Ordinance #12,135

AN ORDINANCE AMENDING SECTION 22-33 OF CHAPTER 22 OF THE MONROE CITY CODE ENTITLED MONROE AIR-INDUSTIRAL PARK DEVELOPMENT ORDINANCE AND FURTHER PROVIDING WITH RESPECT THERETO:

WHEREAS, the current Monroe City Code of Ordinances contains Chapter 22 entitled “Monroe Air Industrial Park Development Ordinance;”

WHEREAS, the City has determined that in order to encourage further economic development in the Monroe Air Industrial Park, Section 22-33 entitled “Sales” should be amended;

NOW THEREFORE, it is hereby ordained that Chapter 22 entitled “Monroe Air Industrial Park Development Ordinance” of the Monroe City Code is hereby amended and enacted as follows:

Sec. 22-33. Sales.

(1) The advisory board must recommend the sale of the property and it must be approved by city council. All sales shall be subject to the covenants, restrictions and conditions for the Monroe Air-Industrial Park and other policies established by the board.

(2) The purchaser of the property must make use of the property as set forth in the preliminary proposal for development provided under Section 22-32. If the property owner desires to change the use(s) or development of the property from those set forth in the preliminary proposal, the property owner must submit a new preliminary proposal in accordance with Section 22-32, the advisory board must recommend the change in use or development of the property, and the new preliminary proposal must be approved by City Council.

(3) If the property owner does not make use of the property as set forth in the preliminary proposal or has not obtained approval from the City Council for a change in use or development, the following shall apply:

• If the property owner fails to begin development within the earlier of eighteen (18) months or within the time set forth in the preliminary proposal and has not obtained an extension of time from the City Council, the property shall be sold back to the City at seventy-five (75) percent of the original purchase price paid to the City, regardless of any permanent improvements or modifications to the premises.
• If the property owner does not initially develop the property in accordance with the preliminary proposal, the property shall be sold back to the City at seventy-five (75) percent of the original purchase price paid to the City, regardless of any permanent improvements or modifications to the premises.
• If, after initial development or use of the property in accordance with the preliminary proposal, the property owner or a subsequent property owner does not make use of the property as set forth in the preliminary proposal and has not obtained approval from the City Council for a change in use or development:

i. The City shall notify the property owner in writing that the use of the property is not in conformity with the preliminary proposal and provide the property owner a period of sixty (60) days to bring the use of the property into conformity with the preliminary proposal or to obtain approval for a change in the use or development of the property. If the property owner seeks a change in use or development in good faith and not as a means of delay, then the notice period will be suspended until such time as City Council has approved or denied the change in use.

ii.  If the property is not brought into conformity with the preliminary proposal after notice and the expiration of all delays, the City may seek the following non-exclusive remedies in addition to any other remedies provided for by law:

• Seek equitable relief, including temporary restraining orders, preliminary injunctions, or similar temporary and equitable relief in a court of competent jurisdiction;
• Purchase the property from the property owner at fair market value, considering the current condition of the property, including any improvements thereto; and/or
• Impose any fines or penalties authorized by law.
• The provisions of this section are not subject to the defenses of waiver, laches, or equitable estoppel.

(4) In the event a third party seeks to buy or an offer is made to buy property acquired from the City under this Chapter, then the property owner shall extend to the City a first right of refusal offering the City the right to purchase the property upon the same terms and conditions. The City shall have a period of sixty (60) days to determine whether it will exercise its right to of first refusal. Each deed or act of sale entered into by the City shall indicate the City’s right of first refusal.

(5) All option contracts shall have a time limitation of one year unless otherwise approved by the board. Cost for an option contract shall be one per cent per month of the purchase price of the building site, payable in advance and nonrefundable if the option is not exercised within the allotted time frame of the agreements. If an option is exercised, option costs shall apply to the purchase of the property.

This Ordinance was introduced on the  26th day of  July, 2022.

Notice published on the  29th day of  July, 2022.

This Ordinance having been submitted in writing, introduced and published, was then submitted to a vote as a whole, the vote thereon being as follows:

AYES: Harvey, Ezernack, Marshall & Dawson

NAYS: None.

ABSENT: Councilwoman Woods

And the Ordinance was declared ADOPTED on  9th day of  August, 2022.