The city council may sell any real property owned by the city pursuant to the alternative procedures set forth in this chapter.
(Ord. O-2001-01 § 1, 2001)
(a)
Sale to Government Entity.
(1)
The city council may, by resolution, provide for the sale of real property to any government entity providing services to residents of the city when the city council finds that the government entity will use the land for a valid public purpose, which includes any sale of real property to the city's redevelopment agency, and that conveyance is in the best interest of the city;
(2)
The resolution provided for in subsection (1) of this section shall direct the city administrator to sell such property on the terms and conditions as may be specified by the city council;
(3)
A deed, conveying the right, title and interest which the city may have in the property, executed by the city administrator and the city clerk, shall be given to the purchasing government entity, upon such entity's performing or agreeing to perform the terms and conditions of sale as specified in the resolution provided for in subsection (1) of this section.
(b)
Sale to Non-Government Entity or Person.
(1)
The city council may, by resolution, provide for the sale of real property to any non-government entity or person subject to the city council making findings that the sale is at least equal to the fair market value of the real property and that conveyance is in the best interest of the city;
(2)
The resolution provided for in subsection (1) of this section shall direct the city administrator to sell such property on the terms and conditions as may be specified by the city council;
(3)
A deed, conveying the right, title and interest which the city may have in the property, executed by the city administrator and the city clerk, shall be given to the purchaser, upon such purchaser performing or agreeing to perform the terms and conditions of sale as specified in the resolution provided for in subsection (1) of this section.
(Ord. O-2001-01 § 1, 2001; Ord. O-2001-02 § 1, 2001; Ord. O-2004-01 § 1, 2004)
Except for real property sales occurring pursuant to the procedures set forth in Section 3.10.010 of this chapter, the city council shall, by resolution, declare the intent of the city to sell real property by sealed bid. Notice of such intention, together with information regarding the property to be sold, minimum bid required, if any, the date, time, and place when bids are to be received and opened, together with any other pertinent information shall be published at least one time in the official newspaper of the city not less than 10 days prior to the date on which bids are to be received.
(Ord. O-2001-01 § 1, 2001)
(a)
On the date and at the time and place specified in the notice published pursuant to Section 3.10.020 of this chapter, the city clerk shall publicly open and examine all bids received.
(b)
Within 30 days after the receipt of bids, the city clerk shall report to the city council the name of the highest bidder and the amount bid by such person.
(Ord. O-2001-01 § 1, 2001)
If the city council accepts the bid of the highest bidder, a deed, conveying the right, title and interest which the city may have in the property, signed by the city administrator and the city clerk, shall be given such bidder upon prior payment in cash, by certified check or by cashier's check, of the full amount of such bid and any incidental costs pertaining to the transaction and execution and recordation of such covenants as the city council may deem appropriate.
(Ord. O-2001-01 § 1, 2001)
The city council may reject any and all bids received. The city council may waive any minor informality or minor error in any bid, but shall not in any case be obligated to do so. If the city council accepts the bid of the highest bidder and such bidder fails within 30 days of such acceptance to pay for the property, the council may rescind its acceptance and accept the bid of the next highest bidder, or reject any and all bids, as the council in its discretion may deem proper.
(Ord. O-2001-01 § 1, 2001)
(a)
The city council may require a bid security of all bidders in form and amount which it deems adequate to insure that the successful bidder will pay for the property.
(b)
Except for any bidder to whom award is made and who fails to purchase the property, the bid security of each successful bidder shall be returned to such bidder, and the bid security of the successful bidder shall be applied to the purchase price or returned to such bidder after payment of such price as such bidder shall elect.
(c)
No bid security shall be returned to a successful bidder who fails to pay for the property as provided in Section 3.10.050 of this chapter.
(d)
The city council may require such other controls and protections as may be deemed proper in order to facilitate the sale of property under this chapter.
(Ord. O-2001-01 § 1, 2001)
(a)
No person submitting any bid or proposal in connection with the sale of real property by city shall:
(1)
Propose or bid prices which have not been arrived at independently without consultation, communication, or agreement with any other bidder, offeror, or competitor for the purpose of restricting competition as to any matter relating to the prices bid or proposed;
(2)
Unless otherwise required by law, prior to opening of the bids or proposals, knowingly disclose any price bid or proposed to any other bidder, offeror, or to any competitor;
(3)
Make any attempt to induce any other person, firm, or other entity or association to submit or not to submit a bid or proposal for the purpose of restricting competition;
(4)
Knowingly be interested in more than one bid as the principal bidder.
(b)
In the case of joint venture bids, the joint venture and each and every member of the joint venture shall for purposes of the foregoing be construed to be the person submitting the bid or proposal.
(c)
Any violation of this section shall be unlawful and a misdemeanor and shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Any bid received or contract awarded where there was a violation of this section shall be a nullity, and the city council shall dispose of the matter in the same manner as if the bidder involved has failed to enter the contract after award.
(Ord. O-2001-01 § 1, 2001)