HomeMy WebLinkAboutord1996-036WHA TCOM CO UNTY CO UNCIL AGENDA BILL NO. 1996 - 302
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: %"irty council
8/21/1996
E V/ . L)
2 r I
tl HA 0M C",0UN t
COUNCIL
91311996
Introduction
Division Head:
Dept. Head:
Prosecutor:
/Budget:
Executive:
SUBJECT.•
Amending Chapter 1.10 and repealing Chapter 2.72 re: surplus property
ATTACHMENTS
Proposed ordinance.
SU I MRYSTATEMENT.•
Related County Cotract #: I Should the Clerk schedule a hearing? (Y/1) Requested Date:
The proposed ordinate would clarify processes regarding the disposition of property. The current "automatic" reservation of
mineral rights would be replaced and the decision would be on a case -by -case basis. A major review of county -owned
properties would occur every five years in conjunction with comprehensive plan reviews. Independent apparaisals would be
performed on all properties whose value likely exceeds $15,000. Procedures relating to brokers and recovery of costs are
clarified.
RECOMMENDED M0770N (for final action):
I move to approve the ordinance.
COUNCIL ACTION TAKEN
1996-302 Introduction 913/96
9/17/96. Amended and Adopted 7 - 0. Ord. #96-036
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Saleprop.ord 8/1/96
ORDINANCE NO. 96 -036
SPONSORED BY:IIVIHOF
PROPOSED BY: STAFF
INTRODUCTION DATE: _
9/3/96
AMENDING WCC CHAPTER 1.10 ESTABLISHING PROCEDURES FOR THE SALE OR
CONVEYANCE OF COUNTY OWNED PROPERTY
AND REPEAL OF WCC CHAPTER 2.72
WHEREAS, guidance is needed to revise procedures regarding the sale or transfer of
property owned by the County; and
WHEREAS, it is the desire of the County to insure that publicly -owned properties are
maintained only to the extent necessary to service the immediate and foreseeable needs of the
people of Whatcom County within the 20 year planning horizon required by the state; and
WHEREAS, WCC 1.10.310 Authority to dispose of county real property contains
language allowing the County to reserve mineral and/or resource rights in the sale of property
while, at the same time, WCC 2.72 Reservation of mineral rights in sale or conveyance of
property requires the County to reserve mineral and/or resource rights, thereby creating a
duplicative and pre judgmental approach to the question of sale of mineral and/or resource rights
that may inhibit the sales of surplus property; and
WHEREAS, the transfer of unneeded properties to other ownership will reduce County
costs and add to the revenue base of the County;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Chapter
2.72 of the Whatcom County Code is repealed in its entirety as shown in attachment A, and
Chapter 1.10 is amended as shown in attachment B.
ADOPTED this 17 day ofsentember , 1996.
ATTEST:
avis, Counci lerk
APPR D as to form:
ivil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ward Nelson, Chair
( roved O Vetoed
Pdf-e Kremen., Executive
Date: 9 9�
ATTACHMENT A
1 Ehapfer-2.72
■ \ w r ■ Y
1 Sectiom.
• •
■ •
L4mitalions
of state.
i
� •�
_ • rA
•
•
•
• • •
Sale
of
: ri
r ■ ■n
:
■• to eo=eil appr
•'
/
2.72.030
E3offveyanee
of
:
with
mineral rights _■ i i eotmeil
: i i i
•
•
•
• L4ntitatiom
of
provisiont.
The _
_ _
_
_ _
_
-
_
__ - _ _ _ _ _ _
-
shaR
sell
property
and
provided
•
36.34.010,
"i � - -
-
under
th
i
reserving
e ti ■
i i g i :w
"■"
i s
on—n
'09
e.... gravel,
timber
=d
i
of every ftafne and i Sri i oi
deseriptieft
i■ i
lands
for
may be
i or upoft
said
i" i- any
i
thereof-,
: i and the = i i explore
i■-: same
-
-
-
-ni
- - -
-
1 ■ i i
■ :w
JA
i
■iii
i i Kvaa Lz :r: i i ni
%,Il
^•• •
be r most
beftefieial
to the
eotinty.
■ • '••
•
/ •
•
•
• Sale
of
i■
with mineral
rights
subjeet to eouneR approval.
!ands, be
i" i■
i : i i"
ineludifig
real, persona4,
mixed,
i :• i:■
i i with
the
mifteral
fights
i■
i ress
eoment
of
he
eounty cotifteff. i •
1i
•
• E3onveyanee
of r •
with
mineral
rig■ ■ r to cotmeil approval.
United
No conveyanee
of i i
to the
States,
the
state of : ■: n i i Ot any
i i■ i■ i:■
25
for
in r
as provided
with ffAneral rights
without
ATTACHMENT B
Chapter 1.10 (part) PROCEDURES FOR MANAGEMENT AND DISPOSITION OF
COUNTY -OWNED PERSONAL AND REAL PROPERTY
1.10.270 Duty to inventory and to declare real property surplus.
Each county department having custodianship over county real property shall,
trii`1 €i:; :h<:i sno later than a date
established by the property management committee an= submit to the county
treasurer a current inventory of all its county -owned real property showing cost, if known,
method of acquisition, present estimated market value, special characteristics, and
improvements affecting its economic value, potential uses, i tidt<;Fu
?Lii'•Y.n +:•:•Y•if ?: iiiffffxi ;0ir { +fxx:r {.i:v' %l: ?•Y:3 i:0i:•i}Ffi' {: iii:?ff. +f { +fi::i}'f {.;r ?;wn;;•iiiir 'f+ iii:?• Y: iY+ ii'• i:::: s?? 4;x {x {?•i:.!:±i: % } ?} ?': ?} ?':':. . f:
w.4::.4,.:4::::: n+::: n .. f .::::::.. ... f ...::::::::::Y.. .:Iw: :: f,. . {.tir: {ri :n? f {f {,f..R r •$ :•:iii ? ?.f: F..i:i ':tiiiitii$:.
The
county treasurer will keep a comprehensive list of the county's real property.
County departments having custodianship of real property shall state the present use of
each parcel on its inventory and whether all or part thereof is being used. For parcels or
portions of parcels not in use, said departments shall state the future probability of use and
estimated date of usage. These statements shall be in writing and forwarded to the county
treasurer no later than a date established by the property management committee ea,-+
. Upon receipt of the above information, the county treasurer shall present
same to the property management committee.
The property management committee, along with the appropriate departmental custodian,
shall review and make recommendations to the county executive regarding the status of
each lot, tract, parcel or other interest included in the real property inventory. The county
....................................................................................... ...............................
executive shall submit said recommendations, c%g;p:ngthg€
with or without comment, to the county council for final action.
Recommendations may be for any one of the following actions:
A. Retain the property for its present use;
B. Retain the property and change the manner of county use;
C. Declare the property surplus and sell it;
D. Transfer property to another county department;
E. Exchange property for privately or publicly owned lands that better meet county
land needs;
F. Sell or lease property to nongovernmental parties;
G. Sell or lease property to other governmental agencies.
1.10.290 Property management committee - Duty to determine estimated market
value of all real property and tax title property recommended for sale.
ATTACHMENT 13
The property management committee shall obtain and provide to the county council an
estimated market value for all county real and tax title property recommended for sale to
the county council.
estimated market values.
1.10.360 Bids from real estate brokers to negotiate sales or lease of county real and
tax title property.
Where the county elects under Section 1.10.340E or F.1, to negotiate the sale of county real
property, or elects under Section 1.10.400 to negotiate the lease of county real or tax title
property, the county treasurer may select a real estate broker from the county's annual RFP
.:.. is.<::: isi.: i; i:::: is ::::::::::4:li:n {(i::::i:::itiv i::::i::i:::i:.`hily ii•:ii•' {:
list to facilitate negotiated sales or leases of the -Property. >l t a h Z z 1
1.10.380 Disposition of proceeds of sales.
The Whatcom County treasurer is authorized to establish such funds and accounts as may
be necessary to deposit sale or lease proceeds until final disposition. The proceeds derived
from the sale or lease or other use of tax title property shall be distributed in accordance
with state law, provided, that the county departments responsible for condtieting sales or
leases shall be reimbursed from the proceeds of the sale or lease for costs of title searches,
I: \ORD \SALEPROP.ORD