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Home My WebLink AboutO-2002-023 ORDINANCE NO. 2002-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING PART XII, ARTICLE 3 OF THE CHARTER OF DANIA BEACH, FLORIDA, FOR THE SALE OF SURPLUS REAL PROPERTY; PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. WHEREAS, Part XI I, Article 3 of the Charter of the City of Dania Beach authorizes the City Commission to dispose of real property under the ownership of the City of Dania Beach; and WHEREAS, the City has acquired and will continue to acquire surplus real property through enforcement or foreclosure of city liens and nonpayment of ad valorem taxes; and WHEREAS, Part XII, Article 3 of the Charter of the City of Dania Beach is cumbersome and inefficient for purposes of exchange, sale or conveyance of surplus real property acquired through enforcement or foreclosure of city liens and nonpayment of ad valorem taxes; and WHEREAS, it is cost effective, in the best interests of the City of Dania Beach, and promotes the welfare of the residents of the City to efficiently dispose of surplus real property by marketing the property with a registered real estate broker. NOW,THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA that: Section 1. That Part XII, Article 3, Section 5 is created and shall read as follows: "Sec. 5. Sale of Surplus Real Property. (a) Notwithstanding the other provisions of this article, the City of Dania Beach shall have the right to exchange, sell or convey real property acquired by the City of Dania ORDINANCE NO. 2002-023 1 • Beach through enforcement or foreclosure of City liens and transfer of Lands Available for Taxes from Broward County, in accordance with the procedures stated in part (b) herein. (b) Procedures. The Commission must pass by resolution with a su permajority vote requiring four out of five Commissioners assent, which resolution must include the following: (1) A determination that the real property is surplus property and acquired by the City in a manner described in part (a) herein; (2) An authorization for the City Manager to enter into an exclusive listing agreement for a period of six months, with a registered real estate broker, licensed to do business in the State of Florida, and with its main office located in the City of Dania Beach and possessing an ® occupational license to sell real estate issued by the City of Dania Beach. The real estate broker shall be selected by lottery from among the qualified brokers and shall be paid a reasonable and customary real estate commission by the seller; (3) An appraisal of the real property by a state certified real estate appraiser with MAI designation; (4) An authorization for the City Manager to enter into a contract for sale of the real property and to close the contract for sale, so long as the purchase price is not less than ninety percent (90%) of the appraised value; (5) The contract for sale of the real property executed by the City Manager shall be contingent upon approval by majority vote of the City Commission at an advertised public hearing held at a regularly • ORDINANCE NO. 2002-023 2 scheduled commission meeting. If the fair market value of the surplus real property, as appraised by the state certified appraiser, is greater than $100,000, then the contract for sale of the real property shall be contingent upon approval by a supermajority vote requiring four out of five commissioners assent at an advertised public hearing held at a regularly scheduled commission meeting. Section 2. Except as herein amended, all other provisions of Part XI I, Article 3 of the Charter of the City of Dania Beach, shall remain in full force and effect. Section 3. All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith are repealed to the extent of such conflict. Section 4. This Ordinance shall be in force and take effect immediately upon its • passage and adoption. PASSED AND ADOPTED ON First Reading on the 14th day of MAY, 2002. PASSED AND ADOPTED O Fin IYed' To 28t" day of MAY, 2002. O RT H. CH NN, . MAY R— COMMISSIONER ATT6ST: 11 ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA-YES CHARLENE JOHN N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY- YES MAYOR CHUNN -YES APPROVED AS TO F t AND CORRECTNESS: BY: �f THOM S J'ANSB O CITY ATTORNEY ORDINANCE NO. 2002-023 3 LAW OFFICES r ED RYAN & RYAN, P.A. THIRD FLOOR J U N 2002 700 EAST DANIA BEACH BOULEVARD • DANIA BEACH, FLORIDA 33004-3090 ARCHIE J. RYAN III TIMOTHY M. RYAN TELEPHONE(954)920-2921 CHRISTOPHER J. RYAN' FACSIMILE(954)921-1247 HOWARD E. ENRIQUE JOSHUA S.PINSKY 'Board Certified City, County and Local Government Lawyer May 30 , 2002 Ms . Charlene Johnson City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re : Surplus Real Property Ordinance Our File Number: 17957D Dear Charlene : Enclosed is the Ordinance amending the City Charter for sale • of surplus real property which has incorporated the amendments adopted by the City Commission on second reading. You will note in Section 1 of the Ordinance, Clause 5 on page three, the language has been stricken which granted the City Manager authority to contract for sale of real property without commission approval if the property was appraised at less than $25 , 000 . The second change also included in Clause 5 states that all contracts for sale of real property appraised at greater than $100 , 000 shall be contingent upon approval by a supermajority vote of the City Commission. If the form of the amended Ordinance is acceptable, please submit it to the Mayor and department heads for signature. If there are any questions or concerns, please contact me at your earliest convenience . er trul y urs, /rl TI OTHY M. RY TMR/rl Encl . cc : Ivan Pato City Manager (with enclosure)