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(1) The board may dispose of real property not needed for utility purposes in accordance with state law.

(2) In the event the board or its designee determines that real property is not needed for utility purposes, it shall afford the city the opportunity to obtain the property for other municipal purposes by providing the city manager written notice of its availability.

(a) If the city desires to obtain the property, the city manager shall request negotiation within thirty (30) days of the notice of availability.

(b) Within 180 days of the notice of availability, the city manager and the board’s general manager shall negotiate and agree upon terms for the property transfer to present to the board and the city council for approval.

(c) Within 365 days of the notice of availability, the board and the city council shall approve terms for the transfer of the property to the city and compensation to the board for the property.

(d) Any agreed transfer to the city and compensation to the board shall be completed within three (3) years from the notice of availability.

(e) Unless the city manager and the board’s general manager agree in writing to extend one or more of the deadlines, the board may dispose of the property by such means and terms as it deems appropriate if:

1. Within 30 days of the notice of availability the city manager fails to request negotiations; or,

2. Within 180 days of the notice of availability the city manager and the board’s general manager fail to agree upon terms for the property transfer to present to the board and city council for approval; or,

3. Within 365 days of the notice of availability the board and the city council have not approved terms for the transfer of the property to the city and compensation to the board for the property; or,

4. Within three (3) years of the notice of availability the property transfer is not completed.

(amended by Ordinance No. 20662, enacted November 8, 2021; Section 2.196 added by Ordinance No. 19465, enacted April 22, 1987.)