HomeMy WebLinkAboutO-95-28ORDINANCENO. 0-~5'~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-93
OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, FLORIDA; TO AUTHORIZE THE CITY OF
SEBASTIAN EXCHANGE OF REAL PROPERTY WITH OTHER
PARTIES; PROVIDING FOR THE REVISION OF THE
PROCEDURES ON THE CONVEYANCE OF REAL PROPERTY
IN ABANDONMENT OF REAL PROPERTY INTEREST iN
CITY OWNED PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 166 of the Florida Statutes vests in the City
of Sebastian the home rule power to establish procedures and
policies for the distribution of real property; and
WHEREAS, the City Council of the City of Sebastian finds it in
the public interest to revise the policies and procedures which it
currently has in force on the conveyance for real property; and
WHEREAS, the City Council of the City of Sebastian has
determined it is the best interest of the health, safety, and
general welfare of the community to so amend the Code of
Ordinances, City of Sebastian, Florida.
NOW THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
$~tion 1. The Code of Ordinances, City of Sebastian,
Florida, is hereby amended by changing Section 2-93 to read as
follows:
Section 2-93 Sale, exchange or abandonment of city property.
(a) Personal Property. If, upon recommendation of the
respective department head, the city manager has determined that
personal property owned by the city is no longer needed or is
obsolete, the property may be sold by bid or by auction. Notice of
sale shall be published once in a newspaper of general circulation
in the city. The city manager shall establish a price, or
determine sale by auction; however, if the depreciated value of any
personal property is in excess of $4,000.00, approval of the city
council is required prior to such sale.
(b) Real Property. When the city council has determined that
any real property which is owned by the city should be sold it is
no longer needed for .city purposes, ~uch property may be sold by
bid or by auction with reserve. Notice of sale shall be published
once a week for at least two weeks in a newspaper of general
circulation in the city calling for bids and specifying the terms
of purchase, including the minimum price, if any. If a suitable
offer to purchase is not received, the city may terminate the sale
procedure and may reinitiate such procedures if desired.
(c) Exchange of Real Property. When the city council finds it
is in the public interest to exchange real property owned by the
city for other real property needed to fulfill a city purpose, the
city council shall adopt an ordinance authorizing the exchange
such terms and conditions as the .city finds is in the public
(d) Abandonment of Interest in Real Property. The city may
abandon any city-held easement or city interest in real property by
adopting an ordinance declaring the interest abandoned. In the
case of ~ utility or drain~qe easements, or an easement loca%ed on
the rear lot line or side lot line of a lot located in a platt~
sub.division the abandonment may be by adopting a resolution to
abandon such easements.
(e) Bidding Procedures. The bidding procedures set forth in
section 2-92, for purchasing items shall apply to subsections (a)
and (b) of this section if the item is offered for sale by bid.
~ection 2. Conflicts. All other Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
~ Co4ification. It is the intention of the City
Council of the City of Sebastian, Florida, that the provisions of
this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Sebastian, Florida, and that the sections
of this Ordinance may be renumbered, relettered, and the word
"ordinance" may be changed to "Section", "Article", or such other
word or phase in order to accomplish such intention.
Section 4. Severability. If any clause, section, or other
part or application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applications, which shall remain in full force and
effect.
~ectioB._~. Effective Date. This Ordinance shall become
effective immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
PASSED AND ADOPTED BY THE CITY COUNCIL/OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1995.
The foregoing Ordinance was moved for adoption by
Councilmember ~ ._~. . The motion was seconded by
Councilmember ~ ,~~~, and, upon being put into a
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed and
Kathr~n M. o~Halloran, CMC/AAE
CITY
by:
Arthur L. Firtion, Mayor
(seal)
Approved as to Form and Content:
~l~l~{on A. McClelland, Jr.
City Attorney