HomeMy WebLinkAboutResolutions - 2001.10.11 - 26586REPORT (MISC. #01231) October 11, 2001
BY: General Government Committee, William Patterson, Chairperson
IN RE: MR #01231 - DEPARTMENT OF FACILITIES MANAGEMENT -
REVISION OF APPENDIX " C" PROCEDURES FOR THE SALE,
PURCHASE AND LEASING OF PROPERTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the
above-titled resolution on October 1, 2001, recommends that
the resolution be adopted
Chairperson, on behalf of the General Government Committee, I
move acceptance of the foregoing report.
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GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Patterson and
McPherson absent.
MISCELLANEOUS RESOLUTION 101231
September 6, 2001
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REVISION OF APPENDIX "C"
PROCEDURES FOR THE SALE, PURCHASE AND LEASING OF PROPERTY
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution Numbers 91090, 93048 and 95213, the
Oakland County Board of Commissioners established procedures for the sale, purchase and leasing
of property; and
WHEREAS, the present real estate transaction procedures for the Oakland County Board of
Commissioners require amending and/or updating to meet current accepted real estate transaction
practices;
• WHEREAS, current generally accepted real estate transaction practices dictate real estate
appraiser licensing and proper environmental testing prior to the consummation of the sale or
purchase of property.
WHEREAS, the Departments of Facility Management and Corporation Counsel recommend
that the Board of Commissioner's Procedures for the Sale, Purchase or Lease of Property (Appendix
"C") be revised and adopted as follows:
Appendix C
PROCEDURE FOR SALE AND PURCHASE OF PROPERTY
(Adopted Per MR #91090, as amended per MR #93048 and MR #95213)
(SUPERCEDES ANY PREVIOUSLY ADOPTED RESOLUTIONS)
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 and Building Committee,
shall perform or obtain an appraisal, and shall employ properly licensed and qualified
real estate appraisers, and pay the standard fee thereof, or as an alternative, the
properly licensed and qualified County appraisal staff may be utilized by the County
Executive if authorized by the Board of Commissioners Planning and Building
Committee.
No land shall be sold at less than the lowest appraised value unless such appraised
value is waived by the Board of Commissioners.
(b) No formal negotiations for the sale of any interest in real property, shall be undertaken
until such time as the Planning and Building Committee has authorized negotiations.
(c) All recommendations regarding sales of land shall be made in one of the following ways
at the discretion of the Planning and Building Committee:
(1) Sale to Local Public Agencies: Prior to offering the property for sale to the
general public or via private sale the County Executive, with the concurrence of
the Planning and Building Committee, may first offer the property for sale to the
local public agency in which the property is located. The sale price shall not be
less than the lowest appraised value in accordance with Paragraph 1.(a) above.
The Local Agencies shall be provided written notification of available property
and be given thirty (30) days to respond.
(2) Private Sale: The County Executive, with the concurrence of the Planning and
Building Committee, may sell at private sale for not less than the lowest current
appraised value placed upon the property in accordance with Paragraph I. (a)
above.
Public Sale: The County Executive, with the concurrence of the Planning and
Building Committee, may advertise once each week for two successive weeks
(unless otherwise prescribed by statute) to either hold a public auction or accept
sealed offers for the sale of the property up to, but not later than, the time fixed
for opening of same in accordance with the Oakland County Purchasing
Division Procedures. The Planning and Building Committee shall fix a minimum
acceptable value at which said property can be sold. The minimum value shall
not, unless otherwise authorized by the Board of Commissioners, be less than
the lowest appraised value under Paragraph 1.(a) above.
(4) In the case of limited use parcels (non-conforming parcels) acquired for water,
sewer and County Drains, the County Executive, with the concurrence of the
Planning and Building Committee, shall notify the local units of government,
public agencies and adjacent property owners that the County is proposing to
sell said parcel. If the local units of government, public agencies and adjacent
property owners are interested the County Executive shall advise them of all
information that the County has in regard to said properties' easements being
retained, soil conditions, etc. and shall advise the local units of government,
public agencies and adjacent property owners of the deadline to make purchase
offers. If no offers to purchase are received from the local units of government,
public agencies or adjacent property owners, the County Executive will then
advertise for public sale of such limited use property in accordance with
Paragraph 1.(c)(3) above. The Planning and Building Committee shall make
their recommendations for the disposal of the property to the Board of
Commissioners.
Whenever the requirements of Paragraphs 1.(c)(1), 1.(c)(2), 1.(c)(3), or
1.(c)(4) above have been fulfilled and no sale made thirty (30) days thereafter,
the Planning and 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 offer received. The County Executive shall be
authorized to pay from the proceeds of the sale the customary broker's fee.
(3)
(5)
(d) The Planning and Building Committee shall 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 requirements of the Rules for
Oakland County Board of Commissioners.
(e) In all cases, the Planning and Building Committee may withdraw any land
authorized for sale up to the time the County Executive shall have received a
commitment thereon. At any public sale, the Planning and Building Committee
reserves the right to reject any or all offers received.
LEASE & PURCHASE OF PROPERTY
2. All leasing and purchasing of property shall be under the jurisdiction of the Planning and
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 and
Building Committee has authorized such negotiations.
(b) For property acquisition under $500,000 in value, the Planning and Building Committee
may rely upon the properly licensed and qualified county appraisal staff of the County
Equalization Division or the Property Management Unit of the Department of Facilities
Management or as an alternative a properly licensed and qualified real estate
appraiser.
(c) For property acquisition over $500,000 in value the County Executive, with the
concurrence of the Planning and Building Committee, shall employ two properly
licensed and qualified real estate appraisers or as an alternative the properly licensed
and qualified County appraisal staff, who shall appraise the property under
consideration and submit a written report concerning the appraisal to the Planning and
Building Committee.
(d) No written offer to acquire property may be made prior to the receipt of the necessary
appraisals, and no offers to acquire property shall be made in an amount more than the
highest appraised value, except by the Board of Commissioners' approval. A written
Offer to Purchase property contingent upon Paragraphs 2.(b) — 2.(e) may be made
with approval of the Planning and Building Committee.
(e) Purchases for Public Utility Easements shall follow procedures in Paragraphs
2.(b) and 2.(c).
Any offer to purchase real property shall contain an environmental due diligence period
and associated contingency that would allow the County to terminate the purchase
agreement without penalty in the event that adverse environmental conditions were
encountered during the due diligence period. During the due diligence period, at a
minimum, a written Phase One Environmental Site Assessment shall be prepared
consistent with applicable American Society of Testing and Materials standards by a
(f)
3
qualified professional. If the Phase One Environmental Site Assessment identified
adverse environmental conditions, a Phase Two Environmental Site Assessment shall
be prepared and submitted. Real property rights for sewer, water, drainage, and utility
easements, and/or rights of way may be obtained without a Phase One or Phase Two
Environmental Site Assessment if waived by the Planning and Building Committee (and
the Office of Corporation Counsel.)
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby revises its Procedures for the Sale, Purchase and Lease of Property (Appendix "C") as
described above.
BE IT FURTHER RESOLVED that the said procedures as described above shall supercede all
previous procedures relative to the sale, purchase or lease of property.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Melton and Dingeldey absent
4
Resolution #01231 September 6, 2001
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
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E FOREGOING RESOLUTION
Resolution #01231 October 11, 2001
Moved by Palmer supported by Obrecht the resolutions on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Garfield, Gregory, McPherson, Melton, Millard, Moffitt,
Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 October 11, 2001 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this lltja day A October, 2001.
G.' William Caddell, County Clerk