Agenda Item 4
Michael Faden, Senior Legislative Attorney
Expedited Bill 11-12, County Property - Disposition
Expedited Bill 11-12, County Property - Disposition, sponsored by Councilmembers
Leventhal and EIrich, Council President Berliner, and Councilmembers Andrews, Riemer, and
Navarro, is scheduled to be introd.uced on March 13, 2012. A public hearing is tentatively
scheduled for March 20 at 1:30 p.m.
Summary of Bill
Expedited Bill 11-12 would modify the procedures for disposition of County property
and require the County Council to approve disposition of certain County properties. As defined
in this Bill, "disposition" of property which the County owns or controls
includes any sale, lease
or license for a term of at least 3 years, or lease or other document which includes an option to
buy (see ©2, lines 6-8).
Specifically, Bill 11-12 would modify County Code §11B-45 by:
• tightening up the current property disposition process (which includes an opportunity
for Council comments but not approval) so as to preclude the broad exemptions found
in current County regulations (see COM COR § I1B.45.01.02A-D). See amended
subsection (a) on ©2, lines 3-19. This would be done by only allowing property "or
nominal value" to be exempted from the current process (see ©2, lines 4-6);
• requiring Council approval before any disposition of County property (with certain
minor exceptions; see ©2, lines 21-22) becomes final. See new subsection (b) on ©2,
lines 20-27. Council approval would take the form of a resolution, adopted after the
Council holds a public hearing with at least 15 days advance notice.
The Council would also approve the material terms of each property disposition,
particularly the price or rent to be paid and any associated economic incentives (see ©2, lines 26
27. The purpose of this requirement is to avoid a situation where an Executive gains approval to
l"Property which the County "controls" would include property leased or licensed to the County government, as
well as any property deeded to the County.