§ 2-283. Standards and procedures for disposition of surplus real property.

(a)

Interested persons may acquire surplus real property by making written application to the county administrator and following the procedures set forth herein.

(b)

Prior to the board offering any parcel of land, with an assessed value as determined by the most recent tax roll in excess of five thousand dollars ($5,000.00), for sale, the board shall establish a minimum acceptable bid amount for the parcel.

(c)

Upon determination by the board to accept bids for a surplus parcel or parcels, the board shall cause to be published in a newspaper of general circulation published in the county, a notice of intent to consider disposition of county property once a week for at least two (2) consecutive weeks. Such surplus lands and any terms or conditions established by the board, shall be described in the notice. The notice shall include a provision notifying the public of the means of obtaining copies of the standards and procedures for disposition. The bid package shall constitute the standards upon which disposition will be determined.

(d)

In addition to the published notice described above, the board may authorize the advertisement of surplus parcels by the county, or a private professional service provider, through the utilization of additional means of notification, including, but not limited to, newspapers, periodicals, publications, on-site signs, and other media sources. The board may authorize the use of the services of private professional service providers to assist in the marketing and disposition of parcels declared as surplus by the board. If the board utilizes private professional service providers, the selection of such service providers and contracts to provide said services, shall be accomplished and completed in accordance with established Marion County purchasing procedures and applicable county ordinances and state statutes. For the purposes of this article private professional service providers shall include real estate brokers, real estate agents, and attorneys.

(e)

In all cases, the board reserves the right to reject any and all bids and cancel the bid as they may deem in the best interest of the county. The board may require a deposit to be made or a bid bond to be given, in such form or in such amount as the board determines, with each bid submitted.

(f)

Prior to final action approving the disposition of such parcel or parcels, the board shall cause to be published once a week for at least two (2) consecutive weeks, in a newspaper of general circulation published in the county, notice of the board's intent to consider final action on the disposition of a surplus parcel or parcels. The notice shall include the description of the parcel, the proposed purchase price, the date and the time of the regular meeting of the board at which final action will be considered on the proposed disposition. Said notice shall include a provision that interested persons may object either in person at said regular meeting, or by submitting written objections prior to said regular meeting. The board shall, on the date and time as established in the notice, consider all objections and, by majority vote, either approve or reject the proposed disposition.

(g)

In the event the board does not receive a bid or bids meeting the minimum acceptable bid amount; or in the event the bid or bids received do not comply with other terms and conditions set forth in the notice; or in the event the board in its discretion rejects all bids because they are not in the county's interest, the board may authorize proceeding with the following disposition standards and procedures:

(1)

Upon direction by the board to Marion County staff or a private professional service provider, the surplus parcels shall continue to be marketed by appropriate methods as necessary to provide for broad dissemination of the availability of the surplus parcel for purchase, for such period of time as directed by the board.

(2)

During the period of time directed by the board to market the surplus parcels, the county staff or private professional service provider shall bring to the board, at a regularly scheduled meeting of the board, all offers to purchase a surplus parcel which meet or exceed the established minimum acceptable bid amount. The board may consider offers which include conditions or options which are proposed or agreed to by the proposed purchaser. Upon consideration by the board of the offer, the board shall either reject the offer or direct that a proposed agreement for sale and purchase be prepared, with or without changes to the proposed purchase price and conditions or options. The proposed purchaser shall within fifteen (15) days of receipt of the proposed sale and purchase agreement prepared at the board's direction, either reject, execute or propose a modification to the proposed sale and purchase agreement. If a modification is offered by the proposed purchaser, the modified sale and purchase agreement shall be brought to the board at the next regularly scheduled meeting and the provisions of this paragraph may, at the option of the board, be repeated.

(3)

During the period of time directed by the board to market the surplus parcels, the county staff or private professional service provider shall provide to the board notice of all offers to purchase a surplus parcel which do not meet the established minimum acceptable bid amount, including any conditions or options. Upon review of the offer, the board may, at a regularly scheduled meeting of the board, direct that a proposed agreement for sale and purchase be prepared, with or without changes to the proposed purchase price and conditions or options. The proposed purchaser shall within fifteen (15) days of receipt of the proposed sale and purchase agreement prepared at the board's direction, either reject, execute or propose a modification to the proposed sale and purchase agreement. If a modification is offered by the proposed purchaser, the modified sale and purchase agreement shall be brought to the board at the next regularly scheduled meeting and the provisions of this paragraph may, at the option of the board, be repeated.

(4)

The procedures as outlined above, may be repeated throughout the period of time as established by the board for the marketing of a surplus parcel.

(5)

Prior to final action approving the disposition of such parcel or parcels, the board shall cause to be published once a week for at least two (2) consecutive weeks, in a newspaper of general circulation published in the county, the board's intent to consider final action on the disposition of a surplus parcel or parcels. The notice shall include the description of the parcel, the proposed purchase price, the date and the time of the regular meeting of the board at which final action will be considered on the proposed disposition. Said notice shall include a provision that interested persons may object either in person at said regular meeting, or by submitting written objections prior to said regular meeting. The board shall, on the date and time as established in the notice, consider all objections and, by majority vote, either approve or reject the proposed disposition.

(Ord. No. 01-18, § 3, 8-7-2001)