BIL 132 Draft 02 2008-2010 - Laserfiche WebLink

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include the bid price or terms of the bid lease, the intended use of property, and the name or names of the prospective buyer or lessee." SECTION 3. Chapter 2, article 19, section 2-114 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 2-114. Sale or lease by negotiation. (a) Real property may be sold or leased through negotiation upon a finding by the council that the public interest demands it and upon approval of the minimum conditions and selection criteria of the council. (b) After a determination is made to negotiate the disposition, the finance director shall: (1) Give public notice, in accordance with the procedure set forth in section 2-116 of the County's intention to sell or lease real property through negotiation setting forth the minimum conditions thereunder. (2) Establish reasonable criteria for the selection of the buyer or lessee. (3) Determine the applicants who meet the criteria for selection, and notify all applicants of the determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established were followed; provided that if any applicant does not notify the finance director of the applicant's objections, and the grounds therefor, in writing, within twenty days of the receipt of the notice, the applicant shall be barred from proceeding to seek legal remedy for any alleged failure of the finance director to follow the conditions and criteria. (c) If only one applicant meets the criteria for selection of the buyer or lessee, the finance director may, after notice as provided in subsection (b)(3) of this section, dispose of the real property by negotiation. If two or more applicants meet the criteria for the selection of the buyer or lessee, the finance director shall select the buyer or lessee who submits the highest offer contained in a sealed bid deposited with the finance director. (d) The council may require in the initial resolution that the negotiated agreement be accepted by the council. ~ Notwithstanding subsection (c), prior to disposition, any real property acres or larger to be sold or leased through negotiation shall be approved by council through a resolution as submitted by the director of finance. The resolution shall include the negotiated sale price or lease terms, the intended use of property, and the name or names of the prospective buyer or lessee." 2