12-009 II
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2 ORDINANCE NO. 12 -009
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
5 OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2
6 ADMINISTRATION, ARTICLE IV, SECTION 2 -56, AMENDING
7 PROVISIONS FOR THE SALE OF CITY OWNED REAL
8 PROPERTY EXCLUDING PROPERTY ACQUIRED BY THE
9 CITY FOR REDEVELOPMENT PURPOSES; PROVIDING FOR
10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
11 EFFECTIVE DATE.
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13 WHEREAS, Florida law allows municipalities, pursuant to their home rule powers, to
14 establish procedures for the sale of real property; and
15 WHEREAS, the City Commission has determined that the current procedures for the
16 ' sale of real property as set forth in Code Section 2 -56 do not provide sufficient flexibility and
17 therefore operate the inhibit the sale of real property to the detriment of the City; and
18 ' WHEREAS, the City Commission deems it to be in the best interest of the citizens
10' and residents of the City to amend Chapter 2. Section 2 -56.
2d NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, THAT:
22 Section 1. The foregoing whereas clauses are true and correct and are now ratified
23 i and confirmed by the City Commission.
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2 ; Section 2. Chapter 2. "Administration ", Article IV, "Purchasing and Consultants ",
26 j Section 2 -56 is hereby amended by adding the words and figures in underlined type, and by
27 deleting the words and figures in struck- through type, as follows:
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29 Sec. 2 -56. Purchasing agent, selection, duties; competitive bidding.
3C (a) The city commission shall appoint an officer or employee of the city, other than a
31 member of the city commission, as purchasing agent for the city who shall be responsible for
321 the purchase of all supplies, materials, equipment and other articles used by the municipal
3 i government. All purchases or sales of city property shall be subject to the approval of the city
3 j commission and shall conform to such regulations as the city commission may from time to
35 time prescribe.
36 (b) Personal property, commodities and services. Except as provided in section 2 -56.1,
37 all purchases or sales of personal property, commodities and services involving amounts in
3 excess of twenty -five thousand dollars ($25,000.00), or construction involving amounts of
3 seventy -five thousand ($75,000.00), shall be made only after the publishing of an
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1 advertisement of bids thereon in a newspaper of general circulation in the city at least one (1)
2 time, not less than ten (10) days prior to the date set for the reception of such bids, together
3 with such other notice as the commission may direct. The city commission shall have the
4 power to reject any and all bids submitted and received, and to waive any informalities in
5 connection with such bidding.
6 (c) Real property. Real property may be sold in the manner recommended by the City
7 Manager and determined by the City Commission to be in the best interest of the Citv. With
8 regard to the sale of any real estate owned by the city, regardless of the estimated value
9 thereeri. which has an appraised value exceeding $100,000.00 as determined by the most
10 recent valuation of the Palm Beach County Property Appraiser, no such sale shall be
11 conducted or consummated until such time as subject property has been appraised by a
12 disinterested qualified appraiser to be designated by the city commission for the purpose of
13 establishing a fair market value thereon. The sale of real property for less than the fair market
14 value shall require the approval by a vote of four -fifths (4/5) of the city commission. After
15 such appraisal shall have bee - - : nd fay , ar et value determined, the property
16 1 1 may be sold:
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18 I the adjacent property owner as:
19 ; - A. Buffer: or
20 . = nsion of the use to which the adjacent property owner is using the
211 adjacent property' at the time of sale: or
22 2. 1'o the highest bidder 1011ou a competitive bidding process as established by
23 1 the city administration.
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251; (d) The foregoing prop ision for sale of real property do not applv to real property
26 : located within the city's community redevelopment area if the property was acquired by the
27 City for the purposes of community redevelopment.
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located within the city's community redevelopment area which was acquired for
30 i purpoces other than community redevelopment prior to the creation of the city's
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33 Section 3. Each and every other provision of Chapter 2 of the Code of Ordinances
34 of the City of Boynton Beach not herein specifically amended shall remain in full force and
35 effect as previously enacted.
36 j Section 4. All ordinances or parts of ordinances in conflict herewith be and the
37' 1 same are hereby repealed.
381i Section 5. Should any section or provision of this ordinance or portion hereof, any
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1 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
2 such decision shall not affect the remainder of this ordinance.
3 Section 6. Authority is hereby granted to codify said ordinance.
4 Section 7. This ordinance shall become effective immediately upon passage.
5 FIRST READING this 1st day of May, 2012.
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7 SECOND, FINAL READING AND PASSAGE this 15 day of MAy , 2012.
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9 ! CITY OF BOYNTON BEACH, FLORIDA
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11 4 ■ . / _, ____ _�
12 Mayor . 1 s , , % -
13 �
14 --' A
15 _ • Me: J ack Mc ' ay
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18 ommis:ioner - William Orlove
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21 Commi : o ' er Steven zman
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23 k
24 i Co issioner - arlene Ross
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26 ATTEST:
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29 �I1n PR-CLA.1■44,D
2 9� or__._ :or__._ . 1
30 Jan; M. Prainito, MMC,
31 • Clerk
32 G` Y Ai-
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34 • L)
35 f
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