H-0595.1  _______________________________________________

                          HOUSE BILL 1382

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Reams, Scott and Rust

Read first time 01/24/95.  Referred to Committee on Government Operations.

Facilitating the sale of surplus property by sewer and water districts.

    AN ACT Relating to sale of surplus property by sewer and water districts; and amending RCW 56.08.080, 56.08.090, 57.08.015, and 57.08.016.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 56.08.080 and 1993 c 198 s 17 are each amended to read as follows:

    The board of commissioners of a sewer district may sell, at public or private sale, property belonging to the district if the board determines that the property is not and will not be needed for district purposes and if the board gives notice of intention to sell as in this section provided:  PROVIDED, That no notice of intention is required to sell personal property of less than two thousand five hundred dollars in value.

    The notice of intention to sell shall be published once a week for two consecutive weeks in a newspaper of general circulation in the district.  The notice shall describe the property and state the time and place at which it will be sold or offered for sale, the terms of sale, whether the property is to be sold at public or private sale, and if at public sale the notice shall call for bids, fix the conditions thereof and shall reserve the right to reject any and all bids.

The board of commissioners may agree to pay a sales commission to a real estate broker or salesperson licensed under the laws of the state who procures an offer that is accepted by the board.

    Sec. 2.  RCW 56.08.090 and 1993 c 198 s 18 are each amended to read as follows:

    (((1) Subject to the provisions of subsection (2) of this section,)) No real property valued at two thousand five hundred dollars or more ((of the district)) shall be sold by private sale for less than ninety percent of the value thereof as established by a written appraisal made not more than ((six)) twelve months prior to the date of sale by ((three)) a disinterested real estate broker((s)) licensed under the laws of the state or a professionally designated real estate appraiser((s)) as defined in RCW 74.46.020.  The appraisal shall be signed by the broker or appraiser((s)) and filed with the secretary of the board of commissioners of the district, who shall keep it at the office of the district open to public inspection.  ((Any)) The notice of intention to sell real property of the district by private sale shall recite the appraised value thereof((:  PROVIDED, That there shall be no private sale of real property where the appraised value exceeds the sum of two thousand five hundred dollars.

    (2) If no purchasers can be obtained for the property at ninety percent or more of its appraised value after one hundred twenty days of offering the property for sale, the board of commissioners of the sewer district may adopt a resolution stating that the district has been unable to sell the property at the ninety percent amount.  The sewer district then may sell the property at the highest price it can obtain at public auction.  A notice of intention to sell at public auction shall be published once a week for two consecutive weeks in a newspaper of general circulation in the sewer district.  The notice shall describe the property, state the time and place at which it will be offered for sale and the terms of sale, and shall call for bids, fix the conditions thereof, and reserve the right to reject any and all bids)).

    Sec. 3.  RCW 57.08.015 and 1993 c 198 s 19 are each amended to read as follows:

    The board of commissioners of a water district may sell, at public or private sale, property belonging to the district if the board determines that the property is not and will not be needed for district purposes and if the board gives notice of intention to sell as in this section provided:  PROVIDED, That no such notice of intention shall be required to sell personal property of less than two thousand five hundred dollars in value.

    The notice of intention to sell shall be published once a week for two consecutive weeks in a newspaper of general circulation in the district.  The notice shall describe the property and state the time and place at which it will be sold or offered for sale, the terms of sale, whether the property is to be sold at public or private sale, and if at public sale the notice shall call for bids, fix the conditions thereof and shall reserve the right to reject any and all bids.

The board of commissioners may agree to pay a sales commission to a real estate broker or salesperson licensed under the laws of the state who procures an offer that is accepted by the board.

    Sec. 4.  RCW 57.08.016 and 1993 c 198 s 20 are each amended to read as follows:

    (((1) Subject to the provisions of subsection (2) of this section,)) No real property valued at two thousand five hundred dollars or more ((of the district)) shall be sold by private sale for less than ninety percent of the value thereof as established by a written appraisal made not more than ((six)) twelve months prior to the date of sale by ((three)) a disinterested real estate broker((s)) licensed under the laws of the state or a professionally designated real estate appraiser((s)) as defined in RCW 74.46.020.  The appraisal shall be signed by the broker or appraiser((s)) and filed with the secretary of the board of commissioners of the district, who shall keep it at the office of the district open to public inspection.  ((Any)) The notice of intention to sell real property of the district by private sale shall recite the appraised value thereof((:  PROVIDED, That there shall be no private sale of real property where the appraised value exceeds the sum of two thousand five hundred dollars.

    (2) If no purchasers can be obtained for the property at ninety percent or more of its appraised value after one hundred twenty days of offering the property for sale, the board of commissioners of the water district may adopt a resolution stating that the district has been unable to sell the property at the ninety percent amount.  The water district then may sell the property at the highest price it can obtain at public auction.  A notice of intention to sell at public auction shall be published once a week for two consecutive weeks in a newspaper of general circulation in the water district.  The notice shall describe the property, state the time and place at which it will be offered for sale and the terms of sale, and shall call for bids, fix the conditions thereof, and reserve the right to reject any and all bids)).

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