City of St. Charles, MO Disposition of City Property

[R.O. 2011 § 145.330; R.O. 2009 § 40.60; CC 1981 § 2-511; Ord. No. 82-58, 8-4-1982; Ord. No. 87-151, 7-23-1987; Ord. No. 97-420, 12-3-1997; Ord. No. 04-187, 8-4-2004; Ord. No. 07-162, 6-11-2007]

Except as otherwise provided by the City Council, the City Council shall seek and consider proposals for the disposition of City-owned surplus real property for public use pursuant to the following procedure:

A letter of intent to purchase or proposal may be filed with the Mayor or City Clerk stating the property, its intended use and price, if known, the purchaser would be willing to pay for the property.

The letter so filed shall be transmitted to the City Council along with any surveys, drawings, appraisals or counter-proposals which may be pertinent to the sale or disposal of the property.

The City Council shall set a time not less than thirty (30) days to consider the sale and request reports from the City Planner, any affected department, any public utility and any board or commission whose function or duties would indicate to the Council a concern in disposing of the real estate.

Not less than thirty (30) days before final determination of the sale a notice shall be published announcing the City's intent to sell the property by its address or street location and the proposed purchaser. The Clerk shall offer for public inspection the file of all non-confidential documents for public information.

During the thirty-day period, other proposals pertinent to the same real property may be filed and any written communications advising the Council may be filed with the City Clerk.

Disclosure.

Except as otherwise provided in this Subsection, any person or entity proposing to purchase real property from the City, prior to approval by the City Council of a sale and purchase contract therefor, shall make a public disclosure in writing, under oath and, if materially false subject to the penalties prescribed in Section 100.150, which shall state his/her name and address and the name and address of every person having a beneficial interest in the purchase of the real property, however small or minimal. This written disclosure shall be made to the City Clerk or to his/her officially designated representative. The beneficial interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 409, RSMo., whose interest is for sale to the general public, is hereby exempt from the provisions of this Subsection. When disclosure of persons having beneficial interests in non-public entities is required, the entity or person shall not be required by the provisions of this Subsection to disclose persons or entities holding less than five percent (5%) of the beneficial interest in the disclosing entity.

Simultaneously with the disclosure required by Subsection (A)(6)(a), the person or entity proposing to purchase real property from the City shall also provide to the City Clerk evidence, such as a letter of intent from a financial institution, of the financial ability of the person or entity to pay the purchase price for the real property in a form acceptable to the City Attorney.

Prior to final determination upon such disposal of real property, the City Council shall offer an opportunity for full disclosure of the property, terms of sale, intended use and proposed contract of sale and of such information as shall have been filed with the City Clerk in accordance with this Section. The sale and purchase contract for the property shall also contain a provision that the deed to be given by the City shall convey a fee simple determinable with a possibility of reverter to the City should the purchaser/grantee contract with a third party for the disposal of the property or convey the same to a third party within a period of six (6) months of the conveyance by the City to the purchaser/grantee.

Nothing in this Section shall require or prohibit competitive bids in the sale or disposition of such excess or surplus real estate or prohibit the City Council from selecting another method for disposition of real property.

The Mayor shall keep a list of any excess or surplus real estate and the terms of sale thereof, if known or determinable.

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Editor's Note: Former Sections 145.340 and 145.350 of this Chapter pertaining to the procedures for the sale or disposal of surplus furniture, equipment, motor vehicles and other personal property owned by the City, and for the sale or disposal of abandoned property, as amended by Ord. Nos. 81-22, 87-151 and 15-060, were repealed by Ord. No. 22-050, 4-19-2022.