135.04 REQUIREMENTS FOR SALE AND LEASE OF MUNICIPALLY OWNED PROPERTY.
   (a)    The City may sell, lease as lessor or dispose of any of its real or personal property or any interest therein or any part thereof (other than a public utility which shall be sold or leased in accordance with the provisions of West Virginia Code 8-12-17, as amended) as authorized in West Virginia Code 1-5-l, et seq., as amended or to the United States of America 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. (Ord. 0-663. Passed 4-28-92.)
   (b)    In all other cases involving a sale, the City is hereby empowered and authorized to sell any of its real or personal property or any interest therein or any part thereof for a fair and adequate consideration, such property to be sold at public auction at a place designated by Council, or by using an Internet-based public auction service, but before making any such sale, notice of the time, terms and place of sale, together with a brief description of the property to be sold, shall be published by the City Director of Finance as a Class Il legal advertisement in compliance with the provisions of West Virginia Code 59-3-1, et seq., as amended and the publication area for such publication shall be the Municipality. The requirements of notice and public auction shall not apply to the sale of any one item or piece of property of less value than one thousand dollars ($1,000) and under no circumstances shall the provisions of this section be construed as being applicable to any transaction involving the trading in of City-owned property on the purchase of new or other property for the City, and the City shall have plenary power and authority to enter into and consummate any such trade in transaction.
(Ord. 0-1592. Passed 7-10-18.)
   (c)    In all other cases involving a lease, the City is hereby empowered and authorized to lease as lessor any of its real or personal property or any interest therein or any part thereof for a fair and adequate consideration and for a term not exceeding fifty years. Every such lease shall be authorized by resolution of Council, which resolution may specify terms and conditions which must be contained in such lease: Provided, that before any such proposed lease is authorized by resolution of Council, a public hearing on such proposed lease shall be held by such Council after notice of the date, time, place and purpose of such public hearing has been published as a Class I legal advertisement in compliance with the provisions of West Virginia Code Article 59-3, as amended, and the publication area for such publication shall be the Municipality. The power and authority granted in this subsection shall be in addition to and not in derogation of any power and authority vested in the City under any constitutional or other statutory provision now or hereafter in effect.
(Ord. 0-663. Passed 4-28-92.)