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21-030I ORDINANCE NO. 21 - 030 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 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. 9 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 14 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 17 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. 20 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 31 32 33 34 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. SACA\Ordinances\Disposal Of Real Property (Sec 2-56(C))(2nd Reading) - Ordinance.Docx -1- 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; S:\CA\Ordinances\Disposal Of Real Property (Sec 2-56(C))(2nd Reading) - Ordinance.Docx -2- 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. 123 124 125 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. S:\CA\Ordinances\Disposal Of Real Property (Sec 2-56(C)x2nd Reading) - Ordinance.Docx -3- 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. 135 136 SECOND, FINAL READING AND PASSAGE this �_ day of 137 138 CITY OF BOYNTON BEACH, FLORIDA 139 140 141 Mayor — Steven B. Grant 142 143 Vice -Mayor — Woodrow L. Hay 144 145 Commissioner —Justin Katz 146 147 Commissioner —Christina L. Romelus 148 149 Commissioner — Ty Penserga 150 151 VOTE 152 ATTEST: 153 2 154 1 Crystal Gibson,il MC City Clerk 57 158 (Corporate Seal) S SACA\Ordinances\Disposal Of Real Property (Sec 2-56(C))(2nd Reading) - Ordinance.Docx -4- YES NO t�