2.33A.180 Exempted transactions designated.
The following transactions are exempted from the provisions of Sections 2.33A.130 through 2.33A.170:
(1) Worthless Property. Where personal property is determined to be worthless by the property manager, such property may be disposed of by the property manager or the department involved in the most cost-efficient manner. The property may be donated to the public at large, provided a record of the name and address of the recipient and the property disposed of is kept and forwarded to the property manager; provided, that in no event shall the property be given to any county employee or relative of a county employee.
(2) Intergovernmental Transactions. The county council may sell or lease county property to 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 council.
(3) Private Exchange. The county council may authorize the exchange of surplus county real property for privately owned real property, subject to the provisions of this subsection; provided, that the exchange of tax title lands shall be governed by RCW 36.35.050. The value of the real property to be exchanged by the county and the value of the real property to be received by the county shall be determined by qualified independent appraiser(s), except that on-staff appraisers may be utilized where the property value does not exceed one hundred thousand dollars ($100,000). Unless the value of the real property to be exchanged is more than five (5) times the value of the real property to be received, the county council may approve the exchange and specify whether the difference in value, if any, shall be paid in cash at closing or be paid pursuant to an appropriate real estate contract or deed of trust.
(4) Trade-ins.
(a) The county may trade in property belonging to the county when purchasing other property. If the county elects to trade in property, it shall include in its 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 bidder may include in its offer to sell an offer to accept the designated county property in trade by setting forth in the bid the amount of such allowance.
(b) 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. The county shall consider offers in relation to the trade-in allowances offered to determine the next best sale and purchase combination for the county.
(5) Emergency. In the event of an emergency, when the interest or property of the county would suffer material injury or damage by disposition in accordance with the foregoing provisions, the county council, upon declaring the existence of such an emergency, may authorize the property manager to sell or lease such property upon such terms and procedures as to the county council may appear to be in the public interest.
(6) Unmarketable Parcels. A parcel of surplus real property, which in and of itself would have little utilitarian value because of its size or shape, may be offered and sold to owners of adjoining properties by private negotiation.
(7) Limited-Use Parcels—Covenant Restrictions. Where restrictive covenants, dedication limitations, grant conditions or other legally enforceable restraints, including such restraints placed upon property by the county, limit use of surplus property to a specific public purpose, such property may be conveyed by negotiation upon such terms and conditions as are consistent with such restraint and based upon an opinion of value from a member of the Institute of Real Estate Appraisers or a professional appraiser having similar ethical and professional standards.
(8) Limited-Use Parcels—Restrictive Characteristics. Property determined to be surplus to the immediate needs of the county, but which because of its location, configuration or other characteristic is especially and uniquely suitable for a particular quasi-public use requiring special legal, financial or technical qualifications, all as determined by the county council, may be sold or leased through a public request for proposal process.
(9) Public Purpose Leases. The county council may enter into rental agreements for the use of county property with bona fide nonprofit organizations wherein the organization is to make improvements or provide services to further a recognized county purpose. The agreement may be for less than fair market rental so long as the general public is not unreasonably restricted from access to the improvements or services so provided.
(10) Short-Term Rentals. The property manager or the custodial officer or department may permit use of county facilities by a third party for up to seventy-two (72) hours upon such terms as may be mutually agreed upon; provided, that such use furthers a county purpose.
(11) Established Rental Value. Where the fair market rental value of county real property has been established by the property manager in the case of rentals of less than one thousand five hundred dollars ($1,500) per month, or by a member of the American Institute of Real Estate Appraisers, or a professional appraiser having similar ethical and professional qualifications, in the case of rentals of one thousand five hundred dollars ($1,500) or more per month, in accordance with accepted appraisal methods and standards, such property may be leased by private negotiation at no less than the value so established.
(12) Watchman’s Property. Leases that include watchman’s responsibility for adjoining county-owned property may be leased by private negotiation.
(13) Real Estate Broker Services. Notwithstanding any other provisions set forth in this chapter, if in the judgment of the county council the sale of real property of the county would be facilitated and a greater value realized through the use of the services of licensed real estate brokers or by such other method as is determined to most likely result in the receipt of full value for such property, a contract for such services may be negotiated and concluded; provided, that a minimum sales price for such property shall be set by a member of the American Institute of Real Estate Appraisers or professional appraiser having similar ethics and professional qualifications.
(14) Relocation Sales. The county council may authorize the direct sale by private negotiation of county-owned residences to a person being relocated by a county project; provided, that the sale price for such property shall not be less than its appraised value as determined by a member of the Institute of Real Estate Appraisers or professional appraiser having similar ethical and professional standards.
(15) Public Purpose Sales.
(a) The county council may convey title to county real property to a bona fide nonprofit corporation to be improved and utilized in perpetuity to further a recognized county purpose; provided, the conveyance document(s) shall contain appropriate contract provisions and/or deed or deed of trust restrictions and covenants relating to timing of improvements, disposition of revenue, accessibility by the general public, nondiscrimination, compliance with laws, removal of liens, and reversion of title.
(b) The county council may convey title to county personal property no longer needed for county purposes to a bona fide nonprofit corporation to be used to further a recognized county purpose.
(16) Mineral Rights. The sale or lease of mineral rights for extraction of aggregate on county property as a portion of a larger project to prepare such property for future public use may be by request for proposals.
(17) Police Dogs. Where the sheriff of Clark County, in his or her discretion, determines, upon retirement of a police dog from service, that the interest of the animal, its handler, the county or the public would best be served thereby, the sheriff may make any appropriate disposition of such police dog, provided the recipient of the police dog agrees to assume all future liability for its actions, care, maintenance and medical needs.
(18) Sale Back to the Party from Whom the County Purchased the Property. Where real property is acquired and there exists surplus after the project or the proposed use is complete, if the party from whom the county purchased the property requests to purchase the surplus property, the county may sell the property at its fair market value without notice to or receiving offers from any other party. If the real property was acquired under the threat of eminent domain the county may sell the property to the party from whom the county purchased the property for the amount the county paid for the property plus the interest that would have accrued based on the Clark County investment pool interest rate and any costs associated with improving and maintaining the property. (Sec. 18 of Ord. 1987-03-46; amended by Sec. 1 of Ord. 1988-10-18; amended by Res. 1991-07-39; amended by Ord. 1992-04-60; amended by Ord. 1993-04-30; amended by Ord. 1995-01-22; amended by Ord. 1998-01-13; amended by Sec. 2 of Res. 1998-02-22; amended by Sec. 1 of Ord. 2007-08-01; amended by Sec. 2 of Ord. 2018-02-14)