(a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe.
(b) Personal property, commodities and services. Except as provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts referenced in the city's purchasing policy, or construction involving amounts referenced in the city's purchasing policy, shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the Commission may direct. The City Commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding.
(c) Disposition of city-owned property.
(1) Power to sell. The City Commission may authorize by resolution the sale, transfer, or swap of any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation.
(2) Disposal of property that is sufficient in size and of such character as to comprise an independent building site and that will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way and are developable as building sites.
a. Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to subsection (2)b., the governing body shall adopt a resolution declaring same surplus.
b. Determination concerning surplus. The city governing body shall review and consider the following:
1. The legal description (by reference to a recorded plat or government survey);
2. The property address by street number, if there be any;
3. A description of all improvements located upon the land;
4. How said land has been used since same has belonged to the city;
5. The current use of the property;
6. How the property was acquired and financed;
7. The needs of the city;
8. Whether disposal is consistent with the City Comprehensive Plan;
9. The estimated property value;
10. Any relevant property history;
11. The property's title; and
12. Whether the disposal of the property is precluded by grant provisions of other agencies.
c. When appraisals are needed.
1. Any real property that the city proposes to sell or otherwise dispose of pursuant to subsection (2)b. must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated by the Palm Beach County Property Appraiser to have a value that exceeds $1,000,000.00.
2. Any real property that the city proposes to sell or otherwise dispose of pursuant to subsection (2)b. must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated by the Palm Beach County Property Appraiser to have a value between $100,000.00 and $1,000,000.00.
3. Any real property that the city proposes to sell or otherwise dispose of pursuant to subsection (2)b. which is estimated by the Palm Beach County Property Appraiser to have a value below $100,000.00 shall not require an appraisal.
4. Notwithstanding subparagraphs 1., 2., and 3. above, no appraisal shall be needed:
i. Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns;
ii. Where the city transfers the property to another governmental entity or agency; or
iii. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served.
d. Public hearing. For any property valued over $100,000.00, the city governing body shall hold one (1) public hearing prior to adopting a resolution declaring the property as surplus. An advertisement for such public hearing shall appear at least seven (7) days prior to the hearing. The advertisement will contain the resolution title and the date, time, and place of the hearing. The City Clerk shall advertise the proposed resolution for public hearing by placing it on the City Commission agenda and posting such agenda at least three (3) business days prior to the City Commission meeting.
e. Methods of disposal.
1. Methods. The city may dispose of property pursuant to subsection (2)b. utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property.
i. Neg otiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer.
ii. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after the adoption of a resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city not less than seven (7) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price.
iii. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency if the city governing body determines that:
A. A transfer of the property to the other governmental agency shall provide a benefit to the city; and
B. That the terms received by the city are fair and equitable.
iv. Land swap with any private or public land owner, provided the properties are appraised at substantially the same value. In determining substantial, value the city may take into consideration the potential increase in value following the swap.
f. Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in subsection (2)b., shall be deposited in the general fund of the city or such other fund or account of the city as is determined by the Finance Director.
g. Conveyance. In order to convey property pursuant to subsection (2)b., the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution.
(d) The foregoing provision for sale of real property does not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending.
(Ord. No. 90-54, § 3, 11-20-90; Ord. No. 97-45, § 1, 9-2-97; Ord. No. 01-66, § 1, 1-2-02; Ord. No. 03-002, § 1, 2-18-03; Ord. No. 12-009, § 2, 5-15-12; Ord. No. 12-024, § 2, 12-18-12; Ord. No. 21-013, § 2, 4-20-21; Ord. No. 21-030, § 2, 12-7-21; Ord. No. 24-003, § 2, 2-20-24)