Elk Rapids Schools
Bylaws & Policies
 

7300 - DISPOSITION OF REAL PROPERTY

The Board of Education believes that the efficient administration of the District requires the timely disposition of real property which has no present or foreseeable future use in the maintenance of the educational program or the operation of the District.

For purposes of this policy the term "real property" shall mean property which is permanent, fixed or immovable in the same sense as is used in the term "real estate".

7300.1

Disposition Procedures
   
 

The power to sell real property for the District rests solely and entirely with the Board of Education. Any action to sell or otherwise dispose of real property shall be taken in a Board meeting open to the public and recorded in the minutes of that meeting. However, the Board may discuss any aspects of the disposal of real property in closed session(s).
   
 

The Board, on its own initiative, shall from time to time direct a review of all real property of the District, and authorize the disposition by sale, trade, lease, donation or demolition of any which is not needed for school purposes and for which a future school related need cannot readily be anticipated.
   
 

For every property being considered for disposition, a current, professional, outside appraisal shall be obtained and presented to the Board. Bids, offers to buy or lease and/or other proposals for disposing of the property shall be solicited for all properties appraised at more than five thousand dollars ($5,000). Only the Board may solicit such offers or proposals, and all such solicitations shall include an expiration date and time after which no more offers or proposals shall be accepted.
   
 

All written offers relevant to the disposal of real property of the District shall include (1) the source of the offer, (2) date of the offer, (3) the expiration date of the offer and (4) the intended use of the property, and shall be received by the Superintendent who shall review each offer and present it as an item on the agenda of a public Board meeting accompanied by his/her recommendation(s) pertaining to it.
 

Potential purchasers or lessees of District property shall demonstrate financial capability to meet the terms and conditions of their purchase or lease offer, ability to comply with all zoning ordinances and a reasonable likelihood of obtaining all necessary governmental approvals and permits.
   
 

The Board reserves the right to reject any and all offers at its sole discretion, regardless of price and terms.
   
 

The Superintendent shall act as agent for the Board, and shall carry out all contract negotiations for the disposition of real property in accordance with directions and limitations required by the Board. S/He shall keep the Board informed of the progress of the negotiations and shall make certain that all legal and other requirements for a valid contract have been met before the Board commits the District to the terms of any contract.
   
 

Because any deviation from the strict requirements of law may render a transaction void, the process used in the sale of real property shall be carried out in strict conformance with law.

M.C.L.A. 380.143, 380.1262