MUNICIPAL ORDER NO.
A MUNICIPAL ORDER OF THE CITY OF ERLANGER IN KENTON COUNTY, KENTUCKY MAKING THE WRITTEN DETERMINATIONS REQUIRED BY KRS 82.083 FOR THE SALE OR OTHER DISPOSITION OF PROPERTY OWNED BY THE CITY
WHEREAS, THE City of Erlanger now owns property that is no longer useful or beneficial to the City; and
WHEREAS, KRS 82.083 establishes certain requirements for the disposition of such property;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED by the City of Erlanger as follows
Section 1.0 Written Determinations Required by KRS 82.083
Pursuant to the requirements of KRS 82.083 for the sale or other disposition of property owned by the City, it is hereby determined that the property described in the attached schedule is no longer needed or beneficial to the City; and shall be disposed of by one of the following methods required by KRS 82.083:
- Transferred, with or without compensation, to another governmental agency.
- Transferred, with or without compensation, for economic development purposes, which shall include but not be limited to real property transfers for the elimination of blight.
- Sold at public auction following publication of the auction in accordance with KRS 424.130(1)(b).
- Sold by electronic auction following publication of the auction, including the uniform resource link (URL) for the site of the electronic auction, in accordance with KRS 424.130(1)(b).
- Sold by sealed bids in accordance with the procedure for sealed bids under KRS 45A.365(3) and (4).
- Traded towards the purchase of the same or similar type of property, if the trade-in value received equals or exceeds the actual fair market value of the property as determined using an independent appraisal.
- Sold for its appraised fair market value or a greater amount if the property is valued at five thousand dollars ($10,000) or less in an independent appraisal. Property sold under this paragraph may not be sold to a city officer or employee or family member of a city officer or employee as defined in the city’s ethics ordinance adopted under KRS 65.003.
- Notwithstanding subsection (3) of this section, sold for scrap or disposed of as garbage in a manner consistent with the public interest if the property has no value, or is of negligible value as determined by an independent appraisal.
- Sold by the Finance and Administration Cabinet under an agreement with the city.
- Notwithstanding subsection (3) of this section, when the property is an animal used in service by the city, given to the animal’s primary handler or trainer, without the payment of compensation, when the animal is retired or is no longer capable of performing service to the city.
Section 2.0 Written Descriptions Required by KRS 82.083
Attached hereto and incorporated herein by reference is a schedule that includes the following descriptions required by KRS 82.083 for the sale or other disposition of property owned by the City:
- Property subject to disposition.
- Intended use of the property at the time of acquisition.
- Reasons why it is in the public interest to dispose of the property.
- Method of disposition.
Section 3.0 – Provisions Severable
The provisions of this municipal order are severable; and the invalidity of any provision hereof shall not affect the validity of any other provision thereof; and such other provisions shall remain in full force and effect as long as they remain valid in the absence of those provisions determined to be invalid.
Section 4.0 – Conflicting Municipal Orders Repealed
All municipal orders or parts of municipal orders in conflict with the provisions of this municipal order are hereby repealed to the extent of such conflict.
Section 5.0 – Effective Date
This municipal order shall be effective as soon as possible according to law.
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JESSICA FETTE, Mayor
Date: