§ 14-134. Listings and offers.

(a)

When the board of county commissioners or the governing board of any dependent special district of the county finds and determines that the best interests of the county or such dependent special district as a participant in the real estate market seeking maximum return will be served by listing the property for sale or lease with a state licensed real estate broker, such board may approve a listing contract upon such terms as such board deems proper, providing for the broker to act as the county's or such dependent special district's agent for purposes of advertising the property for sale and determining qualifications and bona fides of potential buyers, and further providing that any tendered contract for sale is subject to the procedures set forth in this section with respect to advertisement, and subject to and contingent upon such board's approval.

(b)

When the county or any dependent special district of the county receives an offer from a person or a person's agent seeking to acquire or lease the property, the county manager, district manager or such person's designee may negotiate a contract for sale or lease of real estate with the interested person or his agent after following applicable policies and procedures for evaluating the county or such dependent special district's need and determining an appropriate sale price or rental rate with due regard to the best interests of the county or such dependent special district. The contract shall be tendered to the interested person or his agent for execution and shall be expressly subject to and contingent upon such board's approval.

(c)

Upon tender of a signed contract to either subsection (a) or (b) above, the county manager or district manager shall advertise the legal description of the property and the essential price terms and significant conditions of the proposed sale or lease in the newspaper for which the board of county commissioners or the governing board of such dependent special district has contracted to publish legal notices. The advertisement shall state the date, time and place that the board of county commissioners or the governing board of such special district will meet in regular session to consider the proposed contract for execution, and shall provide the name, office address and telephone number of the custodian of the document for purposes of inspection and copying pursuant to the public records law. The advertisement shall further provide that the board of county commissioners or the governing board of such dependent special district will consider any other written offers to purchase the described property and has the power to determine which of two (2) or more competing written offers provide the most favorable combination of price and terms as to serve the best interests of the county or such dependent special district, in the sole discretion of the board of county commissioners or the governing board of such dependent special district. The advertisement shall state the deadline for submission of any such offers, which shall be no earlier than five (5) business days from the date of publication of the advertisement and no later than twenty-four (24) hours before the scheduled opening of the board meeting on the date advertised for consideration, and specify the name, office address and office location of the person to whom such offers should be delivered. The advertisement shall also state the address to which interested persons, whether making an offer or not, may submit comments or objections in writing for circulation to members of the board of county commissioners or the governing board of such dependent special district prior to the regular meeting at which action is scheduled.

(d)

The board of county commissioners or the governing board of any dependent special district of the county may consider any and all offers to purchase the property at the advertised date, time and place of the regular meeting for which the matter is scheduled on the board's agenda. The board of county commissioners or the governing board of such dependent special district reserves the right and power to postpone consideration of any and all offers to another date, time and place announced at the advertised meeting, and no further advertisement or publication shall be required. The board of county commissioners, the governing board of any such dependent special district or their respective administrative officers further reserve the right to determine whether the matter will be heard as scheduled, as with any other matter on the board's agenda, subject only to public announcement at the scheduled date and time as to disposition of the matter.

(Ord. No. 2018-11, § 2, 2-5-18)

Editor's note

Ord. No. 2018-11, § 2, adopted Feb. 5, 2018, repealed the former § 14-134, and enacted a new § 14-134 as set out herein. The former § 14-134 pertained to sales or leases to qualified target industry businesses and derived from Ord. No. 12-37, § 2, adopted Nov. 5, 2012.