1-13-4: DETERMINATION OF REAL PROPERTY IN PUBLIC USE:
A. Approval Of City Council: The determination of real property in public use, regardless of the value thereof, shall be made by the city council in an open meeting. In the event of a significant parcel as defined, prior to any disposal, the city council must first hold a public hearing with proper notice as set forth in this code and under Utah law.
B. Real Property In Public Use: Real property in public use is deemed to be a significant parcel and includes but is not limited to:
1. Realty and improvements thereon in actual current use or which is anticipated to be used as governmental offices or other public buildings, courthouses, jails, police stations, fire stations, developed parks or other recreational or entertainment facilities, utilities, cemeteries, animal control facilities, hospitals or other health facilities, facilities for the welfare of the indigent, sanitary landfills, or any other realty or improvement thereon held for the benefit or advantage of the general public and not confined to use by privileged or particular individuals, without regard to whether that use may be classified as governmental or proprietary; and/or
2. Realty and improvements that have benefit and add to the general health, safety, and welfare of the community including, but not limited to, open space, golf courses, trails, utilities, parks, sports fields, development buffers, flood plain protection, river or waterways, critical lands, hillsides, viewshed areas, geologic hazard areas, or historic value areas, which are held for the benefit or advantage of the general public.
C. Public Hearing: The public shall be allowed to comment on any proposed disposal of a significant parcel of city-owned real property. Comment shall be made in the following manner to be designated prior to the disposal by the city manager:
1. In writing, submitted to the city recorder by the time and date set by the city manager; or
2. In a public meeting, the time and date of which shall be set by the city council.
D. Notice: Not less than fourteen (14) days’ notice shall be given prior to the disposal of a significant parcel of city-owned real property. The notice shall state whether public comment will be taken in writing along with the deadline for the submission, or in a public meeting along with the date, time, and place of the meeting. Notice shall be as provided by law.
E. Determination: With respect to the disposition of significant real property as defined, the city council shall, after the appropriate public hearing, determine in its discretion whether the significant real property may be sold or otherwise disposed of, directing staff to effect the decision, and authorizing the mayor to execute all necessary documents where appropriate. (Ord. 2022-12-007, 12-15-2022)