Chapter 3.50
COUNTY PROPERTY MANAGEMENT
Sections:
3.50.010 Purpose – Title – Board defined.
3.50.025 Delegation of authority.
3.50.050 Exemptions from notice and hearing requirements.
3.50.060 Payment of purchase price.
3.50.080 Leases for terms longer than three years.
3.50.090 Leases for terms of three years or less.
3.50.100 Exchanging real property.
3.50.110 Intergovernmental transactions.
3.50.120 Property purchased with Referendum 37 grant funds.
3.50.130 Compliance with RCW 39.33.020.
3.50.140 Supplemental procedures and requirements.
3.50.010 Purpose – Title – Board defined.
A. Chapter 36.34 RCW authorizes counties to establish comprehensive procedures for the management of county property consistent with the public interest. Upon adoption of such procedures, a county is exempt from the requirements of Chapter 36.34 RCW, although it retains all powers granted by that chapter. Cowlitz County is adopting this resolution as its comprehensive procedures for the management of county property consistent with the public interest. These procedures are not exclusive, however, and the county may exercise any authority granted by, or follow any procedure prescribed by, Chapter 36.34 RCW or any other provision of law.
B. This chapter, together with any amendments, shall be known as the “Cowlitz County Property Management Policy.”
C. The term “Board” means the Board of County Commissioners of Cowlitz County. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 1, 9-21-92.]
3.50.020 Sale of property.
Whenever the Board determines that it is in the best interest of the county to sell any county property, it may do so in accordance with this policy. This applies to all property owned by the county, including real property, personal property and tax title property. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 2, 9-21-92.]
3.50.025 Delegation of authority.
The Board delegates to specific county staff the responsibility of managing and organizing parcels of land held in trust, in accordance with Chapters 36.35 and 84.64 RCW, and in the process of preparing for sale and in assisting the County Treasurer in dispersal of tax title lands held in trust. The County Treasurer, in accordance with Chapters 36.35 and 84.64 RCW, will facilitate the sale, exchange, disposal, lease, improvement, encumbrance, or division of such tax title property in any manner consistent with the public interest and provisions of Chapters 36.35 and 84.64 RCW. Tax title property which has not been conveyed to the county in its proprietary capacity shall be held in trust for the state and the various taxing districts, and managed in accordance with the provisions of Chapters 36.35 and 84.64 RCW. [Ord. 22-034 § 1, 4-19-22.]
3.50.030 Notice and hearing.
Before authorizing the sale of any county property, the Board shall hold a public hearing. Notice of the public hearing shall be given by publication in the official county newspaper. The notice shall specify the date, time and purpose of the hearing, and shall generally describe the property being considered for sale. The notice shall be published once, at least 10 days but no more than 25 days before the hearing. If RCW 39.33.020 applies, its notice provisions shall supersede the notice provisions of this section. Any interested person may speak at the hearing. After the hearing is closed, the Board shall determine whether it is in the best interest of the county to sell the property. [Res. 92-148, § 3, 9-21-92.]
3.50.040 Sale methods.
If the Board authorizes the sale of any county property, it shall direct that the property be sold by any of the following methods:
A. Public Auction. Property may be sold at public auction to the highest and best bidder. The auction shall be conducted by or through the County Treasurer or such other person as the Treasurer may designate. The Treasurer may contract with another government agency or official, or with a private party, to conduct the auction. Advance written notice of the sale shall be provided by publication, posting and/or such other means as the Treasurer or his or her designate deems appropriate. The Board, the Treasurer, or the Treasurer’s designate may set a minimum bid.
B. Sealed Bids. Property may be sold by sealed bids to the highest and best bidder. The sale shall be conducted by or through the County Treasurer or such other person as the Treasurer may designate. Advance written notice of the sale shall be provided by publication, posting and/or such other means as the Treasurer or his or her designate deems appropriate. The Board, the Treasurer, or the Treasurer’s designate may set a minimum bid.
C. Consignment. Property may be placed with an established dealer in the kind of property being disposed of, to be sold on consignment. The Board shall establish a minimum bid for the property, and shall ensure that the dealer is obligated to receive full payment before transferring the property.
D. Broker. The Board may list property for sale with a broker who deals in that kind of property, and who has all licenses required by law. The broker shall submit to the Board all written offers to purchase all or any portion of the listed property. The Board may accept any offer that it determines is in the best interest of the county, even if that offer does not represent the highest monetary return of the offers submitted. The Board may reject all offers. Final action selling the property shall be taken at a public meeting.
E. Other Methods. Property may be sold through other methods that the Board determines are in the best interest of the county in having the property sold in a timely manner for its fair market value, and in receiving full payment at or before the time of sale. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 4, 9-21-92.]
3.50.050 Exemptions from notice and hearing requirements.
A. Sales of county property are exempt from the requirements of CCC 3.50.030 in the following circumstances:
1. When selling property to any unit of government, whether at the federal, state or local level;
2. When selling property with an estimated value of $5,000 or less;
3. When trading in personal property in connection with a purchase of personal property;
4. When selling residential real property at fair market value to the current tenant of that property, if that tenant has resided on the property and satisfactorily performed the rental agreement for at least six months;
5. When selling no more than one-half acre of real property at fair market value to an owner of adjoining property. If, according to the records of the County Assessor, more than one person owns adjoining property, the Board shall send notice to all such owners informing them that a sale of the county property is being considered, and inviting them to send the Board a notice of their interest in purchasing the property. If more than one owner sends notice of interest in purchasing the property within 15 days of the date of the Board’s notice, the Board shall sell the property only by public auction or sealed bids.
B. If the Board determines that it is in the best interest of the county to sell any property in any of the circumstances described in subsection A of this section, it may proceed to sell the property, or have it sold, in accordance with any of the sale methods described in CCC 3.50.040. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 5, 9-21-92.]
3.50.060 Payment of purchase price.
When county property is to be sold, the purchase price must be paid in full before the property is transferred to the purchaser. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 6, 9-21-92.]
3.50.070 Trade-ins.
In calling for bids to sell any personal property to the county, the Board may include in its call for bids a provision describing one or more items of county property that the Board proposes to trade in as partial payment for the property to be purchased. The Board shall state whether it is optional or mandatory for bidders to accept the proposed trade-in. In determining the lowest responsible bidder on the property the county will purchase, the Board shall consider the net cost to the county, after the allowance for the trade-in. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 7, 9-21-92.]
3.50.080 Leases for terms longer than three years.
A. The Board may lease county property, including real property, personal property and tax title property. Leases for terms longer than three years are covered by this section, and leases for terms of three years or less are covered in CCC 3.50.090.
B. Before entering into a lease for a term longer than three years, the Board shall hold a public hearing. Notice shall be given and the hearing shall be conducted in accordance with the requirements of CCC 3.50.030. After the hearing is closed, the Board shall determine whether it is in the best interest of the county to lease the property for the proposed term.
C. If the Board authorizes such a lease, it shall direct that the property shall be offered for lease by one of the following methods:
1. Sealed Bids. Property may be leased by sealed bids to the highest responsible bidder. The Board shall issue a call for bids. The Board may set a minimum rent. Notice of the call for bids shall be provided by publication, posting and/or such other means as the Board deems appropriate. The Board shall determine the highest responsible bidder. The Board may reject all bids.
2. Broker. The Board may list property for lease with a broker who deals in that kind of property, and who has all licenses required by law. The Board may set a minimum rent. The broker shall submit to the Board all written offers to lease all or any portion of the listed property. The Board may reject all offers, or accept the highest responsible offer. Final action leasing the property shall be taken at a public meeting.
3. Request for Proposals. The Board may issue a request for proposals, inviting interested persons to submit proposals to lease the property. The request for proposals shall describe any required elements that proposals must contain, shall state the deadline for receiving proposals, and may set a minimum rent. Notice of the request for proposals shall be provided by publication, posting and/or such other means as the Board deems appropriate. The Board may reject all proposals, or accept the proposal that it determines is in the best interest of the county, even if that proposal does not provide the highest monetary return to the county. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 8, 9-21-92.]
3.50.090 Leases for terms of three years or less.
The Board may lease county property for terms of three years or less as it determines is in the best interest of the county. No public hearing is required. The Board may enter into such leases using the sealed bids, broker or request for proposals methods described in CCC 3.50.070. However, instead of using any of those methods, the Board may use any other method it determines will result in a lease at fair market rental. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 9, 9-21-92.]
3.50.100 Exchanging real property.
The Board may exchange county-owned real property for privately owned real property when the Board determines that: (a) the county-owned real property is not necessary for the county’s foreseeable needs, (b) the county has a foreseeable need for the privately owned real property, and (c) the fair market value of the privately owned real property is at least substantially equal to the value of the county-owned real property. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 10, 9-21-92.]
3.50.110 Intergovernmental transactions.
The Board may sell or lease property to, or exchange property with, any other unit of government, whether at the federal, state or local level. The Board may accomplish such intergovernmental transactions upon whatever terms it deems appropriate, and through whatever methods it deems appropriate, including but not limited to private negotiation. This section applies to personal property, real property and tax title property. No other provisions of this policy apply to such intergovernmental transactions. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 11, 9-21-92.]
3.50.120 Property purchased with Referendum 37 grant funds.
If the county owns real property purchased with Referendum 37 grant funds, and if the county has leased such property to a private nonprofit organization, the Board may, before the expiration of the lease, agree to transfer the property to the tenant at the conclusion of the lease, so long as the tenant performs its responsibilities under the lease to the Board’s satisfaction. No other provisions of this policy apply to such transfers, except that the Board shall comply with RCW 39.33.020 if it is applicable. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 12, 9-21-92.]
3.50.130 Compliance with RCW 39.33.020.
The Board shall comply with RCW 39.33.020 in any transaction to which it applies. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 13, 9-21-92.]
3.50.140 Supplemental procedures and requirements.
The Board may establish supplemental procedures and requirements to govern any proposed sales or leases of county property. Such supplemental procedures and requirements shall not be inconsistent with this policy. [Ord. 93-102, § 19, 7-6-93; Res. 92-148, § 14, 9-21-92.]