The petition to dispose of the Wimbleton trails did NOT contain an appraisal. This is a conflict of the sworn statement of the councilman who lives in the neighborhood and against the law for the for the city to sale property without without an appraisal. This isn’t a small parcel, its over 6 acres.
The city has NO current certified appraisal backing the pricing of $2.45 offered to the Wimbleton residents. An independent appraisal IS important if the city is selling 6.17 acres of property.
Councilman Kurt Ostler stated the following at the Dec. 3, 2019 city council meeting:
Fair Market Value:
The fair market is what a private seller and private buyer agrees. Here’s how selling city property differs, the city council doesn’t own the Highland City property, the city council is elected to be entrusted, stewards.
As a government entity, the city and the city council need to make sure they are protecting all of the 19,000+ Highland City residents and making sure everything is transparent and fair, and no friend or neighbor deals are being done. The city needs to establish fair market value through appraisals.
Highland City Municipal Code: https://highland.municipalcodeonline.com/book?type=ordinances#name=Chapter_2.44_DISPOSAL_OF_PUBLIC_PROPERTY
A. The city shall have the authority to sell, lease, convey and dispose of real public property for the benefit of the city as provided by Utah Code Annotated Section 10-8-2, as amended.
B. Before the city may dispose of a significant parcel of real public property, the city shall:
- Declare the property surplus by resolution at a regularly scheduled city council meeting; and
- Shall publish a notice of the proposed disposition of real public property and of a public hearing before the city council to consider such disposition:
- Once in a newspaper of general circulation; at least fourteen days prior to the hearing; and
- On the Utah Public Notice Website created in Section 63F-1-701, at least fourteen days before the date of the hearing; and
- Advertised on the Highland City Website, at least fourteen days before the date of the hearing. (This defines “reasonable notice of real property” as required by Utah State Code.)
3. Hold a meeting at which the city council accepts public comment on the proposed disposition.
4. Direct the city administrator to cause the real public property to be appraised by a licensed real estate appraiser.
For purposes of this chapter, the following definitions shall apply:
“Significant parcel of real public property” shall mean all real property excluding property that is being maintained and used by the public as a prescriptive use for public rights-of-way (roads, trails, etc.).
- If a parcel has been designated for disposal the property shall be sold in accordance with Utah Law and Chapter 2.44 Disposal of Public Property.
As of Dec. 3, 2019, the City Council never obtained an appraisal on Wimbleton property.
Wimbleton property disposal is 268,547 sq ft or 6.12 acres of Highland City Open Space