(A) All bids and offers to purchase or exchange submitted in response to a notice given pursuant to § 30.47(A) and (D) shall be in writing, sealed with the envelope identifying the property the subject of the bid and addressed to the City Council and comply with all other terms and conditions specified or referred to in the notice. All bids or offers which propose payment of money shall be accompanied by a deposit of 10% of the total money to be paid either in cash or cashier’s check made payable to the order of the city, which deposit will be refunded if the bid or offer is not accepted. All bids shall be submitted to the City Clerk during regular city office hours. Any written offers or bids submitted or received at the city office after the time set for receipt of bids in the notice of such sale or exchange will not be considered and any such late bidder shall not be permitted to make oral bids hereinafter provided.
(B) At the time and place fixed in the notice for the sale or exchange, all written sealed bids and offers which have been timely received shall, in public session, be opened, examined and declared by the Council.
(C) In all sales or exchanges, the Council reserves the right to take into consideration, in addition to price or property value offered, all factors involved in the transaction, including, but not limited to: the proposed use of the property; the reputation, responsibility, character and integrity of the proposed buyer; the possible impacts or effects upon the city and its facilities, utilities, services, inhabitants, planning and zoning and the relative benefits that may accrue to the city or its inhabitants as the result of the transaction, and the Council may accept a bid or offer which is not the highest if the Council finds that the best interests of the city or its inhabitants will be served thereby. Any final acceptance by the Council may be made either at the same session or at any continued session of the same meeting held within the 14 days next following. The Council may, either at the same session or at any continued session of the same meeting held within the 14 days next following, if it deems such action to be for the best public interest, reject any and all bids and offers, either written or oral, and withdraw the property from sale or exchange. The Council may, thereafter, if it desires, re-institute proceedings to make such sale or exchange upon the giving of new notice thereof in the manner provided in this subchapter.
(D) Upon acceptance by the Council of any bid or offer, the Mayor and City Clerk are authorized to execute and deliver all documents and instruments necessary to carry out and complete such sale or exchange on behalf of the Council and the city in accordance with the terms and conditions of the sale or exchange.
(E) If the successful bidder shall fail, refuse or neglect to complete the transaction and make all payments and fully perform all terms and conditions of the transaction which are to be performed by such bidder within 30 calendar days after the acceptance of the bid or offer, unless otherwise specified in the written notice to bid, all deposits made by such successful bidder shall be forfeited to the city, the contract and transactions shall be deemed rescinded and the Council may accept what is deemed by it to be the next best bid or offer, or deem all bids and offers rejected and the property withdrawn from such sale or exchange.
(1999 Code, § 1-7-4) (Ord. 10-08, passed 6-24-2008)