r=?L7l'I-ILJR1'Lft-flCJhd Df -CHE CC1UhJf•i IaUD7:-tOR IG i=3SSEa~L~Li~ t1i+111 ll I ~l~'OSEc OF iJi]UP11 Y ~LJt2PLL1S CJn tl-iis the 9th d~.,y of November ~.99~, ~_~Gar~ motion made tay Commissioner Hnlekamn, seconded by lommi=sinner- Llel;lei the Cni..u^t unanisously approved by a vote of 4-@-@, to a,.~thnrize {:he County Fii-editor to assemt;le al.l s~arpius, salva~;e machinery and goods owned by the Co~snty and i~inld •.,n a~_ic.tinn w:i.thin 6~ days, cnordi.nate and .=.et dates to die;F;osir crf' sa:i.d ynnd5, ~w~ COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: County .hedge OFFICE: MEETING DATE: November 9, 1992 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Authorize the county Auditor to assemble all Surplus machinery and Qoods owned by the County to hold an auction within 60 days and dispose of said Qoods. EXECUTIVE SESSION REQUESTED: YES NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter 1s posted in accordance with Articie 6252-17 is as follows: * Meetings held on Monday: 12:00 P.M.previouS Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : r~ All Agenda Requests will be screened by the County Judge's Office to determine 1f adequate inform anon has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. VERNON'S TEXAS CODE ANNOTATED -LOCAL GOVERNMENT CODE PROPERTY ACQUISITION, SALE OR LEASE § 263.162 Tlt/e a "(c) Under the procedure. the commissioners Acts 1989, 71st Leg., eh. 1, ¢,60(b). court may reject any a~ all bids submitted." Vernoa's Ann.Civ.Sk ark 1677, ¢ 3. Prior Laws: Acts 1987, 70th Leg., ch. 188, ¢ 1. ¢ 263.008. Realtor Agreements and Fees for the Sale of Rea! Property (a) The commissioners court of a county may centtact with a person licensed under The Real Estate License Act (Article 6b73a, Vernon's Texas Civil Statutes) to sell a tract. of rest property that ie owned by the county. (b) The commissioners court of a county may pay a fee if a pemon licensed under The Real Estate License Act (Article 6b73a, Vernon's Texas Civil Statutes) produces a ready, willing, and able buyer to purchase a tract of real property that is owned by the county. Added by Acta 1991, 72nd Leg., ch. 421, ¢ 1, eff. Aug. 26, 1891. [Sections 268.009 W 263.060 reserved for expansion] SUBCHAPTER D. DISPOSITION OF SALVAGE OR SURPLUS PROPERTY ¢ 263.161. Definitions In this subchapter: (1) "Salvage property" means personal Property, other than iffims routinely discarded e8 waste, that because of use, time, accident, or any other cause is so worn, damaged, or obsolete that it hen no value for the purpose for which it was originally intended. (2) "Surplus property" means personal property that: (A) is not salvage property or items routinely discarded as waste; (B) is not currently needed by iffi owner (C) is not required for the owner's foreseeable needs; and (D) possesses some usefulness for the purpose for which it was intended. Amended by Acts 1989, 71st Leg., ch. 1, ¢ 61(b), eH. Aug. 28, 1988. HLtoriesl sad Statutory Notes 1988 Legislation The 1988 amendment W conform to Acts 1987, 70th Leg., ch. 942, ¢ 1 [see itaGaud note in main volume] m subd. (1) substitated "items routinely discarded ss waste" for "aras4paper"; deleted "or" pmreding "aaeident'; inverted ", or any other ease" folkmiag "accident' ; aubatitnted "obsolNe" for."consumed"; in snbd. (2) redesig• rppectively,(~vraeRrted pan (A); aBnd (deleted (or for some other purpose" in par. (D). Acts 1987, 70th Leg., ch. 942, ¢ 1 wee repealed by Acffi 1889, 71st Leg., ch. 1, ¢ 61(d), eff. Aug. 28,1989, Notes of iDeeisionv 1. Right of way veretatlon Cut trees, or true "convtruetively severed,. by having been soM iu antippstion that they will be cut and removed, are personal rather than real property. OpAtty.Gen.1990, No. JM-1241. § 283.1b2. Disposition (a) The oommisaioners court of a county may: (1) periodically sell the count}rs surplus or salvage property by competitive bid or auction; (2) offer the property as a trade-in for new property of the same general type if the commissioners court considers that action to be in the best interests. of the county; or (3) order anq of the property to be destroyed or otherwise disposed of as worthless if the commissioners court undertakes to sell that property under Subdivision (1) and is unable to do eo because no bids are made. (b) If the property is earth-moving, material-handling, road maintenance, or cenetruc- tion equipment, the commissioners court may exercise a repurchase option in a contract in disposing of property under Subsection (axl) or (ax2). The repurchase price of equipment 211 § 263.252 PROPERTY ACQUISITION, SALE OR LEASE Titlr . 8 contained in a previously accepted purchase contract is considered a bid under Subsection (axl) or (ax2). Amended by Acts 1989, 71st Leg., ch. 1, ¢ 61(b), eH. Aug. 28, 1989; Acts 1991, ?2nd Leg., ch. 418, ¢ 8, eff. Sept. 1, 1991. _ Historical and Stetutoq Notes 1989 Legislation The 1989 amendment to conform to Acts 1987, 70th Leg., ch. 942, § 1 [see italicized note in main volume] in subd, (9) inserted "any of preceding "the property"; inserted "or otherwise disposed of fonowing "destroyed"; and substituted "the commissioners court undertakes to sell flat property under Subdivision (1) and is unable to do so because no bids are made" for "it cannot sell the property". Acts 1987, 70th Leg., ch. 942, ¢ 1 was repealed by Acts 1989, 71st Leg., ch. 1, ¢ 61(d), ePf. Ang. 28, 1989. 1991 Lsglelation The 1991 amendment designated subsea. (a) m such, and aadea subset. (b). Note of Dedeiona Forfeited property 1 1. Forfeited property Vehicles forfeked for use bq a department or agency of a political snbdivision are to be dis- posed of in axordance witb Loc. Gov.Code ¢268.152 provisions governing the disposition of surplus public property; furthermore, the pro- ceeds from the sale of property forfeited for official use by a department or agency of a political sabdiviaion are to be placed in the epe- cisi fend desenbed in section 5.08(f) of Civ.St art. 4476-1b. OpAtty.Gen.1988, No. JM-8.99. ¢ 288.156. Record [See main volume for tent of (a)J (b) The commissioners wort shall keep, for one year, a. record of each item of surplus or salvage property destroyed or otherwise disposed of. Amended by Acts 1989, 71st Leg., cb. 1, ¢ fil(e), eff. Aug. 28, 1989. Historical and Statutory Notes 1999 Legislation The 1989 amendment to conform to Acts 1987, 70th Leg., ch. 942, ¢ 1 [see italicized note in main volume] in subset. (b) inserted ", for one year," folkwmg "shall keep"; and inserted "or other wise disposed of following "destroyed". Acts 1987, 70th Leg., ch. 942, ¢ 1 wm repealed by Acts 1989, 71st Leg., ch. 1, ¢ 81(d), eff. Ang. 28, 1989. CHAPTER 270. MISCELLANEOUS PROVISIONS AFFECTING THE ACQUISITION, SALE, OR LEASE OF PROPERTY BY COUNTIES § 270.006. Contracts With Federal Government for ConsttucUon in County With Population of 280,000'to 260,000 (a) The wmmisaionera wort of a wunty with a population of 250,000 to 250,000 may wntract with the United States government or a federal agency for. (1) the joint wnatraction or improvement of roads, bridges, or other wunty improve- ments; or (2) the maintenance of a project wnatructed under this section. [See main volume for text of (h)J Amended by Acts 1991, 72nd Leg., ch. 597, ¢ 95, eff. Sept 1, 1991. Historical and 9tatutoq Note 1881 Legislation The 1991 amendment, in the section heading end in subset. (a) substituted "230,000 to 260,- 000" for "240,001 to 259,999". 212 TEXAS PRACTICE ($rooks) Ch. 9 PUBLiC PROPERTY § ,9.`1,9 9.`2.8 Sale of Natural Gas The Natural Resources Code provides, pursuant to a statute en- acted in 1975, that any county which may own and sell natural gas, may not do so to purchasers outside of the state unless authorized by the Railroad Commission in accordance with the statutory standards of in-state need, waste, and economic mineral development.' 9.29 Disposition of Personal Property Local Government Code § 263.152, permits a commissioners court to "periodically" dispose of the county's surplus or salvage property, as those terms are defined, by either public bid or auction following proper notice.' Surplus property is defined as that not needed for "foreseeable needs" and which still possesses some "usefulness." x Salvage property is defined as that which has no value for its original purpose with the exception of "waste," formerly limited to "wastepa- per."' Both definitions are limited to personal property. The pro- ceeds are credited to the county's general fund unless the property was originally purchased with another fund's proceeds. Any property which cannot be sold may be destroyed or disposed of as worthless! The commissioners court has explicit rule-making authority for the purpose of governing the manner in which personal property is sold under the terms of this statute" Any bid or offer may be accepted by a representative of the commissioners court or the commissioners court may reserve such right to itself; in any event, a rejection must be in the "best interests of the county."a This statute has not been construed by the attorney general or appellate courts. However, the attorney general concluded forty years ago that a commissioners court was authorized to dispose of worn road equipment "by necessary implication" despite the absence of any ex- press statutory authority simply because it would be in .tae county's economic interest.° He further concluded that, given the absence of any statutory manner regulating such sale, that the commissioners court had discretion to dispose of the property at a public auction, sale, or negotiated private transaction. § 9.28 3. Id., § 263.151(1). 1. V.T.C.A., Natural Resources Code 4. Id., § 263.152. §§ 52.291-.296. § 9.29 5. Id., § 263.158. 1. See V.T.C.A., Local Government 8. Id., § 263.154. Code §§ 263.151-.156. 7. Op. Tex. Att'y Gen. No. V1I0 (1947) 2• Id., § 263.151(2). at 3. 323 ~~ Np, 21164 ~TSON of SAND ~ °~ ,~' Asc~ ~~s Dzs~ o~' 9r 1992 Nor Vol Sr page 782