Alameda County Municipal Code Ch. 4.28 Sale of County Real Property

The purchasing agent of the county, subject to the provisions of this chapter, shall sell any real property of an estimated value of twenty-five thousand dollars ($25,000.00), or less, belonging to the county.

(Prior admin. code § 4-5.01)

The board of supervisors shall adopt and cause to be published, pursuant to Section 6061.3 of the Government Code, a resolution of its intention that the property be sold.

(Prior admin. code § 4-5.02)

Resolution of intention shall:

A. Describe the property to be sold in such a manner as to identify it;

B. Specify the minimum price and the terms upon which it will be sold;

C. Specify the date on which it will be sold, which shall not be less than seven days following the completion of publications;

D. Fix the place at which sealed proposals to purchase will be received;

E. Fix the time and the place where such proposals will be opened and declared and oral bids received.

(Prior admin. code § 4-5.03)

At the time and place fixed for the opening of bids the purchasing agent may accept the highest bid, written or oral, or, if he deems such action to be for the best public interest, he may reject any and all bids, either written or oral, and withdraw the property from sale, provided, however, that no oral bid shall be accepted unless it is made by a responsible person and exceeds by at least five percent the highest written bid made by a responsible person.

(Prior admin. code § 4-5.04)

In the event no written or oral proposal is made which is equal to, or greater than, the minimum price fixed in said resolution of intention, then for a period of one year following the date of said resolution, or until the board of supervisors revokes such authority, the purchasing agent shall have the authority to negotiate a sale, subject to final acceptance by said board of supervisors, of said real property to any person for not less than the minimum price fixed by said resolution.

(Prior admin. code § 4-5.05)

Until such final acceptance occurs, the purchasing agent may lease said real property by direct negotiation on behalf of the county on a month-to-month tenancy, but in no event for more than twelve (12) months without first obtaining the approval of the board of supervisors.

(Prior admin. code § 4-5.06)

The board of supervisors may offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal. The fact that such a commission will be paid and the rate thereof shall be specified in the resolution as required in Section 4.28.030. No commission shall be paid unless the resolution specifically provides for the payment of same and there is contained in or with the sealed proposal, or stated in or with the oral bid, which is finally accepted, the name of the licensed real estate broker to whom it is to be paid, and the amount or rate thereof. Any commission shall, however, be paid only out of money received by the board from the sale or rental of the real property.

(Prior admin. code § 4-5.07)