A. Scope: The sale, conveyance or transfer of real or personal property or any interest in such property shall be conducted at a public sale by public bid, closed bid, public auction or otherwise. (1989 Code § 8-102.1)
B. Notice: Said sale shall be conducted only after fourteen (14) days' previous notice given at least twice in a newspaper of general circulation or posted in three (3) conspicuous places within the city not less than fourteen (14) days prior to appointed time for the sale of such property.
C. Conveyance; Title:
1. All real property disposed of pursuant to this chapter shall be conveyed, transferred or sold in accordance with bid instructions, which shall be made available to interested bidders by the city recorder prior to the date of selection of the successful interested bidder. Such bid instructions may include, but shall not be limited to, nondiscriminatory bidder requirements, minimum acceptable bid amounts and bid deposits. The successful bidder shall be the highest qualified bidder and must pay the full bid amount and comply with any successful bidder conditions of the bid instructions within seventy two (72) hours or three (3) full business days, whichever is longer, to the city, unless a longer period is allowed per the bid instructions. The city may cancel any proposed disposal of property, and reserves the right to reject any bids under this chapter. (Ord. 2005-19, 5-25-2005)
2. All personal property (equipment, materials, supplies) shall be conveyed, transferred or sold to the highest bidder. Payment in full is due within ten (10) days or at the time of possession, whichever comes first.
3. Title shall be conveyed or transferred as it was received by the city, except as otherwise provided by law.
4. The city reserves the right to reject any or all bids.
D. Minimum Bid May Be Set: The city council may set minimum bid prices on property, real and personal, based upon professional appraisals or by recommendations made by city departments involved in the sale.
E. Alternative Options: If, after an attempt is made, the property is not sold at public sale, the city council, or its designee, may negotiate a sale, may list with the local multiple listings service for sale, or may use such other methods as may, to the benefit and interest of the city, be available to dispose of the property at or above the appraised value.
F. Trade Acceptable: The city, by action of the city council, may trade real or personal property for real or personal property of a corresponding appraised value when it is found to be in the best interest of the city. (1989 Code § 8-102.1; amd. 2007 Code)
G. Significant Parcel Defined: A "significant parcel" under this section shall be defined as any parcel of real property with an estimated fair market value of one hundred thousand dollars ($100,000.00) or more, which fair market value shall be determined by appraisal or other method reasonably estimated to determine fair market value.
H. Public Comment: The public shall be allowed to comment on any proposed disposal of a significant parcel of city owned real property. Comment shall be made in the following manner to be designated by the city manager prior to the disposal:
1. In writing submitted to the city recorder by the time and date set by the city manager; or
2. In a public meeting, the time and date of which shall be set by the city council. (Ord. 2005-19, 5-25-2005)