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NOH: Ordinance 1305 Amend Lewis County Code 3.30.400(1) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON NOTICE OF PUBLIC HEARING AND DECLARATION OF THE ) RESOLUTION NO.19- 113 BOARD OF COUNTY COMISSIONERS TO AMEND LEWIS COUNTY CODE 3.30.400(1)AND DIRECTING THE SETTING OF A ) PUBLIC HEARING WHEREAS, Lewis County Code 3.30.400(1)sets forth the means for sale of county real property, and WHEREAS, Lewis County may establish comprehensive procedures for the management of county property consistent with the public interest pursuant to public notice and hearing under RCW 36.34.005, and WHEREAS,the Lewis County Code does not appear to have adequate disposition for portions of parcels not exceeding one half acre,which,consistent with public interest,would be best sold to adjacent property owners expressing interest NOW THEREFORE BE IT RESOLVED,the Board of County Commissioners declares and establishes its intent to amend Lewis County Code 3.30.400 to allow for an additional method of disposal of surplus real property BE IT FURTHER RESOLVED,the Board will hold a public hearing on the proposed amendment of the Lewis County Code 3.30.400(1)to allow for an additional method of disposal of surplus real property on July 22, 2019 at or after 10:00 am at the Lewis County Courthouse,Commissioners' Hearing Room,351 NW North Street,Chehalis,WA as set forth in the Notice of Public Hearing Exhibit A hereto DONE IN OPEN SESSION this \ day of J ,2019 APPROVED AS TO FORM BOAR!, OF COUNTY COMMIS •NERS Jonathan Meyer, Prosecuting - orney LE • S COUNTY . HIN "• tLl ib". --"e,rtal I By Deputy Prose ting ey Ro•, d; Jac0 , � air ATTEST G.- Stamoer, ceCha • - Rieva Lester,Clerk of the Board Edna J Fund,Commi oner •••••• ••SCOUN •• 41 r t1RD ILq • • � 4,0 0�� • •• k ' r2• • �� SINCE 1";16 •„.I 1845 Rj z; • �� *• ��\ tS5 cO 1 • `YID, • ••• ••• NOTICE OF PUBLIC HEARING BEFORE THE LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS AND INTENT TO ADOPT NOTICE IS HEREBY GIVEN that the LEWIS COUNTY, WASHINGTON, BOARD OF COUNTY COMMISSIONERS will hold a public hearing on July 22, 2019, starting at or after 10 00 AM The public hearing will consider Ordinance 1305, an ordinance revising the Lewis County Code 3 30.400 to allow for an additional method of disposition of real property The public hearing will be at the Lewis County Courthouse, Commissioners' Hearing Room, 351 NW North Street, Chehalis, WA At the hearing, individuals will be invited to speak and/or provide written statements regarding the proposed changes All individuals wishing to speak are encouraged to attend Written comments may be submitted in advance of the hearing to Rieva Lester, 360.740.1419 or rieva lester@lewiscoutywa.gov The meeting site is barrier free. People needing special assistance or accommodations should contact the Community Development Department 72 hours in advance of the meeting. Rieva Lester/Publish in the Chronicle and East County Journal on May 14 and May 15 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY,WASHINGTON AN ORDINANCE AMENDING LEWIS COUNTY CODE 3.30.400(1) ) ORDINANCE NO 1305 PURSUANT TO RCW 36.34.005 ) WHEREAS, Lewis County Code 3.30.400(1)sets forth the means for sale of county real property, and WHEREAS, Lewis County may establish comprehensive procedures for the management of county property consistent with the public interest pursuant to public notice and hearing under RCW 36.34.005,and WHEREAS,the Lewis County Code does not appear to have adequate disposition for portions of parcels not exceeding one half acre,which,consistent with public interest,would be best sold to adjacent property owners expressing interest NOW THEREFORE BE IT ORDAINED,the Board of County Commissioners amend Lewis County Code 3.30.400(1)to allow for an additional method of disposal of surplus real property: 3.30.400 Sale of county property-Public sale. (1)All sales of real county property shall be made to the highest responsible bidder at public sale except when (a) Sold to a governmental agency, (b) The board has determined an emergency to exist; (c) County real property is traded for real property of equal or greater value, or (d) A parcel of no more than one-half acre of real property, which in and of itself would have little value because of its size or its shape, may sold 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 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 sealed bids of owners who have given notice of interest in the purchasing property DONE IN OPEN SESSION this day of ,2019 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON By Deputy Prosecuting Attorney Robert C Jackson,Chair ATTEST Gary Stamper,Vice Chair Rieva Lester,Clerk of the Board Edna J Fund,Commissioner Article V Real Property Sales 3.30.360 County real property management. All county real property shall be managed by the board of county commissioners and by the elected and appointed officers therein,and held,used, leased, licensed and sold pursuant to this chapter and the laws of the state of Washington [Ord 1154A,2005 Ord 1064 Art. II, §1, 1979,Ord 1154, 1996 Formerly 3 30.290] 3.30.370 Authority to dispose of real property Whenever it is determined that m the best interest of Lewis County and the people thereof that any part or parcel of property,whether real,personal,or mixed,belonging to the county and capable of being disposed of pursuant to Chapter 36.34 RCW,should be sold, leased,or otherwise disposed of,the county may sell, lease,or otherwise dispose of and convey such property under the limitations and restrictions and in the mariner hereinafter provided [Ord 1154A,2005,Ord 1157, 1998,Ord 1064 Art. III, §1, 1979,Ord 1154, 1996 Formerly 3 30.300] 3.30.380 Duties to dispose of real property. Except as provided by this chapter all dispositions of property shall be authorized by the board of county commissioners The board shall set a minimum sale price based on the fair market value of the property The employees of the county who are involved in the inventorying and disposing of county real property,as designated by management,and members of their immediate families, as that term is defined in this chapter,shall be prevented from purchasing real property [Ord 1154A,2005,Ord 1157, 1998,Ord. 1064 Art III, §2, 1979,Ord 1154, 1996 Formerly 3.30.310] 3.30.390 Advertisement of sale (1)The board shall advertise the sale of property in a manner most appropriate to effect an advantageous sale Real 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 consecutive weeks,the first notice to appear no less than 10 calendar days prior to the date of sale No notice of sale shall be required for sale to a governmental agency Where the board has determined an emergency exists,such reasonable notice as is commensurate with the fact of the emergency shall be given for the purpose of providing the public with knowledge of the sale and to establish value Such notice may include notification of appropriate segments of the press and telephonic communication with potential purchaser (2)An advertisement of sale shall in the case of real property describe the property by both its legal description and street address, if any,or if none by a vicinity description If real property is offered for sale on other than a cash basis,the terms must be stated in the advertisement [Ord 1154A,2005,Ord 1157, 1998,Ord 1064 Art III, §7, 1979,amended 1980,amended 1989,Ord 1154, 1996 Formerly 3.30.320] 3.30.400 Sale of county property-Public sale. (1)All sales of real county property shall be made to the highest responsible bidder at public sale except when (a)Sold to a governmental agency, (b)The board has determined an emergency to exist, (c)County real property is traded for real property of equal or greater value,or (d)A parcel of no more than one half acre of real property,which in and of itself would have little value because of its size or its shape may be sold at fair market value to an owner of adjoining property lf,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 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 sealed bids of owners who have given notice of interest in the purchasing property (2)The board may,if it deems such action to be for the best public interest,reject any and all bids/offers either written or oral,and withdraw the property from sale (3)Where there is no bid/offer within advertised terms for the advertised minimum value,the county may withdraw the property from sale and thereafter negotiate the sale of the withdrawn property,providing the negotiated price is determmed to be in the best interest of the public by a majority vote of the board,on consideration of the recommendation by public works and that the public has two weeks' notice by advertisement and an opportunity to compete for purchase by offer of more favorable price on the terms negotiated [Ord 1154A,2005, Ord 1157, 1998, Ord 1064 Art III, §7, 1979,amended 1980& 1989,Ord 1154, 1996 Formerly 3 30.330] 3.30.410 Intergovernmental sales. The county may dispose of or lease real property to another governmental agency and may acquire property from another governmental agency by negotiation,upon such terms as may be agreed upon and for such consideration as may be deemed to be adequate in compliance with RCW 43 09.210 [Ord 1154A,2005,Ord 1157, 1998, Ord 1064 Art III, §9, 1979, amended 1980 Ord 1154, 1996 Formerly 3 30.340] 3.30.420 Title. In no case shall the title be transferred until the purchase price has been paid [Ord 1154A,2005,Ord 1157 1998 Ord. 1064 Art. III, §12, 1979 Ord. 1154, 1996 Formerly 3.30.350] 3.30.430 Disposition of proceeds of sale. The Lewis County treasurer is authorized to establish such funds and accounts as may be necessary to deposit sales proceeds until final disposition [Ord 1154A,2005,Ord 1157, 1998,Ord 1064 Art III, §13, 1979,Ord 1154, 1996 Formerly 3 30.360] 3.30.440 Exchange for privately owned real property of equal value The board may exchange county real property for privately owned real property of equal or greater value wherever it is determined by resolution,after publication of notice that the matter will be heard not less than three days after publication,that (1)The county real property proposed to be exchanged is not necessary to the future foreseeable needs of the county (2)The real property to be acquired by such exchange is necessary for the future foreseeable needs of the county (3)The value of the county real property to be exchanged is not more than the value of the real property to be acquired and that such value shall be established by a licensed general appraiser,qualified in the area of the work assigned [Ord 1154A,2005,Ord 1157, 1998, Ord 1064 Art III, §14, 1979,Ord 1154, 1996 Formerly 3.30.370] [BOCCAGENDAITEM SUMMARY Resolution: BOCC Meeting Date Jul 01, 2019 Suggested Wording for Agenda Item: Agenda Type Notice Notice of hearing for Ordinance 1305, which would revise Lewis County Code 3 30 regarding surplus property Contact Amber Caulfield Phone Department. Prosecutor Action Needed. Notice for Public Hearing Description Notice of hearing for Ordinance 1305, which would revise Lewis County Code 3 30 regarding surplus property Approvals: User Group Status Caulfield,Amber Prosecutor Pending 110668 Ordinance 1305 NOTICE OF PUBLIC HEARING BEFORE THE LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS AND INTENT TO ADOPT AFFIDAVIT NOTICE IS HEREBY GIV- EN that the LEWIS OF PUBLICATION COUNTY, WASHINGTON, BOARD OF COUNTY STATE OF WASHINGTON COMMISSIONERS will hold a public hearing on COUNTY OF LEWIS July 22,2019,starting at or after 10:00 AM, The public hearing will Alysa Andrews and/or Mandy Kiemola and/or Kailyn Sawyer consider Ordinance 1305, and/or Cindy Thayer says that she is the legal clerk of an ordinance revising the Lewis County Code TO 3.30.400 to allow for an onILYP additional method of dispo- sition of real property The public hearing will be a semi-weekly newspaper which has been established published at the Lewis County Court- in the English language and circulated continuously as a semi -"use, Commissioners' weekly newspaper in the City of Centralia,and in Lewis County, Hearing Room, 351 NW Washington,general circulation in Lewis County for more than North Street, Chehalis. six(6)months prior to the date of the first publication of the WA.At the hearing,individ- notice hereto attached,and that the said Chronicle was on the 7th uals will be invited to speak and/or provide written day of July 1941 approved as a legal newspaper by the Superior statements regarding the Court of said Lewis County And that the attached is a true copy proposed changes.All indi- and was published in regular issues(and not in supplement form) viduals wishing to speak of said newspaper as LEGAL# 110668 RE:Call for Bids are encouraged to attend. Ordinance 1305 Written comments may be submitted in advance of ,\�,, q ,\ the hearing to: ( once each )1).0\ V for period of 2 V Rieva Lester, 360.740.1419 or commencing on 07/09/2019 and ending on 07/16/2019 r i e v a . I e s t e r @lewiscountywa.gov and both regularly distributed to its subscribers during all of said The meeting site is barrier period That the full amount of the fee charged for the foregoing free. People needing spe- cial 'cati•' is the sum.f 32.24 cial assistance or accom- p r modations should contact 1 the Community Develop- ment.I./.../ ment Department 72 hours Sub .nd Morn to befo • - 07/16/2019 in advance of the meeting. y& .a A.-116k , • >j Published.The Chronicle July 9&16,2019 . Notary Public in and for the State of Washington re g at a An&lii) ?� � t � A A �e � t • .• OtTMN -79,��' ■ •, ■ Y 'P : • t*, ? Zi • k sq • . g • A. No vet IC #1760_,•..• ..•