HomeMy WebLinkAboutord1990-126y_ 4TCOM COUNTY COUNCIL AGENDA BILL NO. 90 -414
CLEARANCES: V nitiaLA Dated Date Received in Council officee Aaenda Date_ IAssianed Ta!
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WHATCOM COUNTY
COUNCIL
SUBJECT-' Property Management Ordinance
A7TACHMENTS: Memo
Ordinance
SUMMARY STATEMENT:
11 /27 /90ICouncil- Intro
112/11/901 Finance /Council ti-
Public Hearing Needed? Yes /xx Y No /�
The Management of County Real and Personal Property must be done by strictly
adhering to chapter 36:34 RCW. However, RCW 36.45.005 allows the County to establish
comprehensive procedures for the management of County property consistent with
the public interest. Passage of this ordinance will exempt the County from the
provisions of this chapter and allow more flexibility with regards-to the management
of our properties.
ORIGINATOR'S RECOMMENDED ACTION.-
Recommend setting date for public hearing.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
12- 11 -90: council passed 7 -0
Related File Numbers:
Ordinance or Resolution Number:
ORD90 -126
prop.ord 12/11/90 SPONSORED BY: Consent
SUBSTITUTE
PROPOSED BY: Treasurer
INTRODUCTION DATE: 11 -27 -90
1 ORDINANCE NO. 90 -126
2 ESTABLISHMENT OF PROCEDURES FOR
3 MANAGEMENT AND DISPOSITION OF
COUNTY OWNED PERSONAL AND REAL PROPERTY
WHEREAS, the current procedure for management and disposition of county owned
pro errttyy is determined by vanous state statues with RCW 36.34.005 allowing for the
establishment of comprehensive procedures for the management of county property; and
WHEREAS, it is in the best interest of the public to supplement the authority
already granted by law;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
following section of Whatcom County Code shall be amended as indicated:
"3.08.020 Chapter application. The policy, procedures and requirements contained
in this chapter shall apply to all contracts for public works and purchases and leases of
supplies, materials, and equipment for all departments of the county, excejt such as shall
be made pursuant_ to RCW 36.77.060, RCW 36.82.130.
. All departments of the county shall have a copy of
the ordinance codified in this chapter, and any vendor doing business with the county shall
have a copy upon request."
BE IT FURTHER ORDAINED that Whatcom County. Code Sections 3.08.160 and
3.08.170 are hereby repealed with all other sections to remain in effect, and the text of
Exhibit A is hereby adopted and shall be incorporated into the Whatcom County Code.
ADOPTED this 11th day of DeceTber , 1990
ATTEST:
Aa , - - , /,21�
Ram-
amona eeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COJ4NTY, WASHINGTON
(4 Approved v ( ) Denied
Shirley Van Zan n,Execiftiie
Date:
Exhibit "A"
to Ordinance 90 -126
WHATCOM COUNTY CODE
CHAPTER 1.10
PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY -OWNED
PERSONAL AND REAL PROPERTY
Article I. DEFINITIONS.
1. 10.010 County Council. The County Council is defined
for purposes of this Chapter as the governing authority of
Whatcom County, as established by the Whatcom County Charter.
1. 10.020 Estimated Market Value. Estimated market value
is defined as an amount in the competitive market that a well
informed and willing buyer or lessee who desires but is not
required to buy or lease, would accept, and which a well
informed and willing seller or lessor who desires but is not
required to sell or -lease, would pay for the purchase or use of
the premises, after due consideration of all the elements
reasonably affecting value.
1.10.030 Lot. A lot is defined as a number of goods of
a like kind, serving a similar purpose.
1. 10.040 Emergency. Emergency is an occurrence whereby
County property wbuld suffer material injury, loss or damage by
delay of action.
1.10.050 Worthless Property. Worthless property is
that property which when processed in the manner most
advantageous to the County cannot reasonably be sold for an.
amount sufficient to recoup the cost of sale or of disposal.
1. 10.060 Tax Title Property. Tax title property shall
mean all real property acquired by the County for lack of other
bidders at a tax foreclosure sale.
1.10.070 County Real Property. All County owned real
property which is not tax title property.
1. 10.080 Public Sale. Public sale means either sale by
public auction or by award to the highest responsive and
responsible bidder following an advertised call for sealed bids.
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ARTICLE II GENERAL AUTHORITY
1.10.090 Establishment of Comprehensive Procedures for
County Property Management. Comprehensive procedures for the
management of County real, personal and tax title property as
established by this Ordinance, authority for which is granted in
R.C.W. 36.34.005, are deemed to be in the best interest of the
public.
1.10.100 Severability. If any provision of. this
Ordinance or its application to any person or circumstances is
held invalid, the remainder of this Ordinance or its application
to other persons or circumstances, shall not be affected.
1.10.110 Reservation of Powers. This Ordinance shall be
supplemental to authority otherwise granted by law and Whatcom
County retains all powers now or hereafter granted by law for
the management of the County's property.
ARTICLE III PROPERTY MANAGEMENT COMMITTEE
1.10.120 Property Management Committee - Creation. A
Property Management Committee shall. be established comprised of
the following members or their designees: the County Executive,
Assessor, Director of Parks, Director of Planning, Director of
Public Works, Purchasing Agent and Treasurer. Additional seats
upon the Committee may be created by majority vote of its
members.
1.10.130 Property Management Committee - Goals and
Duties. Property management recommendations and decisions
shall be based solely upon the best interest of the public.
County Real Property and Tax Title Property: For real
property and tax title property, considerations in determining
what is in the best interest of the public shall include
maintaining an adequate revenue base by returning tax title
property to the tax rolls, identifying and retaining potential
open space, recreational-and ecologically sensitive property for
public benefit, preserving the integrity of County Comprehensive
Land Use Plans, identifying and disposing of property with
little present or future value and maximizing return in the sale
or lease of County property.
The Property Management Committee shall annually review
and make recommendations concerning the use and disposition of
County owned real property. The Property Management Committee
shall twice annually review and make recommendations concerning
the use and disposition of tax title property.
Personal Property: For personal property,
considerations in determining what is in the best interest of
the public shall include maximizing the efficient use of County
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property, maintaining a high level of public awareness while
acquiring and disposing of County property, obtaining the best
values and returns in acquiring and disposing of County property
and the prompt, fair and efficient disposal of worthless
property.
ARTICLE IV PERSONAL PROPERTY
1.10.140 Duty to Maintain Inventory of Personal
Property. Each County department head shall submit annually to
the County Purchasing Agent an inventory, current as of a date
set by the Property Management Committee, of all County owned
personal property showing date of acquisition, cost, and if not
purchased, the method of acquisition, current departmental
custodianship and location. The annual 'date of inventory
submission will be set by the Property Management Committee.
Where- methods of assigning a number to each article are
impractical, methods of accounting by class or in bulk may be
established. Each proprietary fund shall inventory personal
property owned by the fund according to its own established
inventory process, and shall submit a copy of its inventory to
the County Purchasing Agent as of a date established by the
Property Management Committee.
Property held by the Sheriff from a criminal
investigation, seizure, forfeiture or abandonment. shall be
exempt from the provisions of this Ordinance.
1.10.150 Duty to Determine Surplus Property. All
County departments shall promptly advise the Purchasing Agent of
any personal property which is surplus to the department's
needs, and the Purchasing Agent, when so advised, shall:
(a) Determine whether another department has a need for
the property and, if so, transfer custodianship to that
department at such value as is required by law;
(b) If no other department has a current need for such
property the purchasing agent shall review whether the following
are financially advantageous:
( 1 ) Trade in of the property;
(2) Lease to a non - governmental agency;
(3) Sale or lease to another governmental agency.
(c) If the property has a value less than $10,000, the
Purchasing Agent may authorize any of the above uses. If the
property is valued over $10,000 the Purchasing Agent,, may
authorize trade in when purchasing replacement property, but
otherwise the Purchasing Agent shall make the appropriate
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recommendation to the County Council who shall dispose of the
property in the manner herein provided.
1.10.160 Purchasing Agent - Duty to
Surplus Property. Personal property which
determine to be surplus shall be appraised
Agent and an estimated market value shall be
Purchasing Agent exercising his best profes
making a good faith determination as to
property.
Determine Value of
County departments
by the Purchasing
established by the
sional judgment in
the value of the
1.10.170 Worthless Property. Where the Purchasing
Agent determines surplus personal property worthless and without
value, the property shall be disposed of by the Purchasing Agent
in the most cost efficient manner. The Purchasing Agent shall
keep a record of the nature and condition of the property and
the date and means of its disposal. In the event the value at
the site is less than the cost of hauling to another place of
use or disposal, the Purchasing Agent may donate the property to
any person or entity, provided a record be kept by the
Purchasing Agent of the name and address of the recipient and
the property received. In no event shall the property be given
to County employees or members of their families.
1.10.180 Authority to Dispose of Personal Property.
Whenever the Purchasing Agent submits a list of surplus personal
property to the County Council, and the Council finds by
Resolution, following a public hearing, that it is in the best
interest of the people of Whatcom County to sell or lease said
property, the property shall be sold- or leased under the
limitations and restrictions and in the manner herein provided.
The Purchasing Agent may declare property worthless under WCC
1.10.170 or trade in property under WCC 1.10.150 without
approval of County Council.
1.10.190 Notice of Public Hearing. The Notice of
public hearing of intenti.on to sell personal property at auction
must be published in a legal newspaper of general circulation at
least once a week for twv (2) consecutive weeks, the last Notice
to. appear not more than five (5) days prior to the date of
hearing. The Notice for public hearing must particularly
describe the property to be sold, the day, hour and place the
hearing is to be held. However, where applicable, the property
may be described by lot rather than item. Additionally, the
Notice of Public Hearing shall be posted in a conspicuous place
in the Courthouse not less than five (5) days prior to the
hearing.
1.10.200 Advertisement of Sale - Requirements. Where
the County Council adopts by Resolution the sale of surplus
personal property the property may be sold at a public sale
following publication of a Notice in a legal newspaper of
general circulation at least once a week for two (2) consecutive
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weeks, the last Notice to appear not more than five (5) days
prior to the date of sale. The advertisement for sale must
particularly describe the property to be sold and designate the
day, hour and the place of sale. However, where applicable, the
property may be described by lot rather than item. Additionally,
the advertisement for sale shall be posted in a conspicuous
place in the Courthouse not less than five (5) days prior to the
sale. The advertisement shall advise interested purchasers where
the items to be sold will be available for public inspection
during at least one (1) business day at least twenty -four hours
prior to the sale.
1.10.210 Sale of County Personal Property - Public
Sale. Personal property shall be consolidated and aggregated
for disposal at public auction yearly or as often as
practicable, except as otherwise provided below. The auction
shall be planned and scheduled by the Purchasing Agent with the
assistance of the Public Works Equipment Manager, the
Superintendent of Building Maintenance, and the County -
Treasurer, under the policy direction of the Property Management
Committee. Sales of County personal property shall be made to
the highest responsive and responsible bidder at public sale
except when:
(a) Sold or transferred to a governmental agency; or,
(b) The County Council has determined an emergency to
exist; or
(c) County personal property is traded in on the purchase
of a replacement; or,
(d) Where the County Council declares the item of
personal property to be a specialty or unique item with an
estimated market value in excess of $1,000.
(e) Where there is no bid within the advertised terms
the County may withdraw the property from sale, or if the County
deems such action to be in the public interest, reject any and
all bids either written- or oral, and thereafter negotiate the
sale of the property, providing the negotiated price is higher
than the highest bid at the public sale and that the public has
Notice by advertisement, under 1.'10.190, and an opportunity. to
compete, through mailed bids, for purchase by offer of a more
favorable price, but in no event shall County personal property
be sold to a County official or employee who participated in the
decision to declare the property surplus, or who has direct
responsibility for any aspect of the surplus sale.
1.10.220 Title. In no case shall the title to any item
of County personal property be transferred until the purchased
price has been paid.
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1.10.230 Disposition of Proceeds. The County
departments responsible for conducting sales or leases shall be
reimbursed for advertising, postage and fees, if any, from the
proceeds of the sale. The balance of. the proceeds shall be
credited by the County Treasurer to the County fund from which
the original purchase price was paid, if known. Otherwise,
proceeds will be credited to the Current Expense Fund.
1.10.240 Intergovernmental Sales - In Excess of
1 000. Whatcom County may dispose of or lease County property
to another governmental agency and may acquire or lease personal
property for the County from another governmental agency by
negotiation, upon such terms as may be agreed upon and for such
consideration as may be deemed adequate by the County Executive.
1.10.250 County Personal Property - Trade In - In Excess
of 51.000. The County may trade in property belonging to the
County when purchasing replacement property. If the County
elects to trade in property, it shall include in any call for
bids on the property to be purchased a Notice that the County
has for sale or trade in property of a specified type,
description and quantity which will be sold or traded in on the
same day and hour that the bids on the property to be purchased
are opened. Any person may bid for the purchase of such trade in
property and any supplier may include in its offer to supply an
offer to accept the designated County property trade in by
setting forth in the bid the amount of such allowance. .
In determining the lowest and best bid the County shall
consider the net cost to the County after trade in allowances
have been deducted. The County may accept the bid of any bidder
without trade in of the County property, but may not require any
such bidder to purchase the County property without awarding the
bidder the purchase contract. Anyone may make an offer for the
purchase of the used equipment independent of a bid on the new
equipment and the County shall consider such offers in relation
to the trade in allowances offered to determine the net best
sale and purchase combination for the County.
1.10.260 Specialty or Unique Personal Property. Where
the County Council by Resolution finds it in the best interest
of the County to sell specialty or unique pieces of personal
property which includes but is not limited to computer systems,
communication equipment, electrical components and heavy
equipment, with an estimated market value in excess of $1,000,
it may authorize the County Purchasing Agent to enter into
negotiations for sale of the item for a price not less than 90%
of the estimated market value. If a sale is negotiated the
public will be given two (2) weeks notice by advertisement, in a
legal newspaper, and an opportunity to compete for the item's
purchase by mailed bids. The advertisement shall describe the
item with particularity and state the item's negotiated sale
price. In no event shall the County award a bid to any County
employee or a member of the employee's family.
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ARTICLE V REAL AND TAX TITLE PROPERTY
1.10. 270 Duty to Inventory and to Declare Real Property
Surplus. Each County department having custodianship over
County real .property shall, no later than a date established by
the Property Management Committee annually 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 and potential uses.
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 each calendar year. 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, with or without comment, to the County Council
for final action. Recommendations, may be for any one of the
following actions:
use;
(a) Retain the property for its present use;
(b) Retain the property and change the manner of County
(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 non - governmental parties;
(g) Sell or lease property to other governmental
agencies.
1.10.280 Tax Title Property. The County Treasurer
shall, no later than a date set by the Property Management
Committee each year, prepare an inventory of all tax title
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property. Upon completion of said inventory, the County
Treasurer shall present same to the Property Management
Committee. The Property Management Committee shall review and
make recommendations to the County Executive concerning the
disposition of each lot, tract, parcel or other interest
included in the tax title inventory. The County Executive shall
submit said recommendations with or without comment, to the
County Council for final action.
Recommendations may be for one of the following actions:
(a) Offer the property for public sale;
(b) Convey the property to the County in its proprietary
capacity;
(c) Rent or lease the property;
(d) Exchange the property with another governmental or
municipal agency for lands of substantially the same market
value;
(e) Retain the property in its current status.
The County Treasurer shall maintain a list of all tax
title property for which sale requests have been received since
the last tax title property sale and twice each year submit same
to the Property Management Committee. Within thirty (30) days of
each submission, the Property Management Committee shall review
and make recommendations to the County Executive concerning the
disposition of each lot, tract, parcel or other interest
included on said list. The County Executive shall submit
recommendations, with or without comment, to the County Council
for final action.
_
1. 10.290 Property Management Committee - Duty to
Determine Estimated Market Value of all Real Property and Tax
Title Property Recommended for Sale. 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. The County
may contract with independent appraisers to obtain the estimated
market values.
1.10.300 Disposition of County Tax Title Property.
Disposition of County tax title property shall be made pursuant
to the powers, procedures and notice requirements contained in
Title 84.64.270 RCW and 36.35 RCW.
1. 10.310 Authority to Dispose of County Real Property.
Within sixty (60) 'days following receipt of the estimated market
values, the County Council shall hold a public hearing on the
Property Management Committee recommendations. Following the
-a-
hearing, if it is deemed to be in the best interest of the
people of Whatcom County to sell all or part of said property,
the Council shall adopt a Resolution to that effect and the
property shall be sold under the limitations and restrictions
and in the manner herein provided.
In making such sales of County real property and tax title
property, the County may sell or reserve any rights to timber,
minerals, or other resources on any land owned by the County
separate and apart from the land in the same manner and upon the
same terms and conditions as provided in this Ordinance for the
sale of real property.
1.10.320 Notice of Public Hearing. Notice shall be
provided of the public hearing at which the County Council will
consider sale of County real property as authorized herein. The
Notice of Public Hearing must be published in a legal newspaper
of general circulation at least once a week for three (3)
consecutive weeks, the last notice to appear not more than ten
(10) days prior to the date of hearing. The notice for public
hearing must contain both the street address, if. available, and
the legal description of the property, its estimated market
value, and designate the day, hour and the place of the public
hearing. The notice shall also state which methods contained in
1.10.340 are under consideration for disposition of the
property. If the property is offered -for sale on other than a
cash basis, the terms must be stated in the notice.
Additionally, the notice of public hearing shall be posted in a
conspicuous place in the Courthouse not less than ten (10) days
prior to the hearing. The County Council shall be responsible
for publishing or posting all above referenced notices.
1.10.330 Advertisement of Sale - Recruirements. Where
the County Council adopts by Resolution the sale of County real
property, the property may be sold at a public sale following
publication of a Notice in a legal newspaper of general
circulation at least once a week for three (3) consecutive
weeks, the last Notice to appear not more than ten (10) days
prior to the date of sale. The advertisement for sale must
contain both the street address, if available, and the legal
description of the part and parcel, its estimated market value,
and designate the day, hour and the place of sale. If the
property is offered for sale on other than a cash basis, the
terms must be stated in the advertisement. Additionally, the
advertisement for sale shall be posted in a conspicuous place in
the Courthouse not less than ten (10) days prior to the sale.
Sales of tax title property must comply with R.C.W. 84.64.270,
and with 1.10.340, if applicable.
1.10.340 Sale of County Real Property. All sales of
County real property shall be under the direction of the Whatcom
County Treasurer and shall be made to the highest responsible
bidder at a public sale except when:
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(a) Sold to a governmental agency; or,
(b) Sold to a non - profit agency when determined to be in
the public interest';
(c) The County Council has determined an emergency to
exist; or,
(d) The County real property is traded for real property
of equal or greater value; or,
(e) The County Council finds, after public hearing, that
it is in the best interest of the public to list the real
property for sale through a licensed Real Estate Agent.
(f) Where there is no public bid at or above the
estimated market value, the Property Management Committee may
(i) List the property for sale through a licensed
Real Estate Agent; or,
(ii) Negotiate the sale of the property at a price
less than estimated market value; or,
(iii) Withdraw the property from sale.
1.10.350 Purchase of County Real Property by County
Employees. County officials or employees who participated in
the decision to declare real property to be surplus or who have
direct responsibility for any aspect of the surplus sale may not
directly or indirectly bid for such property at public sale. In
no event shall County real property be sold directly or
indirectly to a County employee through private negotiation as
outlined in 1.10.340(f).
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 1.10.340 subparagraph (e) or (f)(i), to
negotiate the sale of County real property, or elects under
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 list to facilitate negotiated sales
or leases of the property.
1.10.370 Intergovernmental Sales and Leases. Whatcom
County may sell or lease County property to another governmental
agency and may acquire real property for the County from another
governmental agency by negotiation, upon such terms as may be
agreed upon and for such consideration as may be deemed adequate
by Whatcom County, without entering into the public bidding
process.
1.10.380 Disposition of Proceeds of Sales. The
Whatcom County Treasurer is authorized to establish such funds
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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 conducting sales or leases
shall be reimbursed from the proceeds of the sale or lease for
costs of title searches, advertising, postage and fees.
1.10.390 Title. Upon receipt of sufficient
consideration, the County Treasurer shall execute the proper
documents transferring title attested to by the County Auditor.
In no case shall title be transferred until the purchase price
has been fully paid.
ARTICLE VI LEASING COUNTY REAL OR TAX TITLE PROPERTY
1. 10.400 Authority to Lease. Where it appears to be in
the best interest of the County and the .people thereof, Whatcom
County may lease or rent any County real or tax title property
and its appurtenances. Such leases may be entered into pursuant
to public bid, listing with a licensed Real Estate Agent or
application from private parties. In making such lease of County
real property and tax title property, the County. may lease or
reserve any rights to timber, minerals, or other resources on
any land owned by the County separate and apart from the land in
the same manner and upon the same terms and conditions as
provided in this Ordinance for the sale of real property.
Any lease or rental agreement executed under the authority
provided herein creates a vested interest in a contract binding
upon the County and the lessee. Prior to any lease or rental of
tax title property the terms thereof must be approved by
resolution of the Board of Directors of the School District
which would, under state law, be entitled to share in the
proceeds of the income received thereof at the time the
agreement is executed.
1.10.410 Lease -Review Guidelines and Lease Approval.
The County Executive shall have the authority to lease 'County
real or tax title property; Provided that, the Property
Management Committee shall establish written guidelines which
shall determine when the County Executive must refer a proposed
lease to the Property Management Committee for review and
recommendation and to the County Council for*approval. Where
Property Management Committee guidelines require County Council
approval for a proposed lease, any decision on said proposed
lease must be made by resolution after a public hearing. The
notice of public hearing shall comply with 1.10.320. The
resolution must indicate whether the lease should be submitted
to public bid, listed through a licensed Real Estate Agent or
awarded by private negotiation with interested parties.
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1. 10.420 Leas incr - Public Bids. When the County
Council finds by resolution it is in the best interest of the
public to lease property pursuant to mailed bids it shall give
notice in a legal newspaper of general circulation at least once
a week for three (3) consecutive weeks, the last notice to
appear not more than ten (10) days prior to the date of bid
opening. The notice must contain both the street address, if
available, and the legal description of the property, its
estimated market value, and designate the day, hour and the
place of the bid opening. The lease shall be awarded to the
highest responsible bidder: Provided, that whenever there is
reason to believe that the highest acceptable bid is not the
best rental obtainable, all bids may be rejected.and the County
Council may call for new bids or enter into direct negotiations,
to achieve the best possible rental. In determining "highest
responsible bidder," the following elements may be considered:
-1. The character, integrity, and reputation of the bidder;
2. The previous and existing compliance by the bidder
with the terms of other leases of County real property;
3. Such other information as may be deemed relevant to
the decision to award the lease, including the uses to be made
of the property.
1. 10.430 Application to Lease - When Required. Private
parties desiring to rent or lease County real or tax title
property should submit an application to the County Treasurer.
When lease approval is required by the County Council, the
County Treasurer may require a deposit in a reasonable amount to
accompany all applications to lease. If the applicant is
successful in leasing the property the deposit shall be credited
toward the first month's lease payment. If the applicant is
unsuccessful in leasing the property the deposit shall be
returned to the applicant unless, the applicant fails or refuses
to comply with the terms of the application or to execute the
lease, in which case, the deposit shall be forfeited to the
County and shall be placed in the current expense fund. If the
County *Council finds by resolution, subsequent to a public
hearing, it is in the best interest of the public to lease the
property to the applicant or other interested parties, a lease
may be executed without being submitted to public bid. The
notice of public hearing shall comply with 1.10.320.
1.10.440 Lease Terms. County real and tax title
property may be leased for a term of years and upon such terms
and conditions as may be deemed in the best interest of the
public.
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1.10.450 Rental Adiustment Requirements - Long Term
Leases. Any lease subject to approval by the County Council
which is for a term of longer than five (5) years shall contain
a provision requiring the lessee to permit the rental payments
to be adjusted and fixed by Whatcom County every five (5) years;
Provided that . any lease may provide for more frequent
readjustments. When the lease permits Whatcom County to adjust
the rent, the County will give the lessee written notice of the
adjusted rent, in accordance with the terms of the lease. The
rent as adjusted shall take effect no sooner than as provided by
the lease and then 30 days after date of said notice unless
lessee, within 30 days following receipt of notice from Whatcom
County gives written notice of rejection of the adjusted rent.
If the lessee and the County cannot agree upon the rental
adjustment, the rent for the period will be adjusted by
arbitration. The lessee and the County will select one (1)
disinterested arbitrator each, and the two (2) selected
arbitrators will select a third. If the two (2) arbitrators have
not selected a third arbitrator within 30 days after the
selection of the last selected of the two, either lessee or the
County may apply to the presiding judge of the Superior Court in
Whatcom County for the appointment of a third arbitrator. Each
arbitrator will be a member of the American Institute of Real
Estate Appraisers, or of the Association having equivalent
ethical and professional standards. The three (3) arbitrators
will determine a fair rent for the premises based upon the
estimated market value of the property, as previously defined.
The decision of a majority of the arbitrators will bind both
lessee and the County. At the conclusion of the arbitration, the
arbitrators will submit written reports to the lessee and the
County. The cost of the arbitration will be divided equally
between the lessee and the County.
1.10.460 Administration of Leases. Each department
shall be responsible for administrating all leases of County
real or tax title property for which it is custodian.
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