Hawthorne Municipal Code Ch. 3.32 Sale or Lease of Real Property

Any real property owned by the city or any department thereof, including real property dedicated to park, recreation, library, social service or welfare purposes, may be sold, exchanged or leased in the manner following:

A. Property No Longer Required. Real property no longer required for the city's uses may be sold or leased whenever the council, by not less than a three-fifths vote of all members thereof, determines that the public interest or necessity requires such sale or lease and adopts a resolution ordering the same and establishing the procedures for such sale, exchange or lease.

B. Sales to Other Political Subdivisions. The city may sell or lease real property to the United States, or any agency thereof, to the state or any agency, department, political subdivision or district thereof, or to any municipal corporation, pursuant to such procedures as the city council may determine, if the council adopts a resolution by not less than three-fifths vote of all members thereof, finding that the public convenience, necessity or welfare requires such sales or lease, and stating the terms and conditions thereof and the reasons therefor.

C. Exchange of Property. The city may exchange real property for other real property comprising an equal or greater area or having an equal or greater value, whenever the council by not less than a majority vote of all members thereof finds and determines that such exchange is in the public interest.

D. City Treasurer to Sell Certain Property. The city treasurer shall, upon order of the council and after the redemption period has expired, sell real property acquired by the city for nonpayment of any assessment of lien in favor of the city. Such sale shall be made in the manner ordered by the council, or as required by the laws of the state.

E. City Manager to Lease Certain Property. The city manager may lease, on terms and conditions approved by him, any real property owned by the city, the use of which by the city has been temporarily deferred or suspended. All such leases shall be automatically terminated upon motion adopted by the council that the use of the demised real property is immediately required by the city.

F. Real property may be sold or leased, upon condition that it be used, maintained and developed in a specified manner for its market value or less, when the city council, by not less than a three-fifths vote of all the members thereof, determines that the public good and interest would be served by such sale or lease and adopts a resolution ordering the same.

(Ord. 1611 § 2, 1996)

Either the city treasurer or city manager may submit a recommendation to the council requesting the sale, exchange or lease of real property acquired by the city for nonpayment of any assessment or lien in favor of the city; provided, such recommendation is supported by a report issued by a title insurance company authorized to do business in this state, showing the condition of the title and any other facts pertinent to the proposed sale, exchange or lease. All offers to purchase, acquire by exchange, or lease real property acquired by the city for nonpayment of any assessment or lien in favor of the city shall be accompanied by an up-to-date title report issued by a responsible title insurance company authorized to do business in the state.

(Ord. 1611 § 2, 1996)

All sales of real property by the city, except sales to governmental bodies or agencies thereof, and sales by the city treasurer for nonpayment of any assessment or lien in favor of the city, shall be for cash or on terms as the council may direct.

(Ord. 1611 § 2, 1996)

Resolutions ordering the sale, exchange or lease of real property shall recite that the real property to be sold, exchanged or leased is owned or claimed by the city and is no longer required for the city's use, and shall specify the minimum sale price and the minimum terms and conditions upon which the real property will be sold, exchanged or leased.

(Ord. 1611 § 2, 1996)

In the event the real property is advertised for sale, exchange or lease to the highest responsible bidder, the resolution ordering such sale, exchange or lease shall specify that the bids shall be sealed and filed in the office of the city clerk on or before the time specified in the notice of sale for the opening of bids. At the time fixed in said notice for the opening of bids, the city clerk shall present all bids received by him to the council, and the council shall thereupon, in public session, open, examine and declare all bids received. No bids shall be considered unless accompanied by a cash deposit, surety bond, cashier's check, or certified check in an amount equal to at least ten percent of the amount bid, to be deposited with the city clerk as a guarantee that the person making such bid will purchase and pay for such real property, or enter into a lease therefor, as the case may be, upon the terms and conditions specified in the notice.

(Ord. 1611 § 2, 1996)

The council may, in its discretion, in any case, reject any or all bids or withdraw the property from sale, exchange or lease, as the case may be, should it deem such action to be in the public interest.

(Ord. 1611 § 2, 1996)

Whenever previously authorized by an affirmative vote of three-fifths of its members, the council shall have the right to employ a broker or agent and pay him a commission or such compensation as may be fixed by the council, for services rendered in promoting, furthering or negotiating the sale, exchange or lease of any real property to be sold, exchanged or leased under the provisions of this chapter.

(Ord. 1611 § 2, 1996)