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

Orange 151- scree 40%; Sand: White; Ship: Blank- light screen at 10- 20%; Sea oats: Gold 121; Grassand base of sea ts: Gold 121 mixed to obtain darker shade of gold; Birds, airplanes and borders: Black. Sec. 2. 00. 03. Collect" n of Attorneys' Fees in Actions for Damages. The city shal e entitled to collect reasonable attorneys' fees in any civil action when the city prevails in any suit or the collection of damages for injury to city property. Sec. 2. 00. Q4. 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. Sec. 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 futuredevelopment/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 http:// library2. municode. com/mcclDoc View/ 14222/ 1/15/ 16 10/ 20/ 2006 CHAPTER 2. 00. GENERAL Page 2 of3 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 andapproval. 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 shall be bound. The purchaser city councilrecognizes 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. Sec. 2. 00. 06. Voluntary Annexation Process. The city council is authorized to annex property pursuant to the prov" s of this section and Florida Statutes in order to establish an orderly and equitable process xpanding the territorial limits of the city consistent with the planning and service areas of as set forth in the comprehensive plan and to ensure the provision of sound urban servo 0 newly annexed areas. 2.00. 061 Application An application for volunt annexation shall be filed in a form prescribed by the CDS director http:// library2. municode. comlmcclDocView/ 14222/ 1/15/ 16 10/ 20/ 2006 CHAPTER 2. 00, GENERAL Page 3 of3 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-inter st 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. 062Standards 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 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, promotesthe city' s comprehensive plan. 2. 00. 063Staff Review and Recommendation Upon receipt of an application, the CDS director shall review the application in accordance with the standards in this section and submit a recommendation on a proposed annexation ordinance and agreement, if any, to the municipal planning board ( MPB). 2. 00. 064Municipal Planning Board The municipal planning board shall conduct a public hearing to consider public comment, after due public notice, and shall consider the recommendation of the CDS director at the public hearing and the standards in this section and submit a recommendation on the proposed annexation ordinance and agreement, if any, to the city council. 2. 00. 065City Council Decision The city council shall consider the recommendation of the municipal planning board and after a public hearing with public notice as prescribed by Florida Statutes, approve or disapprove the annexation ordinance. An adopted annexation ordinance shall be filed with the clerk of the circuit court and the chief administrative officer of Okaloosa County and with the department of state within seven days after adoption. The ordinance must include a map, which clearly shows the annexed area, and a complete legal description of that area by metes and bounds. 2. 00. 066/ mpact Fees The voluntary annexation of property by the city council shall not be effective until the applicable impact fees have been paid to the city. http:// library2. municode. comlmc /Doc View/ 142 2/1 /15/ 16 10/ 20/ 2006 April 26, 2006 Mr. C. H. Rigdon, Chairman Northwest Florida Fair Association 1958 Lewis Turner Blvd Ft. Walton Beach, Fl.32547 Attn: Mr. C. H. Rigdon The properties where the Northwest Florida Fair Association buildings are located have been annexed into the City ofFt.Walton Beach. State Statute, Chapter 633. 025 states any municipality, county and special frre district shall enforce the Florida Fire Prevention Code. The 101 Life Safety Code 2003 Edition is