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<br />ilil Prior to disposition, any real property ten acres or larger or appraised in <br />value at or in excess of $500,000 to be sold or leased by call for sealed bids <br />shall be approved by council through a resolution as submitted by the <br />director of finance. The resolution shall include the bid price or terms of <br />the bid lease, the intended use of property, and the name or names of the <br />prospective buyer or lessee. This section shall not apply to real property <br />obtained by the County through foreclosure due to non-payment of real <br />property taxes." <br /> <br />SECTION 3. Chapter 2, article 19, section 2-114 of the Hawai'i County Code 1983 <br />(2005 Edition, as amended) is amended to read as follows: <br /> <br />"Section 2-114. Sale or lease by negotiation. <br />(a) Real property may be sold or leased through negotiation upon a finding by <br />the council that the public interest demands it and upon approval of the <br />minimum conditions and selection criteria of the council. <br />(b) After a determination is made to negotiate the disposition, the finance <br />director shall: <br />(1) Give public notice, in accordance with the procedure set forth in <br />section 2-116 of the County's intention to sell or lease real property <br />through negotiation setting forth the minimum conditions <br />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 <br />notify all applicants of the determination. Any applicant may <br />examine the basis of the determination, which shall be in writing, to <br />ascertain whether or not the conditions and criteria established were <br />followed; provided that if any applicant does not notify the finance <br />director of the applicant's objections, and the grounds therefor, in <br />writing, within twenty days of the receipt of the notice, the applicant <br />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 />(c) If only one applicant meets the criteria for selection of the buyer or lessee, <br />the finance director may, after notice as provided in subsection (b)(3) of <br />this section, dispose of the real property by negotiation. If two or more <br />applicants meet the criteria for the selection of the buyer or lessee, the <br />finance director shall select the buyer or lessee who submits the highest <br />offer contained in a sealed bid deposited with the finance director. <br />(d) The council may require in the initial resolution that the negotiated <br />agreement be accepted by the council. <br />~ Notwithstanding subsection (c), prior to disposition, any real property ten <br />acres or larger or appraised in value at or in excess of $500,000 to be sold <br />or leased through negotiation shall be approved by council through a <br />resolution as submitted by the director of finance. The resolution shall <br />include the negotiated sale price or lease terms. the intended use of <br /> <br />2 <br />