HomeMy WebLinkAbout84-04 - Ord. Changing County Code 3.40 Property Management and Disposal Ordinance No . 8 4 - 0 4
Whereas, having numerous county owned properties on the tax rolls costs the County money but in
many circumstances serves no meaningful public purpose, and
Whereas , there is a substantial need for more active management of county owned property, and
Whereas , RCW 36 . 34 . 005 allows Counties to adopt alternative procedures for the comprehensive
management of County property, and
Whereas , the County held a duly advertised public hearing on the adoption of this ordinance on
September 21 , 2004, and
Whereas , the current procedures do not provide for much administrative flexibility in the sale
management and sale of personal and real property owned by the County,
Whereas , County employees carefully reviewed the property management ordinances of Lewis
County, Clark County, and in a limited way, King County, and provisions of those ordinances are
incorporated into this ordinance, NOW THEREFORE,
BE IT RESOLVED by the Board of County Commissioners for Mason County that the County
adopts changes to chapter 3 . 40 of the Mason County Code (property management and disposal) as
depicted on exhibit A to this ordinance .
Adopted and passed this 21sday of September , 2004 .
LL� -, � ti - err►
Herb Baze, Commissioner Wesley Johnson, Chair JaTi Kamin, dommissioner
Clerk of the Board : Approved as to form :
Rebecca Rogers Mason County Prosecuting Attorney
Exhibit A
Resolution No . 84 - 04
Chapter 3 .40 Article V. Real Property Sales
MANAGEMENT AND
DISPOSITION 3 . 40 . 260 Real property management .
OF PROPERTY 3 . 40 . 270 Real estate property — purchase
and authority.
3 . 40 . 005 Purpose . 3 . 40 . 280 Real property disposition —
Authorized when.
Article I. Definitions 3 . 40 . 290 Surplus property disposition —
3 .40 . 010 Batch. Board approval considerations .
3 . 40 . 020 Board of County 3 . 40 . 300 Notice of real property sale and
Commissioners (Board) . sale of real property.
3 . 40 . 030 ER and R manager. 3 . 40 . 310 Sale — highest responsible
3 . 40 . 040 Emergency. bidder.
3 . 40 . 050 Estimated market value. 3 . 40 . 320 Exempted transactions
3 .40 . 060 Expendable property. designated.
3 . 40 . 070 Worthless property. 3 . 40 . 330 Title transfer.
3 . 40 . 340 Disposition of proceeds of sale .
Article II. ER and R manager
3 . 40 . 080 Established - Designated. Article VI. Property Leases
3 . 40 . 090 Duties . 3 . 40 . 350 Lease of surplus real property-
3 . 40 . 100 Assistants . Authority to lease - Manner of awarding
lease .
Article III. Surplus Personal Property 3 . 40 . 360 Lease of county real property
of Less appraisal - Private negotiation.
Than $ 5 , 000 in Value 3 . 40 . 370 Lease of county real property -
3 . 40 . 110 Disposition options . Competitive bidding considered -
3 . 40 . 120 Surplus notification. Reservation of right to reject all bids .
3 .40 . 130 Worthless property - Disposal . 3 . 40 . 380 Application to lease —
3 . 40 . 140 Administrative process . Procedures to be followed by
3 . 40 . 150 Sale - Notice . prospective lessees .
3 .40 . 160 Payment methods . 3 .40 . 390 Lease provisions - Limitations
as to term, improvement or alternative
Article IV. Surplus Personal Property rent assignment.
of $5,000 or Greater in Value 3 . 40 . 400 Rental readjustment .
3 . 40 . 170 Property management. requirement -Long-term leases .
3 .40 . 180 Surplus notification.
3 . 40 . 190 Aggregating surplus property. 3 .40. 005 Purpose.
3 . 40 . 200 Sales procedures . Except to the extent otherwise provided
3 .40 . 210 Award to highest bidder - for herein, this chapter supersedes the
Exceptions . provisions of RCW Chapter 36 . 34 ;
3 . 40 . 220 Bid rejection . PROVIDED , that the county shall retain
3 . 40 . 230 No minimum bids — Negotiated all powers now or hereinafter granted by
sales . RCW Chapter 36 . 34 .
3 .40 . 240 Payment methods . This chapter shall be construed in
3 . 40 . 250 Purchaser information. accordance with, and all county property
management activities shall be guided
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by, the following declaration of policy knowledgeable as to all uses to which
and purpose : the personal property can be put.
( 1 ) To provide efficient management and
protection for all county controlled 3 .40. 060 Expendable property.
properties ; "Expendable property" means that
(2) To insure the maximum return of all personal property which, when
sales, rentals or leases of county committed to the purpose intended, has
controlled properties , except as its usefulness consumed and thereafter
otherwise provided for herein; and has no further value .
(3 ) To dispose of all property which is
not required for county purposes . 3 .40. 070 Worthless property.
"Worthless property" means personal
Article I. Definitions property which, when processed in the
3 .40. 010 Batch . manner most advantageous to the
"Batch" means a number of personal county, cannot be sold for an amount
properties of a like kind, serving a sufficient to recoup the cost of sale or
similar purpose. disposal.
3 .40. 020 Board of county Article II. ER and R manager
commissioners (board).
"Board of county commissioners 3 .40. 080 Established - Designated.
(board)" means the governing authority The board hereby establishes and
of Mason County, for purposes of designates the ER and R manager with
Chapter 36 . 32 RCW the duty to supervise all responsibilities
of county surplus personal property with
3 .40 .030 . ER and R manager. a value less than $ 5 , 000 entrusted to the
The ER and R manager shall be E R and R department pursuant to this
responsible for administering the chapter.
provisions of this chapter as relating to
management of surplus personal 3 .40. 090 Duties .
property with a value of less than The E R and R manager has the duty
$ 5 ,000a once every three months to determine
whether the personal property entrusted
3 .40. 040 Emergency. to the ER and R department is actually
"Emergency" means an occurrence surplus personal property. To declare
whereby county personal property would personal property as surplus , the ER and
suffer material injury, loss or damage by R manager shall find that no other
delay of action. county department has a need for the
property; conversely, and upon finding
3 .40 . 050 Estimated market value. such a need, the ER and R manager shall
"Estimated market value" means the transfer control of the property to that
probable sale value of personal property department at such value as is required
as between a willing seller, who desires by law .
but is not required to sell and a willing ( 1 ) Upon finding that the personal
purchaser, who desires but is not property is surplus, the ER and R
required to buy, assuming both are
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manager shall determine if the property department has expended or worthless
has sale value and should be sold. personal property, it need not initially
(2) Upon making a finding that the contact the ER and R manager. Instead,
personal property is surplus , has sale the county department shall dispose of
value or should be sold or upon a finding the expended or worthless personal
of need, the ER and R manager shall property as authorized in MCC 3 . 40 . 130 .
submit such findings to the board for
approval of the findings . 3 .40. 130 Worthless property -
Disposal.
3 .40. 100 Assistants . Where personal property is determined
The ER and R manager shall have the to be expended or worthless by the ER
authority to engage such employees, and and R manager or a department in which
obtain such services of public and the property is located, the property shall
private persons or entities, not in conflict be disposed of in the most cost efficient
with state and county laws and manner as determined by the ER and R
ordinances , respectively, as are required manager or department in which the
to perform the duties of management. property is located .
( 1 ) The ER and R manager or
Article III. Surplus Personal Property department responsible for the disposal
of Less Than $5,000 in Value shall record the description of the item
and the manner in which the expended
3 .40. 110 Disposition options . or worthless property was disposed of.
Upon board approval of findings that an The records of disposed expended or
item of personal property with an worthless personal property shall be
estimated value of less than $ 5 , 000 is provided to and maintained by each
surplus, the ER and R manager shall department
evaluate and select one of the following (2) No county official or employee, nor
dispositions as most advantageous to the anyone of their immediate family, as that
county: term is legally understood, may receive
( 1 ) Trade-in for property that meets the disposed of personal property that
current or future needs of the county; was determined to be expended or
(2) Lease to a nongovernmental entity; worthless .
(3 ) Sale or lease to another governmental
entity; or 3 .40. 140 Administrative process .
(4) Sale to the public . The ER and R manager shall be
responsible for the administrative
3 .40. 120 Surplus notification. process of inventorying and disposing of
Each county department shall promptly surplus personal property. Each
advise the ER and R manager when it individual department shall be
considers any personal property of less responsible for identifying property of
than $ 5 , 000 in value to be surplus to its that department
needs . Upon having been determined
surplus by the ER and R manager, such 3 .40. 150 Sale - Notice.
property shall then become the If the ER and R manager determines that
responsibility of such ER and R sale to the public by public auction,
manager. However, if a county private means or any other manner is the
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disposition most advantageous to the (3 ) The proceeds from the sale of
county, the notice requirements apply as personal property with a value of less
stated in subsections ( 1 ) and/or (2) of than $ 5 , 000 shall be deposited into the
this section. current expense fund, unless the property
( 1 ) The ER and R manager shall publish sold was funded by another fund in
notice of the sale at least one time in the which case the sale proceeds will remain
official newspaper of the county, and not with the proprietary fund from which the
less than five calendar days prior to the original price was paid .
sale . (4) The sale proceeds and appropriate
(a) The advertisement may describe the documentation shall be provided to the
items to be sold generally rather than Mason County Treasurer's office within
particularly and, where applicable, by lot five business days following the sale .
rather than by item. The Board shall be advised of the results
(b) The advertisement shall advise of the sale by the ER and R manager.
interested purchasers where the items to
be sold will be available for public Article IV. Surplus Personal Property
inspection. of $5,000 or Greater in Value
(2) Where the cost of administration,
advertisement, storage and transportation 3 .40. 170 Property management.
of the property would significantly All county surplus personal property
reduce its net value, the manager may so with an estimated value of $ 5 , 000 or
find and thereby waive the requirement greater shall be managed by the board
for advertising. For purposes of public and by the elected and appointive
notice, the manager shall post a notice of officers therein, and held, used, leased,
the items for sale in a conspicuous place licensed and sold pursuant to this chapter
within the county courthouse where such and the laws of the state of Washington.
public notices and information are
posted, not less than three days prior to 3 .40 . 180 Surplus notification.
the sale of such items and identifying the Each county department and official
time and place for the sale . shall promptly advise the board when
any personal property with an estimated
3 .40. 160 Payment methods . value of $ 5 ,000 or greater is surplus to
Sales of surplus personal property with a its needs, and the board shall thereafter
value of less than $ 5 ,000 must be paid in determine if the property is surplus .
cash, certified check or cashier's check ( 1 ) To declare personal property as
prior to county release of sold properties . surplus the board shall find that no other
A private auctioneer may accept county department has a need for the
payment in terms that are acceptable to property, conversely, and upon finding
the auctioneer. such a need, the board shall transfer
( 1 ) Failure to comply with the terms of control of the property to that
sale by a purchaser will result in department at such value as is required
forfeiture of any and all monies paid . by law.
(2) In no case shall property title be (2) Upon board findings that the
transferred by the county until the personal property is surplus , the board
purchase price for such property has shall evaluate each and select one of the
been fully paid to the county.
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following dispositions as most estimated fair market value of $ 5 ,000 or
advantageous to the county: more .
(a) Trade-in for property that meets (2) The board may sell such property at
current or future needs of the county; public sale, following publication of
(b) Lease to a nongovernmental entity; notice of sale in the official newspaper
(c) Sale or lease to another of the county at least once a week for
governmental entity; or two consecutive weeks . The last notice
(d) Sale to the public by public auction must appear not less than five calendar
or contract for the sale of such items at days prior to the sale date .
public auction. (3 ) Where the board has found an
(3 ) Upon a determination that personal emergency to exist, such reasonable
property with a value of $ 5 , 000 or notice as is commensurate with the fact
greater is surplus , the board shall of the emergency shall be given for the
appraise the property and establish an purpose of providing the public with
estimate of the market value by knowledge of the sale and to establish
appropriate means and exercise its best value. Such notice may include
judgment to make a good faith notification of appropriate segments of
determination as to the value or lack of the press and telephonic communication
value of the property. with a potential purchaser.
(4) No notice shall be required for sale to
3 .40. 190 Aggregating surplus a governmental agency.
property.
Except ( 1 ) where the cost of 3 .40.210 Award to highest bidder -
administering, storing and transporting Exceptions .
the property to a central public sale All sales of county surplus personal
exceeds the fair market value of the property shall be made to the highest
property, or (2) when an emergency is responsible bidder at public sale, with
declared by the board, the board shall the following exceptions :
consolidate and aggregate all personal ( 1 ) The board may dispose of or lease
property for disposal as described in county surplus personal property with a
MCC 3 . 40 . 220, on the quarter-year or as value or $ 5 ,000 or more to another
often as is practicable . The aggregate governmental agency and may acquire
value of the property to be disposed of property for the county from another
shall determine the method of governmental agency by negotiation,
disposition under this chapter as being upon such terms as may be agreed upon
the most advantageous to the county. and for such consideration as may be
deemed by the board as adequate
3 .40.200 Sales procedures. compensation in compliance with RCW
If the board determines that a sale of the 43 . 09 . 210o
county surplus personal property with a (2) The board finds an emergency to
value of $ 5 , 000 or greater is most exist, as defined within this chapter.
advantageous to the county, the board (3 ) The board may trade in personal
shall then follow the procedures and property belonging to the county when
provisions set forth below. purchasing replacement property, when
( 1 ) The board shall solely advertise the such purchase is made on award
sale of personal property for sale with an
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following advertised call for sealed bids minimum value on the property, the
or pursuant to other lawful regulation . county may withdraw the property from
(a) On any call for sealed bids wherein sale and thereafter negotiate the sale of
in the county has elected to trade in the withdrawn property, provided :
property, a notice shall be included in ( 1 ) The negotiated price is higher than
the call for bids that the county has for the highest rejected bid;
sale or trade in property of a specified (2) That the public has two weeks' notice
type, description and quantity which will by at least one advertisement in the
be sold or traded in on the same day and official newspaper of the county; and
hour that the bids will be opened on the (3 ) That the public has an opportunity to
property to be purchased. compete for purchase by offer of more
(b) Any person may bid for the purchase favorable price on the terms negotiated.
of such trade-in property and any
supplier may include within its offer to 3 .40. 240 Payment methods.
supply an offer to accept the designated Sales of personal property must be paid
county trade-in property by setting forth in cash, certified check or cashier's
in the bid the amount of such allowance . check prior to county release of sold
(c) In determining the lowest and best properties .
bid, the county shall consider the net ( 1 ) Failure to comply with the terms of
cost to the county after trade-in sale by a purchaser will result in
allowances have been deducted. forfeiture of any and all monies paid .
(d) The county may accept the bid of any (2) In no case shall property title be
bidder without trade in of the county transferred by the county until the
property, but may not require any such purchase price for such property has
bidder to purchase the county property been fully paid to the county.
without awarding the bidder the (3 ) The county treasurer is authorized to
purchase contract. establish such funds and accounts as
(e) Anyone may make an offer for the may be necessary to deposit personal
purchase of the used equipment on a bid property sales and proceeds until final
of the new equipment and the county disposition of the property.
shall consider such offers in relation to (4) The county shall deposit personal
the trade-in allowances offered to property sales proceeds with a value of
determine the best sale and purchase $ 5 ,000 or more to the fund from which
combination for the county. the original price was paid.
(5 ) The sale proceeds and appropriate
3 .40. 220 Bid rejection . documentation shall be provided to the
The board may, if it deems such action Mason County treasurer's office no later
to be for the best public interest, reject than 5 business days .
any and all bids , either written or oral,
and withdraw the county property from 3 .40.250 Purchaser information .
sale. The name and mailing address of each
purchaser or recipient, and the
3 .40.230 No minimum bids — particulars of the sale or transfer in
Negotiated sales , accordance with RCW 36 . 32 . 210, shall
Where there is no bid within the be promptly transmitted to the board as a
advertised terms for the advertised record of such sale .
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and recommendations to the County
Article V. Real Property Sales Board of Commissioners .
3 .40.260 Real Property Management.
( 1 ) Property Manager. 3 ,40, 270 Real estate property -
There is hereby established the position Purchase and authority.
of Property Manager who shall be ( 1 ) The County Administrator, the
appointed by and serve at the pleasure of Director of Community Development,
the Board. The Property Manager shall and the Public Works Engineer if
perform those duties delegated to such County Road funds are to be used, is
position under this chapter. The duties authorized to accept on behalf of Mason
and functions of the Property Manager County the following conveyances of
may be assigned and/or delegated to an interest in real property to Mason
existing employee, such as but not County:
limited to , the facilities manager and the (a) Conveyances not involving the direct
budget director. Such duties and expenditure of county funds made to
functions may be jointly held by more satisfy conditions of short plat,
than two or more employees of the conditional use permit, site plan or other
County. To the extent reasonably county land use approval ; PROVIDED,
practicable, the Property Manager shall that acceptance of plat dedications shall
maintain, with the assistance of the be processed in accordance with RCW
controlling departments, a perpetual 58 . 17 . 165 through 58 . 17 . 170 ;
inventory of all property, including tax (b) Conveyances of real property for
title property, owned or leased by the county road projects , road improvement
County, except for road rights-of-way, districts, stormwater control, sanitary
showing at a minimum the method of sewer rights-of-way, park projects ,
acquisition, departmental custodianship, critical/sensitive lands and planned
estimated value, special characteristics, acquisitions/incentive programs
improvements, and present and potential approved by the board;
uses . (2) The Administrator, Director, and
(2) Property Management Committee. Public Works Engineer shall report to
There is hereby established a property the Board at least monthly regarding
management committee, to be composed conveyances accepted pursuant to this
of the Property Manager, one section. Such report shall include a
representative of the Planning general description of each parcel
Department, one representative of the acquired, the land use approval or
Public Works Department and one project with which such acquisition is
representative of the Health Department. associated, and the purchase price, if
A representative of the Treasurer' s any. A copy shall be provided to the
Office and the Assessor' s Office shall Property Manager, so that proper
also be part of the committee if those tracking of County real property may
offices so choose to help . The Property occur.
Manager shall serve as the chair of the
committee, unless he or she delegates . 3 . 40 .280 Real Property Disposition--
The Committee may adopt rules for the Authorized when .
conduct of its business, shall establish ( 1 ) Whenever it is for the best interests
meeting times , and shall provide advice of the county and the people thereof that
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any part or parcel of property, whether a floodplain, a slide hazard property or
real, personal or mixed, belonging to the another area whose public ownership is
county, including tax title land, should in the public interest;
be sold or leased, the county shall sell or (f) Sale by public auction or sale by
lease such property under the limitations realtor.
and restrictions and in the manner (2) If the board concludes that the
provided in the chapter. property is surplus to the foreseeable
(2) In making such sales , the county may needs of the county, the board may
sell any timber, mineral or other authorize the sale or other disposition of
resources on any land owned by the such property as provided for in this
county separate and apart from the land chapter.
in the same manner and upon the same
terms and conditions as provided in this 3 .40.300 Notice of Real Property Sale
chapter for the sale of real property. and sale of Real Property.
However, any such timber, mineral or ( 1 ) The Treasurer ' s Office may conduct
other resources may be sold as personal a public auction and/or sale . If the
property, in the manner provided by this Property Manager elects , the Property
chapter. Manager may conduct a public auction
and/or sale . Both the Treasurer' s Office
3 .40.290 Surplus property disposition- and the Property Manager are authorized
-Board approval considerationse to hire an auctioneer to conduct a public
( 1 ) Whenever, in the opinion of the auction and/or sale .
property manager, any county real (2) Whomever handles the auction
property is surplus to the needs of the and/or sale shall handle the notice of
county, the property manager shall so sale . Notice of the sale of surplus
advise the board, making appropriate county real property, which describes the
recommendation for the possible use, property, its legal description, street
sale, lease or other disposition of such address if any, the terms of sale, and the
property. The property manager shall time, place and manner of sale, shall be
consult the property management published once each week for two
committee and the office or department successive weeks in a newspaper of the
last using such property before so county, the last date of publication being
advising the board. Possible uses to be at least five (5 ) days before the date of
considered by the property manager sale.
shall include :
3 .40. 310 Sale--Highest responsible
(a) Potential uses by other county offices bidder.
and departments ; ( 1 ) All sales of county property shall be
(b) Exchange or trade-in for publicly or made to the highest responsible bidder at
privately owned property needed by the public sale, except where different
county; provisions are made in this chapter.
(c) Sale or lease to other governmental (2) On sales for cash, the highest bidder
agencies ; shall be deemed responsible. In
(d) Lease to nongovernmental parties ; determining the highest responsible
(e) Retention by the county if a parcel is bidder for other sales and for leases , the
within an environmentally sensitive area, property manager may consider the price
s
and terms bid, and financial purchasing other property. If the county
responsibility of the bidder, and previous elects to trade in property, it shall
experience, if any, of the county with the include in its call for bids on the
bidder. property to be purchased a notice that
the county has for sale or trade-in
3 .40.320 Exempted transactions property of a specified type, description
designated. and quantity which will be sold or traded
The following transactions are exempted in on the same day and hour that the bids
from the provisions of Sections MCC on the property to be purchased are
304001505 MCC 3 . 40 . 270 through opened. Any bidder may include in its
3 . 40 . 310. and MCC 3 040 . 3 60 through offer to sell, an offer to accept the
3 . 40 . 380 : designated county property in trade by
(2) Intergovernmental Transactions . The setting forth in the bid the amount of
board may sell or lease county property such allowance .
to another governmental agency by (b) In determining the lowest and best
negotiation, upon such terms as may be bid, the county shall consider the net
agreed upon and for such consideration cost to the county after trade-in
as may be deemed adequate by the allowances have been deducted. The
board. county may accept the bid of any bidder
(3 ) Private Exchange. The board may without trade-in of the county property,
authorize the exchange of surplus county but may not require any such bidder to
real property for privately owned real purchase the county property without
property, subject to the provisions of this awarding the bidder the purchase
subsection; PROVIDED , that the contract. The county shall consider
exchange of tax title lands shall be offers in relation to the trade-in
governed by RCW 36 . 35 . 050 . The value allowances offered to determine the next
of the real property to be exchanged by best sale and purchase combination for
the county and the value of the real the county.
property to be received by the county (5 ) Emergency. In the event of an
shall be determined by qualified emergency, when the interest or property
independent appraiser(s) , except that on. of the county would suffer material
staff appraisers may be utilized where injury or damage by disposition in
the property value does not exceed one accordance with the foregoing
hundred thousand dollars ($ 100,000) . provisions, the board, upon declaring the
Unless the value of the real property to existence of such an emergency, may
be exchanged is more than five (5 ) times authorize the property manager to sell or
the value of the real property to be lease such property upon such terms and
received, the board may approve the procedures as to the board may appear to
exchange and specify whether the be in the public interest.
difference in value, if any, shall be paid (6) Unmarketable Parcels . A parcel of
in cash at closing or be paid pursuant to surplus real property, which in and of
an appropriate real estate contract or itself would have little utilitarian value
deed of trust . because of its size or shape, may be
(4) Trade-ins . offered and sold to owners of adjoining
(a) The county may trade in property properties by private negotiation with
belonging to the county when the Property Manager.
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(7) Limited-Use Parcels--Covenant ( 11 ) Established Rental Value . Where
Restrictions . Where restrictive the fair market rental value of county
covenants, dedication limitations, grant real property has been established by the
conditions or other legally enforceable property manager in the case of rentals
restraints , including such restraints of less than one thousand five hundred
placed upon property by the county, dollars ($ 1 , 500) per month, or by a
limit use of surplus property to a specific member of the American Institute of
public purpose, such property may be Real Estate Appraisers , or a professional
conveyed by negotiation upon such appraiser having similar ethical and
terms and conditions as are consistent professional qualifications, in the case of
with such restraint and based upon an rentals of one thousand five hundred
opinion of value from a member of the dollars ($ 1 , 500) or more per month, in
Institute of Real Estate Appraisers or a accordance with accepted appraisal
professional appraiser having similar methods and standards , such property
ethical and professional standards . may be leased by private negotiation at
( 8) Limited-Use Parcels--Restrictive no less than the value so established.
Characteristics . Property determined to ( 13 ) Real Estate Broker Services .
be surplus to the immediate needs of the Notwithstanding any other provisions set
county, but which because of its forth in this chapter, if in the judgment
location, configuration or other of the board of county commissioners
characteristic is especially and uniquely the sale of real property of the county
suitable for a particular quasi-public use would be facilitated and a greater value
requiring special legal, financial or realized through the use of the services
technical qualifications, all as of licensed real estate brokers or by such
determined by the board, may be sold or other method as is determined to most
leased through a public request for likely result in the receipt of full value
proposal process . for such property, a contract for such
(9) Public Purpose Leases . The board services maybe negotiated and
may enter into rental agreements for the concluded; PROVIDED , that a
use of county property with bona fide minimum sales price for such property
nonprofit organizations wherein the shall be set by a member of the
organization is to make improvements or American Institute of Real Estate
provide services to further a recognized Appraisers or professional appraiser
county purpose. The agreement may be having similar ethics and professional
for less than fair market rental so long as qualifications .
the general public is not unreasonably ( 14) Public Purpose Sales . The board
restricted from access to the may convey title to county real property
improvements or services so provided. to a bona fide nonprofit corporation to
( 10) Short-Term Rentals . The property be improved and utilized in perpetuity to
manager or the custodial officer or further a recognized county purpose;
department may permit use of county PROVIDED , the conveyance
facilities by a third party for up to document(s) shall contain appropriate
seventy-two (72) hours upon such terms contract provisions and/or deed or deed
as may be mutually agreed upon; of trust restrictions and covenants
PROVIDED , that such use furthers a relating to timing of improvements,
county purpose. disposition of revenue, accessibility by
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the general public , nondiscrimination, (2) The board, after finding it to be in the
compliance with laws, removal of liens , best interest of the county that real
and reversion of title . property should be leased, shall
( 15 ) Mineral Rights . The sale or lease of authorize the leasing of real property.
mineral rights for extraction of aggregate Property proposed for lease should be
on county property as a portion of a reviewed by public works , risk
larger project to prepare such property management, planning and parks .
for future public use may be by request
for proposals . 3 .40.360 Lease of county real property
( 16) Acquisition, disposition and appraisal - Private negotiation,
exchanges associated county road ( 1 ) Where the lease value of an
projects which were previously individual parcel or parcels within a
authorized by the Board. classification have been established by
( 17) The disposal of useless and no- appraisal by a member of the American
known-value easements . Institute of Real Estate Appraisers or a
( 18) Vacations of roads pursuant to member of an association having
chapter 36 . 87 RCW. equivalent ethical and professional
standards, in accordance with the
3 .40.330 Title transfer. profession then property may be leased
In no case shall title be transferred until by private negotiation at the values so
the purchase priced has been paid. established and subject to the further
terms required by this chapter; provided,
3 .40.340 Disposition of proceeds of that where the lease value is less than
sale. $ 10, 000 then a current assessor ' s
The Mason County Treasurer is appraisal or other evidence of value may
authorized to establish such funds and be utilized as a basis for privately
accounts as may be necessary to deposit negotiated terms .
sales proceeds until final disposition. (2) Where general law contains less
After reimbursement of appropriate stringent requirements for leasing than
funds, funds from the sale of real by bidding such provision may be
property shall be deposited into the followed with respect to property to
appropriate fund. which such law applies . Where private
negotiation is not authorized by this
Article Vl. Property Leases section, then the lease, modification,
3 .40.350 Lease of surplus real extension or renewal shall be awarded
property - Authority to lease - manner by the board following competitive
of awarding lease. bidding or auction.
( 1 ) Mason County may lease any county
real property and tax title property and 3 .40.370 Lease of county real property
the appurtenances thereto for a year or - Competitive bidding considered -
term of years under the limitations and Reservation of right to reject all bids.
restrictions and in the manner provided When a lease of county real property is
herein. Fair market rental value shall be to be awarded through competitive
the basis for all such leases, with the bidding, the lease shall be awarded to the
same to be awarded upon the best highest responsible bidder; provided,
available terms and conditions . that wherein there is reason to believe
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that the highest acceptable bid is not the 3 .40 .390 Lease provisions -
best rental obtainable, all bids may be Limitations as to term, improvements
rejected and the county may call for new or alternative rent assignment.
bids or enter into direct negotiations to ( 1 ) Mason County may lease real
achieve the best possible rental . Each bid property for a term of years and upon
with the name of the bidder shall be such terms and conditions as may be
recorded by the Property Manager, and deemed in the best interests of the public
each record with the name and address and the county; provided, that no lease
of the successful bidder and the amount shall not be for longer than 20 years ;
of the successful bid, shall, after provided further that when the board
awarding of the lease, be open to public determines it to be in the best public
inspection at the property management interest, real property necessary to the
section. In determining highest support or expansion of an adjacent
responsible bidder, in addition to rental, facility may be leased to the lessee of the
the following elements shall be given adjacent facility, but not to exceed 35
consideration : years, or to the owner of an adjacent
( 1 ) The character, integrity, and facility for a term not to exceed 35 years ;
reputation of the bidder; provided, further, that when the board
(2) The previous and existing determines it to be in the best public
compliance by the bidder with the terms interest, where the property to be leased
of other leases of Mason County real is improved or is to be improved, and the
property and the laws relating thereto ; value of the improvement is or will be at
(3) Such other information as may be least equal to the value of the property to
relevant to the decision to award the be leased, and will thereafter be county
lease. property, the county may lease such
property for a term not to exceed 35
3 .40.380 Application to lease - years ; provided, further, that where the
Procedures to be followed by property to be leased is to be used for
prospective lessees , major airport, industrial or commercial
All applications to lease Mason County purposes, requiring extensive
real property or proposed leases shall be improvements , the county may lease
submitted to the board of county such property for a term equal to the
commissioners in the manner prescribed estimated useful life of the
by the section. The county may require improvements, but not to exceed 50
that a bid bond, in the form of a cashier's years ,
or certified check, accompany each (2) The lessee shall not improve or alter
application or bid. In case the lands the leased property in any manner
applied for are leased to another, the without the prior written consent of the
deposit shall be returned to the applicant, county but shall, before making any
but if the party making application fails improvements or alterations , submit
or refuses to comply with the terms of plans and designs therefor to the county
this application and to execute the lease, for approval. Unless otherwise
the deposit shall be forfeited to the stipulated, all improvements or
county, and be deposited in to the alterations erected or made on the leased
appropriate fund. property shall, on expiration or sooner
termination of the lease, belong to the
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county without compensation to lessee ; county may apply to the presiding judge
provided, however, that the county shall of the Superior Court in Mason County
have the option, to be exercised on for the appointment of a third arbitrator.
expiration or sooner termination of the Each arbitrator will be a member of the
lease, to require the lessee to remove any American Institute of Real Estate
or all such improvements or alterations . Appraisers , or of the association having
If the lessee fails substantially to make equivalent ethical and professional
the improvements or alterations required standards .
by the lease, the lease may be terminated (2) If a licensing requirement for real
and all rentals paid shall be forfeited to estate appraisers is imposed by any
the county. legislation, each arbitrator will also be so
(3 ) The rent of all leases of county real licensed . The three arbitrators will
property shall be based upon fair market determine a fair rent for the premises
rental value and no lease shall be based upon the fair market rental value
assigned or subleased without approval of the property, as previously defined.
by the county in writing. The decision of a majority of the
arbitrators will bind both lessee and
3 .40.400 Rental readjustment county. At the conclusion of the
requirement-Long-term leases. arbitration, the arbitrators will submit
( 1 ) Any lease of county owned property written reports to the lessee and county.
for a term of longer than five years shall The cost of the arbitration will be
contain a provision requiring the lessee divided equally between lessee and the
to permit the rental to be adjusted and county.
fixed by Mason County every five years ;
provided, that any lease may provide for
more frequent readjustments . When the
lease permits the county to adjust the
rent, Mason County will give 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 Mason County
gives written notice of rejection of the
adjusted rent. If lessee and the county
cannot agree upon the rental adjustment,
the rent for the period will be adjusted
by arbitration. Lessee and the county
will select one disinterested arbitrator
each, and the two selected arbitrators
will select a third. If the two arbitrators
have not selected a third arbitrator within
30 days after the selection of the last
selected of the two , either lessee or
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