Dothan Required To Advertise Sell Property By Public Advertising

Rickey Stokes

Viewed: 2440

Posted by: RStokes
[email protected]
334-790-1729
Date: Dec 17 2021 11:41 AM

DOTHAN: This morning we were reviewing laws and the Dothan Code of Ordinances. In reviewing the laws on the sale of real property.

It is interesting to read “shall be advertised for sale once a week for three consecutive weeks in a local newspaper of general circulation to the highest bidder for cash on sealed bids…”

The City of Dothan is required to advertise to sell property. Is the county?

With that said, Houston County Commission Chairman and members of the Houston County Commission are anxiously awaiting the City of Dothan to convey their 16% interest of the Houston County Farm Center in a Quit Claim deed to Houston County Commission for them to sell.

With the City of Dothan Commission knowing it is for them to sell, legally, not sure the City of Dothan can legally Quit Claim the property over.

And not sure that Houston County has been legal in their dealings to sell. Because it is obvious and apparent the Houston County Commission and County Commissioners, to include and not limited to D-3 Houston County Commissioner Ricky Herring, has most likely violated the Alabama Open Meetings law. Which violates D-3 Commissioner Ricky Herring’s oath taken while hand placed on the Holy Bible to “faithfully and honestly” perform the duties of the office about which he was about to enter.

Because violating the Alabama Open Meetings sale is not “honestly and faithfully”, must less transparent.

Herring voted no but that was only after the hands were caught in the cookie jar.

So I do not expect the item will even make the agenda of the Dothan Commission Meeting this next Tuesday. There are to many unanswered questions, and Mayor Saliba lost some of his yes puppet commissioners this past election. The now sitting Dothan Commissioners lost the rubber stamp approval some of the past commissioners had.

Sec. 2-2. - Sale of real property.

(a)

Any real property owned by the city considered and determined by the board of commissioners to be no longer needed for public or municipal purposes shall be advertised for sale once a week for three consecutive weeks in a local newspaper of general circulation to the highest bidder for cash on sealed bids to be opened and read publicly at a time designated in the commission chambers at the Roy Driggers Municipal Building. The city shall reserve the right to waive any formalities or to reject any or all bids when in the best interest of the city.

(b)

When the highest bid for such real property has been determined at a bid opening, the board of commissioners shall, in its discretion, accept the bid and, pursuant to Code of Ala. 1975, § 11-47-20, as amended, direct the mayor to make title thereto by properly adopted ordinance authorizing the conveyance.

(c)

The following exemptions are made to the bid requirement for the sale of real property:

(1)

Real property of the housing authority of the city acquired through and governed by federal law.

(2)

Real property transfers in exchange for other lands.

(3)

Real property whose value is less than $2,000.00, as determined by the board of commissioners.

(4)

Real property owned by the city located in industrial parks or located in other areas specifically designated by the board of commissioners for industrial development or industrial expansion purposes; provided, however, that any warranty deed given by the city to a grantee under this exemption shall contain a reversionary clause that if such property is not developed for the designated purpose within two years from date of the deed, title thereto shall revert to the city upon payment to the grantee of the original purchase price, plus interest at eight percent.

(5)

Real property sold or transferred to other governmental entities.

(Code 1977, § 2-12)

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