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<br /> (a) Real property may be sold or leased through negotiation upon a finding by the council <br /> that the public interest demands it and upon~proval of the minimum conditions and <br /> selection criteria of the council. <br /> (b) After a determination is made to negotiate the disposition, the finance director shall: <br /> (1) Give public notice, in accordance with the procedure set forth in section 2-116 of <br /> the County's intention to sell or lease real property through negotiation setting <br /> forth the minimum conditions thereunder. <br /> (2) Establish reasonable criteria for the selection of the buyer or lessee. <br /> (3) Determine the applicants who meet the criteria for selection, and notify all <br /> applicants of [hisj the determination. Any applicant may examine the basis of the <br /> determination, which shall be in writing, to ascertain whether or not the <br /> conditions and criteria established were followed; provided that if any applicant <br /> does not notify the finance director of [his] the ap lip cant's objections, and the <br /> grounds therefor, in writing within twenty days of the receipt of the notice, [he] <br /> the applicant shall be barred from proceeding to seek legal remedy for any alleged <br /> failure of the finance director to follow the conditions and criteria. <br /> (4) If only one applicant meets the criteria for selection of the buyer or lessee, the <br /> finance director may, after notice as provided in subsection (b)(3) of this section, <br /> dispose of the real property by negotiation. If two or more applicants meet the <br /> criteria for the selection of the buyer or lessee, the finance director shall select the <br /> buyer or lessee who submits the highest offer contained in a sealed bid deposited <br /> with the finance director. <br /> The council may require in the initial resolution that the negotiated a r~ Bement be <br /> accepted by the council." <br /> SECTION 4. If any provision of this ordinance, or the application thereof to any person <br /> of circumstance, is held invalid, such invalidity shall not affect other provisions or applications <br /> of the ordinance which can be given effect without the invalid provision or application, and to <br /> this end, the provisions of this ordinance are declared to be severable. <br /> SECTION 5. This ordinance shall take effect upon its approval. <br /> INTRODUCED BY: <br /> . ~ <br /> C CILMEMBER, COUNTY OF HAWAII <br /> Hilo, Hawaii <br /> Date of Introduction: <br /> Date of 1 S` Reading: <br /> Date of 2°d Reading: <br /> Effective Date: <br /> 2 <br /> <br />