A. Real Property:
1. Sale Of Real Property, Excluding Property Struck Off To County:
a. Whenever any real property owned by the County, excluding property that had been previously struck off to the County during the annual tax sale, is no longer needed by the County, the Board of County Commissioners may declare the same as surplus property. At the time of such declaration, a market appraisal of the property will be conducted by the County Assessor. Upon the receipt of said appraisal, the property will be advertised for public sale by two (2) publications of the notice of sale in a newspaper published in and having general circulation within the County. This notice of sale, the first of which shall be published at least thirty (30) days prior to the date of the sale, shall describe the property to be sold, designate the place and time of the sale, set forth the minimum acceptable bid, which shall be at least the value of the property as determined by the appraisal, describe the nature of the bidding, which shall be by either public auction or sealed bid, and shall contain any other information which the County Commission deems pertinent to the sale.
b. All sales of real property shall be to the highest bidder for cash, certified check, or bank or postal money order, provided such bid is at least equal to the minimum bid set forth in the notice of sale; and provided further, that the County reserves the right to reject any and all bids.
c. Real property with a County Assessor's market appraisal of one hundred thousand dollars ($100,000.00) or more in value is defined as a significant parcel of real property. Prior to any sale of a significant parcel of real property, in addition to the notice requirements of subsection A1a of this section, the County Commission shall hold a public hearing and accept public comment regarding the sale of the significant parcel of real property. Notice of the hearing shall be given at the same time and in the same manner as notice of the sale. The public hearing may not take place sooner than fourteen (14) days after the first date of the notice. The public hearing may take place on the same day as the proposed sale whether it is a sale by auction or negotiated sale as discussed further herein.
d. In addition to the option to sell a significant parcel of real property at auction as addressed in subsection A1a of this section, the County may use the negotiated sale methods addressed in section 1-9-4 of this chapter without having to conduct the auction prior to a negotiated sale. Under these circumstances the property shall not be sold for less than the County Assessor's market appraisal unless the County Commission makes a finding in a public meeting that a sale for less than the appraisal is in the best interest of the County and the County taxpayers.
2. Demolition Of Surplus Buildings: The County Commission may, by resolution, after determining that a County owned building is no longer useful to the County but that the underlying property could be utilized by the County, declare such building as surplus property and provide for the demolition or salvage of the same according to such terms and conditions as may be provided for in the resolution.
3. Exchanges: County owned real estate may be exchanged for privately owned real estate; provided, that professional appraisals have been made on both parcels of property and the County obtains an adequate consideration for its property in the exchange.
4. Lease Or Rent: If the County Commission determines that it would be in the best interest of the County to retain title to its real property and water rights, but obtain revenue from the same through leasing or renting, it may do so. However, prior to leasing or renting such property or water rights, public notice of the intent to lease or rent shall be given by one publication, at least twenty (20) days prior to the time of bidding, in a newspaper published in and having general circulation within the County. This notice shall set forth a minimum bid, if any, shall provide that the lease or rental agreement be given to the highest bidder in cash, certified check, or bank or postal money order, as determined by public auction or sealed bid, whichever method is selected by the Commission, and shall contain such other information as the Commission deems pertinent. The County reserves the right to reject any and all bids. (Ord. O-2017-5, 10-2-2017)
5. Sale Of Property Struck Off To County:
a. Sale Of Property At Annual Tax Sale: Any sale of real property that was previously struck off to the County during the annual tax sale shall be done in compliance with Utah Code section 59-2-1351.5 (2017 as amended) including the disposition of funds. Any excess proceeds shall be handled as set forth in the Kane County tax sale ordinance.
b. Multiple Attempts To Sell Property; Ways To Sell: Property struck off to the County may be sold at any subsequent year tax sale or at a silent auction or request for bids as set forth below. These properties do not require the County Assessor's market appraisal. At the second attempt to sell the property the minimum bid shall be the same as the minimum bid at the original tax sale plus the interest that has accrued since the time of the first tax sale. If the property does not sell at the second attempt to sell the property the minimum bid at the third attempt shall be two-thirds (2/3) of the minimum bid at the original tax sale. If there are no bids at the third attempt to sell the property the minimum bid at the fourth attempt to sell the property shall be one-third (1/3) of the minimum bid at the original tax sale. If there are no bids at the fourth attempt to sell the property, the minimum bid at the fifth and any subsequent attempt to sell the property shall be ten dollars ($10.00).
c. Subsequent Ways To Sell Property: If the County is subsequently approached by a willing buyer of a property previously struck off to the County at an annual tax sale, the County Clerk is authorized to proceed with a sale under this section. The County Clerk may use one of two (2) methods, a silent auction, or request for sealed bids. Regardless of the option chosen by the County Clerk the property shall be sold for not less than the outstanding taxes, penalties, and interest on the property and an additional fee for the cost of conducting the sale under this section, not to exceed two hundred fifty dollars ($250.00).
d. Silent Auction: If choosing the silent auction method, the County Clerk shall publish notice of a silent auction for the stricken property in a local newspaper and is encouraged to use other means of notification that would likely attract other potential buyers for the proposed sale. The notice shall include a description of the property, the minimum bid, the rules for the silent auction as established by the County Clerk, or a statement that the rules are on file at the County Clerk's Office, and the dates for opening and closing the auction. The notice shall run for at least two (2) weeks prior to opening the auction and the auction shall be open for at least five (5) business days.
e. Request For Bids: If choosing the request for bids method, the County Clerk shall publish notice of the request for bids for the stricken property in a local newspaper and is encouraged to use other means of notification that would likely attract other potential buyers for the proposed sale. The notice shall include a description of the property, the minimum bid, additional clarifying information or rules if necessary, and the date by which the sealed bids must be submitted. The notice shall run for at least two (2) weeks prior the deadline for submitting a sealed bid. (Ord. O-2018-34, 12-17-2018)
6. Partial Disposal: If the County desires to dispose of real property in a manner that will dispose of only a portion of the property (i.e., lot line adjustment), the County may use any means of disposal that the County Commission deems appropriate under the circumstances, so long as the value of the property that is disposed of is not a significant parcel of real property.
B. Personal Property:
1. Declaration Of Excess Property And Transfer Within Departments:
a. Whenever any department head determines that any County owned personal property is no longer required by his department, he shall declare the same as excess property for his department. At that time, he shall prepare a list of such property, setting forth the type of property and its condition and value. This list shall be provided to the County Commission, which shall cause the same to be circulated to the other County departments. If any department head determines that he can use such property within his department, he shall so notify the County Commission by requesting the transfer of such property. Such property shall then be transferred to the requesting department with the County Auditor making the appropriate changes on the fixed asset inventory of the two (2) departments.
b. If two (2) or more departments request the same excess property, the County Commission shall make the determination to which department to transfer such property.
2. Sale Of Personal Property:
a. In the event no department requests the transfer of excess property as provided in subsection B1 of this section, the County Commission, if it determines that such excess property is no longer required for the needs of the County, shall declare the same as surplus County property. Such property will then be advertised for public sale by the single notice of the sale in a newspaper published in and having general circulation within the County. This notice of sale, which shall be published at least twenty (20) days prior to the date of the sale, shall describe the property to be sold, designate the place and time of the sale, set forth the minimum acceptable bid, if any, describe the nature of the bidding which shall be by public auction or sealed bid, and shall contain any other information which the County Commission deems pertinent to the sale.
b. All sales of personal property shall be to the highest bidder for cash, certified check, or bank or postal money order, provided such bid is at least equal to any minimum bid set forth in the notice of sale; and provided further, that the County reserves the right to reject any and all bids.
3. Exchanges: If a department head desires to acquire a new item of personal property and as part of the acquisition procedure trades in an existing item of personal property, he first must ascertain the purchase price of the new item and the trade in value of the old item, and submit this information to the County Commission. The County Commission will then determine whether to allow the old property to be traded in, circulated on a list to other departments as excess property, or sold by the County as surplus property. This section does not apply to fleet vehicles that are purchased and sold under the terms of the County Procurement Code.
4. Abandonment, Destruction Or Donation Of Personal Property: The County Commission may authorize the abandonment, destruction or donation to a public body or institution or organization which is nonprofit and exempt from taxation under section 501 of the Internal Revenue Code, 26 USC section 501, of any surplus personal property which has been determined by both the department head having control of such property and the County Commission of having no commercial value or of which the estimated cost of the continued care, handling and sale of said property would exceed the estimated proceeds from its sale. (Ord. O-2017-15, 10-2-2017)