177.073. Procurement of sites--sale or lease of property, procedure--deposit of proceeds. - Missouri Statutes

Procurement of sites--sale or lease of property, procedure--depositof proceeds.

177.073. 1. The board of directors or school board inurban school districts, metropolitan school districts, and schooldistricts located totally or partially within a first classcharter county adjoining a city not within a county, by anaffirmative vote of not less than two-thirds of all the members,may:

(1) Select, direct and authorize the purchase of sites forand authorize the construction of libraries, schools, schooloffices, art galleries and museums; and the necessary janitors'houses, repair buildings, supply houses and parking facilities tobe used in the operation and maintenance of the schools;

(2) Authorize and direct the purchase of additional groundneeded for school purposes;

(3) Authorize and direct the sale and transfer or lease ofany real or personal property belonging to the district which isnot required for operation of the school program. Real propertymay be sold or leased by listing the property with one or morereal estate brokers licensed by the state of Missouri and payinga commission upon such sale or lease. Real property not sold orleased through a real estate broker and all personal propertyshall be sold or leased to the highest bidder, except that anyreal or personal school property may be sold or leased to acommunity group or a city, state agency, municipal corporation,or any other governmental subdivision of the state located whollyor partially within the boundaries of the district, for publicuses and purposes, at such sum as may be agreed upon between theschool district and the community group or the city, stateagency, municipal corporation, or other governmental subdivisionof the state. If property is to be leased by bid, writtenproposals for lease terms shall be submitted by potentiallessees. The lease proposal offering the most economicallyadvantageous terms shall be considered the highest lease bid. Apurchase proposal may include contingencies; the proposaloffering the most economically advantageous terms shall be thehighest bid. All bids for purchase or lease of real propertyshall be submitted formally as closed bids. Bids shall be openedat a meeting, which shall be an open meeting. The board mayreject all bids, or negotiate an acceptable sale or lease withthe highest bidder, if all bids are unsatisfactory. The recordsof the bid-opening meeting shall be an open record. If realproperty is not sold or leased through a real estate broker,notice that the board is holding real property for sale oroffering it for lease, including a planned sale or lease to acommunity group or a city, state agency, municipal corporation,or other governmental subdivision of the state, shall be given bypublication in a newspaper within the county in which all or apart of the district is located which has general circulationwithin the district, once a week for two consecutive weeks, thelast publication to be at least seven days and not more thanfourteen days prior to the date of the bid opening. The term ofa lease may be for any period which the board finds isadvantageous and meets the needs of the district. The lease ordeed of conveyance shall be executed by the president andattested by the secretary of the board. If the district has aseal, it shall be affixed to the deed or lease. The proceedsderived from sale of real property shall be placed to the creditof the incidental fund of the district. The proceeds from saleof nonrealty and from leases shall be placed to the credit of theincidental fund.

2. The board may receive, in behalf of the school district,any grants, gifts, or devises made for the benefit of thedistrict or its schools, or any public library, art gallery ormuseum under the control of the board.

(L. 1983 H.B. 258 § 1, A.L. 1990 S.B. 525, A.L. 1993 S.B. 380)