(a) Conveyance Without Auction.
(1) The City of Vienna may sell its real or personal property valued in excess of $1,000 for fair market value, but without public auction, provided that City Council has made a factual determination that the property is to be used to facilitate economic development projects and/or to provide a necessary and convenient resource for the benefit of the citizenry.
(2) With respect to real property, fair market value may be determined by a Real Estate Appraiser licensed by the State of West Virginia.
(3) Any proposed conveyance of City property pursuant to this section shall be published as a Class II legal advertisement in compliance with the provisions of W.Va. Code §59-3-1 et seq., and the publication area for the publication shall be the City of Vienna.
(4) Prior to the approval by City Council of any conveyance of City property pursuant to this section, City Council shall be provided with documentation evidencing that all project plans have been approved by all necessary and relevant state and/or municipal committees and departments, all necessary and relevant state and/or municipal permits are in place or are approved subject to purchase of the property, and funding for the project secured.
(5) Any full or part-time employee, elected official, or their immediate family members, business partners or associates, are expressly prohibited from purchasing any public property under this article except at public auction unless otherwise prohibited by statute.
(b) Conveyance by Sealed Bid.
(1) Except as otherwise provided in subsection (a) hereof or elsewhere in the Vienna Municipal Code, all municipal property, both real and personal, shall be sold only after the receipt of sealed bids after the time and place of the sale has been published as a Class II legal advertisement in compliance with the provisions of W.Va. Code §59-3-1 et seq., and the publication area for the publication shall be the City of Vienna.
(2) The first publication is to be made at least fifteen (15) days before the date when bids are to be received and opened.
(3) The property shall be sold to the highest bidder but the City shall have the right to reject any and all bids for any reason.
(4) If the property is not sold pursuant to such advertisement, the City, by resolution, may set a date for an open meeting of City Council to be held within sixty (60) days after the date when the bids were opened.
(5) At the meeting held pursuant to such resolution, the City may sell by public auction the property for a consideration not less than the highest sealed bid previously received pursuant to the advertisement.
(6) At the meeting, any interested party may bid for cash, certified check, or other surety that is acceptable to the City and the property shall be sold to the highest bidder. The City shall have the right to reject any and all bids.
(7) The City may require a written confirmation of bids received at such called meeting before selling the property at auction, but it shall not be necessary that sealed bids be received before conducting the auction.
(c) Conveyance by Auction. The City of Vienna may, at its election, continue to convey any City property, real or personal, utilizing the procedure set out in W.Va. Code §8-12- 18(b).
Under this section and pursuant to authority granted under W. Va. Code §8-1-5a, the City is exempt from the auction requirement imposed by W.Va. Code §8-12-18(b) under the circumstances stated herein.
(Ord. 13-14. Passed 12-18-14.)