§ 2-8. Sale of small tracts of real property.

(a)

The mayor and council may sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property, without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids. The findings of the mayor and council that the property to be conveyed meets the requirements of O.C.G.A. § 36-37-6(g), shall be memorialized by a resolution stating the same.

(b)

Each abutting property owner shall be notified of the availability of the property and shall have the opportunity to purchase said property under the terms and conditions set out herein. Such property owners shall be offered an opportunity to purchase the property for either a fixed price or by exchanging land of equivalent or greater value, such value to be reasonably determined by the city, and said estimation being in the sole and absolute discretion of the city.

(c)

There shall be no need for newspaper notices or posting the proposed conveyance of property at the courthouse or otherwise. Instead, the governing authority, by and through its designated agent, shall identify all abutting property owners to the subject property, and provide them with written notice of the proposed sale or conveyance of the real property. Said abutting property owners each shall be given no less than ten days to either decline making an offer to the city, or to make an offer to either purchase the property, or to offer an exchange of property of equal or greater value. The notice to the abutting property owners shall advise of the date, time and place of the decision of the city as to whom the property will be conveyed. Upon the running of the ten days, the governing authority may convey the property to the abutting property owner who has made the highest bid, whether by value of property acceptable to the city, or by dollar value for an outright purchase. The city retains the right to reject any and all offers.

(d)

All conveyances shall be by quitclaim deed. The cost of deed preparation, surveying and plat preparation, transfer taxes, recording costs and all other fees shall all be borne by the purchaser, not the city. The quitclaim deed may be executed either solely by the mayor, as attested by the clerk, or by the entire mayor and council, as attested by the clerk.

(Ord. of 11-8-1999, § 1)