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HomeMy WebLinkAboutResolutions - 1991.06.13 - 18514REPORT (Misc. 91090) BY: GENERAL GOVERNMENT COMMITTEE- Richard G. Skarritt, Chairperson RE: Miscellaneous Resolution #91090, Board of Commissioners - Procedure for Sale and Purchase of Property TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen : The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendments: PURCHASE OF PROPERTY 4. d. Add at the end of sentence, "elected and serving." e. Delete present wording and add : Purchases for Public Utility Easements shall follow procedures in (b. ) and (c. ). f Change the "of" to "or" in the third line to read, "for purchase in fee or proposed for permanent improvement." Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. June 13, 1991 'GENERAL GOVERNMENT COMMITTEE REPORT (Misc. 91090) June 13, 1991 BY: Planning and Building Committee, Larry P. Crake, Chairperson RE: MR 91090 Board of Commissioners-Procedure for Sale and Purchase of Property TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen : The Planning and Building Committee, having reviewed the above referenced resolution on June 4, 1991, reports as follows : The Planning and Building Committee recommends the resolution be adopted to include the amendments proposed in the General Government Committee Report. The Planning and Building Committee further recommends the following additional amendments to the Procedures PURCHASE OF PROPERTY 4. (a) Add : including options to purchase between property and shall. 4. (c) Delete and reword : For property purchases over $100, 000, the County Executive, with the concurrence of the Planning & Building Committee, shall employ a real estate appraiser who shall be approved by the American institute of Real Property Appraisers or shall be a Senior member of the Society of Residential Appraisers, who shall appraise the property under consideration and submit a written report regarding the appraisal findings; said appraisal shall have oversight and review by staff. Mr. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. - ANNING , AND BUILDING COMMITTEE David' L: Coun er,, District #15 Miscellaneous Resolution # 91090 April 25,, 1991 BY: David L. Moffitt„ County Commissioner-District #15 Thomas A. Law, County Commissioner-District #26 RE: BOARD OF COMMISSIONERS - PROCEDURE FOR SALE AND PURCHASE OF PROPERTY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson„ Ladies and Gentlemen: WHEREAS Oakland County Board of Commissioners' Rule X., E., details the procedures for the sale of County property which safeguards the public's interest by establishing a policy that ensures that land will not be sold at less than appraised value; and WHEREAS there presently is no written procedure which would likewise protect the public interest in the County's purchase of property. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts the attached Procedure for Sale and Purchase of Property. Mr. Chairperson„ we move the adoption of the foregoing resolution, Thomas A. Law County Commisisoner„ District #26 PROCEDURE FOR SALE AND PURCHASE OF PROPERTY SALE OF PROPERTY 1. If there are no statutory restrictions on the sale., it may be conducted as follows: (a) The County Executive„ with the concurrence of the Planning & Building Committee„ shall employ two real estate appraisers, one of whom shall be approved by the American Institute of Real Estate Appraisers or shall be a Senior member of the Society of Residential Appraisers„ and pay the standard fee thereof„ or as an alternative the appraisal staff of the Equalization Division of the Management & Budget Department,, or the Property Management Division may be used by the County Executive if authorized by the Board of Commissioners. No land shall be sold at less than the lowest appraisal price unless such appraisal price shall be waived by the Board of Commissioners. In the case of limited use parcels (parcels acquired for water and sewer easements),, only one appraisal is required. (b) All sales of land shall be made in one of the following ways: (1) Private Sale: The County Executive., with the concurrence of the Planning & Building Committee., may sell at private sale for not less than the lowest current appraisal price placed upon the property in accordance with (a) above. (2) Public Sale: The County Executive, with the concurrence of the Planning & Building Committee., may advertise once each week for two successive weeks (unless otherwise prescribed by statute) and either a public auction held or sealed bids received up to, but not later than, the time fixed for opening of the same,, which shall be in full view of the interested public. The Committee shall fix a minimum acceptable price at which said lands can be sold, which minimum price shall not, unless otherwise authorized by the Board of Commissioners„ be less than the lowest appraisal under (1a) above. (3) In the case of limited use parcels (parcels acquired for water and sewer easements), the County Executive„ with the concurrence of the Planning & Building Committee, shall notify adjacent property owners that the County is proposing to sell said parcel and is offering the property owners first option to purchase. If the adjacent property owners are interested, the County Executive Division of Property Management shall advise them of all information that the County has in regard to said properties (easements being retained, soil conditions„ etc. ) and shall advise adjacent property owners of the deadline to make purchase offers. If no offers to purchase are received from the adjacent property owners„ the County Executive Division of Property Management will then advertise for the public sale of such limited use property in accordance with (b-2) above. If an offer is received from an adjacent property owner„ all bids shall be opened at a public meeting of the Planning & Building Committee. The Planning & Building Committee shall review all sealed bids and make their recommendations for the disposal of the property to the full Oakland County Board of Commissioners. (4) Whenever the requirements of (b-11 (b-2) or (b-3) above have been fulfilled and no sale made within thirty (30) days thereafter,; the Planning & Building Committee may authorize the County Executive to notify the licensed brokers in the area that the lands are for sale at not less than the lowest appraisal or highest bid received, and the County Executive shall be authorized to pay from the proceeds of the sale the customary broker's fee, or less. (c) The Planning & Building Committee shall be vested with the authority to determine the amount and type of advertising to be done., the time and place of sale,, provide for such terms as it deems reasonable„ the manner in which it is to be conducted., and make reasonable rules and regulations pertaining to the same not in conflict with the requirement of the bylaws. (d) In all cases., the Committee may withdraw any land authorized for sale up to the time the County Executive shall have received a commitment thereon and shall, at any public sale, reserve the right to reject any or all bids received. 2. All new construction and all alterations of existing structures beyond what would normally fall in the category of maintenance., shall be under the general jurisdiction of the Planning & Building Committee. Such Committee shall be charged With.; subject to the approval of the Board of Commissioners, establishing locations of buildings, employment of architects, and preparation of plans and specificaitons. 3. The County Executive shall advertise for and receive bids. The County Executive shall tabulate and report the bids to either a joint meeting or separate meeting of the Finance Committee and Planning & Building Committee. When separate meetings are held„ the Planning & Building Committee shall issue a written report to the Finance Committee. The Chairperson of the Finance Committee shall report to the Board of Commissioners on the bids received with the joint recommendation of the County Executive., the Planning & Building Committee, and a. b. the Finance Committee., and the County Executive shall make necessary inspections. No payment shall be made to the contractor or architect until the Planning & Building Committee has recommended such payment to the Board of Commissioners and it has approved said payment, except as to payments authorized by contract. PURCHASE OF PROPERTY 4. All leasing and purchasing of property shall be under the 'urisdiction of the Planning & Building Committee and shall be as follows : No formal negotiations for the purchase of any property shall be undertaken until such time as the Planning & Building Committee has authorized such negotiations. For pro_perty purchases under $100„000„ the Planning & Building Committee may rely on the Appraisal Staff of the County Equalization Division for the establishment of fair market price. c. For property purchases over $100., 000., the County Executive, with the concurrence of the Planning & Building Committee,, shall employ two real estate appraisers, one of whom shall be approved by the American Institute of Real Property Appraisers or shall be a Senior member of the Society of Residential Appraisers., who shall appraise the property under consideration and submit a written report regarding their appraisal findings. d. No Offer to Purchase may be made prior to the receipt of the necessary appraisals, and no Offers to Purchase shall be made in an amount more than the highest appraised price, except by a 3/5 vote of the Board of Commissioners. e. Parcels purchased for water and sewer easements will require only one appraisal. A written environmental assessment • ertainin. to toxic waste by qualified professionals of real property proposed for purchase in fee of proposed for permanent improvement, excepting rights of way, and sewer„ water,, drainage or utility easements, shall be obtained prior to making any offer to purchase., provided, however, that this requirement may be waived by majority vote of the Planning & Building Committee. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 13th , day of—) June 1991 Y Clerk I Lynni0. Allen, Cou Resolution # 91090 June 13, 1991 Moved by Skarritt supported by Law the resolution be adopted. Moved by Skarritt supported by Law the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Schmid the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Pappageorge the resolution be amended to conform with the Reports. A sufficient majority having voted therefor, the amendments carried. Vote on resolution, as amended: AYES: McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell. (25) NAYS:. None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. • STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 13, 1991 with the original record thereof now remaining in my office.