§ 2-1572. Competitive sealed bidding.

(a)

Conditions for use. The sale of interests in real property owned by the city shall be made by competitive sealed bidding, except as otherwise provided.

(b)

Duties of chief procurement officer. The chief procurement officer shall sell real property owned by the city when such property is no longer used or needed by the city, as provided in this section. Prior to the sale of any real property, the chief procurement officer shall consult with the using agency to determine if any conditions for use or deed restrictions should apply to the sale to further the city's economic, physical and social development objectives and land use plans.

(c)

Ordinance required. The chief procurement officer shall prepare an ordinance for adoption by the city council and approval of the mayor for the sale of the property. The ordinance shall:

(1)

Specify that the land is no longer useful to or needed by the city;

(2)

Order that the real property be sold;

(3)

Authorize the chief procurement officer to:

a.

Obtain a land survey;

b.

Obtain a sealed appraisal of the land from a competent real estate appraiser, based upon any conditions of sale, restricted use or deed restrictions to be applied to the sale;

c.

Advertise for bids for the sale of the property; and

(4)

Appropriate funds for the cost of the appraisal, land survey and advertisement of sale bids.

(d)

Invitation for sale bids. An invitation for sale bids shall be issued and shall include a legal description of the real property and all terms and conditions applicable to the sale, including but not limited to the requirement of bid security as provided in section 2-1573.

(e)

Public notice. An advertisement inviting bids shall be published at least once a week for two consecutive weeks in the official legal organ of the county or in at least one newspaper of general circulation in the city, not less than 15 nor more than 60 days prior to the last day for receipt of bids. Such advertisement shall give a legal description of the property, its dimensions, its location and any conditions of the sale or restrictions for use. Notice shall also include the posting of a sign on the property in a size appropriate to give a ready, willing and able buyer adequate notice and which shall contain general information of the sale.

(f)

Bid opening, acceptance and evaluation. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for sale bids. The name of each offeror, the amount of each bid and other such relevant information as the chief procurement officer deems appropriate shall be recorded. The record and each bid shall be open to public inspection. The chief procurement officer shall open the sealed appraisal, and the responsiveness of each bid shall be evaluated in relation to the fair market value set by the appraisal.

(g)

Withdrawal of bids. Except as provided in this subdivision, bids shall become irrevocable when the bid deposit has been received by the city.

(h)

Award. The award shall be made in accordance with the provisions of the invitation for sale bids to the highest responsible and responsive offeror, provided that the price offered by such offeror is acceptable to the chief procurement officer based upon the appraised fair market value of the property. The chief procurement officer may accept a bid that is lower than the appraised value subject to prior city council approval. Where the offered price is not acceptable, the chief procurement officer may reject the bid and negotiate the sale or bids may be resolicited. The chief procurement officer shall advertise in a paper of daily general circulation and the official legal organ of the county.

(i)

Resolution and closing. The chief procurement officer shall prepare a resolution for adoption by the city council and approval of the mayor, which shall:

(1)

Authorize the bid award to the highest responsible offeror;

(2)

Authorize sale of the property;

(3)

Authorize the mayor to execute a deed; and

(4)

Contain a legal description of the property.

The chief procurement officer shall notify the chief financial officer in writing upon the close of the sale and shall make the adjustments to the real property inventory and assets listing of the city.

(Ord. No. 2009-78(09-O-1876), § 14, 12-15-09)