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Inside Stories October 24, 2007
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County must put land CAD wants up for bid
By BARRY HALVORSON news@leader-news.com

The sale of county land to the Wharton County Central Appraisal District is not as done of a deal as once was thought based on discussion during Monday's meeting of the county commissioners.

The commissioners voted 3-2 to put the land up for competitive sealed bids with Judge John Murrile and Commissioners Philip Miller and Jimmy Kainer voting for while Commissioners Chris King and Mickey Reynolds opposed the move.

Prior to the voting, County Attorney Trey Maffett said the county could not sell the properly, located across the street from the Courthouse Annex, directly to the CAD.

While the county's intent is to sell the land to the district, he added, it would still have to put it out for competitive bids, contract with a real estate agent or have it auctioned by one of the commissioners.

"If it was being sold to the city or the state, it could be done because those agencies have power of eminent domain and could condemn the land," Maffett said. "The appraisal district doesn't have that power."

The commissioners were reminded by Maffett they have the power to reject all bids and could word the bid specifications to limit the number of bidders to government agencies by use of such phrases as "for the public benefit."

As part of the discussion, Miller asked if the county could just enter into a lease agreement, but Maffett said that it would still have to be bid out unless the county was willing to build to suit and then lease the building, something the commissioners expressed a reluctance to do.

The commissioners were also told that since they were going out for bids, they would have to have the property independently appraised.

Previously, the price was going to be based on the CAD appraisal with Maffett pointing out that figure was probably lower than what an independent appraiser would determine.

In supporting his position, Miller said the county might receive a bid from a private commercial enterprise that could make it profitable for the county to sell it to a non-government entity.

In his own recommendation, Maffett said the commissioners should consider what the best use for the land will be in 20 to 30 years.

While acknowledging having the CAD across from the annex would be convenient for taxpayers, Reynolds said that as the county population grows the location would be a good spot for a second district court.

Jail expansion, a future county court-at-law or a records storage building were also mentioned as possible development projects for the site.

The commissioners also reapproved going out for sealed bids on the sale of the current Precinct 1 barn and property. Commissioner Reynolds said while the sale process had been approved during a previous meeting, the county couldn't meet the bid deadlines.

In discussing the options, the commissioner said he considered going through a realtor earlier in the process, but couldn't because the county did not have a current appraisal and would have to pay a commission on the sale.

He has since received an appraisal estimate of $275,000 and would use that figure as the low, qualifying bid. That was up $11,000 from a previous estimate of $264,000.


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