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    Disposal of Surplus Equipment and/or Materials and Sale of Real Property

     

    File: 6881 & 6882

    Sale of Real Property
    The board has exclusive control of the acquisition and disposal of all district property. This power shall be exercised only when the board determines by resolution that such property is or is not necessary for school purposes.

    Once the board has considered all the relevant factors relating to a proposed sale of real property pursuant to Title 28A RCW, it shall comply with all requirements of the law, including:

    1. A market value appraisal by three licensed real estate brokers selected by the board a professional designated real estate appraiser shall be secured.
    2. No sale of real property is to take place if the sale price would be less than 90 percent of the average of three appraisals made by the brokers unless the property has been on the market for one year, in which case it may be reappraised and sold for not less than 75 percent of the average reappraisal value if the sale is approved by the unanimous consent of the board.
    3. If the appraised value exceeds $70,000 notice that such a sale is being considered is to be published in a newspaper of general circulation within the district for at least two consecutive weeks. The notice shall specify the date, time and place of a public hearing scheduled to consider the property specified for sale. Evidence concerning the proposed sale along with the advisability of selling the parcel is to be taken into account by the board at such a hearing.
    4. Bids may be secured or a licensed real estate broker may be engaged. If the latter, the commission shall not exceed 7 percent. No such bid award shall be made within a forty-five day period following written notification to the Superintendent of Public Instruction.

    Receipts from the sale of real property shall be placed into the bond interest and redemption fund or in the building reserve fund.

    Disposal of Books, Equipment, and Instructional Materials
    Every reasonable effort shall be made to transfer books, equipment, supplies, and materials that have been declared surplus, from one school or department to another school or department where a need has been found. If a need cannot be found, the items may be determined as not usable for district purposes and may be presented to the board to be declared surplus. Surplus items shall be disposed of in accordance with state statutes. The sale of the surplus items by bid or auction shall be advertised at least once a week in each of two weeks in a publication of general circulation. If no offers are received, surplus items may be disposed of in a manner that best serves the interest of the district.

    Intergovernmental Disposition of Property
    The board may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, to the state, municipality, subdivision thereof, or the federal government on such terms and conditions as may be mutually agreed upon. This process may be used in lieu of the one outlined above when an intergovernmental transaction takes place.

    Once the board has considered all the factors relating to a proposed sale of property, it shall comply with all requirements of the law, including:

    1. The board will conduct a public hearing if the estimated value of the property exceeds $70,000. At least 10 days but not more than 25 days prior to such hearing, a public notice of reasonable size shall be published in a newspaper of general circulation within the district for at least two consecutive weeks.
    2. A news release pertaining to the hearing shall be disseminated among printed and electronic media within the district. If real property is involved,the public notice and news release shall identify the property using a description which can easily be understood by the public and shall also describe the proposed use of the property.

     

    Adopted:
    09/01/19

    LEGAL REFS.:
    RCW 28A.02.110 
    RCW 28A.58.031 
    RCW 28A.58.045 
    RCW 28A.58.103 
    RCW 39.33.010 
    RCW 39.33.070 
    WAC 180-43, generally 
    WAC 392-123-170 
    WAC 392-123-175 
    SHB 427, chapter No. 306, Laws of 1981 

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