Over the course of the past few days, we've had some spirited discussion in our lower comments threads concerning the issue of re-vamping the Emerald City Code to restore council approval power in real estate transactions involving "significant parcels." Currently, the applicable city ordinance vests that power almost entirely in the mayor, with council oversight and control limited only to transactions lacking adequate consideration. Curiously, the ordinance does provide for bare formal notice and public comments in such transactions -- yet actual council approval power is conspicuously and mysteriously lacking in the current version of the ordinance.
Perhaps coincidentally, today's Standard-Examiner editorial generally calls upon local Utah city governments to review their own ordinances, in order to refine responsibilities vis-a-vis the various branches and offices in local government. "Be certain that your cities are functioning according to the letter of state laws...," the Standard-Examiner admonishes.
The power over acquisition, management and disposition of real property is granted by the letter of state law to the city council, per provisions of Utah Code Section 10-8-2. Under this code provision, "(1) (a) A municipal legislative body may... (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and dispose of real and personal property for the benefit of the municipality, whether the property is within or without the municipality's corporate boundaries;..."
Additionally, Utah Code Section 10-3-1219.5 provides as follows: "In the council-mayor form of government, the council shall, by ordinance, provide for the manner in which... (1) municipal property is bought, sold, traded, encumbered, or otherwise transferred;..."
Unfortunately, the former "lame-duck Gang of Six" council amended Ogden City Code Section 4-3A-5 (presumably under dictate of the latter above state code section) to delegate almost all authority for the transfer of city-owned real property to the mayor, (in December of 2005 we believe, during the last month of its term of office.) This ordinance amendment amounted to an irresponsible and inexplicable over-delegation of the council's state-designated property-transfer approval power, in our opinion, and an near-complete abdication of the council's role under state law to serve as a check and balance against the executive branch (the mayor.)
We join the Standard-Examiner in its admonition that "[a] little work could save a heap of trouble down the road," and we accordingly urge our readers to contact their councilmembers and demand that the council act with all deliberate speed to restore to itself 1) the power to reject transactions which it deems to be not in the city's best interests, and 2) the approval power over all transactions involving properties defined as "significant parcels" under the City code.
Restoring the council's proper role respecting real estate transactions would be a fundamental formula for good representative government, we believe. In fact, there is no arguable reason, in our view, that the council should defer to the executive branch in any matter involving acquisition, management or disposition of "significant" Emerald City properties.
Reader comments are of course invited.
Update 12/12/06 10:27 a.m. MT: The Standard-Examiner reports a quick and public-spirited response from the Syracuse City Council, whom the Std-Ex editorially-criticized only a week or two ago, for a purported lack of transparency, in its recent reshuffling respective council-mayor powers. The Std-Ex editors report that the Syracuse Council will tonight host a 20-minute power-point presentation, explaining the council's rationale, and arguing their adherence to state law requirements.
Hopefully the citizens of Emerald City will be invited to a similar power-point discussion soon, wherein our own council will be able to explain the near-complete abdication of their legislatively mandated role, i.e., supervision of Emerald City property acquistion, management and dispostion.
Either that, or they can just fix the danged problem.
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11 comments:
In regards to 4-3A-5,
It seems as though this ordinance gives the mayor exclusive authority to sell city property as stated in section “A”, “Every sale, lease, encumbrance, or other conveyance of city owned real property shall be made by the mayor, or under the mayor's express written authority.”, with the only condition for that sale stated in section “B”.
Under section “B” of this ordinance as stated, “The sale of any public use property owned by the city shall not be sold if such conveyance would not conform with the Ogden City general plan, and any proposed conveyance of such property shall be reviewed by the planning commission for its determination as to such compliance.”, that’s the only process that has to happen. The Planning Commission has to determine that the sale complies with the General Plan and then the mayor is free to sell the property. No where does it say anything about the City Council having any rights here to intervene. Where are the checks and balances?
What were the conditions last week that allowed the Planning Commission to determine that the Browning Park property sale conformed with the General Plan and how does that determination differ from the logic that would be used to justify the sale of the Mount Ogden Park and Golf Course? If this or another justification were to be developed that would cause the Planning Commission to determine that the sale of the open space (Mount Ogden) conformed with the General Plan then by my interpretation, our City Council would have no say so in the process.
In section “C” as stated, “Before any sale, lease, trade or other encumbrance of any "significant parcel" of real property of the city, as defined herein, the mayor shall deliver a notice of the pendency of such transaction to the office of the city council and allow an opportunity for public comment on the proposed disposition at a public hearing,”, it would appear that all the mayor is required to do is simply inform the City Council and public as to what he’s going to do, not look for nor require their approval.
In section “E” as stated, “Any proposed sales of city owned industrial park lots desiring a discount from the established market value price, requesting seller assisted financing via installment sale, second mortgage position, or any other form of incentive from the city shall require notification to the city council”, the mayor is basically exempt form notifying anyone within the city on property sales in the commercial or industrial parks within the city. The only time the mayor needs to notify the City Council of any sale of industrial property within the city is when he wants to offer a discount of some nature. I wonder what’s been going on that we’re not even aware of.
In section “F” it’s ironic that this section addresses the use of dollars raised from the sale of property to fund parks and park projects.
We challenge anyone to cite language in current city ordinances or overriding state law which would permit the city council to reject real estate transactions arranged by the mayor, absent circumstances evidencing inadequate consideration.
The council's currently "toothless" legal posture is ridiculous.
No single government official should have such unbridled unilateral authority as does the mayor under the current ordinance.
Principles of good representative government demand that this situation be fixed forthwith.
Absolutely.
And, if not, this 'toothlesslessness' of the council will have them supping at the taxpayers' trough at work meetings, and getting only soup, pablum, and ice cream.
No wait! No ice cream...they're all 'health' conscious now....just some more of the gruel the rest of us 'orphans' are holding out our bowls for more of. "Please, suh."
Have we not been demanding, encouraging, begging this council, since last January, to get the appropriate anatomy in working order...even if they're TEETH have been pulled?
Get a dentist on that Council!! New choppers of industrial strength for everyone.
While it's inconceivable that a previous Council abdicated its authority to approve land sales, I would tend to be very forgiving if the present Council would restore that authority.
It seems the simple addition of a few words here and there to the present code would rectify the problem and restore our laws to their proper form under state law.
BTW, if it was the “gang of six” who voted for this travesty, who was the lone dissenter?
You can bet your life it wasn't Stafsen
A surer bet is Brandon!! The mayor's 'yes' boy.
"BTW, if it was the “gang of six” who voted for this travesty, who was the lone dissenter?"
Good question. The former "gang of siz" in WCF jargon included the mayoral automatic pro-tyrant "rubber-stamps" Safsten, Stephenson, Filaga ,Jorgenson and the lame-brain grotesque moron gargoyle Burdett.
Add the Hitler-clone Godfrey to the mix and you have "the gang of six."
Iii got word today that Dian Woodhouse had a massive heart attack Sunday. This comes from a good source but thought I would go to this forum for verification. If it is true, I understand she is at Ogden Regional and it was serious. May all of our prayers go out to her and her family.
ogden iii's
We regretfully confirm that the information you have is essentially correct.
We have refrained from going public with this at Dian's family's request.
We will provide more information, once we've received appropriate clearance.
In the meantime, please include Dian and her family in your prayers.
Dian's Uncle Bruce says---
The docors were pressuring Matt and me to turn off the machines last night, but a third doctor came in todday and said she was much improved but had he been there last evening he would have come to the same conclusion. They are giving her another eighteen hours and then doing some neurological work on her. After that we just don't know. BTW she is not at Ogden Regional. but is in very critical condition. Thanks for inquiring. Just say prayers for her and Matt.
Dian is one of the finest people I know. Her intellect and reasoning is superb. Matt is 'devasted', but told me they all appreciate and want our 'prayers and thots'.
I, like you, believe in the power of prayer, and the Lord's will be done.
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