Fort Walton Beach — 1898--Chester Pruitt-Disposition of Property

READING DATE 1st 2nd ORDINANCE 1898 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, AUTHORIZING THE DISPOSITION OF REAL PROPERTY LOCATED AT 15 CARSON DRIVE SE ( CHESTER PRUITT RECREATION CENTER), DESCRIBED HEREIN, TO GREGG CHAPEL AME CHURCH AND AUTHORIZING AND DIRECTING CLOSURE BY THE MAYOR, CITY MANAGER, CITY ATTORNEY, AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Section 2. 00.05 of the Code of Ordinances. The City intends to transfer City owned - property located at 15 Carson Drive SE to Gregg Chapel AME Church. The City has no future need for the property and has obtained an independent fair -market appraisal. The property is a 1. 50 -acre parcel located at 15 Carson Drive SE and is currently -listed as Parcel ID Nos.: 1. 13- 2S - 24- 0270 - 0002 - 0050 2. 13- 2S- 24- 0270- 0002- 0060 3. 13- 2S- 24- 0270- 0002- 0070 4. 13- 2S - 24- 0270 - 0002 - 0080 5. 13- 2S- 24- 0270- 0002- 0090 6. 13- 2S- 24- 0270- 0002- 01 00 7. 13 -2S- 24- 0270- 0002- 01 10 8. 13- 2S -24- 0270 -0002 70120 9. 13- 2S -24- 0270 -0002 -012A Section 2. Property Description The property located at 15 Carson Drive SE consists of the following parcels: Parcel 1: Lot 5, Block 2, Brooks Addition, according to the plat thereof recorded in Plat Book 1 at page 99 of the Public Records of Okaloosa County; Florida. Parcel ID: 13- 2S -24- 0270 -0002 -0050  ORDINANCE 1898 Parcel 2: Lot 6, Block 2, Brooks Addition, according to plat on file in Plat Book 1, Page 99, in the office of Clerk of Circuit Court, Okaloosa County, Florida. Parcel ID: 13- 2S -24- 0270 -0002 -0060 Parcel 3: Lot 7, Block 2, Brooks Addition, as recorded in Plat Book 1, at page 99 of the Public Records of Okaloosa County, Florida. Parcel ID: 13- 2S -24- 0270 -0002 -0070 Parcel 4: Lot 8, Block 2, Brooks Addition according to the plat thereof recorded in Plat Book 1 at Page 99 of the Public Records of Okaloosa County, Florida. Parcel ID: 13- 2S -24- 0270 -0002 -0080 Parcel 5: Lots 9 and 13, Block 2, Brooks Addition, according to plat on file in Plat Book 1, Page 99, in the office of the Clerk of Circuit Court, Okaloosa County, Florida. Parcel ID: 13- 2S - 24- 0270 - 0002 - 0090 Parcel 6: Lot 10, Block 2, Brooks Addition, according to plat on file in Plat Book 1, Page 99, records of Okaloosa County, Florida. Parcel ID: 13- 2S -24- 0270 -0002 -0100 Parcel 7: Lot 11, Block 2, Brooks Addition, according to plat on file in Plat Book 1, Page 99 of the Public Records of Okaloosa County, Florida. Parcel ID: 13- 2S - 24- 0270 - 0002 - 0110 Parcel 8: The East- 80 feet of Lot 12, Block 2, Brooks Addition, according to plat on file in Plat Book 1, Page 99, in the office of the Clerk of Circuit Court, Okaloosa County, Florida. Parcel ID: 13- 2S -24- 0270 -0002 -0120 Parcel .9: The West 70 feet of Lot 12, Block 2, Brooks Addition, according to plat thereof on file in Plat Book 1, at page 99, in the office of the Clerk of Circuit Court, Okaloosa County, Florida. Parcel ID: 13- 2S -24- 0270 - 0002 - 012A Section 3. Disposition of City -Owned Property The disposition of the City -owned property at 15 Carson Drive SE will occur via execution by both parties of a Sales Contract, Mortgage Agreement, and recording of a Warranty Deed as attached. Section 4. Findings The City Council of Fort Walton Beach finds that the contract award is made based upon consideration of.best price and utilization of the property and development for uses benefiting the City and its citizens. Section 5. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. r Mike Anderson, ayor Attes Approved for form, lega icie y Helen Spencer, Cify Clerk ayw Dykes, Jr., Att y Additions are underlined; deletions a e stfi ke CERTIFIED A TRUE AND CORRECT COPY CITY OF FORT WALTON BEACH L SPE C. CITY CLE RK Al 1A BY: DATE: a7I/  FORT WALTON BEACH CODE 2. 00. 03 Collection of Attorneys' Fees in Actions for Damages: The City shall be entitled to collect reasonable attorneys' fees in any civil action when the city prevails in any suit for the collection of damages for injury to City property. 2. 00. 04 Assessment of Attorneys' Fees and Costs for Lease of City Property: When City property is leased for less than its fair market value, the lessee shall be assessed all attorneys' fees and all other costs associated with the preparation and recording of the lease. 2. 00.05 City Excess Real Property: The City Manager may, from time to time recommend to the City Council the disposal of City real property which is unneeded for immediate or foreseeable future development/ use requirements of the City. The City Manager shall submit a report and recommendation to the City Council for review and determination whether the parcel is unneeded for the immediate and future development/ use requirements of the City and should be declared excess. No property shall be considered as unneeded for the immediate and future development/ use requirements of the City if the City has any existing or projected development/ use for the property. The term development/ use as used herein excludes utilization for public utilities purposes which may be reserved to the City upon disposal of the property. 2. 00.051 Disposition Procedures: Upon the City Council determining the parcel to be excess real property, the City Manager shall proceed with the procedures set forth below to dispose of such excess real property. The City Manager shall secure one independent appraisal of the property by appraisers qualified to conduct appraisals for the State of Florida by general law. Any City real property declared to be surplus by the City Council may be disposed of in a manner declared by the City Council, including but not limited to sealed bid, auction and negotiated sale. The City Manager shall cause written notice of intent to dispose of property to be sent to abutting property owners, if any, and advertised twice in the legal advertisement section in a newspaper having general circulation within the City; advising the date by which proposals or offers must be received. Once a contract for sale has been negotiated to the satisfaction of the City Manager and proposed purchaser, the City Manager shall cause said contract to be submitted to the City Council for its review and approval. 2. 00.052 Contract for Sale; Council Review and Approval.- The City Council shall review any proposed contract for sale and make a determination as to whether said contract is approved or disapproved. The City Council shall approve by Ordinance the conveyance of any land of the City. At any time before the City Council approves any contract for sale, the City reserves the right to reject all offers, proposals or negotiated contracts for sale for excess real property. Once the City Council approves a contract for sale. of excess real property; the subject property may then be sold according to the terms of said contract. Award shall be made based upon consideration of best price and utilization of the property and development for uses benefiting the City and its citizens, in the exclusive discretion of the City Council. Chapter 2 - 6 j FORT WALTON BEACH CODE 2. 00.053 Authority of City Employees: No action or statement by any City employee shall be construed to be official action on behalf of the City in confirming any contract for sale, as the contract may only be confirmed by the City Council. Persons interested, in purchasing property, which in order to facilitate the proposed development requires rezoning, are advised that it is the City Council that is empowered with the ultimate authority to rezone property. No employee of the City can guarantee the rezoning of the property in question. Persons interested in purchasing property, which in order to facilitate the proposed development requires a variance, are advised that it is the Board of Adjustment that is empowered with the authority to grant variances. No employee of the City can guarantee the success of an application for a variance. 2. 00.054 Conditions Imposed; The City Council may require the proposed purchaser submit detailed site plans of proposed development in order to ensure that the property is developed in a manner that is consistent with the surrounding neighborhood, to which plans the purchaser shall be bound. The City Council recognizes that each parcel of property is unique unto itself. In order to ensure each proposed purchase for development significantly contributes to the surrounding neighborhood and general needs of the City, the City Council reserves the right to place restrictions and covenants in the deed of conveyance which will guarantee accommodation of the City' s public utilities provisions and the public' s interest in proper and timely development of the property consistent with City Development Standards. All restrictions and conditions imposed shall be covenants running with the LLand, olation of which shall result in reversion of title to the City. 2. 00.06 Voluntary Annexation Process: The City Council is authorized to annex property pursuant to the provisions of this section and Florida Statutes in order to establish an orderly and equitable process for expanding the territorial limits of the City consistent with the planning and service areas of the City as set forth in the Comprehensive Plan and to ensure the provision of sound urban services to newly annexed areas. 2. 00. 061 Application: An application for voluntary annexation shall be filed in a form prescribed by the CDS Director and shall include information required and, where applicable, a fee; as from time to time may be established by Resolution of City Council; and the following: A copy of the warranty deed or other proof of ownership, or as appropriate a signed and sworn disclosure -of-interest form; if development is to be initiated prior to the effective date of the annexation and where such development is for a use other than a detached single -family dwelling, then requisite site plans, plats, and engineering plans shall be submitted together with the petition or annexation agreement; a proposed future land use map ( FLUM) designation and zoning category; the terms of a proposed annexation agreement, if any. 2. 00. 062 Standards for Annexation: In considering whether to annex a particular parcel of property, the City shall consider, in addition to those requirements of general law, the extent to which: the proposed annexation will impact City services; the proposed annexation is consistent with the Comprehensive Plan; the future land use map ( FLUM) designation and zoning category as proposed, is appropriate; the proposed or existing development, if any, is consistent with City regulations; the terms of the proposed annexation agreement, if any, promotes the City' s Comprehensive Plan. Chapter 2 - 7  FORT WALTON BEACH CODE CHAPTER 2 TABLE OF HISTORICAL NOTES AND REFERENCES 2005 Code Section 1992 Code Section State Law References/ Other Historical Notes 2. 00. 01 2-1 Code 1985, § 204. 01; Res. 86 -32 ( 8- 12 - 86), Res. 2013 -28 ( 10- 08 - 13) 2. 00. 02 2 -2 Code 1985, § 204. 02; Res. 86 - 36 ( 8- 12 - 86) 2. 00. 03 2 -3 Code 1985, § 234. 01, Ord. 833 ( 5- 28 -85) 2. 00. 04 2- 4 Code 1985, § 234. 02; Res. 85- 48 ( 10 -8 -85) 2. 00. 05 2 -311 Ord. 1252, § 3 ( 8 - 9 - 94) 2. 00. 051 2 -312 Ord. 1252, § 4 ( 8- 9 - 94); Ord. 1273 § 1 ( 11- 22 -94) 2. 00. 052 2. 313 Ord. 1252, § 5 ( 8 - 9 -94) 2. 00. 053 2. 314 Ord. 1252, § 6 ( 8 - 9 - 94) 2. 00. 054 2. 315 Ord. 1252, § 7 ( 8 -9 -94) 2. 00. 06 2 -5 171. 044, F. S.; Code 1985, §§ 206. 01, 1406. 03; Ord. 1060( 9- 26- 89); Ord. No 1464, §§ II, III ( 3- 12 - 02) 2. 00. 061 Ord. No 1464, §§ II, Ill (3- 12 - 02) 2. 00. 062 Ord. No 1464, §§ II, III (3- 12 -02) 2. 00. 063 Ord. No 1464, §§ II, III (3- 12 -02) 2. 00. 064 Ord. No 1464, §§ II, III ( 3- 12 - 02) 2. 00. 065 Ord. No 1464, §§ II, III ( 3- 12 -02) 2. 00. 066 Ord. No 1464, §§ II, III ( 3- 12 - 02) 2. 01 4 and § 60, City Charter 2. 01. 01 2 - 33 Code 1985, § 220. 03; Res. 83 - 29 ( 7- 12 - 83) ; Ord. 1867 ( 09 -11- 12) 2. 01. 02 2 -6 Ord. 1569, ( 9- 23 -03); Ord. 1579 ( 2- 24 - 04) 2. 01. 021 Ord. 1569, ( 9- 23 - 03); 2. 01. 022 Ord. 1569,'( 9- 23- 03); 2. 01. 023 Ord. 1569, ( 9- 23 - 03); 2. 01. 024 2 -6 Repealed Ord 1867 ( 09- 11 - 12) 2. 01. 03 2 - 31 286. 011, F. S.; Code 1985, § 220. 01; Ord. 1782, § 2 ( 10 -28- 08) 2. 01. 04 2 -32 Code 1985, § 220. 02; Ord. 1198, § 1 ( 7- 28 - 92) 2. 01. 05 13 - 1 Chs. 97 - 107, § 166. 032, F. S.; § 60, City Charter; Code 1985, § 208. 01; Ord. 755 ( 2 - 8 - 83) 2. 01. 051 13 - 4 Code 1985 § 208. 05; Ord. 755 ( 2 -8 - 83 2. 01. 052 13. 2 Code 1985, § 208. 05; Ord. 755 ( 2 -8 - 83) 2. 01. 053 13. 3( x) Code 1985, § 208. 04; Ord. 815 ( 2- 26 - 85); Ord. 1194, §§ 1, 2 8- 11 - 92) 2. 01. 054 13. 3( b) & ( d) Code 1985, § 208. 04; Ord. 815 ( 2- 26 - 85); Ord. 1194, §§ 1, 2 8- 11 - 92) 2. 01. 055 13. 3( c) Code 1985, § 208. 04; Ord. 815 ( 2- 26 - 85); Ord. 1194, §§ 1, 2 8- 11 - 92) 2. 02. 01 2 -56 Code 1985, § 260. 01 2. 02. 02 2 -57 Ord. 1867 ( 09- 11 - 12) Chapter 2 - 20