Hi Ms. Karnage,
Section 15.2-2102 of the Code of Virginia generally requires the Council to “accept the highest bid from a responsible bidder.” State law contains nothing that we can find that describes what format is legally sufficient for such a bid and what is not. Consequently, in a case like this, a statement that the bidder stands ready to perform at least the obligations of the tenant under the proposed lease and that describes its capability to do so would satisfy minimum legal requirements.
Let me know if you have further questions.
Jean V. Capel, CMC
Office of the City Clerk
City of Richmond
900 East Broad Street, Suite 200
Richmond, Virginia 23219
From the local rules:
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§ 15.2-2102. How bids received and to whom franchise awarded.
The presiding officer shall read aloud, or cause to be read aloud, a brief summary of each of the bids that have been received, for public information, and shall then inquire if any further bids are offered. If further bids are offered, they shall be received. The presiding officer shall thereafter declare the bidding closed. The presiding officer shall receive recommendations from the staff relative to any bids received in advance and staff’s recommendations, if any, on any bids received at the advertised council meeting. After such other investigation as the council sees fit to make, the council shall accept the highest bid from a responsible bidder and shall adopt the ordinance as advertised, without substantial variation, except to insert the name of the accepted bidder. However, the council, by a recorded vote of a majority of the members elected to the council, may reject a higher bid and accept a lower bid from a responsible bidder and award the franchise, right, lease or privilege to the lower bidder, if, in its opinion, some reason affecting the interest of the city or town makes it advisable to do so, which reason shall be expressed in the body of the subsequent ordinance granting the franchise, right, lease or privilege. The process described in this section may run concurrently with any other advertisement or public ordinance requirements of this title, or such requirements as may be contained in charters of such cities or towns.
(Code 1950, § 15-730; 1962, c. 623, § 15.1-310; 1997, c. 587; 2001, c. 498.)
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