24-003 1 ORDINANCE NO. 24-003
2
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 AMENDED TO AMEND THE
6 PROCESS TO DISPOSE OF CITY-OWNED REAL PROPERTY; PROVIDING FOR
7 CONFLICTS,SEVERABILITY,CODIFICATION;AND AN EFFECTIVE DATE.
8
9 WHEREAS, the procedures set forth in the ordinance provide greater transparency to the
10 transfer of property and are intended to avoid any appearance of favoritism or undue influence in
11 opportunities to acquire City property and will also provide the added opportunity for public input
12 prior to a transfer;and
13
14 WHEREAS,more detailed procedures for the disposition of City-owned property will provide
15 more competitive opportunities for interested parties to acquire City property; and
16
17 WHEREAS,the City Commission finds it is in the best interest of the public to set forth more
18 detailed procedures for the disposition of public property.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
21 BOYNTON BEACH,FLORIDA,THAT:
22 Section 1. Each Whereas clause set forth above is true and correct and incorporated
23 herein by this reference.
24 Section 2. That Chapter 2, Article IV, entitled "Purchasing & Consultants," Section 2-
25 56(c) is hereby amended by adding the words and figures in underlined type and by deleting the
26 words and figures in struck-through type,as follows:
27 Sec.2-56.Purchasing agent,selection,duties;competitive bidding.
28 ...
29 (c) Disposition of city-owned property.
30 (1) Power to sell. The City Commission may authorize by resolution the sale, transfer, armor
31 swap of any real property,improved or unimproved,now owned or hereafter acquired by or owned
32 by the city,as provided herein.These procedures supplement any other procedures that may now or
33 in the future be applicable as provided by law or regulation.
34 (2) Disposal of property which that is sufficient in size and of such character as to comprise an
35 independent building site and,.hthat will involve a conveyance of the city's fee simple interest
36 These parcels typically enjoy access to a public right-of-way and are developable as building sites.
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
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37 a. Resolution declaring surplus. Before any improved or unimproved property owned by the
38 city shall be sold or otherwise disposed of pursuant to this subsection(2)12 the governing body shall
39 adopt a resolution declaring same surplus.
40 b. Determination concerning surplus. The city governing body shall review and consider the
41 following:
42 1. The legal description (by reference to a recorded plat or government survey);
43 2. The property address by street number,if there be any;
44 3. A description of all improvements located upon the land;
45 4. How said land has been used since same has belonged to the city;
46 5. The current use of the property;
47 6. How the property was acquired and financed;
48 7. The needs of the city;
49 8. Whether disposal is consistent with the City Comprehensive Plan;
50 9. The estimated property value;
51 10. Any relevant property history;
52 11. The property's title;and
53 12. Whether the disposal of the property is precluded by grant provisions of other agencies.
54 - . . . . - • - - • • - •_ • - - - ' _
55 - - - -: - • - - . . .
57 . . ., . .. . . . . . - - • - .
60c When appraisals are needed.
61 1. Any real property that the city proposes to sell or otherwise dispose of pursuant to thin
62 subsection(2)b must be appraised by two(2)independent appraisers,who are designated members
63 of the Appraisal Institute,if the property is estimated by the Palm Beach County Property Appraiser
64 to have a value that exceeds$1,000,000.00.
65 2. Any real property that the city proposes to sell or otherwise dispose of pursuant to this
66 subsection(2)b must be appraised by one (1) independent appraiser,who is designated member of
67 the Appraisal Institute,if the property is estimated by the Palm Beach County Property Appraiser to
68 have a value between$100,000.00 and$1,000,000.00.
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
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0
69 3. Any real property that the city proposes to sell or otherwise dispose of pursuant to this
70 subsection (2)12,wn which is estimated by the Palm Beach County Property Appraiser to have a
71 value below$100,000.00 shall not require an appraisal.
72 4. Notwithstanding subparagraphs 1-, 2:,and 3:above,no appraisal shall be needed:
73 i. Where the city acquired the property from Palm Beach County as a result of the tax sale
74 process and is returning such asset to the former owner or its successors and assigns;
75 ii. Where the city transfers the property to another governmental entity or agency; or
76 iii. Where the city is exchanging such real property with the private sector for a replacement
77 parcel determined by the city governing body to have similar utility and where the public interests
78 would be served.
79 d. Public hearing. For any property valued over$100,000.00,the city governing body
80 shall hold one(1)public hearing prior to adopting a resolution declaring the property as surplus.An
81 advertisement for such public hearing shall appear : • • • . • • :. : • : ••• • • . . . : • at least
82 ten seven(487) days prior to the hearing.The advertisement will contain the resolution title and the
83 date,time,and place of the hearing.The City Clerk shall advertise the proposed resolution for public
84 hearing by placing it on the City Connell Commission agenda and posting such agenda at least three
85 (3)business days prior to the City CelMell Commission meeting.
86 e. Methods of disposal.
87 1. Methods. The city may dispose of property pursuant to this, subsection (2)b utilizing the
88 following methods: negotiation, trade with other governmental entities or agencies, request for
89 letters of intent, sealed bids, or request for proposals. The city may retain professional real estate
90 services to aid in the disposal of property.
91 i. Negotiation. The city may negotiate the sale of real property with a particular person or
92 entity,and no further advertising will be needed to effect a transfer.
93 ii. Sealed bids,requests for letters of intent,and request for proposals.At any time no more
94 than ninety(90) days after the adoption of a resolution declaring the property surplus,the land may
95 be offered for public disposition,and a notice shall be published by the city i^ a n paper of gcncral
96 circulation in the city once not less than tenseven (487) days before sealed bids,letters of intent,or
97 proposals are due.The notice shall state,at a minimum,the date when sealed bids,letters of intent,
98 or proposals shall be received and whether the sale is with or without reservation.Sealed bids,letters
99 of intent,and proposals shall be received accompanied by cashier's checks or certified checks payable
i 00 to the city in an amount equal to at least ten (10) percent of the disposition price.
i 01 iii. Transfer to governmental agencies. The city may sell or transfer any of its property to
i 02 any other governmental agency,-if the city governing body determines that:
i 03 A. A transfer of the property to the other governmental agency shall provide a benefit to
i 04 the city; and
i 05 B. That the terms received by the city are fair and equitable.
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
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i 06 , iv. Land swap with any private or public land owners provided the properties are appraised
07 at substantially the same value.In determining substantial values the city may take into consideration
i 08 the potential increase in value following the swap.
i 09 f. Proceeds from sale or transfer.Any proceeds derived from the sale of any land,as authorized
i 10 in this subsection(2)1_2,shall be deposited in the general fund of the city,-or such other fund or account
i 11 of the city as is determined by the Finance Director.
12 g. Conveyance.In order to convey property pursuant to this subsection(2)12,the city governing
13 body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything
i 14 possibly to the contrary,the city may reject any and all offers,bids,letters of intent, or proposals,,-or
i 15 terminate negotiations at any time and choose not to dispose of property,and nothing shall obligate
i 16 the city governing body to adopt any necessary resolution.
i 17 Section 3. Each and every other provision of Chapter 2,not herein specifically amended,
118 shall remain in full force and effect as previously enacted.
1 19 Section 4. All ordinances or parts of ordinances in conflict herewith be,and the same are
120 hereby repealed.
IL
21 Section 5. Should any section or provision of this ordinance or portion hereof, any
12paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
123 decision shall not affect the remainder of this ordinance.
24 Section 6. Authority is hereby granted to codify said ordinance.
25 Section 7. This ordinance shall become effective immediately.
26 FIRST READING this 6th day of February,2024.
27 SECOND,FINAL READING AND PASSAGE this d day ofb �( ,2024.
128 J
129 CITY OF BOYNTON BEACH,FLORIDA
130 YES/ NO
131 Mayor-Ty Penserga �/
132
133 Vice Mayor- Thomas Turkin /
134 ,/
135 Commissioner-Angela Cruz
136
137 Commissioner-Woodrow L. Hay
138
139 Commissioner-Aimee Kelley V
140 5-
141 VOTE
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
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142 ATTEST:
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144
145
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146 Mayle: I • ;sus, MM Ty P- e
147 City Cle Mayor,'
148
149 APPROVED AS TO FORM:
150 (Corporate Seal) sof 60YNt �%�
152 151 \�;'•GORPO TF••��,Il iLi6
153 ; UNSEAL )2 ;
Shawna G. Lamb
154 1111 1920x•
.• City Attorney
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
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Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City's website by the time notice of the
proposed ordinance is published.
Proposed ordinance's title/reference:
Proposed Ordinance
Disposal of City Owned Real Property
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
Applicable Exemptions:
E l The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 166.041(4)(c), Florida Statutes.
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In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:
1. A summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals and welfare):
Summary of the proposed ordinance
The proposed Ordinance changes the method by which the City evaluates and disposes
of real property.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
None
(b) Any new charge or fee imposed by the proposed ordinance -or for which
businesses will be financially responsible:
None
(c) An estimate of the City's regulatory costs, including estimated revenues from
any new charges or fees to cover such costs.
None
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Good faith estimate
None
4. Additional information the governing body deems useful (if any):
Additional information the governing body deems useful(if any):
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[You may wish to include in this section the methodology or data used to prepare the
Business Impact Estimate. For example: City staff solicited comments from businesses
in the City of Boynton Beach as to the potential impact of the proposed ordinance by
contacting the chamber of commerce, social media posting, direct mail or direct email,
posting on the City's website, public workshop, etc. You may also wish to include efforts
made to reduce the potential fiscal impact on businesses. You may also wish to state
here that the proposed ordinance is a generally applicable ordinance that applies to all
persons similarly situated(individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
None
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