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HomeMy WebLinkAboutResolutions - 1997.11.06 - 25169Miscellaneous Resolution #97244 BY: Thomas A. Law, County Commissioner-District #13 Shelley G. Taub, County Commissioner-District #12 1)4v1DL. H orri ry- co. Comm. st--; g RE: BOARD OF COMMISSIONERS - PROCEDURE FOR SALE, LEASE AND PURCHASE OF PROPERTY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Board of Commissioners' Rule XI. C. (7). 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 a written procedure which would likewise protect the public interest in the County's purchase and lease of property, and WHEREAS, these procedures were adopted by Miscellaneous Resolution #91090, and amended by Miscellaneous Resolution #95213, and WHEREAS, to further protect the economic interests of the citizens, this procedure should include the use of a professional agent for an undisclosed principal so that the County of Oakland is not disclosed as the interested purchaser. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts the attached Procedure for Sale, Lease and Purchase of Property. BE IT FURTHER RESOLVED that all provisions of Resolutions #91090 and #95213, not in conflict herewith, shall remain in full force and effect. Mr. Chairperson, we move the adoption ofthe foregoing resolution. Thdinas A. LA-i-4 PROCEDURE FOR SALE, LEASE 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 wa S : (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 (la) 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-2) or (b-3)above have been fulfilled and no sale made 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. 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, Procedure for Sale and Purchase of Property Page 3 M.R. 91090 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 specifications. 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 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. LEASE & PURCHASE OF PROPERTY 4. All leasing and purchasing of property shall be under the jurisdiction of the Planning & Building Committee and shall be as follows: (a) No formal negotiations, for the acquisition of any interest in real property, including lease and options to purchase, shall be undertaken until such time as the Planning & Building Committee has authorized such negotiations: (b) For property acquisition 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 acquisition 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. Procedure for Sale and Purchase of Property Page 4 M.R. 91090 (d) All negtiiions for pllrchase or lease of Droperty in an amount iane throqgh the aeais of a nrnfPcinna7 Aapnt for an undisclosed principal. (e) No Offer to acquire may be made prior to the receipt of the necessary appraisals, and no Offers to acquire shall be made in an amount more than the highest appraised price, except by a 3/5 vote of the Board of Commissioners elected and serving. (f) Purchases for Public Utility Easements shall follow procedures in (b.) and (c.). (g) A written environmental assessment, pertaining to toxic waste, by qualified professionals of real property proposed for acquisition in fee or proposed for permanent improvement, excepting rights of way and sewer, water, drainage, or utility easements, shall be obtained prior to making an offer to purchase, provided, however, that this requirement may be waived by a majority vote of the Planning & Building Committee. Resolution #91090 June 13 1991 Amended per MR #95213 a_e_c 0_111,=i d-CLUL Ei.C7 Procedure for Sale and Purchase of Property Page 5 M.R. 91090 • Resolution #97244 November 6, 1997 The Chairperson referred the resolution to the Planning and Building Committee and the Finance and Personnel Committee. There were no objections.