Whenever the City Council determines that the disposition of
any parcel of real property is for the common benefit of the City's
citizens, the City Council may direct City staff to sell, lease or
dispose of such property in any manner consistent with state and federal
law.
(Prior code §2.43; 98-1)
Except as provided in Section 3.12.030, the sale of City-owned real property shall be at public auction, or to the highest responsible bidder after advertisement, and shall be for cash, or upon the following terms: Not less than one-third cash, and the balance in one or more installments falling due not more than five years from the date of sale, with a lien reserved to secure the payment thereof.
(Prior code §2.44)
The City Council, when it determines that the public interest
or necessity requires the sale, conveyance or exchange of any real
property owned by the City, or the quitclaiming by the City of any
interest in real property, without notice of sale or advertisement
for bids, may, by ordinance adopted by the votes of at least three
of the members, authorize the execution of such deed, contract or
other instrument as may be necessary to effect such sale, conveyance,
exchange or quitclaim at and for a price or consideration and upon
the terms and conditions to be specified in such ordinance.
(Prior code §2.45)
The sale of any City-owned real property, except as provided by Section 3.12.030, shall be conducted in accordance with the following procedure:
A.
The
City Council, whenever it determines that the public interest or necessity
requires the sale of real property owned by the City, or any department
thereof, may by resolution adopted by the votes of at least three
of its members order the same to be sold. Such resolution shall direct
the City Clerk to cause notice of the sale of such property to be
published for three insertions in one or more weekly newspapers printed,
published and circulated in the City and shall specify the terms and
conditions upon which the same will be sold, which shall be in conformity
with this chapter, and also whether the sale of such property shall
be at public auction or to the highest responsible bidder.
B.
Bids
for such property shall be sealed and filed in the office of the City
Clerk at or before a time to be specified in the notice of sale. The
City Clerk shall present all bids received by him or her to the City
Council at its next regular meeting after the expiration of the time
for the submission of bids. The City Council shall thereupon, in public
session, open, examine and declare all bids received. At the time
of opening the bids, any responsible person may bid for such property
a sum exceeding the highest bid by not less than five percent and
such bid so made may be raised by any other person until the property
shall either be sold or withdrawn from sale. No bid shall be considered
unless accompanied by a cash deposit or certified check in an amount
not less than ten percent of the amount of such bid as a guarantee
that the person making such bid will purchase and pay for such property
upon the terms and conditions specified in the notice of sale.
C.
The
City Council may, in its discretion, in all cases where property is
offered for sale, reject any or all bids, or withdraw such property
from sale at any time should it deem such action to be for the public
interest.
(Prior code § 2.46)
The City Council, in accordance with the provisions of this
chapter, shall have the right, when previously authorized by a three-fifths
vote thereof, to employ and pay, on a commission or other basis, an
agent to render service in promoting, furthering or negotiating the
sale of City-owned real property.
(Prior code § 2.47)
