The URL can be used to link to this page

Home My WebLink About02-018ORDINANCE NO; 02-18 AN ORDINANCE OF THE BOARD OF coUNTY COMMT55IONER5 OF ST. LUCIE COUNTY, FLORIDA, CREATING CHAPTER 1-16.2, "PUBLIC PROPERTY", CREATING ARTICLE I, ST. LUCIE COUNTY CODE AND COMPILED LAWS, ENTITLED DISPCiSITION OF SURPLUS REAL PROPERTY; CREATING SECTION !- 16.2-1, ENTITLED PURPOSE; CREATING SECTION 1 - 16.2- 2, ENTITLED DECLARATION OF SURPLUS PROPERTY;~ CREATING JSEC'I"rON !- !6.2-3, ENTITLED PEACES5 BY WHICH INTERESTED PERSON5 MAY ACQUIRE SURPLUS PROPERTY; CREATING SECTION 1- 16.2-4, ENTITLED STANDARDS OF COMP~I'~ NOTICE OF DISPOSAL; CREATING ENTITLED NEGOTIATION PROCEDURE. 1-16.2-6, ENTITLED NOTIFICATION INTERESTED PARTIES; PROVIDING PROVIDING FOR INCLUSION IN TH CODE; PROVIDING AN EFFECl-iVE DATI: 5ECTIO~ CREA TIt OF DISPC FOR 5E ST. LU( :TION AND 1-16.2-5, SECTION ~SITION TO ~/ERABILITY; COUNTY WHEREAS, section 125.35, Florida 5tatu~es, governs the way in which a county is permitted to sell or convey real propertyowned by tF e county; and WHEREAS, the Florida Legislature recently amenced section 125.35, Florida Statutes, to provide counties with an alternative m,;thod to selling and conveying real property owned by the county; and ~ WHEREAS, the amendment to section :~25.3§, FloriDa Statutes, allows counties to prescribe by ordinance disposition standards and procedures for ioners now d~esires to enact such is in the best interest of the ED by the Board of County surplus real property; and WHEREAS, the Board of County Commiss an ordinance and finds that such an ordinance citizens of St. Lucia County, Florida. NOW, THEREFORE, BE IT ORDAIN Commissioners of St. !Lucia County, Florida, as foil, (:3 C3 PART A. Recitals. The foregoin9 relcitals are true and correct and incorporated herein by reference. ' PART B. Creation. created, Article I, St. Lucia County Code, entitled bisposil~ion of Surplus Property of Chapter 1-16.2 is hereby created to r~ad as followS: ARTICLE T. DZSPOSTTION OF SURPLUS REAL PROPERTY Section 1 - 16.2-1 Purpose. Chapter 1-16.2 'tPUBLIC PROPERTY' is hereby Real This Article i~s created for the purpos, disposition of surplu.~ County real property in ac Florida Statutes. Section 1 - 16.2- 2 Declaration of surplus proper~ (a) When thee Board of County Commissic owned by the County is unusable or not needed roi declare the real proplerty to be surplus property surplus, the property may be sold, dedicated, dc interested parties pi4rsuant to the terms of ti surplus property shalli be recorded in the minutes of establijshing a method of :ordance wil~ih section 125.35(3). ye nors finds ti~at any real property ' County pur; oses, the Board may . Once the. Iroperty is declared ,noted or oti~erwise conveyed to lis Article. The declaration of )f the Boarc (b) Once th~ real property is declared ~urplus by l~he Board of County Commissioners, the unty Cp Administrator or desiDnee shall h~ve the authority to sell the property to the highest and best bidder. A de~d transferring the property to the highest and best bidder shall be presented to ,the Chairman of the Board of County Commissioners for signature witl Board beinq required. The County Administra authority to reject all bids if the bids ore detert best interest of the iCounty. In the event the C: desires to transfer the property to a person o bidder, the matter sl~ll be presented to the Boar, 2 ~out any fur' tar or desi~ nined to be aunty Admi~ ther than t for approv ~her approval of the nee shall have the aa Iow or not in the istrator or designee le highest and best il. Section 1-16.2-3Precess by which interested persons ~oy acquire surplus property. / (o) Any person, corporation, governmental b~dy, or other legal entity may request to acquire su~'plus real property by submitting o lette~r of interest to the County Administrate? or designee. The let~r shall include the following information: (1) name of ~he person or legal entity interested in tl~e property; ! (2) the reason for acquiring the property, i.e., personal, charitable, governmental, etc.; (3) the proposed purchase price; and (4) the legali description, the alternate :ey number c~nd, if available, the street address of the~ property; and (5) any othe~' information the person deel~s relevant. (b) Upon receipt of, the letter of interest, the COunty Admit istrotor or designee shall verify whetheri the property has in fact ~been declor~;d surplus. If the property has not beerI declared surplus, the County Administra'ror or designee shall make o determination as to whether the property is needed or County purposes. If the property is nq longer needed, then the Cgunty Admir istrotor or designee shall request the Boald of County Commissionerslto declare '~e property surplus. Once the property is Ideclared surplus, then the C~ounty Administrator or designee shall seek to dispose of the property in accqrdance witF the standards of competition set forths, in this Article. (c) The County may, on its own initiative, clispose of surplus property by following the standards of competition. St0ndards of competition and notice of djsposal ~er~ty valued more than $2§,0C0, as appraii:;ed b~ , tqe County may sell the pr¢~perty to the higl ~lli~g for bids shall be published in a newspap Section ! - [ 6. :>-4 (o) For real pro the Property Appraiser's Office, hest and best bidder. Notice col )er of general circulation once each,week for two ('2) consecuti~ the option to convey .the property to the highes~ procedure applies regardless of whether the surp on the County's own initiative or upon receiving (b) For real proper~ty valued at $50,000 or mo ,e weeks. The County shall have bidder or reject all bids. This lus property tter of inter ~e, as appra is being disposed of 'est. sad by the Property Appraiser, the County shall have the property designated by a fee appraiser desiqnated by the C. (c) Alternatively, for real property appraised Appraiser's Office, the County may negotiate the an interested person. The County shall send notio by certified mail indiqating the County's desire to within ten (lO) business days after receiving suc owners indicate their, desire to purchase the pr sealed bids for the property from the interestec convey the property ira the highest bidder or applies regardless ofi whether the surplus prope County's own initiativei or upon receiving a letter of id) The County, re~lardless of the appraised va such property to another governmental entity or c sale for such price as the Board of County Commis shall be done in accordance with section 1;>5.38, Fh ~'e-appraised ~unty. by a fee appraiser under $25/00 by the Property private sale of the property to to all adjac dispose of t h notice, ar operty, the I parties. 1 'eject all bi Section ]1 - ! 6.2- 5 Nelqotiation procedures. -ty is being interest. lue of the pi haritable in: sioners may ~rida Statut~ ~nt property owner.~ ~e real property. If, ? adjacent property County shall accept he County may then Is. This procedurm disposed of on the 'operty, may convey ,itution at a private :ix. The conveyance ia) ]Zn negotiating the terms and conditions of the disposal .~f surplus property, the County Administrotor or designee shall take into consideration the followin,a factors: The appr¢ised value of the real proper (2) The condition of the real property, ar seekinq to acquire the property will have to expE useable, or, to bring i~he property into compliance of Ordinances. 4 'ty; d the extenl nd funds to with the St to which the party make the property . Lucia County Code (3) The proposed use of the party seekin. (b) In no event shall the disposition of surplu County Comprehensive Plan or the zoning regulatiol Section :~-:~6.2-6 Nc~tification of disposition to ~ to acquire the property. property V]iolate the St. Luci~. of St. Luciie County, Florida. interested The County Administrator or desiqnee shall publish a n of qeneral circulation once at least twen;ty (20) days prior to Commissioners' hearin~ in which the real propert~ is to be d~ notice shall contain a description of the surplus property sougF ee to whicF of the Boar disposition )riot to the decision. the name of the County Administrator or design addressed, and the dPte of the regular meeting final action is to be taken. Objections to the fine shall be made in writir~g no later than ten (10) days shall be given to the BOard prior to making its final PART C. Severability. If any section, Subsection, sentence, clause, )hrase, worc ordinance is for any reason held invalid or un :onstitutionc competent jurisdiction, whether for substantive, )rocedural, such portion shall be deemed a separate, distinc' and indepe such holding shall not affect the ordinance. PART b. Znclusion in the Code. n_rties. ~tice in a newspaper · he Board of County :bred surplus. The t to be disposed of, objections shall be in which proposed of surplus property :inal disposition and or provision of this by any court of any other reason, Ident provision, and validity of ~he remainlr~g portions of this It is the intention of the Board and it is hereby providec that the provisions of Parts A and B of this ordinance shall be made~ a part of t~e St. Lucia County Code of Ordinances; that the sections of this o~dinance ma' be renumbered or relettered ,,to accomp,,lish such intention; and that the word "ordinance" may be changed to section", article", or other appropriatedesignatio~ PART E. Filing by Clerk. The Clerk shall jfile a certified copy of this ordinance w th the Department of State within ten (10) days after enactment. 5 PART F. Effective bore. This ordinance shall become effective immediately upon filing with "the Department of State. PASSED AND DULY ADOPTED this Z8th day of ,Tune, ATTEST-' ,ST. LUCZE COUNTY, FLoI~I)A Chais,/man APPROVED CORI; BY: ~ ~0 FOR~A AND County~,~ 'ney 6