1. Conducted by Land Manager. Lottery sales shall be conducted by the land manager and may be conducted in conjunction with the disposal of other lands by different methods. The lottery drawing may be site-specific or may be for the right to choose from among lots placed in a pool. The land manager may disqualify any person who willfully violates the provisions of this chapter.

2. Application. Prior to the close of business of the last day upon which registration may be received, the borough must receive a completed application for each drawing in which the applicant desires to participate. The application must be accompanied by a registration fee. An applicant may not file more than one application on each parcel or pool.

3. Application Form and Fees. The application shall be on the form provided by the borough. A nonrefundable registration fee of $25.00 for each parcel or pool applied for must accompany the application. If a person’s name is drawn at the lottery, all other registrations made by that person are canceled. From time to time, the land manager may adjust the registration fee to reflect changes in the cost of borough services.

4. Deposit. Prior to 4:30 p.m. on the day of the drawing, the buyer or his agent shall provide the borough a good faith deposit equal to five percent of the purchase price. If the buyer fails to prove his or her qualifications, the borough shall retain the five percent deposit as liquidated damages, and all rights of the buyer in the property arising out of the sale are terminated. Unless specifically provided otherwise by the land manager in writing, the buyer shall have no right of possession to the property until all necessary notes, security, or other instruments necessary to close the sale have been executed and the sale closed.

5. Payment of Balance. The balance shall be paid in 10 equal annual payments of principal and interest with interest on the unpaid balance at a rate established by the assembly by motion and acted on as a separate item of business. The land manager may authorize payment in annual, quarterly, or monthly installments and may establish a service fee for such installment payments. There shall be no prepayment penalty.

1. Conducted by the Land Manager. Auction sales shall be conducted by the land manager and may be conducted in conjunction with the disposal of other lands by different methods. The auction shall be an outcry auction. The land manager shall prescribe and publish rules for the conduct of auction sales. The land manager may disqualify any bidder who willfully violates any such rules or the provisions of this chapter.

2. Registration. Prior to the close of business on the last day upon which registration may be received, bidders must submit to the borough an application with a nonrefundable registration fee of $25.00. A person bidding as an agent for another person or entity shall identify the person as an agent, submit a notarized proxy agreement, power of attorney, or other document showing the person’s authority, and shall identify the person’s principal. The auctioneer shall announce to those present the name of each agent and that agent’s principal.

3. Minimum Bid. The minimum acceptable bid shall be determined by the assessor or land manager not more than 90 days prior to the auction and be available at the borough office upon request. The auction will begin at the minimum acceptable bid. The borough reserves the right to refuse any or all bids. All bids are final.

4. Deposit. Immediately upon the announcement of the winning bid, the successful bidder shall provide the borough a good faith deposit equal to five percent of the purchase price. If the successful bidder fails to establish the bidder’s qualifications, the borough shall retain the five percent deposit as liquidated damages, and all rights of the bidder in the property arising out of the sale are terminated. Unless specifically provided otherwise by the land manager in writing, the successful bidder shall have no right of possession to the property until all necessary notes, security, and other instruments necessary to close the sale have been executed and the sale closed.

5. Re-Offering of Parcels. Immediately upon the sale of the last parcel to be auctioned at the auction sale, the auctioneer shall determine whether any bidder other than the successful bidder on the last parcel has failed to make the required five-percent deposit. The auctioneer may re-offer any lot which was previously the subject of a successful bid but for which the successful bidder has failed to make the required five percent deposit. A bidder who has failed to make the required deposit prior to the sale of the last parcel shall have no further rights in the parcel once the auctioneer has opened bidding on the parcel for the second time. If the successful bidder on the last parcel has not made the required deposit within a reasonable time, that lot may be re-offered. Parcels not receiving a bid during the auction shall be re-offered again at the end of the auction. If no bids are received a second time, the parcels may be re-offered at the next borough land sale or over the counter beginning the next business day following the auction.

6. Payment of Balance. The balance shall be paid in 10 annual payments of principal and interest with interest on the unpaid balance at a rate established by the assembly by motion and acted on as a separate item of business. The land manager may authorize payment in annual, quarterly, or monthly installments and may establish a service fee for such installment payments. There shall be no prepayment penalty.

1. Conducted by Land Manager. The land manager shall conduct sales by competitive sealed bids for those lands which the assembly has determined should be disposed of in that manner. The land manager shall prescribe the conditions for the conduct of the sale to the extent not provided by this chapter or otherwise prescribed by the assembly for a specific date.

2. Minimum Bid. The minimum acceptable bid shall be determined by the assessor or land manager not more than 90 days prior to the opening of bids and be available at the borough office upon request. The borough reserves the right to refuse any or all bids.

3. Deposit. The sealed bid must be accompanied by a good faith deposit of five percent of the bid. If the buyer fails to establish the buyer’s qualifications, the borough shall retain the five percent deposit as liquidated damages, and all rights of the buyer in the property arising out of the sale are terminated. Unless specifically provided otherwise by the land manager in writing, the buyer shall have no right of possession of the property until all necessary notes, securities, or other instruments necessary to close the sale have been executed and the sale closed.

4. In Case of a Tie. In the event of a tie whereby two bids are identical, the tie shall be broken by drawing the name of one of the bidders out of a container. The bidder whose name is drawn as the tie breaker will be deemed to have bid an additional $1.00 in breaking the tie.

5. Payment of Balance. The balance shall be paid in 10 equal annual payments of principal and interest with interest on the unpaid balance at a rate of 10 percent per annum. The land manager may authorize payments in annual, quarterly, or monthly installments and may establish a service fee for such installment payments. There shall be no prepayment penalty.

6. Re-Offering of Parcels. Parcels offered but not receiving a sealed competitive bid may be re-offered at the next borough land sale or over the counter beginning the next business day following the opening of bids.

1. Lands Available. Over-the-counter sales may include parcels that have been offered at least once by lottery, sealed bid, or auction and have not been sold, or parcels that have been returned to the borough through contract or deed of trust foreclosure.

2. Purchase Price. The minimum bid price as stated in the brochure for parcels offered but not sold shall be the purchase price.

3. Deposits. An over-the-counter sale must be accompanied by a good faith deposit of five percent of the purchase price. If the buyer fails to execute a necessary note and deed of trust, the borough shall retain the five percent deposit as liquidated damages, and all rights of the buyer in the property arising out of the sale are terminated. Unless specifically provided otherwise by the land manager in writing, the buyer shall have no right of possession to the property until all necessary notes, security, and other instruments necessary to close the sale have been executed and the sale closed.

4. Order of Accepting Sales. During regular borough office hours (8:00 a.m. to 5:00 p.m.), persons will be served in the order in which they arrive at the borough office. No appointment can be made ahead of time. If more than one person is present when the borough office opens at 8:00 a.m., numbers shall be drawn by those persons to determine the order in which they will be served.

5. Payment of Balance. The balance shall be paid in 10 equal annual payments of principal and interest with an interest rate on the unpaid balance of 10 percent. The land manager may authorize payments in annual, quarterly, or monthly installments and may establish a service fee for such installment payments. There shall be no prepayment penalty.

6. Ninety days prior to any scheduled borough land sale, any parcels being offered over the counter may be removed from over the counter. These parcels may then be re-offered at the sale with an adjusted minimum bid.