Fort Walton Beach Council agenda — 11-21-06 ‎(special)‎ — reading text

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. 052Contract 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. 2. 00. 053Authority 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. Personsinterested 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. 054Conditions 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 land, violation of which shall result in reversion of title to the city. Attachment B - City Attorney Opinions  J. V.1. k a5""' ~ Helen Spencer From: Toni L Craig [ toni@tlcpa. gccoxmaiLcom] Sent: Monday. October 30, 200610:40 AM PAPA 1172@aoLcom; jmtucker1 @cox. net; To: BobcampbeIl114@aoLcom; MIKEYCMAT@aoLcom; 'wayne'; Mike Minich'; 4eagles@cox. net; Mike Anderson; Helen Spencer; Joyce Shanahan Subject: Sale of Parcels at Vicinity of 1958 Lewis Turner Blvd 30- 0ct-06 To: Mayor, Council City Manager CC: City Clerk From: City Attorney Re: Sale of Parcels at Vicinity of 1958 Lewis Turner Blvd On 7 August 2006, I drafted a memorandum regarding the ability of the City to sell any portion of the parcels in the vicinity of 1958 Lewis Turner Boulevard. The following is an excerpt of that memorandum. Re: Sale of Parcels at 1958 Lewis Turner Blvd to NWFFA There was conversation regarding sale of the property at 1958 Lewis Turner Blvd to NWFFA. This is my advice regarding a sale of any of the 42. 57 acres located at approximately 1958 Lewis Turner Blvd. Pursuant to section 166. 021, Fla. Stats., the City has the " governmental, corporate, and proprietary functions, and render municipal powers to enable it to conduct municipal government, perfonn municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. The of section 166. 021 are to be " construed as to secure for municipalities the provisions broad exercise of home rule powers granted by the constitution . . . for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or otherwise, on the exercise of home county charter and to remove any limitations, judicially imposed or rule powers other than those so expressly prohibited. Sec. 2.00. 05. City Excess Real Property, of the Code, requires a finding by the city council that a parcel of real property owned by the City is " unneeded for the immediate and future development/use for requirements of the city and should be declared excess." " No property shall be considered as unneeded the immediate and future development/use requirements of the city if the city has any existing or is detennined be the Council may projected development/use for the property." If property a to excess, declare that the property be disposed of by sealed bid, auction, negotiated sale, or any other manner declared by the Council and the City Manager must secure one independent appraisal of the property by a qualified appraiser. The Bond Ordinance which partially funded the purchase of 1958 Lewis Turner Blvd states: WHEREAS, the Borrower finds and declares that there is a substantial need for the fmancing of a loan the " Loan") secured by a Loan Agreement between the City of Fort Walton Beach, Florida and the Florida MunicipalLoan Council for certain governmental projects listed on Exhibit " A" ( the Projects")." The " project" was overly inclusive and states: " Purchase of 42. 57 acres of land consisting of recreational softball fields, fairgrounds with improvements and parking area." The City Manager' s May 5, 2006, memorandum to Council requesting authorization to purchase the property stated that " the acquisition of this property has been part of the City' s future Capital for Improvement Program for the last several years and the City has continually sought funding avenues this property. As such over the last several years the City made several requests of the Okaloosa County Legislative Delegation to secure their support to sponsor State legislation to fund this community budget for the direct request." And further, " the recent passage of the Florida Land Management Act allowed purchase of land ftom the Forestry Service, clearing the way for the City to pennanently acquire the property to ensure our recreational needs are met." Guiding principals applicable to this decision: 1 0/ 30/ 2006  r agt;L. Ul L. I) amunicipal purpose is one that directly benefits the Citizens of the City, and is different than the benefit of the population as a whole; 2) it COULD be a municipal proprietary purpose to acquire property which would later be disposed at a profit; 3) a " joint public purpose" could be found in a venture that benefits the population as a whole as well as directly benefiting the citizens ofthe City. 4) in the direct sale agreement, the City has indemnified and held harmless the Forest Service, and the Forest Service has relinquished all responsibility for the City' s use and occupancy of the property, including third party claims and judgments; 5) it is implausible that any portion of this property can be " considered as unneeded" when Council has approved and there is pending a consultant' s study for a recommendation of "the immediate and future development/use requirements ofthe city" as it pertains to this parcel; and 6) if any of the property is divested, such a divesture may require amendment of the bond documents and/or satisfaction ofthe bond amount." In that memorandum, I concluded that considering the premises under which the City purchased the property, the conditions of the development of the two parcels at that time, the possibility of a consultant' s study ongoing now, that at least some portion of the property was intended for City recreational purposes, and that there is, " at least until the consultant' s report returns, no basis for a determination that the property is unneeded" for a City municipal purpose." At this time, my legal opinion remains the