§ 10. Procedure for acquisition of development rights.

(a)

The city manager shall ascertain the value of the development rights of the property, which value shall be equal to the difference between the fair market value of the property without encumbrance by a preservation easement and the fair market value of the property so encumbered. The city manager is hereby authorized, but not required, to contract with qualified appraisers in ascertaining the value of the development rights.

(b)

The city manager shall communicate to the landowner, or the designee of the landowner, in writing, an offer to purchase the development rights of the subject property. Prior to communicating any such offer, however, the city manager may seek the approval of the city council therefor. Such offer shall be in an amount determined by the city manager to represent the value of such development rights and shall be subject to available funding, the approval of the city council, and such other terms and conditions as the city manager may deem appropriate. It shall also be conditioned upon the absence of any defects in title or other restrictions or encumbrances which may, in the opinion of the city attorney, adversely affect the city's interests in accomplishing the purposes of this ordinance.

(c)

In the event the offer is accepted by the landowner, the city manager shall place the matter before the city council for approval. The city council may approve the purchase of development rights only with respect to such applications for which there is available funding, in a priority determined by points assigned under the farmland ranking system, and only upon finding that the proposed terms and conditions of purchase, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of this ordinance. In the event there is sufficient available funding for the purchase of only a portion of the property included in an application, the landowner shall be given the opportunity to submit a revised application including a lesser amount of property.

(d)

Consideration of applications which are the subject of an agreement of purchase, but for which there is insufficient available funding in the then-current fiscal year, shall be deferred to the next fiscal year or until such other time as available funding is sufficient unless the landowner withdraws the application. No preference shall be given to such applications except as indicated by the farmland ranking system.

(e)

Within ten (10) days after the acquisition of a preservation easement, the planning director shall cause to be made on the official zoning map a notation of such acquisition and the date thereof.

(Ord. No. 2585, 6-6-00)

(Ord. No. 2585, 6-6-00)