[HISTORY: Adopted by The Mayor and Council
of New Castle 2-4-1986 by Ord. No. 278. Amendments noted where
applicable.]
GENERAL REFERENCES
Administrator — See Ch. 5.
[Amended 9-14-1993 by Ord. No. 353; 11-12-2013 by Ord. No. 492]
When any real property, title to which is held by the City of
New Castle, is no longer needed for City purposes, it may be disposed
of by the City subject to the following:
A.
The
Council may consider recommendations from any member of Council pertaining
to the possible sale of City-owned real estate.
B.
The
Council shall consider matters pertaining to the sale of City-owned
real estate only after notice duly published pursuant to the Delaware
Freedom of Information Act, 29 Del. C. Ch. 100, and after posting
notice on the property in question.
C.
The
Council shall, within 30 days of said notice and posting of the property,
take action by resolution to accept, reject or modify the recommendation
that City-owned real estate be sold, and Council shall proceed according
the terms of the accepted recommendation and pursuant to the terms
of this chapter.
D.
Upon
affirmative decision to dispose of a property, Council shall obtain
a fair market value appraisal of the property in question from an
appraiser duly licensed or certified by the Council on Real Estate
Appraisers pursuant to 24 Del. C. Ch. 40.
E.
Thereafter,
the property shall first be offered to the Trustees of New Castle
Common and the Municipal Services Corporation (MSC). If the offer
is not accepted by either within 30 days, the Council may proceed
to sell the property on the open market. If both the Trustees and
MSC desire to obtain the property, the Council shall decide which
shall acquire the property.
F.
If the property is not disposed of pursuant to Subsection D, Council may dispose of and sell the property via public or private sale, including via public auction, either with the assistance of a duly licensed real estate agent or not, at Council's election, and upon such terms and conditions as Council may approve by resolution after notice duly published pursuant to the Delaware Freedom of Information Act, 29 Del. C. Ch. 100.
After Council has accepted a proposal, the appropriate
officer shall execute all documents necessary to transfer title of
the surplus property.
[Added 9-14-1993 by Ord. No. 353]
The Council may promulgate such rules and regulations
as it deems necessary to implement this chapter.
