Chapter 2.110
PROPERTY MANAGEMENT Revised 8/18

Sections:

2.110.010    Authority to Sell.

2.110.020    Sales of Personal Property – Advisability and Manner of Sales.

2.110.030    Sales of Personal Property – Value of Property. Revised 8/18

2.110.040    Sales of Personal Property – Must be for Cash.

2.110.050    Transfer of Surplus Personal Property.

2.110.060    Duties of Executive.

2.110.070    Real Property Responsibilities.

2.110.080    Inventory of Real Property.

2.110.090    Disposal of Surplus Real Property – Council Approval Required.

2.110.100    Notice of Disposition.

2.110.110    Private Exchanges of Real Property.

2.110.120    Individual Sales of Twenty-Five Thousand Dollars or More.

2.110.130    Disposition of Proceeds.

2.110.135    Timber Resource Management Program.

2.110.140    Authority to Lease or Rent.

2.110.150    Application to Lease.

2.110.160    Reservation of Powers.

2.110.170    Severability.

2.110.010 Authority to Sell.

A.    Whenever it is in the best interest of the County, taxing districts, and the people thereof, that any part or parcel of property, whether real, personal, or mixed, belonging to the County, including tax-titled property, subject to the provisions of RCW Chapters 84.64 and/or 36.35, should be sold, or otherwise disposed of, the County shall dispose of such property under the limitations and restrictions and in the manner hereinafter provided.

B.    In making such disposition, the County may sell any timber, mineral, or other resources on any land owned by the County separate and apart from the land in the same manner and upon the same terms and conditions as provided in this Chapter for the sale of real property. However, any such timber, mineral, or other resources not exceeding $25,000.00 in value may be sold as personal property in the manner provided by this Chapter.

(Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.010)

2.110.020 Sales of Personal Property – Advisability and Manner of Sales.

Subject to the limitations of this Chapter, the Executive or designee is authorized to determine the propriety and advisability of selling and the manner and location of conducting sales of surplus personal property. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.020)

2.110.030 Sales of Personal Property – Value of Property. Revised 8/18

When an item or lot of surplus personal property carries a depreciated value of $50,000 or more, the Executive shall not dispose of said personal property without prior approval by the Council. Property valued at less than $50,000 may be sold for its assessed value, or if found to be of no value, donated to any private, non-profit corporation, or destroyed. (Ord. 2018-49 § 1, 2018; Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.030)

2.110.040 Sales of Personal Property – Must be for Cash.

Sales of personal property must be for cash, certified check, or cashier's check, except when it is transferred to a governmental agency or traded in on the purchase of another article or traded for another article of similar value. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.040)

2.110.050 Transfer of Surplus Personal Property.

Surplus personal property may be transferred to the Agent, or, where appropriate, to the County Planning and Public Works Department Director for use as trade in property on new purchases. Said transfer must be approved by the Agent or Planning and Public Works Director. (Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.050)

2.110.060 Duties of Executive.

The duties of the Executive shall be to:

A.    Review and make recommendations regarding the present and future use and disposition of County-held real property;

B.    Declare surplus and dispose of surplus real property valued below $25,000.00, in accordance with the provisions of this Chapter;

C.    Recommend County-titled real property as surplus, subject to the provisions of this Chapter, and recommend to the Council specific parcels valued equal to or in excess of $25,000.00 for disposition by sale.

(Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.060)

2.110.070 Real Property Responsibilities.

The Executive or designee shall be responsible for acquiring, disposing, inventorying, leasing, and managing real property, the legal title of which rests in the name of Pierce County, or which Pierce County manages in a trust capacity, and shall have the responsibility to maintain, improve, or dispose of real property in such a manner which in the Agent's judgment shall ensure the greatest benefit to the County. County departments shall be responsible for maintaining all real property for which they are the custodian. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.070)

2.110.080 Inventory of Real Property.

A.    The Executive or designee shall maintain and update a current inventory of all County titled real property with detailed information as to current departmental custodianship and as to the characteristics that determine its economic value and potential uses; provided, that all County roads and all tax-titled property not transferred to general County use pursuant to Chapter 36.35 RCW shall be excluded from the provision of this Chapter.

B.    County departments shall be required, no later than January 31 of each calendar year, to justify departmental retention of all land holdings, to the Executive.

C.    If, in the judgment of the Executive, a County department cannot justify the retention of a given parcel of land, the Executive shall determine whether any other department has a need for the parcel.

D.    If another County department can demonstrate a need for said parcel, custodianship of that parcel shall be transferred to that department without any financial transaction between present and future custodial departments.

E.    If no other County department can demonstrate a need for such parcel, the parcel may be declared surplus to the future foreseeable needs of the County.

F.    Prior to a decision recommending disposing of surplus real properties through sale, the Executive shall consider other uses of surplus real property. Other possible uses that may be considered and implemented by the Executive are:

1.    Exchanges for privately owned lands that meet the County's land needs; or

2.    Leases pursuant to this Chapter; or

3.    Disposition to other governmental agencies, pursuant to Chapter 39.33 RCW; or

4.    Retention by the County if the parcel is classified as floodplain or slide hazard property or otherwise in the best interest of the County.

G.    Nothing herein shall require, in any manner, the Executive to declare or recommend property as surplus.

(Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.080)

2.110.090 Disposal of Surplus Real Property – Council Approval Required.

The approval, by ordinance, of the Council is required prior to the Executive disposing of County titled real property valued equal to or in excess of $25,000.00, which has been declared as surplus in compliance with the provisions of this Chapter. The approval ordinance of the Council shall state both street address and legal description of the property, and the procedures to be followed by the Executive in disposing of the real property. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983: prior Code § 2.05.090)

2.110.100 Notice of Disposition.

When Pierce County elects to dispose of real property by sale, lease, or exchange, the County shall advertise to the extent which it deems necessary to effect an advantageous sale. The County may implement disposition of real property by public advertisement or private negotiation at its discretion, provided that disposition of real property with a value equal to or in excess of $25,000.00 shall be preceded by publication of a notice in the legal newspaper at least once each week for two consecutive weeks, the last notice to appear no more than seven days prior to the date of the closing of the disposition. An advertisement of sale of County property must particularly describe the property to be sold. When real property is to be sold, the advertisement of sale must contain both the street address, if available, and the legal description of the part and parcel. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.100)

2.110.110 Private Exchanges of Real Property.

No exchange of County-owned real property shall be made for privately owned real property, unless the value of the privately owned property is of equal or greater value than the County-owned real property. If required by the County, the private proponent of an exchange must provide, at his or her cost, an independent appraisal of any proposed exchange, said appraisal to meet the reasonable satisfaction of the County. Upon written demand, either party may require the exchange to be consummated pursuant to RCW 36.34.330. Nothing herein shall require the County to exchange property under any circumstance. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.120)

2.110.120 Individual Sales of Twenty-Five Thousand Dollars or More.

All individual negotiated sales or exchanges of real property equal to or in excess of $25,000.00 shall be subject to ratification by resolution of the Council, and no such sale shall be final until such ratification. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.130)

2.110.130 Disposition of Proceeds.

A.    All costs, direct and indirect, related to the sale of real or personal property shall be deducted from the proceeds of the sale and credited to the appropriate County department. The Pierce County Finance Director is authorized to establish such funds and accounts necessary to deposit sales proceeds until final disposition. The balance of the proceeds shall be deposited into the proper County fund or account, as directed by the Executive.

B.    In no case shall the title be transferred until the purchase price has been fully paid.

(Ord. 2017-12s § 2 (part), 2017; Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.140)

2.110.135 Timber Resource Management Program.

The procedures to be followed by the Pierce County Real Property Management Division of Facilities Management Department in the selective thinning and disposing of the selected timber on parcels of Pierce County owned, restricted county owned and tax title real properties are as follows:

A.    The timber harvests shall be based on a timber management program prepared by a professional forester and conducted in accordance with the provisions of the Washington State Forest Practices Act.

B.    No old growth timber will be harvested.

C.    A buffer of no less than 50 feet along the edge of the portions of property selected for the timber resource management program shall be retained, and only dead or dying trees, or trees which could damage power lines or present a safety hazard to a public road, may be removed.

D.    In the process of removing the selected timber resources only rubber tired vehicles may be used. No permanent roads will be authorized. Any temporary logging roads authorized will be water-barred prior to completion of the timber thinning contract to prevent subsequent use and to prevent erosion.

E.    When it is appropriate, in the opinion of the professional forester contracted to provide such expertise and with the approval of the County Executive or his designee, seedlings shall be planted to replace timber resources which have been selectively thinned.

F.    Any additional County owned, Restricted County Owned or Tax Title parcels to be added to the Forestry Management program shall be done through an Ordinance approved by the County Council.

G.    The disposition of the selected timber resources on County properties shall be by closed bid, preceded by publishing a notice of the sale in a legal newspaper, printed and published in said Pierce County, at least once a week for three consecutive weeks, the last notice to appear no more than seven days prior to the date of closing of said disposition.

H.    The publication of such notice shall describe the property to be sold, the reservations, if any, and the minimum price fixed in said notice, as determined by the Pierce County Facilities Management Forester, together with the time and place and terms of sale, which said sale shall be made at the Facilities Management Department between the hours of 9 a.m. and 9 p.m. as the Director of Facilities Management may direct, and all sales so made shall be to the highest and best bidder at such sale.

(Ord. 95-102 § 1, 1995)

2.110.140 Authority to Lease or Rent.

A.    If it appears that it is in the best interest of the County and the people thereof, and subject to the provisions of this Chapter, the Executive may lease any County real property and its appurtenances upon such terms and conditions as will best serve the County; provided, that any lease for a period in excess of 25 years, including all rights of renewal, must be approved by ordinance of the Council.

B.    Subject to RCW 84.64.310 the County shall have power to lease County real property and its appurtenances where such property was acquired by tax deed under tax foreclosure proceedings for nonpayment of taxes.

C.    Any lease executed under the authority of the provisions of this Section creates a vested interest and a contract binding upon the County and the lessee.

D.    The County may, in the best interest of the County, enter into agreements for the use of County property with bona fide, non-profit organizations, or community groups wherein the non-profit organization or community group is to either make improvements to the County property, and/or provide services which will benefit the public. Such agreements are subject to the approval of the Executive.

E.    The Executive or designee may enter into concession contracts, whereby a private or public entity is given use of County property for specified purposes, such as food concession contracts in County parks. Such concession contracts shall not be construed as a lease of real property.

(Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.150)

2.110.150 Application to Lease.

A.    Applications to lease County real property for a period of less than 25 years shall be submitted to the Executive or designee.

B.    The right is reserved by the County to require that a deposit in an amount set by the Executive or designee accompany all applications to lease County real property. If a deposit is required, all deposits upon the same lease shall be of equal amount. The deposit shall be in the form of a certified check or cashier's check, or may be paid in cash. In the event the lands applied for are leased at the time of application, the deposit shall be returned to the applicant, but if the party making application fails or refuses to comply with the terms of the application and to execute the lease, the deposit shall be forfeited to the County, and deposited in the Current Expense Fund.

(Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code § 2.05.160)

2.110.160 Reservation of Powers.

The County reserves all powers now or hereafter granted to counties by Chapter 36.34 RCW and RCW 36.35.090. (Ord. 94-114S § 2 (part), 1995; Ord. 83-80 § 2 (part), 1983; prior Code 2.05.170)

2.110.170 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 94-114S § 2 (part), 1995; Ord. 89-155 § 3, 1989)