(A) Title. This section shall be known by and may be cited as the Village of Birch Run Sale of Village Owned Property Ordinance. The intent of this section is to comply with (M.C.L.A. § 67.4) regulating the sale of publicly owned real and personal property under the control of the Village of Birch Run.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
NOTICE OF INTENT TO SELL. The specific advertisement prepared for announcing the sale and providing specific information on real and/or personal property available for sale.
PERSONAL PROPERTY. All property other than real property including, but not limited to, goods, chattels, effects, furniture, equipment and vehicles.
REAL PROPERTY. All lands owned by the village, all buildings and fixtures on the land and appurtenances thereto pursuant to the General Property Tax Act, Public Act 206 of 1983, being M.C.L.A. §§ 211.1 through 211.157, as amended.
VILLAGE COUNCIL. The elected legislative body of the Village of Birch Run.
VILLAGE MANAGER. The Chief Administrative Officer for the Village of Birch Run.
VILLAGE PRESIDENT. The Chief Elected Official for the Village of Birch Run.
(C) Sale of real property.
(1) The Village of Birch Run shall offer the sale of village owned real property through a public request for proposals process by publishing a Notice of Intent to Sell - Request for Proposals.
(a) The Notice of Intent to Sell - Request for Proposals shall include the following information:
1. A legal description of the real property considered for sale;
2. Request for proposal requirements including, but not limited to, intended use of property, time line for implementation and completion of proposed project, guarantees for completing project as proposed, financial consideration for property, name and address of purchaser, name and address of developer and other information as established by the Village Council;
3. Required waivers for environmental or other liability;
4. Deadline for acceptance of sealed bids;
5. The location where sealed bids can be submitted;
6. The person responsible for receiving the sealed bids;
7. Other information or requirements deemed appropriate by the Village Council for the sale of the real property; and
8. Bid bond requirements, at the amount set by the Village Council, to be submitted by each bidder.
(b) The Notice of Intent to Sell - Request for Proposals shall include the village's right to reject all bids.
(c) The Notice of Intent to Sell - Request for Proposals shall be posted for at least six weeks in three public places within the village limits.
(d) The Notice of Intent to Sell - Request for Proposals shall appear in a newspaper of general circulation at least four weeks prior to the scheduled date for bid opening.
(2) The Village of Birch Run shall offer the sale of public parks, pursuant to M.C.L.A. § 67.4, with the consent of a majority of the qualified electors of the village.
(3) The real property may be sold at a public or private sale.
(4) The Village Manager shall be responsible for the compilation of proposals received and submitting the information to the Birch Run Village Council. Pursuant to § 10.371 of the Village Charter, the sale shall be made to the purchaser whose proposal is the most advantageous to the Village of Birch Run, long-term.
(5) Real estate, or interest in real estate, shall be sold by a majority vote of the Village Council. The vote shall be by roll call and entered into the record.
(6) The Village President and the Village Clerk shall be, by resolution, authorized and directed to act as signatories in the execution of the sale of the real property.
(7) The Village Clerk shall be responsible for maintaining official records on and notifying the Village Auditor of the sale of village owned real property. The records shall be made available to the public consistent with the Michigan Freedom of Information Act.
(D) Sale of personal property.
(1) The Village of Birch Run shall sell publicly owned personal property, which value exceeds $250, by providing a Notice of Intent to Sell.
(a) The Notice of Intent to Sell shall include the following information:
1. A description of the personal property considered for sale;
2. Any minimum bid requirements as established by the Village Council;
3. Deadline for acceptance of sealed bids;
4. The location where sealed bids can be submitted;
5. The person responsible for receiving sealed bids; and
6. Other information or requirements deemed appropriate by the Village Council for the sale of personal property.
(b) The Notice of Intent to Sell shall include the village's right to reject all bids.
(c) The Notice of Intent to Sell shall be posted for 30 days in three public places within the village limits.
(d) The Notice of Intent to Sell appear in a newspaper of general circulation.
(2) The Village Manager shall be responsible for compiling a summary of bids received and submitting the information along with a recommendation to the Village Council. Pursuant to § 10.371 of the Village Charter, the sale shall be made to the bidder whose bid is most advantageous to the village.
(3) Once determined to be most advantageous to the village, the personal property may lie sold by an affirmative vote of the Village Council. The vote shall be by roll call and entered into the record.
(4) The Village President and the Village Clerk shall be, by resolution, authorized and directed to act as signatories in the execution of the sale of the personal property.
(5) The Village Clerk shall be responsible for maintaining official records on and notifying the Village Auditor of the sale of village owned personal property. The records shall be made available to the public consistent with the Michigan Freedom of Information Act.
(Prior Code, §§ 3.001 - 3.004) (Ord. 99-1, passed 2-22-1999; Ord. 00-01, passed 5-1-2000)