[HISTORY: Adopted by the Town Council of the Municipality of Kingston 12-4-2006
by Ord. No. 2006-5. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Kingston Real Estate
and Personal Property Disposition Code."
A.
No real estate owned by the Municipality of Kingston
valued in excess of $1,500 by a qualified real estate appraiser shall be sold
except to the highest bidder after due notice by advertisement for bids or
advertisement of a public auction in one newspaper of general circulation
in the Municipality.
B.
Such advertisement shall be published once not less than
10 days prior to the date fixed for the opening of bids or public auction,
and such date for opening bids or public auction shall be announced in such
advertisement.
C.
The award of contracts shall be made only by public announcement
at a regular or special meeting of Council and upon resolution of Council.
D.
All bids shall be accepted on the condition that payment
of the purchase price in full shall be made within 60 days of the acceptance
of bids.
E.
The Administrator shall have the authority to reject
all bids if such bids are deemed to be less than the fair market value of
the real property. In the case of a public auction, the Administrator may
establish a minimum bid.
F.
Real estate owned by the Municipality of Kingston may
be sold at a consideration of $1,500 or less without advertisement or competitive
bidding only after the Administrator determines the value thereof to be less
than $1,500 based on an appraisal by a qualified real estate appraiser.
A.
The Municipal Administrator shall determine the minimum
bid value of the subject personal property using his or her best judgment
and methodology to make this determination.
B.
The Municipal Administrator may then solicit and accept
written offers of purchase at a price at or in excess of the minimum price.
C.
The subject personal property and the minimum acceptable
bid shall be announced at a general meeting of the Town Council of the Municipality
of Kingston and shall also be publicized by posting in the Office of the Municipal
Secretary for three business days either before or after the general meeting
at which said announcement is made.
D.
After three business days following the announcement
and posting, the Municipal Administrator may accept the highest purchase offer
received to that date and sell the property with or without prior approval
of Council. In the alternative, the Municipal Administrator may reject all
purchase offers.
E.
The Municipal Administrator shall report such sale at
the Council meeting immediately subsequent to such sale.
A.
The provisions of this procedure are not mandatory where
municipal property is to be traded or exchanged for new municipal property.
B.
The provisions of this procedure requiring advertising
for bids or sale at public auction and sale to the highest bidder shall not
apply if municipal real estate or personal property is to be sold to:
(1)
A county, institution district, school district, volunteer
fire company, volunteer ambulance service or volunteer rescue squad or nonprofit
corporation located within the Municipality.
C.
When real property is sold pursuant to this chapter to
a volunteer fire company, volunteer ambulance service, volunteer rescue squad
or nonprofit corporation, said sale shall be subject to the condition that
when the property is not used for the purposes of the company, service, squad
or nonprofit corporation, the property shall revert to the Municipality.
