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Post Info TOPIC: city commission
Steve Powell


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RE: city commission
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A.  April 15th, deadline came and went.  Earnest money goes back to initial bidder.
B. April 30th, second offer comes in but must wait until May 12th to submit to board.
     1. You're wondering why the auditor did not submit the bid to the board.
     2. Chapter 2-20 states this must be done on all offers.
C. Quit claim drawn up on May 12th, dated May 12th, but doesn't get signed until May 19th (by the first party I assume). 


Since the board had not approved the second offer it would appear to me that offers could still have been accepted at that point.  I would question whether the board has to have some kind of session to approve the sale however.  If the auditor wants to complete the second offer, can the board somehow initiate a way to approve that sale without waiting for the next board meeting? 

I don't think it's wrong to ask questions.  In fact, it's very good to ask questions.  Sounds like the city is trying to free up city owned property.  Isn't this what you've been asking them to do?

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Do nothing out of selfish ambition or vain conceit, but in humility consider others better than yourselves. Each of you should look not only to your own interests, but also to the interests of others. – Philippians 2:3-4
Sue Evans


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Posts: 268
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Tonight I was told it was the first time they were questioned on the sale of city property.

On March 3rd, 2010 the auditor rec'd a bid for a lot. It was good until April 15th.
On March 9th it was presented the Board of Commissioners and they accepted the offer.

April 15th came and went, nothing got settled. Money never exchanged hands except for the normal earnest money when the offer was submitted.

April 30th the Auditor allowed another offer in for a greater amount and more earnest money.

The next city meeting was May 11th. Chapter 2-20 states he must submit all offers to the board. However, the board had already accepted an offer on this lot. The first offer has not paid for the lot yet. The auditor does not submit the offer for the second bid.

May 12th the auditor draws up a quit claim on the property. The first party who has the approval does not sign. The quit claim stays dated as May 12th, and finally is signed on May 19th.

Should the auditor still take offers on property once it is approved for sale by the board? Should they still tie up earnest money? If they have a closing date that is not met, then does the second offer have a chance?

The city does not have to clear title. The only thing they have to do is sign a quit claim. This speeds up the closing. Am I wrong? What would slow down the closing to such a pace? Why would the Auditor still take bids on property not for sale? Is it wrong to ask?

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Our ELECTED officials are our employees. These individuals asked for this job. We must govern our employees.
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