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Regular Agenda Item 4. A.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Rescind a bid acceptance for Maldito Road and accept an offer from the adjoining property owner. |
| Background Information |
On June 5, 2018, at 10:00 AM, the Board of Supervisors (BOS) held a public sale of Maldito Road. Gila County Policy and Procedure for the Abandonment of County Highways, Local Streets, Avenues, Alleys, and Extinguishment of Easements within Gila County gives guidelines and procedures for abandonment. Arizona Revised Statutes (ARS) §28-7201 through 28-7215 establish the guidelines. Specifically, ARS §28-7208- Consideration required states:
"Notwithstanding any other law, except as provided in section 28-7215, vesting of title pursuant to sections 28-7205, 28-7206 and 28-7207 is subject to the giving of consideration from the owner of the abutting property to the governing body in an amount deemed by the governing body to be commensurate with the value of the abandoned roadway. The governing body shall give due consideration to its degree of fragmentation and marketability and any other public benefit received by the governing body in return for the abandoned roadway in determining the amount of consideration."
The owners of the abutting property were contacted and expressed interest in bidding on the portion of roadway abutting their property. The owners to the east are the Hardmans and the owner to the west is the Payson Water Company.
The Hardmans submitted a bid for the portion of the roadway abutting their property. The BOS accepted their bid at the meeting. At the time, Public Works had not received a bid from Payson Water Company, so the Hardmans offered a bid for the portion of the road abutting Payson Water Company's property. The BOS also accepted this bid. Checks for both bids were deposited into Gila County’s bank account.
On Wednesday, June 6, 2018, a check from Payson Water Company showed up at the Gila County mailroom in the Public Works mail pickup cubicle to purchase the portion of Maldito Road adjacent to Payson Water Company property. The envelope containing the check was postmarked May 29, 2018, in Denver, CO (home office of Payson Water Company). The check was addressed to Gila County Public Works, 745 N. Rose Mofford Way. Mail addressed to 745 N. Rose Mofford Way normally does not go to the Gila County mailroom, but is delivered directly to the Public Works building by the postal service. We have no idea why this letter was delivered by the U.S. Postal Service to the County mailroom. However, it did end up at the County mailroom. From the mailroom, the check went to the Finance Department where it resided for a time. A finance employee has verified she was in possession of the check prior to the Public Sale of Maldito Road that was held by the BOS on June 5, 2018, at 10:00 AM. Unfortunately, Public Works was not aware of the check at that time and reported to the BOS that no other bids had been received. Had Public Works known of the check at that time, the recommendation to the BOS would have been to accept the bid from Payson Water Company for the portion of Maldito Road adjoining Payson Water Company property. |
| Evaluation |
| Staff feels that Gila County was in possession of a valid bid from Payson Water Company for the minimum amount required for the portion of Maldito Road adjacent to their property. |
| Conclusion |
| Staff feels the bid from Payson Water Company meets the requirements set forth in the County’s Policy and Procedure for the Abandonment of County Highways, Local Streets, Avenues, Alleys, and Extinguishment of Easements within Gila County. |
| Recommendation |
| Staff recommends that the BOS rescind the acceptance of a bid from the Hardmans in the amount of $1,233 for the portion of Maldito Road adjacent to property owned by Payson Water Company and return the money to the Hardmans. Staff also recommends the BOS accept a bid of $1,233 for that portion of Maldito Road adjacent to their property. |
| Suggested Motion |
| Information/Discussion/Action to rescind the acceptance of a bid from Bob Hardman in the amount of $1,233 for the purchase of the westerly half of Maldito Road, which is adjacent to Payson Water Company property; and accept a bid in the amount of $1,233 from Payson Water Company for said purchase of westerly half of Maldito Road. (Steve Sanders) |
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