Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Foundation Assets topic
No spam. Unsubscribe anytime.
County counsel outlines 30-day lease and license to operate foundation-owned shelter assets
Summary
County counsel reported the animal-shelter foundation is cooperating to dissolve and transfer assets to the county under its bylaws; staff proposed a 30-day lease of the admin building and a 30-day license to use foundation-owned vehicles so the county can insure and operate them during the wind-down.
County counsel told commissioners that conversations with the shelter foundation's attorney show the foundation's bylaws call for asset transfer to the county on dissolution, and presented short-term legal steps to enable county operations while the foundation completes its wind-down.
Lee (county counsel) said he conferred with Mike Llewellyn, counsel for the foundation, and that review of the foundation's bylaws indicates that on dissolution “all of their...assets, including the property that they own, the bank accounts, the donations, those all transfer to the county.” Lee said the foundation's counsel and remaining board members are cooperating to complete that process.
Counsel explained a practical legal complication: several foundation-owned vehicles and the front administrative building are in the foundation's name and the county should not operate vehicles or occupy the building without an agreement that addresses insurance and employee coverage. To bridge that gap, counsel proposed two short-term documents: a 30-day lease for the admin building and a 30-day license agreement to permit the county to use foundation-owned vehicles while titles are transferred.
Lee described the commercial terms as nominal and procedural: both documents would carry a $1 fee, the county would provide insurance and indemnification, pay utilities and assume maintenance while operating the assets, and the foundation anticipates completing transfers within the 30-day period. Lee said he has drafted the agreements and recommended adding them to the evening action agenda for approval.
Lee also explained that the foundation's board attempted to resign en masse and that, from a legal perspective, those resignations were not effective without acceptance; the remaining board members withdrew resignations to permit an orderly dissolution and transfer process.
Commissioners did not act on the agreements during the work session; counsel asked that the documents be added to the action agenda that evening so the county can legally operate the assets and ensure animal care continues uninterrupted during the transfer process.
No formal vote was recorded in the work session transcript on the lease or license; staff described the step as a short-term measure to stabilize operations while the foundation completes legal transfer requirements.
