Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston 12-4-2006 by Ord. No. 2006-5. Amendments noted where applicable.]

§ 23-1 Short title.

This chapter shall be known and may be cited as the "Kingston Real Estate and Personal Property Disposition Code."

§ 23-2 Real estate procedure.

A. 
No real estate owned by the Municipality of Kingston valued in excess of $1,500 by a qualified real estate appraiser shall be sold except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction in one newspaper of general circulation in the Municipality.
B. 
Such advertisement shall be published once not less than 10 days prior to the date fixed for the opening of bids or public auction, and such date for opening bids or public auction shall be announced in such advertisement.
C. 
The award of contracts shall be made only by public announcement at a regular or special meeting of Council and upon resolution of Council.
D. 
All bids shall be accepted on the condition that payment of the purchase price in full shall be made within 60 days of the acceptance of bids.
E. 
The Administrator shall have the authority to reject all bids if such bids are deemed to be less than the fair market value of the real property. In the case of a public auction, the Administrator may establish a minimum bid.
F. 
Real estate owned by the Municipality of Kingston may be sold at a consideration of $1,500 or less without advertisement or competitive bidding only after the Administrator determines the value thereof to be less than $1,500 based on an appraisal by a qualified real estate appraiser.
G. 
In a case of real property estimated to be of a value less than $1,500, said property shall be disposed of in the manner set forth for the sale of personal property in § 23-3 hereof.

§ 23-3 Personal property procedure.

A. 
The Municipal Administrator shall determine the minimum bid value of the subject personal property using his or her best judgment and methodology to make this determination.
B. 
The Municipal Administrator may then solicit and accept written offers of purchase at a price at or in excess of the minimum price.
C. 
The subject personal property and the minimum acceptable bid shall be announced at a general meeting of the Town Council of the Municipality of Kingston and shall also be publicized by posting in the Office of the Municipal Secretary for three business days either before or after the general meeting at which said announcement is made.
D. 
After three business days following the announcement and posting, the Municipal Administrator may accept the highest purchase offer received to that date and sell the property with or without prior approval of Council. In the alternative, the Municipal Administrator may reject all purchase offers.
E. 
The Municipal Administrator shall report such sale at the Council meeting immediately subsequent to such sale.

§ 23-4 Exceptions to procedures; reversion of property to Municipality.

A. 
The provisions of this procedure are not mandatory where municipal property is to be traded or exchanged for new municipal property.
B. 
The provisions of this procedure requiring advertising for bids or sale at public auction and sale to the highest bidder shall not apply if municipal real estate or personal property is to be sold to:
(1) 
A county, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad or nonprofit corporation located within the Municipality.
(2) 
A municipal authority pursuant to the Municipality Authorities Act of 1945.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
C. 
When real property is sold pursuant to this chapter to a volunteer fire company, volunteer ambulance service, volunteer rescue squad or nonprofit corporation, said sale shall be subject to the condition that when the property is not used for the purposes of the company, service, squad or nonprofit corporation, the property shall revert to the Municipality.