§ 2-274. Procedures for the purchase of real property.  


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  • (a)

    When the city seeks to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or counter-offer shall be in writing.

    (b)

    Such appraisals, offers, and counter-offers shall not be available for public disclosure or inspection and are exempt from the provisions of F.S. § 119.07(1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the city council. If a contract or agreement for purchase is not submitted to the city council for approval, the exemption from F.S. § 119.07(1) shall expire 30 days after the termination of negotiations. The city shall maintain complete and accurate records of every such appraisal, offer, and counter-offer. For purposes of this section, the term "option contract" shall mean a proposed agreement by the city to purchase a piece of property, subject to the approval of the city council at a public meeting after 30 days' public notice. The city shall not be under any obligation to exercise the option unless the option contract is approved by the city council at the public hearing.

    (c)

    The governing body shall obtain at least one appraisal by an appraiser approved pursuant to F.S. § 253.025(6)(b) for each purchase in an amount of not more than $500,000.00. For each purchase in an amount in excess of $500,000.00, the governing body shall obtain at least two appraisals by appraisers approved pursuant to F.S. § 253.025(6)(b). If the agreed purchase price exceeds 15 percent of the one appraisal or exceeds the average appraised price of the two appraisals, the city council shall be required to approve the purchase by a vote of two-thirds of the city council members. The governing body may, by majority vote of the council members present, exempt a purchase in an amount of $100,000.00 or less from the requirement of an appraisal.

    (d)

    Notwithstanding the foregoing, this section shall authorize the city council, by majority vote of the council members present, to disclose the records of an acquisition of a specific purchase of real property, including the appraisal(s), if any, the offers and counteroffers. Once the city council has voted to disclose the records, the records of the purchase involving the same property and same property owner shall be open to inspection and reproduction until the termination of the negotiations. Upon city council's approval of the disclosure, the records shall be available for inspection and reproduction in accordance with F.S. § 119.07(1). The city council shall comply with subsections (a), (b) and (c) if the city council approves the disclosure of records.

    (e)

    When city council acquires funding in whole or in part from another governmental entity for the purchase of real property, the city council may piggyback the appraisal procedures of the other governmental entity that substantially complies with the procedures set forth in subsection (c).

(Ord. No. 2011-26, § 1, 10-18-2011)