(A) Personal property. Personal property owned by the city which is no longer needed by the city may be sold by order of the Mayor without the taking of bids if the sale price of the item is $500 or less, and if the sale price is in excess of $500, may be sold by the Mayor after taking of bids, sealed or unsealed. Trade-ins of city equipment upon the purchase of new or used equipment needed by the city may be made by the Mayor on behalf of the city, and no bids shall be required if the total cash to be expended by the city in excess of any trade-in allowance shall not exceed $500. If the total cash to be expended by the city in excess of any trade-in allowance is in excess of $500, but not in excess of $2,000, competitive bids shall be required as hereinbefore set forth for expenditures. If the total cash to be expended by the city in excess of any trade-in allowance is in excess of $2,000, sealed competitive bids shall be required as hereinbefore set forth for expenditures.
(B) Real property.
(1) Process applicable to all sales of real property, except as provided by subsections (B)(2) and (B)(3) below.
(a) The city’s Department of Public Works shall prepare and maintain a map identifying real property owned by the city. The map will be maintained at the City Clerk’s office.
(b) The city’s department heads and the Chairman of the Parks and Recreation Committee shall review the map of city-owned property in December of each year and identify those parcels necessary for public purposes which shall not be offered for sale.
(c) The City Council shall review the map, including the parcels identified as necessary for public purposes and shall consider adoption of a Resolution of Intent To Sell Real Estate in January of each year. This Resolution shall identify the manner and method of sale including the specific notice procedures and date for the bid opening attached to the sale. This Resolution shall further establish a pre-approved cash sale price for each parcel to be offered for sale. This pre-approved cash sale price shall serve as the minimum bid price for those parcels being offered for sale on a sealed bid basis.
1. a. For newly acquired properties (i.e. those properties acquired by the city within the preceding 12 months period) which have never been offered for sale by the city, the Council shall conduct a sealed bid sale. Properties offered for sale by sealed bids shall be sold to the highest qualified bidder meeting all bid requirements and other terms and conditions of the sale, but the city shall retain the right to reject any and all bids.
b. Any bids approved by the Council shall require 2 approvals in accordance with Section 11.3 of the Burton City Charter.
2. a. For all other properties, including those properties which have been previously offered for sale by sealed bid sale, but which did not sell, the Resolution shall establish a date for the acceptance of Conditional Purchase Agreements at the pre-approved cash-sale price. All such Conditional Purchase Agreements shall thereafter be considered by the City Council.
b. Any Conditional Purchase Agreements approved by the Council shall require 1 affirmative vote of 5 or more members of the Council.
3. All sealed bids and Conditional Purchase Agreements shall be accompanied by a deposit of 5% of the price being offered for the property. Such deposit may be made by certified check, cashier’s check, or money order made payable to the City of Burton.
(d) The city may elect to retain the services of qualified appraisers or real estate professionals to assist in the sale of specific properties, and all fees and commissions charged shall be included as costs of sale.
(2) Procedures applicable to specific parcels.
(a) Notwithstanding the provisions in subsection (B)(1), above, the following real property may be sold by the city without any further notification or advertisement, and at any price, except as may be required by Council as a condition of approval of a Resolution Authorizing Sale:
1. Property having a true cash value of $7,500 or less;
2. Residential lots which because of size or other factors are unbuildable;
3. Unimproved residential lots having a true cash value of $15,000 or less when an abutting property owner is the proposed purchaser.
(b) Any lot within a platted subdivision where the city has, by resolution, established an approved sale price with pre-approved terms and conditions, may be sold at the pre-approved price in accordance with the pre-approved terms and conditions. The resolution adopted by the City Council December 15, 2008, establishing terms, conditions and prices for lots within the Trail Ridge Estates Subdivision is hereby ratified and shall remain in full force and effect until such time as it shall be modified by resolution of the City Council.
(c) Notwithstanding the provisions in subsections (B)(1) or (B)(2)(a), all properties may be sold without further advertisement or bid at a price equal to or greater than its current state equalized value.
(d) Notwithstanding the provisions in subsections (B)(1) or (B)(2)(a), all properties may be sold by auction sale or by sealed bids. Properties proposed to be sold pursuant to bid sale shall be posted with notice of the sale, including the date thereof, and all terms and conditions of such sale, shall be published at least once in any newspaper of general circulation within the city.
(e) The sealed bid sale required by subsection (B)(1)(c)1.a. may be deemed unnecessary by the Council in the Resolution of Intent to Sell Real Estate for reasons such as an insufficient number of properties available for sale or any other reasons deemed sufficient by the Council. Furthermore, the Council may approve the sale of any real property within the city by the adoption of a Resolution Authorizing Sale upon such terms and conditions as deemed to be in the best interest of the city.
(3) Any property acquired by the city to protect the city’s tax lien thereon shall be sold in strict conformance with the provisions found in Section 8.20 of the Official Charter of the City of Burton.
(4) No contract for the sale of property shall be made with any person who is in default to the city.