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(1) The city manager may declare any real property surplus when it is not needed for a public purpose or when it may be put to private use until it is needed for a public purpose. Upon such declaration, the property shall be disposed of as provided in this section.

(2) The city manager shall notify the council in writing of the declaration of surplus real property, and the proposed general terms and conditions for disposition. This notice shall be given not less than ten days before the property is offered for disposal. Within the ten days after receiving notice the council shall decide to review any part of the city manager’s designation. If the council elects to review any of the city manager’s designations it may modify the proposed terms and conditions for disposal or rescind any part of the declaration of surplus property. If the council fails to act within 30 days of the city manager’s notice, or after the council modifies the city manager’s proposal, the city manager shall give public notice of the intention to dispose of the property. The notice shall be published once a week for two consecutive weeks in a newspaper of general circulation within the city and shall identify each parcel of real property, the general terms and conditions of disposal, and other relevant information.

(3) Except when sold under subsection 2.864(4), after giving the notice required by subsection 2.864(2), the city manager may dispose of surplus real property when an offer is received which meets or exceeds the terms and conditions in the published notice. The city manager is not required to accept any offer unless the offer is found to be in the best interest of the city. Any offer received in excess of $100,000 which the city manager proposes to accept shall be subject to council notice, review and action as provided in paragraph 2.862(1)(b) of this chapter.

(4) The city manager may dispose of surplus real property by competitive bid or auction after publishing notice which identifies each parcel to be offered and states the terms and conditions of disposal or the criteria for bid selection. The decision of the city manager shall be final.

(5) If no offers are accepted within 24 months of the manager’s declaration of surplus, the property shall cease to be surplus property until redesignated by the city manager.

(6) Without complying with the procedures in this section, the city manager, on such terms and conditions as the city manager determines, may allow the occupant of real property being acquired to continue the occupancy.

(Section 2.864 added by Ordinance No. 19447, enacted January 14, 1987; and administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998.)