4482 Methods for Acquisition & Disposition of Real PropertyOrdinance No. 2019-4482
An Ordinance of the City of Sanford, Florida relating to the means
and methods of the acquisition and disposition of real property;
providing for legislative findings and intent; providing for regulations
and processes; amending Section 10.0 of Schedule "E" of the Code
of Ordinances of the City of Sanford (Land Development
Regulations) while enacting police power regulations relating to
charitable donation bins; providing for permitting, regulations,
prohibitions and implementing administrative actions; providing for
enforcement; providing for a savings provision; providing for
conflicts; providing for severability; providing for codification as well
as the correction of scrivener's errors and providing for an effective
date.
Be it enacted by the People of the City of Sanford:
Section 1. Real property acquisitions, authority. The following provisions
are added as all new language to the Code of Ordinances of the City of Sanford:
Real property acquisitions, authority.
The City may acquire, own and hold real property within or outside the City
boundaries by any lawful means or conveyance and may exercise all means, manners,
rights and powers in the acquisition, ownership and holding of real property as if the City
were a private person with such acquisitions, consistent with the provisions of the City
Charter, being implemented in accordance with this Ordinance and other controlling
law.
Real property acquisitions, form; procedure.
(a). The City may acquire, own and hold real property by warranty or quitclaim
deed, easement, grant, permit, license, deed of trust, mortgage, contract of sale of real
property, plat dedication, lease, tax deed, will, or any other lawful method or mode of
conveyance or grant.
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(b). Real property that is acquired shall vest and be held and titled in the name
of the City.
(c). Unless otherwise provided by the City Commission, the City shall
purchase marketable title in the real property.
(d). The City Manager, in consultation with the City Attorney, is authorized to
obtain title insurance, to execute any instruments and to take all steps necessary to
complete and close the purchase and acquisition of real property. As assisted by the
City Attorney, the City Manager may determine that title insurance is not necessary in
particular cases and situations.
(e) . The City Manager, in consultation with the City Attorney, may propose to
have real property acquired by the City to be appraised or may determine that such
appraisal of real property is not necessary and that the costs of such action can be
avoided and that the procurement of real property may proceed without any appraisal of
real property being accomplished.
(f). The City may acquire real property by exercise of the powers of eminent
domain, adoption of a resolution and necessity and declaration of taking, all by actions
of the City Commission, in the performance of an authorized power or function of the
City in accordance with controlling State law.
(g). The City Manager may procure real property interests without City
Commission approval provided that the amount expended for the acquisition does not
exceed the amount of spending authority authorized to be implemented by the City
Manager under the City's Purchasing Policies and Procedures.
(h). All acquisitions of real property interests in excess of the level of spending
authority authorized to be implemented by the City Manager under the City's Purchasing
Policies and Procedures shall be presented to the City Commission for approval.
(i). The form of any conveyance and closing documents shall be approved by
the City Attorney prior to recording in the Official Records (Land Records).
0). The City shall comply with all required State laws, rules and regulations
relating to property acquisition, if applicable, and when subject to grant conditions or
obligations of a like nature, the City shall comply with pertinent grant requirements and
conditions.
Disposal of real property interests.
(a). The City Manager may dispose of surplus City real property not needed by
the City to accomplish a public purpose at appraised value of the real property with the
concurrence of the City Attorney when the appraised value of the property is within the
level of spending authority authorized to be implemented by the City Manager under the
City's Purchasing Policies and Procedures. The appraised value of real property may be
determined by procurement of an independent appraisal report or by using the value of
the property as determined by the Seminole County Property Appraiser and adding 15%
of that amount to that amount.
(b). With regard to properties which are valued in excess of the amount
established by Subsection (a), the City Manager shall present such disposals to the City
Commission for approval.
(c). Without City Commission authority, the City Manager may grant
easements, licenses and rights of entry to other governmental entities upon request by
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such entities said grants being in a form approved by the City Attorney. The City
Manager may bring any such action before the City Commission for approval as he or
she deems appropriate.
Exemption from competitive bidding.
Because of the unique nature of real property and its means of acquisition and
use, the City is not required to acquire or dispose of real property by competitive
Section 2. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance.
Section 3. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to property
acquisition and disposal, as well as any and all actions and activities of the City
pertaining thereto or of an associated nature, are hereby ratified and affirmed.
Section 3. Codification; Scrivener's Errors.
(a). Section 1 of this Ordinance shall be codified and all other sections shall
not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
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may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 5. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 6. Effective Dat4l
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 25th day of February, 2019.
Attest. -
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Traci Houchin, CIVIC, FORM, City Clerk
Approved as to form and
Legality:
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Vvdiarn L. Colbert, Esquire
City Attorney
City Commission of the City of
Sanford, Florida, Se i ole County,
Florida. I
Jeff Triplett,
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