Ord 1305 Amending Lewis County Code 3.30.400(1) pursuant to RCW 36.34.005 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 )
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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 be 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 22nd day of July, 2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON/A:K3 Ca-L
4y Deputy Pros cuting A orney Robert Jackson,C air
sGOUNIy��
ATTEST 11S• G Stam er,Vice Chair
0� SINCE �I�o� kV,2• ‘6:22d-7z
Rieva Lester,Clerk of the Board*\ 1845 I t • Edna J Fund,Corn /inner
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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 in 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 manner 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 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
(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
determined 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]
w. .e
BOCC AGENDA ITEM SUMMARY
Resolution. BOCC Meeting Date: Jul 22, 2019
Suggested Wording for Agenda Item. Agenda Type. Notice
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
Ordinance 1305, which would revise Lewis County Code 3 30 regarding surplus property
Approvals:
User Group ' Status j
Caulfield,Amber 1 Pending