236.21   SALE OF REAL ESTATE AND PERSONAL PROPERTY.
   (a)   Sale of Real Estate.
      (1)   No real estate owned by the City may be sold except upon approval by the Council by ordinance and no real estate owned by the City may be sold for a consideration in excess of ten thousand dollars ($10,000), except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction in one newspaper of general circulation in the City.
      (2)   The advertisement shall be published once not less than ten days prior to the date fixed for the opening of bids or public auction and the date for opening bids or public auction shall be announced in the advertisement.
      (3)   The award of contracts shall be made only by public announcement at a regular or special meeting of the Council or at the public auction.
      (4)   All bids shall be accepted on the condition that payment of the purchase price in full shall be made within 60 days of the acceptance of bids or such later date as the City may determine.
      (5)   The Council may reject all bids which it deems to be less than the fair market value of the real property.
      (6)   In the case of a public auction, the Council may establish a minimum bid based on the fair market value of the real property.
      (7)   If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L. 241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.
      (8)   Real estate owned by the City may be sold at a consideration of ten thousand dollars ($10,000) or less without advertisement or competitive bidding only after the Council estimates the value of the real estate upon receipt of an appraisal by a qualified real estate appraiser.
      (9)   This division (a) shall not apply if the Council exercises its authority to exchange real property of the City for real property of equal or greater value, provided that the property being acquired by the City is to be used for municipal purposes. If the Council chooses to exercise its power of real property exchange pursuant to this division (a), it shall be by ordinance adopted by the Council. Notice of the ordinance, including a description of the properties to be exchanged, shall be published once in one newspaper of general circulation not more than 60 days nor fewer than seven days prior to adoption.
   (b)   Sale of Personal Property.
      (1)   No personal property of the City shall be disposed of, by sale or otherwise, except upon approval of the Council by resolution.
      (2)   The Council shall estimate the sale value of the entire lot to be disposed of.
      (3)   If the Council estimates the sale value to be less than ten thousand dollars ($10,000), the Council may sell the property, in whole or in part, for the best price or prices obtainable.
      (4)   If the Council estimates the sale value to be ten thousand dollars ($10,000) or more, the entire lot shall be advertised for sale in at least one newspaper of general circulation in accordance with the provisions of Section 10109 of the Third Class City Code, 53 P.S. § 35101 et seq. (relating to publication of notices), and sale of the property advertised shall be made to the best responsible bidder.
      (5)   The bids shall not be opened until at least ten days after the newspaper advertisement is published.
      (6)   The provisions of this division (b) shall not be mandatory where personal property of the City is to be traded in or exchanged for other personal property.
      (7)   The Council may sell any personal property of the City at auction pursuant to division (c) of this section, but shall observe the same notice requirements as contained in this division (b).
   (c)   Online or Electronic Auction of Personal Property. In regards to the sale of personal property of the City, an auction may be conducted by means of an online or electronic auction sale subject to the following:
      (1)   Bids shall be accepted electronically at the time and in the manner designated in the advertisement pursuant to the notice requirements set forth above in division (b) of this section.
      (2)   Each bidder shall have the capability to view the bidder's bid rank or the high bid price.
      (3)   Bidders may increase their bid prices during the electronic auction.
      (4)   The record of the electronic auction shall be available for public inspection.
      (5)   The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction, as determined by the Council.
      (6)   In the event that shipping costs are incurred, they shall be paid by the high bidder.
      (7)   If the City has complied with the advertising requirements of division (b) of this section, the City may provide additional public notice of the sale by bid or auction in any manner deemed appropriate by the Council.
      (8)   The newspaper advertisement for electronic auction sales authorized in this division (c) shall include the internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.
   (d)   Non-applicability. Any requirement for advertising for bids and sale to the highest bidder imposed by this part or by the City pursuant to this division (d) shall not apply where real or personal property of the City is sold to the following, provided that when any real property is no longer used for the purpose of the conveyance, the real property shall revert to the City:
      (1)   The Federal Government, the Commonwealth, a municipality, home rule municipality, institution district or school district.
      (2)   A volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the City or providing emergency services in the City.
      (3)   A municipal authority, a housing authority created pursuant to the act of May 28, 1937 (P.L. 955, No. 265), known as the Housing Authorities Law, an urban redevelopment authority created pursuant to the act of May 24, 1945 (P.L. 991, No. 385), known as the Urban Redevelopment Law, a parking authority created under 53 Pa. C.S. Ch. 55 (relating to parking authorities) or under the former act of June 5, 1947 (P.L. 458, No. 208), known as the Parking Authority Law, or a port authority created pursuant to the act of December 6, 1972 (P.L. 1392, No. 298), known as the Third Class City Port Authority Act.
      (4)   A nonprofit corporation engaged in community industrial development.
      (5)   A nonprofit corporation organized as a public library.
      (6)   A nonprofit medical service corporation.
      (7)   A nonprofit housing corporation.
      (8)   A nonprofit museum or historical organization.
   (e)   Nominal Consideration Acceptable. When real or personal property is sold pursuant to division (d)(5), (d)(6) or (d)(7) of this section, the City may accept nominal consideration as it shall deem appropriate.
(Ord. 5287. Passed 4-15-20.)