Ordinance 2974-07 - Laserfiche WebLink

i . ORDINANCE NO. 2974-07 An Ordinance regulating leasing and licensing of City-owned real pre.- • Whereas, pursuant to RCW 35.22.302, first class cities that own real property have express legislative authority to "convey or lease for public or private use any estate, right or interest in the areas above the surface of the ground of such real property or structures or improvements thereon ..." as long as the property is not already dedicated to a public use that is inconsistent with the proposed new use; and Whereas, on September 19, 2006, the voters approved an amendment to the City Charter that deleted Section 15.8 and substituted the following: "In addition to the powers accorded to the City under the laws and constitution of the State of Washington with respect to the ownership and disposition of property, the Council may by ordinance provide regulation for the sale or lease of City property"; and Whereas, this Ordinance is intended to address the leasing and licensing of City-owned real property, leaving the process for the sale of City-owned real or personal property to be addressed in separate ordinances; and Whereas, this Ordinance is intended to be consistent with Washington statutory and constitutional law; and Whereas, this Ordinance is intended to establish a leasing and licensing process that is flexible enough to take into account different leasing or licensing scenarios while considering the possible future requirements of the City, public benefits, intergovernmental cooperation, economic return and ease of administration; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Council considerations in determining whether to approve a lease or license. Except as otherwise provided in this Ordinance, City-owned real property shall not be leased without prior City Council approval. In determining whether to approve a lease or license, the Council shall consider such factors as possible future needs of the City for the property proposed to be leased or licensed; the public benefits of leasing or licensing said property; the promotion of intergovernmental cooperation; whether the lease or license provides the best economic return to the City and the ease of administering the proposed lease or license. 1