms expire and one year in which four terms expire.  All terms shall end in an odd numbered year.  Members serving on the Commission at the time of adoption of this Ordinance shall be assigned to one of the seven positions by the City Administrator.

[Amended by Ord. 582 on Jan. 12, 2006]

2.065     Vacancies and Removal.  Appoint­ments to fill vacancies shall be for the remain­der of the unexpired term.  A mem­ber may be removed by the city council after hearing for misconduct, misfeasance, malfea­sance, or nonperformance of duty.  A mem­ber who is absent from three con­secutive meet­ings or more than one-half of the sched­uled meetings during a one-year period without an excuse approved by the chairper­son is rebuttably presumed to be in nonper­formance of duty and the city council may declare the position vacant unless extenuat­ing circumstances are deter­mined at the hearing.

2.070      Chairperson and Vice Chairperson.

(1)  At its first meeting following adoption of the ordinance codified in sections 2.050 to 2.100, and at its first meeting in January of each even-num­bered year there­after, the commis­sion shall elect a chairper­son and vice chair­person to serve two-year terms.

(2)  The chairperson of the planning commission, or in the chairperson's absence the vice chairperson, shall have a vote on all matters before the commission.

(3)  If a vacancy of the chair occurs, an election shall be held at the next regular meeting to fill that position.

(4)  In the absence of both the chair­person and the vice chairper­son, the mem­bers present shall appoint an acting chairper­son for the purposes of conducting business during that meeting.

[Amended by Ord. 582 by Jan. 12, 2006]

2.075      Secretary and Staff Services.  The city administrator shall pro­vide a secre­tary to the commission and such other staff and consulta­tion services as may be appro­priate, feasible, and within budgetary limita­tions.  The secretary shall keep a record of all commis­sion proceedings.  The planning director and/or city administrator, or their duly autho­rized repre­sentative, shall attend all official planning commission meetings and shall provide tech­nical advice and guid­ance to the commission.  The commission shall give due consideration to such technical advice.

[Amended by Ordinance 582 by Jan. 12, 2006]

2.080      Meetings.  A majority of the mem­bers of the planning commission shall consti­tute a quorum.  A regular meeting night and time shall be established, however, the Commission will only meet when there is an agenda item to deal with.  Meetings of the com­mission shall be open to the pub­lic.  Meetings other than at regularly sched­uled times may be announced at a prior meet­ing and thereby be made a part of the meeting records.  The chairperson upon a motion may, or at the request of three mem­bers of the commis­sion shall, by giving notice to members of the commission, call a pre­viously unan­nounced special meeting of the commission for a time not earlier than 24 hours after the notice is given.

[Amended by Ordinance 567 on April 8, 2004]

2.085      Powers and Duties.  The commis­sion shall have the powers and duties which are now or may hereafter be as­signed to it by charter, ordinances or resolu­tions of this city and general laws of this state.

2.090      Compensation.  Planning commis­sion members shall receive no com­pensation for their service but shall be fully reimbursed for all duly autho­rized expenses. 

2.095      Consideration of Qualifications for Membership.  In selecting individuals for membership on the planning commission, the city council shall give preference to those individuals who possess a particular compe­tence in the field of municipal planning by way of their profes­sion, trade, or prior or present governmental service.  No more than two vot­ing members shall be engaged princi­pally in the buying, sell­ing or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that is engaged principally in the buying selling or developing of real estate for profit.  No more than two voting members shall be engaged in the same kind of occupation, business, trade or profession.

2.100      Conflict of Interest.  A member of a planning commission shall not par­ticipate in any commission proceeding or action in which any of the following has a direct or substantial financial interest: The member or his spouse, brother, sister, child, parent, father‑in‑law, mother‑in‑law, any busi­ness in which he is then serving or has served within the previous two years, or any business with which he is negotiating for or has an arrange­ment or understand­ing con­cerning prospec­tive partnership or employ­ment.  Any actual or potential interest shall be disclosed at the meeting of the commission where the action is being taken.

 

BUDGET COMMITTEE

2.125      Budget Committee--Appoint­ments.  The budget committee shall be estab­lished as provided by state law.

2.130   Vacancies.  Vacancies on the Budget Committee will be filled as follows:       

(1) Any vacancy on the Budget Committee will be advertised by posting within the community, and any person currently residing within the city limits of Lafayette may apply in writing to the City Administrator to be considered for appointment.

(2)  Appointments shall be made by the Mayor in a public meeting, subject to the approval of the Council, for a term of three (3) years or for the unexpired term of any vacant position.  Staggered terms will be established.

(3)  The person so appointed shall remain on the committee until the end of the term to which they were appointed, unless they submit a written resignation which is accepted by the Mayor and Council, or unless they are removed from the committee by a motion and affirmative vote of the Mayor and Council at a public meeting when it is found that the appointee has accumulated three unexcused absences from any scheduled Budget Hearings.

[Amended by Ordinance 567 on April 8, 2004]

2.140      Standing Committees. The city council is authorized to establish Standing Committees by resolution where the city finds that a public project or subject is of sufficient importance to the public interest and is of an ongoing nature such that the council would benefit from the creation of a permanent advisory body.  The powers of a Standing Committee shall be determined by the Resolution creating the committee.

[Added by Ord No 509 on Feb 11, 1999]

 

LOCAL CONTRACT REVIEW BOARD

2.200      Policy.  All public contracts shall be based upon competitive bids except as expressly provided by state law, this chap­ter or the rules adopted by the Local Contract Review Board.

2.205      Contract Review Board.  The city council is designated as the Local Contract Review Board for the city of Lafayette.  The board shall adopt rules by resolu­tion relat­ing to the public bidding process and public contracts.

2.210      Organization. 

(1)  The mayor shall act as chair­person of the board.  The president of the council shall act as the vice chairperson.

(2)  Meetings of the board may be scheduled at any time, includ­ing before, after or during a regularly scheduled council meet­ing.

(3)  Meetings shall be called in the same manner as a council meeting.

(4)  Attendance of at least three board members shall constitute a quorum and shall be required in order for the board to take any action. The concurrence of a majority of those board members attending shall be required for the board to take any action.

2.215      Authority to Obligate the City.  The city council shall approve all public contracts and personal services con­tracts except as other­wise provided in sec­tion 2.220.

2.220      Delegation of Authority to Obligate City.  The city administrator may enter into a public con­tract or personal ser­vices contract which does not exceed fifteen thousand dollars ($15,000) without specific council approval provid­ed the obligation is part of an adopted bud­get, the rules of the board are satisfied by written findings, and record is made of the transaction which shows compliance with the rules.  This delegation of authority shall be subject to the limita­tions of section 2.225.

[Amended by Ord 519 on Dec 9, 1999]

2.225      Limitation on Expenditures.  The delegated authority to obligate the city shall be subject to the following limita­tions:

(1)  The expenditure shall be for a single complete item or con­tract; and

(2)  The item or contract shall not be a component of a project except in the case of a project which involves a personal ser­vices contract and a public contract.  In this situation, the personal services contract portion shall be considered a single com­plete project and the public contract portion shall be considered a single complete project.

 

URBAN RENEWAL AGENCY

2.30    Establishment.  The Urban Renewal Agency for the city is established and organized in accordance with the provisions of sections 2.30 to 2.42.

2.31   Membership. The membership constituting the agency shall be the same as the membership of City Council.

2.32  Terms of Office.  The term of office for each of the members shall be the same as the city council terms.

2.33    Vacancies and Removal.  Any vacancy on the Agency shall be filled when a member of the city council member is elected or appointed in accordance with Section 28 of the Charter.  When a vacancy on council occurs when an individual’s term of office expires, or in accordance with Section 27 of the Charter, the affected individual is removed from membership in the Agency.

2.34    Chairperson and Vice Chairperson.

(1)  At its first meeting following adoption of the ordinance codified in sections 3.000 to 3.090, and at its first meeting in January of each even-numbered year thereafter, the Agency shall elect a chairperson and vice chairperson to serve two-year terms.

(2)  The chairperson of the Urban Renewal Agency, or in the chairperson's absence the vice chairperson, shall have a vote on all matters before the Agency.

(3)  If a vacancy of the chair occurs, an election shall be held at the next regular meeting to fill that position.

(4)  In the absence of both the chairperson and the vice chairperson, the members present shall appoint an acting chairperson for the purposes of conducting business during that meeting.

2.35   Secretary and Staff Services.  The City Administrator shall provide a secretary to the Agency and such other staff and consultation services as may be appropriate, feasible, and within budgetary limitations.  The secretary shall keep a record of all Agency proceedings.  The City Administrator, or their duly authorized representative, shall attend all official Urban Renewal Agency meetings and shall provide technical advice and guidance to the Agency.  The Agency shall give due consideration to such technical advice.

2.36     Meetings.  A majority of the members of the Urban Renewal Agency shall constitute a quorum.  A regular meeting date and time shall be established; however, the Agency will only meet when there is an agenda item to consider.  Meetings of the Agency shall be open to the public, and meetings other than at regularly scheduled times may be announced at a prior meeting and thereby be made a part of the meeting records.  The chairperson upon a motion may, or at the request of three members of the Agency shall, by giving notice to members of the Agency, call a previously unannounced special meeting of the Agency for a time not earlier than 24 hours after the notice is given.

2.37    Powers and Duties.  Pursuant to ORS 457.045(3), all of the rights, powers, duties, privileges, and immunities granted to and vested in an urban renewal agency by the laws of the state of Oregon shall be exercised by and vested in the Agency of the City of Lafayette provided, however, that any act of the governing body acting as the Urban Renewal Agency shall be considered the act of the Agency only and not of the City Council.

2.38      Compensation.  Urban Renewal Agency members shall receive no compensation for their service but shall be fully reimbursed for all duly authorized expenses. 

2.39      Expenditures. The Agency shall have no authority to make expenditures on behalf of the city, or to obligate the city for the payment of any sums of money, except as the same may be authorized by the City Council or pursuant to budget appropriations and pursuant to administrative methods by which said funds shall be drawn and expended. 

2.40    Conflict of Interest.  A member of the Urban Renewal Agency shall not participate in any Agency proceeding or action in which any individual defined as a relative in ORS 244.020(16) has a direct or substantial financial interest in any action or any decision or recommendation by a person acting in a capacity as a member of the Agency, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of circumstances described in ORS 244.020(13).  Any actual or potential conflict of interest shall be disclosed at the meeting of the Agency where the issue giving rise to the conflict of interest is discussed or acted upon.

2.41     Annual report.  In accordance with ORS 457.460, the Agency shall make and file an annual report, covering the preceding year.  This annual report will be reviewed by the City Council and shall contain all requirements of ORS 457.460.

2.42     Termination of Urban Renewal Agency.  If the city council finds that a need for an Urban Renewal Agency no longer exists, the City Council shall provide, by ordinance, for a termination of the Agency and a transfer of the Agency facilities, files and personnel, if any, to the city. The termination of the Agency shall not affect any outstanding legal actions, contracts or obligations of the Agency and the city shall be substituted for the Agency in these matters. The Agency shall not be terminated unless all indebtedness to which a portion of taxes is irrevocably pledged for repayment of indebtedness is satisfied.

[Amended by Ordinance 639 on October 14, 2021]

[Previous sections 2.250 through 2.470 repealed by Ordinance 567 on April 8, 2004]

[Previous Sections 2.300-2.320 repealed by Ordinance 595 on February 14, 2008]

 

POWERS OF THE MUNCIPAL JUDGE.

2.600      Powers and Duties.  The municipal judge shall have all inherent statutory powers and duties of a justice of the peace within the jurisdictional limits of the city.  The city administrator or such individual authorized by him/her to act on behalf of the city shall assist the judge in the serving of subpoenas and such other orders of the court as are necessary for the proper conduct thereof.

 

EMERGENCY PLANNING

2.700      Title.  Sections 2.700 to 2.745 shall be known as the "emergency plan­ning chap­ter" and may be so cited and plead­ed and is referred to herein as "this chapter."

2.705      Purpose.  The purpose of this chap­ter is to define the authority and responsibility for emer­gency planning to provide a proce­dure to minimize injury to persons and prop­erty and to pre­serve the established civil authority in the event a state of emergency exists within the city.

2.710      Definition of Emergency.  For the purposes of this chapter, "emer­gency" means any manmade or natural event or circum­stance causing or threatening loss of life, injury to person or property, human suffering, or finan­cial loss to the extent that extraor­dinary measures must be taken to pro­tect the public health, safety and wel­fare.  Such events shall include, but not be limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other hazardous sub­stances, disease, blight, infesta­tion, utility or transportation service disruptions, civil distur­bance, riot, sabotage and war.

2.715      Authority of City.  Under the provi­sions of ORS Chapter 401 and appli­cable municipal charter provisions, the autho­rity and respon­sibility to organize for and respond to emergency situations is vested in each politi­cal subdivision of the state.  ORS Chapter 401 further authorizes the govern­ing body or executive officer of each city to establish an emergency management agency to perform emergency program management functions, to include, but not limited to, pro­gram devel­opment, fiscal management, coor­dina­tion with nongovern­mental agencies and organizations, public information, personnel training and development and implementation of exercises to test the system.

2.720      Declaration of Emergency.

(1)  When, in the judgment of the city council, a state of emer­gency exists, it shall declare in writing and publicize the existence of the emergency.  If circumstances prohibit the timely action of the city council, the mayor may declare a state of emergency, provided that the approval of a majority of the city council is sought and obtained at the first available oppor­tunity.

(2)   The state of emergency declared pursuant to this section shall specify the area(s) which warrant the exercise of emergency controls.  The mayor shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed.

2.725      Succession of Authority.

(1)  In the event the mayor is unavail­able or unable to perform his/her duties under this chapter, the duties shall be performed by:

(a)   President of the council;

(b)   City administrator;

(c)  Fire chief.

(2)  All references to the mayor in this chapter shall be deemed to refer to the successor referred to in this section.

2.730  Regulation and Control.  Whenever a state of emergency has been declared to exist within the city, the city coun­cil is empow­ered to order and enforce the measures listed in this section. However, if circumstances prohibit the timely action of the city council, the mayor may order the follow­ing measures provided that approval from a majority of the city council is sought and obtained at the first available opportunity, or the mayor's order will become null and void.

(1)  Establish a curfew for the area designated as an emergency area which fixes the hours during which all persons other than officially autho­rized personnel may not be upon the public streets or other public places;

(2)  Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place within the area;

(3)  Barricade streets and roads, as well as access points onto streets and roads, and prohibit vehicular or pedestrian traffic, or restrict as an emergency area for such dis­tance or degree of regulation as may be deemed necessary under the circumstances;

(4)  Evacuate persons from the area designated as an emergency area;

(5)  Close taverns or bars and pro­hibit the sale of alcoholic beverages through­out the city or a portion thereof;

(6)   Commit to mutual aid agree­ments;

(7)  Suspend standard procurement procedures to obtain necessary services and/or equipment;

(8)  Redirect funds for emergency use;

(9)  Order such other measures as are found to be immedi­ately necessary for the protection of life and/or property.

2.735      Acquisition of Resources.  Under this section, the city council is autho­rized to extend government authority to non­govern­mental resources (i.e., personnel, equipment) which may support regular gov­ernment forces during an emergency and may enter into agreements with other public and private agencies for use of resources.  When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable com­pensation.

2.740      Penalty.

(1)  Any person, firm, corporation, association or entity who violates any emer­gency measure taken by the city council under authority of this chapter shall be sub­ject, upon conviction, to a fine of not more than $500 per offense.

(2)  Each day of violation shall be deemed a separate offense for purposes of imposition of penalty.

(3)  Where the Oregon Revised Statutes provide for a penalty for the act, commission or omission, the penalty pre­scribed herein shall be no greater than pre­scribed by said Oregon Revised Stat­utes.

2.745      Responsibility for Emergency Pro­gram Management.  For the pur­poses of this chapter, the person appoint­ed by the city council as the emer­gency program manager shall be responsible for managing the city's emergency pro­gram and implementing the emergency operations plan as appropriate. Specific duties shall include, but not be lim­ited to, the follow­ing:

(1)   To develop, update and revise the city's basic emergency operations plan;

(2)   To coordinate the activities of city departments and other agencies with emergency services capabilities in the devel­opment of individual operational annexes to the basic plan;

(3)   To provide for the coordination of emergency plans, pro­grams, and opera­tions with the county, neighboring juris­dic­tions, and other public and private agencies with emergency services responsibilities;

(4)   To develop working agreements with the county, neighboring jurisdictions and service districts to assure coordinated response to an emer­gency in the city;

(5)   To provide for the procurement of personnel, equip­ment, materials and sup­plies from higher authority, and for the accounting thereof for use in the event of a declared emergency;

(6)   To provide for coor­dinated operations emergency conditions;

(7)   To recommend to the council any ordinances or procedures which would assist the council and other city officials in the performance of their duties in preparing for, responding to, and recovering from an emer­gency.

[Sections 2.720 and 2.745 amended by Ordinance 618 on September 12, 2013]

 

DISPOSITION OF UNCLAIMED PROPERTY

 2.800      Property in Police Department Possession-­Disposition.  When­ever the law enforcement official of the city has any prop­erty, includ­ing money, but excluding vehicles subject to ORS 819.100 to 819.260, in his posses­sion, the owner­ship of which is un­known, and which is unclaimed for a period of three months (90 days) after the property came into the pos­session of the police de­partment, the city law enforcement officer shall, unless the disposition of such property is otherwise specifi­cally provid­ed for by law, report the fact to the city administrator and request authority to dispose of it as pro­vided in sections 2.800 to 2.825.

2.805      Manager Authority‑‑Disposition by Sale-­Notice.  The city administrator shall act upon the request of the city law enforcement officer within thirty days after the request for a public sale and if the city administrator approves the request, the city administrator shall cause to be posted written or printed notice of sale in three public places within the city at least ten days before the sale.  Notice shall also be published in a newspaper of general circula­tion within the city at least ten days prior to the date of sale or trans­fer.  The notice shall describe the property, excluding money, and shall state the time and place of public sale at which the property may be purchased by the highest bidder.  Until the date of the sale, the property, excluding money, may be claimed at the office of the city law enforcement officer.  If ownership is proved, the city law enforcement officer shall turn the property over to the owner and cancel the sale insofar as the claimed property is con­cerned.

2.810      Conduct of Sale‑‑Disposition of Funds.  The city law enforcement officer shall cause the sale to be conducted and shall deposit the proceeds thereof, together with any other money included in the notice, in the city treasury to the credit of the city general fund.

2.815      Transfer of Property to City.  In lieu of a sale of the property under the foregoing provisions of sections 2.800 to 2.825, the city law enforcement officer, with the approval of the city administrator, may transfer any portion of the un­claimed property to the city for use by the city or other govern­mental agen­cies, or by des­truction after the same notice as set forth in section 2.805.

2.820      Destruction of Contraband.  The city law enforcement officer shall cause contra­band or illegal drugs, and/or substances to be destroyed at the direction of the court after such prop­erty has been provided to the courts as evidence and is no longer required by the procedure at the courts.  Any unclaimed or found contraband, illegal drugs, and/or substances shall be destroyed at the direction of the city law enforcement officer and cer­tification of destruction shall be placed in the case file jacket relating to such found or unclaimed property.

2.825      Claim by Owner After Sale.

(1)  If the property is sold as pro­vided herein, and if within six months after the sale, the owner of the property, including money, files with the city administrator a claim for the property, and proves his right to the same, the city administrator shall direct that the money or the amount received for the prop­erty, less expenses of the sale, shall be paid to the owner from the city treasury.  The city administrator shall not approve any claims filed more than six months after the sale.

(2)  If the property is transferred to the city or other gov­ernmental agency, in lieu of sale, it may be claimed by the lawful owner thereof at any time within six months from the transfer to the city, or other governmental agency.  The city law enforcement officer and the city administrator, in dispos­ing of property in the manner provided herein, shall not be liable to the owner thereof.

 

MUNICIPAL LIEN SEARCH

2.850  Municipal Lien Search Fee Estab-lished.  The purpose of the munici­pal lien search fee is to recover personnel, material and equipment costs associated with pro­viding information and searching for muni­cipal liens on real property.  The city shall charge a fee, as set by resolution of the City Council, for each property for which a municipal lien search is to be conducted by the city upon the request of a private individual, title com­pmany or other source, and said fee shall be paid in advance.

[Amended by Ordinance 567 on April 8, 2004]

 

SURPLUS REAL PROPERTY SALES

2.875      Qualification‑‑Classification.  Real property qualifying for the proce­dure estab­lished by sections 2.875 to 2.900 is classified as fol­lows:

(1)  Substandard Undeveloped Prop­erty.  Parcels with no struc­tures thereon which are not of minimum buildable size for the zone in which located.

(2)  Standard Undeveloped Prop­erty.  Parcels with no structures thereon which are of minimum or greater buildable size for the zone in which located.

(3)  Developed Property.  Parcels of any size with structures thereon.

(4)  Special‑case Property. Parcels that, notwithstand­ing subsec­tions (1), (2) and (3) of this section, were ac­quired by the city for capital improvement as defined by this code and were purchased subject to an agreement for the man­ner in which any sur­plus would be disposed.

2.880      Disposal of Substandard Undeveloped Property.

(1)  Whenever a particular parcel or parcels is proposed for sale by the city, or a purchase inquiry is made, and the property is classified as substandard undeveloped prop­erty, the matter shall be set on the regular council agenda, but no public hear­ing is required.  Notice shall be given, how­ever, of the agenda item to all property owners within two hundred fifty feet of the parcel and to any parties who have inquired about purchase.  The council shall deter­mine whether it will offer the property for sale and what the mini­mum acceptable terms of the sale shall be.

(2)  If the council directs that a prop­erty is to be of­fered for sale, the city administrator shall request bids on the property following prescribed procedures.  The mini­mum accep­table terms of sale shall specify that all bids are to be accompanied by a deposit in the amount of $500 or five percent of the bid amount, whichever is larger.  If the city does not accept the bid, the deposit shall be refunded.  If the city accepts the bid and the pur­chaser neglects or refuses to comply with any terms of the sale or to make all required payments promptly, the deposit shall be forfeited by the purchaser as liquidated dam­ages, not excluding other remedies, and disposed of in accor­dance with the manner approved by the city coun­cil.  If no accept­able bids are received on a particular parcel and it is clas­sified as sub­standard undevel­oped property, the parcel will not be listed but shall remain available for sale through the city for a period of one year on the same mini­mum terms as estab­lished under subsection (1) of this section.

(3)  After expiration of the period set out in subsection (2) of this section, the property shall be removed from the market.  Any decision to sell a piece of property once it has been removed from the market shall require that the entire procedure set forth in sections 2.875 to 2.900 be repeated. 

2.885      Disposal of Standard Undevel­oped Property and Developed Property.

(1)   Whenever a particular parcel or par­cels is proposed for sale by the city or a purchase inquiry is made and the property is classified as standard undevelop­ed prop­erty or developed property, the matter shall be set for a hearing before the council.

(2)   Notice of said hearing shall be published in a news­paper of general circula­tion in the city at least once and not later than one week prior to the hearing and shall de­scribe the property proposed for sale.

(3)   An appraisal may be made prior to sale for any par­cel classified as standard undeveloped property or devel­oped property, including any structure thereon.  In the discre­tion of the council, such appraisal shall be available at or prior to the hearing or shall be ordered after the hearing is con­cluded, if the council deter­mines a sale is appropriate.

(4)   Public testimony shall be solicited at the hearing to determine if a sale of any parcel is in the public in­terest.

(5)   After the hearing, the council shall determine whether it will offer the prop­erty for sale and what the mini­mum accept­able price shall be.

(6)   If an offer to sell is authorized by the council, a notice solicit­ing sealed bids shall be published at least once in a news­paper of general circula­tion in the city.  One publication shall be made at least two weeks prior to the bid deadline date.  The notice shall describe the property to be sold, the minimum acceptable terms of sale, the person desig­nated to receive bids, the last date and time that bids will be received, and the date, time and place the bids will be opened.  The minimum acceptable terms of sale shall specify that all bids are to be accompanied by a deposit in the amount of $500 or five percent of the bid amount, whichever is larger.  If the city does not accept the bid, the deposit shall be refunded.  If the city accepts the bid and the purchaser neglects or refuses to comply with any terms of the sale or to make all required payments promptly, the deposit shall be forfeited by the purchaser as liquidated damages, not excluding other remedies, and disposed of in accordance with the manner approved by the city coun­cil.

(7)   If one or more bids are received at or above the minimum acceptable terms, the council shall accept the high­est qualified bid and direct the city administrator to com­plete the sale.

(8)   If no acceptable bids are received on a particular parcel, the parcel may be listed for six months with a local real estate broker on a multiple listing basis.  A price will be set which is the total of the broker's fee and the minimum price as established under subsection (6) of this section.  Brokers shall be selected in accor­dance with the criteria found at section 2.900. A listing may be renewed for an additional six‑month period.

(9)   After expiration of the period set out in subsection (8) of this section, the property shall be removed from the market.  Any decision to sell a piece of property once it has been removed from the market shall require that the entire procedure set forth in sections 2.875 to 2.900 be repeated.

2.890      Initial Offering by Sealed Bids.  All prop­erties classified as substan­dard unde­veloped property, stan­dard unde­veloped property and developed property authorized for sale shall be initially offered on the basis of sealed bids only.

2.895      Disposal of Special‑Case Property.

(1)  When­ever a particular parcel or parcels is proposed for sale by the city, or a purchase inquiry is made, and the property is classi­fied as special‑case property, the matter shall be set on the regular council agenda, but no public hearing is re­quired.

(2)  The council shall determine the validity of the agreement for the manner in which the surplus property would be dis­po­sed of and whether all preconditions have been satis­fied.  If the agreement is deemed valid, the property shall be dis­posed of pur­suant to the agreement's terms.  If the council concludes that the agreement is not valid, the prop­erty shall be disposed of in the manner described under the appropriate alternate class: substandard undeveloped prop­erty, standard undevel­oped property or developed property.

2.900      Broker Selection. The selection of a real estate broker shall be in accor­dance with the following pro­cedures:

(1)   The city shall publish notice in a newspaper of general circulation in the city inviting proposals for the sale of the real property.  The notice shall be published at least one week prior to the meeting at which the council in­tends to select a broker.

(2)   The broker's proposal shall be in writing and it shall address the selection criteria set forth in subsection (3) of this section.

(3)   The council shall consider the following factors in the selec­tion of a broker:

(a)   The broker's record in sell­ing the type of real property being offered by the city for sale and the broker's familiarity with Lafayette area market values;

(b)   The broker's proposed mar­keting plan and time lines, signs, advertising, direct mail and/or other methods;

(c)   Other factors which the council has stated in the notice of the invitation to submit a proposal. 

 

ANNEXATION FEES

2.950      Definitions.  As used in sections 2.950 to 2.960, the following words and phra­ses shall have the meanings as­cribed to them in this section:

               Application.  A petition or any other form of initiatory action for an annexation or boundary change.

               Boundary change.  A major or minor boundary change.

               Boundary change procedure.  The procedure defined and required by ORS 199.460 to 199.510.

               Boundary commission.  The local boundary commission created by ORS 199.425.

2.955      Administrative Costs of Boundary Changes.  Any applicant for a boun­dary change to the city, including proposed annexations, shall assume and pay or cause to be paid the city's actual costs of the boun­dary change procedure, including but not exclusively limited to the costs of title reports, maps, aerial photographs, engineering stud­ies and surveys, if such are required by the city council, as well as filing fees assessed by the boundary commission, publication costs for required notices, attorneys' fees and legal expenses, and all costs of special elections if called by a referendum of the voters of the city, and the city's costs of any appeal from any final order of the boundary commission.

2.960      Boundary Change Application Deposit Fee.  Each applicant for a boun­dary change shall pay to the city recorder at the time of the filing of the application for bound­ary change the sum of $250 to apply on such costs.  Each time the deposit is reduced to $25 or less because of actual expenses incurred by the city for its review of the boun­dary change application, a supple­mentary deposit in the same amount will be made by the applicant.  Proceedings upon the applica­tion will be suspended until the supplemen­tary deposit has been made.  Any overage shall be remitted to the applicant without interest.  The city's cost for boundary chan­ges shall be assumed and paid by the appli­cant, not withstanding the fact that the appli­cation is withdrawn by the applicant, denied by the city council, the boundary commission or a court of competent jurisdic­tion on ap­peal.