HomeMy WebLinkAbout11-014
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1 ORDINANCE NO. 11-014
2 AN ORDINANCE AMENDING 1-16.2-4 OF THE CODE OF
3 ORDINANCES OF ST. LUCIE COUNTY "DISPOSITION
4 OF SURPLUS REAL PROPERTY"; AMENDING
5 PROCEDURE FOR DISPOSITION OF SURPLUS REAL
6 PROPERTY WHIH IS UNBUILDABLE; AMENDING
7 PROCEDURE FOR DISPOSITION OF REAL PROPERTY
8 WHICH IS VALUED AT LESS THAN TWENTY-FIVE
9 THOUSAND DOLLARS; PROVIDING FOR CONFLICTING
10 PROVISIONS; PROVIDING FOR SEVERABILITY;
11 PROVIDING FOR APPLICABLIITY; PROVIDING FOR
12 FILING WITH THE DEPARTMENT OF STATE;
13 PROVIDING EFFECTIVE DATE; PROVIDING FOR
14 ADOPTION; AND PROVIDING FOR CODIFICATION.
15 WHEREAS, Section 125.35, Florida Statutes, allows counties to prescribe by ordinance
16 disposition standards and procedures for surplus real property; and
17 WHEREAS, the Board adopted such procedures in Ordinance No. 02-18; and
18 WHEREAS, the Board wishes to modify the procedures for disposition of property
19 which is unbuildable or valued at less than twenty-five thousand dollars.
20 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
21 of St. Lucie County, Florida:
22 PART A. Chapter 1-16.2 of the Code of Ordinances of St. Lucie County, Florida, is
23 amended as follows:
24 ARTICLE I. DISPOSITION OF SURPLUS REAL PROPERTY
25
26 Sec. 1-16.2-1. Purpose.
27 This article is created for the purpose of establishing a method of disposition of surplus County
28 real property in accardance with section 125.35(3), Florida Statutes.
29
30 Sec. 1-16.2-2. Declaration of surplus property.
31 (a) When the board of county commissioners finds that any real property owned by the county
32 is unusable or not needed for county purposes, the board may declare the real property to be
33 surplus property. Once the property is declared surplus, the property may be sold, dedicated,
34 donated or otherwise conveyed to interested parties pursuant to the terms of this article. The
35 declaration of surplus property shall be recorded in the minutes of the board.
~ea~gM portions are deleted. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
Underlined portions are added. FILE # 3592424 05/16/2011 at 1D:11 AM
OR BOOK 3293 PAGE 2960 - 2964 Doc Type: ORDN
RECORDING: $44.00
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36 (b) Once the real property is declared surplus by the board of county commissioners, the county
37 administrator or designee shall have the authority to sell the property to the highest and best
38 bidder. A deed transferring the property to the highest and best bidder shall be presented to the
39 chairman of the board of county commissioners for signature without any further approval of the
40 board being required. The county administrator or designee shall have the authority to reject all
41 bids if the bids are determined to be too low or not in the best interest of the county. In the event
42 the county administrator or designee desires to transfer the property to a person other than the
43 highest and best bidder, the matter shall be presented to the board for approval.
44
45 Sec. 1-16.2-3. Process by which interested persons may acquire surplus property.
46 (a) Any person, corporation, governmental body, or other legal entity may request to acquire
47 surplus real property by submitting a letter of interest to the county administrator or designee.
48 The letter shall include the following information:
49 (1) Name of the person or legal entity interested in the property;
50 (2) The reason for acquiring the property, i.e., personal, charitable, governmental, etc.;
51 (3) The proposed purchase price;
52 (4) The legal description, the alternate key number and, if available, the street address of the
53 property; and
54 (5) Any other information the person deems relevant.
55 (b) Upon receipt of the letter of interest, the counry administrator or designee shall verify
56 whether the property has in fact been declared surplus. If the property has not been declared
57 surplus, the county administrator or designee shall make a determination as to whether the
58 property is needed for county purposes. If the property is no longer needed, then the county
59 administrator or designee shall request the board of county commissioners to declare the
60 property surplus. Once the property is declared surplus, then the county administrator or
61 designee shall seek to dispose of the property in accordance with the standards of competition set
62 forth in this article.
63 (c) The county may, on its own initiative, dispose of surplus property by following the
64 standards of competition.
65
66 Sec. 1-16.2-4. Standards of competition and notice of disposal
67 (a) For real property valued more than $25,000.00, as appraised by the property appraiser's
68 office, the county may sell the property to the highest and best bidder. Notice calling for bids
69 shall be published in a newspaper of general circulation once each week for two (2) consecutive
70 weeks. The county shall have the option to convey the property to the highest bidder or reject all
71 bids. This procedure applies regardless of whether the surplus property is being disposed of on
72 the county's own initiative or upon receiving a letter of interest.
73 (b) For real property valued at $50,000.00 or more, as appraised by the property appraiser, the
74 county shall have the property re-appraised by a fee appraiser designated by a fee appraiser
75 designated by the county. The county may then dispose of the propertv through the procedure
76 outlined in Section 1-16.2-4 (a).
77
78 (c) Alternatively, for real property appraised under $25,000.00 by the property appraiser's
79 office, the county may negotiate the private sale of the property to an interested person. The
80 county shall send notice to all adjacent property owners by certified mail indicating the county's
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81 desire to dispose of the real property. The count~ay then effect a sale and conveyance of the
82 parcel at private sale to an adjacent propertv owner without receiving bids or publishin~ notice.
83 If, within ten (10) business days after receiving such notice, ~ two or more adjacent property
84 owners indicate their desire to purchase the property, the county shall accept sealed bids for the
85 property from the interested parties. The county may then convey the property to the highest
86 bidder or reject all bids. This procedure applies regardless of whether the surplus property is
87 being disposed of on the county's own initiative or upon receiving a letter of interest. If no
88 adjacent property owners express interest in purchasin~ the property, the county may dispose of
89 the property throu h~ the procedure outlined in Section 1-16.2-4 (a).
90
91 ~d) Alternatively when a parcel of real propertv is of insufficient size and shape or is otherwise
92 unable to be issued a building,permit for any type of development to be constructed on the
93 propertv the county may ne~otiate the private sale of the property to an adjacent propertv owner.
94 Such parcels mav only be sold or conveyed to adjacent property owners. The county shall send
95 notice to all adjacent property owners by certified mail indicatin~ the county's desire to dispose
96 of the real propertv and requestin~ interested adjacent property owners to submit to the Count~
97 letter of interest. The county may then effect a sale and conveyance of the parcel at private sale
98 to an adjacent propertv owner without receiving bids or publishing notice. If two or more
99 adiacent property owners express interest in acquirin the propertv, the County shall evaluate the
100 letters of interest and mav convey the property to the adjacent property owner the County deems
101 most a~propriate considering the unique location of the surplus property. This procedure applies
102 re~ardless of whether the surplus property is bein~ disposed of on the county's own initiative or
103 u~on receiving a letter of interest.
104
105 ~The county, regardless of the appraised value of the property, may convey such property
106 to another governmental entity or charitable institution at a private sale for such price as the
107 board of county commissioners may fix. The conveyance shall be done in accordance with
108 section 125.38, Florida Statutes.
109
110 Sec. 1-16.2-5. Negotiation procedures.
111 (a) In negotiating the terms and conditions of the disposal of surplus property, the county
112 administrator or designee shall take into consideration the following factors:
113 (1) The appraised value of the real property;
114 (2) The condition of the real property, and the extent to which the party seeking to acquire the
115 property will have to expend funds to make the property useable, or, to bring the property into
116 compliance with the St. Lucie County Code of Ordinances; and
117 (3) The proposed use of the party seeking to acquire the property.
118 (b) In no event shall the disposition of surplus property violate the St. Lucie County
119 Comprehensive Plan or the zoning regulations of St. Lucie County, Florida.
120
121 Sec. 1-16.2-6. Notification of disposition to interested parties.
122 The county administrator or designee shall publish a notice in a newspaper of general circulation
123 once at least twenty (20) days prior to the board of county commissioners' hearing in which the
124 real property is to be declared surplus. The notice shall contain a description of the surplus
125 property sought to be disposed of, the name of the county administrator or designee to which
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126 objections shall be addressed, and the date of the regular meeting of the board in which proposed
127 final action is to be taken. Objections to the declaration of surplus property shall be made in
128 writing no later than ten (10) days prior to the hearing in which the real property is to be declared
129 surplus and shall be given to the board prior to making its final decision.
130
131 PART B. CONFLICTING PROVISIONS.
132 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
133 County, County ordinances and County resolutions, or parts thereof, in conflict with this
134 ordinance are hereby superseded by this ordinance to the extent of such conflict.
135 PART C. SEVERABILITY.
136 If any portion of this ordinance is for any reason held or declared to be unconstitutional,
137 inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
138 this ordinance or any provision thereof shall be held to be inapplicable to any person, property,
139 or circumstance, such holding shall not affect its applicability to any other person, property, or
140 circumstance.
141 PART D. APPLICABILITY OF ORDINANCE.
142 This ordinance shall be applicable in the unincorporated area of St. Lucie County.
143 PART E. FILING WITH THE DEPARTMENT OF STATE.
144 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
145 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
146 PART F. EFFECTIVE DATE.
147 This ordinance shall take effect upon filing with the Department of State.
148 PART G. ADOPTION.
149 After motion and second, the vote on this ordinance was as follows:
150 Chris Craft, Chairman AYE
151 Chris Dzadovsky, Vice Chairman ABSENT
152 Commissioner Paula A. Lewis AYE
153 Commissioner Frannie Hutchinson AYE
154 Commissioner Tod Mowery AYE
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155 PART H. CODIFICATION.
156 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled
157 Laws and the word "ordinance" may be changed to "section", "article", or other appropriate
158 word, and the sections of this ordinance may be renumbered or relettered to accomplish such
159 intention; provided, however, that parts B through H shall not be codified.
160 PASSED AND DULY ADOPTED this 3rd day of May 2011.
161 BOARD OF COUNTY COMMISSIONERS
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162 ATTEST: ,~t~~~~` ~`'~~~~~T. LU E OU , FLORIDA
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164 Deputy Cle k~ ~y : 't Chair
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165 PPROVED AS TO FORM AND
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166 . L~~~E C~~~ CORRECTN SS ~
167 BY:
168 County Attorne
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RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES. KURT S. BROWNING
Governor Secretary of State
May 24, 2011
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Ave
Fort Pierce, Florida 34982
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Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated May 13, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-014 and 11-016,
which were filed in this office on May 20, 2011.
Sincerely,
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Liz Cloud
Program Administrator
LC/vm
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
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CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
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