Requirements for Purchases of Land, Buildings or New Construction

Section 9.16. Real Property Acquisition Requirements

This requires that proper planning and due diligence be done before county taxpayer dollars are appropriated. Before real property can be acquired by the Lincoln County Government, the following due diligence must be performed by the County Mayor. Real property is defined to mean land and buildings, this also applies to new construction or additions.

1. A Requirements Document must be written and contain at a minimum, an in-depth detail description of what is proposed to be acquired; the reasons for requesting the acquisition; a description of the acquisition’s benefit(s) to the citizens of Lincoln County; the projected cost of the project—to include any site preparation work, utility costs, sewers, remodeling, etc.; its impact on the operating budget in cost of additional staff, furnishings, maintenance, utilities, insurance, etc.; and the proposed financing method, costs to finance, and interest cost. The requirements must be written in such a manner that would create the most sources to meet the acquisition needs, a sole source justification on why the requirements were written, that limited competition, will be included in the requirements documents.

2. A Risk Assessment report detailing all associated risk and a risk mitigation plan must be written.

3. After the Requirements Document and Risk Assessment report have been prepared with the required information, the County Mayor will make a presentation to the Lincoln County Board of County Commissioners of the Requirements Document, Risk Assessment, and supporting data. The Lincoln County Board of County Commissioners may request more information or may approve the documents by a two-thirds (2/3) majority vote of the commissioners to schedule a public hearing to present the acquisition plan to the citizens of Lincoln County or may vote to not proceed with the acquisition. The Lincoln County Board of County Commissioners will not vote on the acquisition until a meeting after the public hearing and actual contractual costs have been established, the vote will require a two-thirds (2/3) majority for approval. If the real property acquisition requirements are not strictly followed, acquisition of said property acquired will be voided, all monies will be refunded to the Lincoln County Government, and title shall pass back to the previous owner.

Found at Section 9.16. Real Property Acquisition Requirements.

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