SEC. 2-22. EXAMINATION OF NEED.

   The city manager shall conduct an annual examination of the need for city-owned real property. In conducting this analysis, the city manager shall consider the city’s real property requirements expressed through master plans for public facilities, including, but not limited to, libraries, water and wastewater, police and fire, district service centers, streets, and parks. If no need currently or prospectively exists as identified by specific master plans, the real property shall be considered unneeded, and the city manager shall report these findings to the city council and, when appropriate, submit an analysis including zoning, land uses, and development potential in the vicinity of the property. (Ord. Nos. 17259; 28684)

SEC. 2-23. DECISION TO SELL.

   The city council shall determine whether real property should be offered for sale by the city and whether any limitations should be placed on the future use of the property. (Ord. Nos. 17259; 28684)

SEC. 2-24. PROCEDURES FOR THE SALE OF UNNEEDED REAL PROPERTY BY FORMAL BID OR NEGOTIATION.

   (a)   In addition to the requirements of Chapter 272 of the Texas Local Government Code, as amended, and except as provided in Subsection (f) of this section, the city manager shall follow the procedures described in this section for the sale of real property other than property used as public right-of-way.

   (b)   If property has an estimated value of less than $100,000, the city staff shall make an appraisal of the property to determine fair market value. If property has an estimated value of $100,000 or more, the city manager shall obtain an independent appraisal of the property to determine fair market value. The appraisal shall be prepared for the city, and the appraiser shall be selected by the city manager.

   (c)   In order to publicize the availability of property for sale and to attract the attention of all potential buyers, at least 60 days before initiation of formal bid procedures, the city manager shall:

      (1)   prepare a notice of the contemplated offer for sale and descriptive information and send it to:

         (A)   all property owners within 200 feet of the property;

         (B)   real estate brokers known to be active within the immediate community; and

         (C)   neighborhood associations within the immediate community;

      (2)   place a “for sale” sign or signs on the property; and

      (3)   if the estimated value of the property is more than $100,000 and the property can be developed independently under the Dallas Development Code and the Dallas Building Code, place display advertising giving notice of availability of the property in appropriate newspapers or periodicals.

   (d)   If the property can be developed independently under the Dallas Development Code and the Dallas Building Code and there is evidence of an interest in the purchase of the property, the city manager shall initiate formal bid procedures in accordance with state law and send bid invitations to potential buyers.

   (e)   If the property cannot be developed independently under the Dallas Development Code and the Dallas Building Code or is otherwise exempted from bid procedures and publication requirements under state law and there is evidence of an interest in the purchase of the property, the city manager shall initiate negotiations for the sale of the property in accordance with Chapter 272 of the Texas Local Government Code, as amended.

   (f)   This section does not apply to:

      (1)   the sale or exchange of land to other governmental entities; or

      (2)   the sale of real property by public auction under Section 2-24.1 of this division.

   (g)   The procedures required by this section that are not required by state law may be waived or modified, by city council resolution, with respect to a particular parcel of land. (Ord. Nos. 17259; 17457; 20559; 28684)

SEC. 2-24.1. PROCEDURES FOR THE SALE OF UNNEEDED REAL PROPERTY BY PUBLIC AUCTION.

   (a)   Instead of selling real property pursuant to Section 2-24 of this division, the city may sell real property by public auction in accordance with this section and Sections 253.008 and 272.001 of the Texas Local Government Code, as amended.

   (b)   Before real property is offered for sale at a public auction, the city council, by resolution, shall authorize the sale by public auction and establish a reserve amount for the property that will be the minimum price acceptable to the city for that property.

   (c)   Notice of a public auction for the sale of real property must be published once a week, for three consecutive weeks before the auction, in a newspaper of general circulation in a county in which the city is located, and, if the real property is located in another county, in a newspaper of general circulation in the county in which the property is located. The first publication of the notice must be before the 20th day before the date of the auction. The notice must include:

      (1)   the description and location of the real property;

      (2)   the date, time, and location of the public auction; and

      (3)   the procedures to be followed at the public auction.

   (d)   A public auction to sell real property must be conducted in accordance with procedures established by the city manager that are not in conflict with this division, the city charter, Sections 253.008 and 272.001 of the Texas Local Government Code, as amended, or other applicable law.

   (e)   The procedures required by this section that are not required by state law may be waived or modified, by city council resolution, with respect to a particular parcel of land. (Ord. 28684)

SEC. 2-25. TYPE OF CONVEYANCE.

   The city attorney shall determine the type of conveyance or other instrument to be executed by the city prior to the initiation of formal bid procedures or public auction procedures, and this information may be included in the notice when necessary. (Ord. Nos. 17259; 28684)