City of New Castle, DE
New Castle County
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Table of Contents
Table of Contents
[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.