DN-AR - Disposal of District Real Property

Code: DN-AR
Adopted: 8/13/97

Re-adopted 4/9/04

Whenever the School Board determines that real property owned by the District shall be disposed of it shall direct the Superintendent or designee to act using one or more of the following methods of disposal and if it chooses, set the terms and conditions of the disposal.

1. Public Sale: After publishing notice of a public sale by written proposal at least once the week prior to the auction date, in a newspaper of general circulation in the District, in which the parcels offered are identified and the terms and conditions of sale of the criteria for proposal selection are stated, the Superintendent may dispose of real property according to the best written proposal.

2. Private Disposal: The Superintendent or designee may list real property with a licensed realtor or privately solicit proposals and negotiate with any person for the disposal of real property. Upon receiving an acceptable proposal, the Superintendent or designee shall cause public notice of the proposed sale to be published at least ten days prior to presentation of the proposal to the School Board. The notice shall state the street address or commonly understood description of the property to be sold, the proposed purchase price and the deadline (which shall be at least three business days prior to the date proposals will be presented the School Board) for filing competing offers with the Superintendent.

If prior to the deadline for receipt of competing offers, the Superintendent receives another offer(s) that provides greater financial return to the District, the Superintendent shall communicate the highest competing offer to the proposer of the published offer to allow the proposer an opportunity to amend the published offer in writing before the Board meeting. If the proposer amends the published offer to meet or exceed the higher competing offer, the Superintendent shall submit the amended offer for Board action. If the proposer fails to so amend the published offer, the Superintendent shall submit the highest competing offer for Board action. Prior to Board action, the Superintendent shall advise the Board of all competing offers received as a result of the published notice required by this section.

3. Other Procedure: At the time the Board determines to dispose of real property, it may designate another method of disposal than those listed in this Section. The Board in its sole discretion may accept or reject an offer to purchase real property submitted by the Superintendent, or the Board may direct a counter offer be made to the prospective purchaser.