For purposes of this Chapter
232, the following words shall have the meanings set forth hereafter:
CITY
The City of Lancaster, a third class city organized under
the Optional Third Class City Charter Law, Mayor-Council Plan A. "City"
shall not include the Redevelopment Authority of the City of Lancaster,
the Lancaster City Housing Authority, the Lancaster City Parking Authority
or any other authority created by the City of Lancaster.
ELIGIBLE BUYER
A person, corporation, partnership, limited partnership,
limited liability company, or other business entity which has no outstanding
uncorrected notices of violation issued by the City at the time of
the sale, nor has it had its City rental license or other City license
revoked within the year prior to the sale, nor does any owner, officer,
partner, shareholder or principal of the entity own property within
the City which is the subject of an outstanding uncorrected notice
of violation at the time of sale, had his or her rental license or
other City license revoked within the year prior to the sale. The
term "shareholder" shall not include any individual with an interest
of 5% or less of the total equity issued by such business entity.
PUBLIC NOTICE
Advertisement of the property available for sale including
the time, date, and place at which bids or proposals will be accepted
or an auction will be conducted, published a minimum of two consecutive
weeks in a newspaper of general circulation within the City of Lancaster,
provided that such advertisement shall not be published more than
60 days prior to the proposed date for the acceptance of bids or proposals
or the proposed date for the auction or less than seven days prior
to the proposed date for the acceptance of bids or proposals or the
proposed date for the auction.
This chapter shall apply to the sale of all
real property owned by the City except the following:
A. Real property which is owned by the City, but subject
to another federal or state program, law, regulation or program. For
example, HUD homes for $1 and Teacher and Officer Next Door programs.
B. The sale of real property to other municipal corporations, municipal
authorities or nonprofit organizations. Notwithstanding the foregoing,
prior to the sale of real property to any such entity the City shall
adopt a resolution authorizing the sale and setting forth the terms
of the proposed sale. The City shall publish in a paper of general
circulation notice of the date and location of the public meeting
at which the resolution will be considered by City Council once at
least seven days prior to the date of its adoption. In the instance
that real property is being transferred or sold to a municipal or
redevelopment authority for purposes of resale, the resolution shall
include a provision requiring the authority to advertise at least
30 days prior to acting upon a request for proposals indicating that
the authority is looking to redevelop and/or sell the property and
that interested persons or entities should submit written proposals
to the authority containing the proposed use, offering price and other
information requested in the request for proposals. After receipt
of any such proposals, the authority may accept any of the proposals,
in its sole discretion, which the authority deems to be in the best
interest of the City, regardless of the purchase price. Should no
proposals be received, or be deemed acceptable, the authority may
sell or redevelop the property as it deems appropriate. City-owned
properties in the Keystone Opportunity Zone are exempt from the request
for proposal requirement. All such sales shall be subject to applicable
conditions required by Pennsylvania law, such as but not limited to
rights of reversion to the City of Lancaster.
[Amended 2-28-2017 by Ord. No. 02-2017]
[Amended 2-28-2017 by Ord. No. 02-2017]
A. Any real property owned by the City may be sold by
either of the following methods as determined by Council resolution:
If Council has exposed a piece of real property
to public bidding, public proposals, or public auction and received
no bids or proposals and still desires to sell the real property,
it shall proceed to dispose of the real property in accordance with
the terms of 73 P.S. § 1641(b), as amended, (including but
not limited to the re-advertisement of the real property for sale).
Council may waive the provisions of this chapter
by resolution upon its finding that compliance with the requirements
of this chapter would not be in the best interest of the City, provided
that such resolution is approved by five of the seven members of City
Council and approved by the Mayor.