(A) Personal property owned by the city is retained by the city even though the value of the property has been substantially diminished due to obsolescence, damage or destruction.
(B) Real property owned by the city continues to be retained even though the city no longer uses the property and has no plans for future use of the property.
(C) W. Va. Code 1-5-3 authorizes a municipality to acquire by purchase, transfer or exchange any real property owned by any public body, or to dispose of by sale, transfer or exchange to or with any other public body any real property owned by it; provided, that the public bodies take into consideration:
(1) The lack of need for such property by the public body holding title thereto;
(2) The need for such property by the public body desiring to acquire title thereto; and
(3) The benefits to be derived by the public as a result of such acquisition or disposition; provided however, that the transaction is first approved in writing by the Board of Public Works.
(D) W. Va. Code 8-12-18 authorizes a municipality:
(1) To sell, lease as lessor or dispose of any of its real or personal property or any interest therein or any part thereof, as authorized in W. Va. Code 1-5-1 et seq., to the state or any agency or instrumentality thereof, for a public purpose for an adequate consideration, without considering alone the present commercial or market value of such property; and
(2) To sell any of its real or personal property or any interest therein or any part thereof for a fair and adequate consideration, the property to be sold at public auction at a place designated by the governing body.
(E) The Municipal Home Rule Board, under the authority provided in W. Va. Code 8-1-5a, approved the City’s Home Rule, Phase II Application which included, among other actions, authority to sell property valued at less than $10,000 without going through the auction process.
(F) The City Council hereby determines that rather than continue to retain the real and personal property that is of little value to the city, the city may dispose of the property in the following manner.
(Ord. 15-, passed 6-2-2015)