03-002ORDINANCE NO. 03- OC~O~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 2 ADMINISTRATION,
ARTICLE IV, SECTION 2-56 PROVIDING FOR
AMENDMENT TO PROCEDURES FOR THE
SALE OF SURPLUS CITY OWNED REAL
PROPERTY; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City Commission deems it to be
in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-56
to provide for an alternative procedure for the sale of surplus City owned real property when
the property is contiguous to developed property and the sale would facilitate the
construction of buffers to or extensions of the business or other use existing on the adjacent
property; and
WHEREAS, the City Commission has determined that the current procedure
requiring competitive bidding for surplus property serves no public purpose when the surplus
property is of such size and configuration that its highest and best use would be to assemble
the City owned property with adjacent developed property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, THAT:
Section 1. Chapter 2. "Administration" is hereby amended by adding the words and
figures in underlined type, and by deleting the words and figures in struck-through type, as
follows:
Sec. 2-56. Purchasing agent, selection, duties; competitive bidding.
The City Commission shall appoint an officer or employee of the city, other than a member
of the City Commission, as purchasing agent for the city who shall be responsible for the
purchase of all supplies, materials, equipment and other articles used by the municipal
government. All purchases or sales of city property shall be subject to the approval of the
City Commission and shall conform to such regulations as the City Commission may from
time to time prescribe.
Personal Property, Commodities and Services
Except as provided in section 2-56.1 all purchases or sales of personal property, commodities
and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or
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construction involving amounts of seventy-five thousand ($75,000.00), shall be made only
after the publishing of an advertisement of bids thereon in a newspaper of general circulation
in the city at least one (1) time, not less than ten (10) days prior to the date set for the
reception of such bids, together with such other notice as the commission may direct. The
city commission shall have the power to reject any and all bids submitted and received, and
to waive any informalities in connection with such bidding.
Real Property
With regard to the sale of any real estate owned by the city, regardless of the estimated value
thereof, no such sale shall be conducted or consummated until such time as subject property
has been appraised by a disinterested qualified appraiser for the purpose of establishing a fair
market value thereon. The sale of real property for less than the fair market value shall
require the approval by a vote of 4/5 of the City Commission. After such appraisal shall have
been completed and a fair market value determined, the property may be sold:
1. To the owner of adjacent developed property if the City property is to be used
by the adjacent property owner as:
A. buffer or
B. for an extension of the use to which the adjacent property owner is
using the adjacent property at the time of sale; or
2. To the highest bidder following a completive bidding process as established
by the City administration.
Section 2. Each and every other provision of Chapter 2 of the Code of Ordinances of the
City of Boynton Beach not herein specifically amended shall remain in full force and effect
as previously enacted.
Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 4. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this ordinance.
Section 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
FIRST READING this 4 day of F~-u.o..t-~/ , 2003.
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SECOND, FINAL READING AND PASSAGE this I~ day of__
,2003. CITY OF/~OYNT(~ BEACH, FLORIDA
(CORPORATE SEAL)
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