21-030I ORDINANCE NO. 21 - 030
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING
4 CHAPTER 2. "ADMINISTRATION", ARTICLE IV, ENTITLED "PURCHASING
5 & CONSULTANTS", SECTION 2-56(C) IS HEREBY DELETED IN IT'S
6 ENTIRETY AND REPLACED WITH A NEW SECTION 2-56(C) TO AMEND THE
7 PROCESS TO DISPOSE OF CITY OWNED REAL PROPERTY; PROVIDING FOR
8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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10 WHEREAS, the procedures set forth in the ordinance provide greater transparency to
11 the transfer of property and are intended to avoid any appearance of favoritism or undue
12 influence in opportunities to acquire City property and will also provide the added opportunity
13 for public input prior to a transfer; and
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15 WHEREAS, more detailed procedures for the disposition of City owned property will
16 provide for more competitive opportunities for interested parties to acquire City property; and
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18 WHEREAS, City Commission finds it is in the best interest of the public to set forth
19 more detailed procedures for the disposition of public property.
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21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. Each Whereas clause set forth above is true and correct and
24 incorporated herein by this reference.
25 Section 2. That Chapter 2, Article IV, entitled "Purchasing & Consultants", Section
26 2-56(c) is hereby amended by adding the words and figures in underlined type, and by deleting
27 the words and figures in struck -through type, as follows:
28 Sec. 2-56 (c) Disposition of City -owned Real property.
29 FeEemmeRded by the City ManageF and deteFFRORed by the City C=9MFRi5Si9R te be OF; the
30 inteFest ef the Eity. With FegaFd te the sale ef any Fe -al estate evoned by the Eity whic-h has an
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35 The sale ef Feal pFepeF4y feF less thaR thp f;i*r market value shall FequiFe the ap Feval by a yet -9
37 (1) Power to sell. The City Commission may authorize by Resolution the sale transfer, and swap
38 any real property, improved or unimproved, now owned or hereafter acquired by or owned by
39 the city, as provided herein These procedures supplement any other procedures that may
40 now or in the future be applicable as provided by law or regulation.
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41 (2) Disposal of property which is sufficient in size and of such character as to comprise an
42 independent building site and which will involve a conveyance of the city's fee simple interest.
43 These parcels typically enjoy access to a public right-of-way, and are developable as building sites.
44 (a) Resolution declaring surplus. Before any improved or unimproved property owned by the
45 city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body
46 shall adopt a resolution declaring same surplus.
47 (b) Determination concerning surplus.
48 a. The city governing body shall review and consider the following:
49 1. The legal description (by reference to a recorded plat or government survey);
50 2. The property address by street number, if there be any;
51 3. A description of all improvements located upon the land;
52 4. How said land has been used since same has belonged to the city;
53 5. The current use of the property;
54 6. How the property was acquired and financed;
55 7. The needs of the city;
56 8. Whether disposal is consistent with the city comprehensive plan;
57 9. The estimated property value;
58 10. Any relevant property history;
59 11. The property's title; and
60 12. Whether the disposal of the property is precluded by grant provisions of other
61 agencies.
62 (c) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting
63 a resolution declaring property as surplus. An advertisement for such public hearing shall
64 appear once in a newspaper of general circulation at least ten (10) days prior to the hearing_
65 The advertisement will contain the resolution title and the date, time and place of the hearing.
66 The city clerk shall advertise the proposed resolution for public hearing by placing it on the city
67 council agenda and posting such agenda at least three (3) business days prior to the city
68 council meeting.
69 (d) When appraisals are needed.
70 a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this
71 subsection (b) must be appraised by two (2) independent appraisers, who are designated
72 members of the Appraisal Institute, if the property is estimated to have a value that
73 exceeds one million dollars ($1,000.000.00).
74 b. Anv real property that the city proposes to sell or otherwise dispose of pursuant to this
75 subsection (b) must be appraised by one (1) independent appraiser, who is designated
76 member of the Appraisal Institute, if the property is estimated to have a value between
77 4veone hundred thousand dollars ($5100,000.00) and one million dollars
78 ($1,000,000.00).
79 c. Anv real property that the city proposes to sell or otherwise dispose of pursuant to this
80 subsection (b) with an estimated value below 4veone hundred thousand dollars
81 ($5100,000.00) shall not require an appraisal.
82 d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed:
83 1. Where the city acquired the property from Palm Beach County as a result of the tax
84 sale process and is returning such asset to the former owner or its successors and
85 assigns;
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86 2. Where the city transfers the property to another governmental entity or agency or
87 3. Where the city is exchanging such real property with the private sector for a
88 replacement parcel determined by the city governing body to have similar utility and
89 where the public interests would be served.
90 (e) Methods of disposal.
91 a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the
92 following methods: negotiation, trade with other governmental entities or agencies
93 request for letters of intent, sealed bids, or request for proposals. The city may retain
94 professional real estate services to aid in the disposal of property.
95 1. Negotiation. The city may negotiate the sale of real property with a particular person
96 or entity, and no further advertising will be needed to effect a transfer.
97 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no
98 more than ninety (90) days after adoption of resolution declaring the property
99 surplus, the land may be offered for public disposition and a notice shall be
100 published by the city in a newspaper of general circulation in the city once not less
101 than ten (10) days before sealed bids, letters of intent. or proposals are due. The
102 notice shall state, at a minimum, the date when sealed bids, letters of intent, or
103 proposals shall be received and whether the sale is with or without reservation.
104 Sealed bids, letters of intent, and proposals shall be received accompanied by
105 cashier's checks or certified checks payable to the city in an amount equal to at least
106 ten (10) percent of the disposition price.
107 3. Transfer to governmental aqencies. The city may sell or transfer any of its property
108 to any other governmental agency, if the city governing body determines that:
109 i. A transfer of the property to the other governmental agency shall provide a
1 10 benefit to the cit\/: and
111 ii. That the terms received by the city are fair and equitable.
112 4. Land swap with any private or public land owner provided the properties are
113 appraised at substantially the same value. In determining substantial value the City may
114 take into consideration the potential increase in value following the swami
115 (f) Proceeds from sale or transfer. Any proceeds derived from the sale of any land as
1 16 authorized in this subsection (b), shall be deposited in the general fund of the city, or such
1 17 other fund or account of the city as is determined by the finance director.
1 18 (g) Conveyance. In order to convey property pursuant to this subsection (b) the city governing
119 body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding
120 anything possibly to the contrary, the city may refect any and all offers, bids letters of intent
121 or proposals, or terminate negotiations at any time and choose not to dispose of property, and
122 nothing shall obligate the city governing body to adopt any necessary resolution.
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125 Section 3. Each and every other provision of Chapter 2, not herein specifically
126 amended shall remain in full force and effect as previously enacted.
127 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
128 same are hereby repealed.
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129 Section 5. Should any section or provision of this ordinance or portion hereof, any
130 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
131 such decision shall not affect the remainder of this ordinance.
132 Section 6. Authority is hereby granted to codify said ordinance.
133 Section 7. This ordinance shall become effective immediately.
134 FIRST READING this 16th day of November, 2021.
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136 SECOND, FINAL READING AND PASSAGE this �_ day of
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138 CITY OF BOYNTON BEACH, FLORIDA
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Mayor — Steven B. Grant
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Vice -Mayor — Woodrow L. Hay
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Commissioner —Justin Katz
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Commissioner —Christina L. Romelus
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Commissioner — Ty Penserga
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151 VOTE
152 ATTEST:
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1 Crystal Gibson,il MC
City Clerk
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158 (Corporate Seal)
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YES NO
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