(a) Power to sell. The City of Pompano Beach is empowered to sell or dispose of any lands, improvements, public buildings, recreational parks or other lands now owned or hereafter acquired by said city, except as otherwise provided herein.
(b) Resolution declaring surplus. Before any lands, the title to which is vested in the City of Pompano Beach, shall be sold, the City Commission shall adopt a resolution at a regular or special meeting of the City Commission particularly describing the land by legal description, reference to a recorded plat or government survey, its location by street number, if there be any, a description of all improvements located upon the land, and shall declare how said land has been used since same has belonged to the city, why it is no longer needed for public purposes, and that the city does declare same surplus and desires to sell the same.
(c) Notice of sale and protest. At any time not less than thirty (30) days, nor more than sixty (60) days, after adoption of such resolution, the land shall be offered for sale to the public, and a notice shall be published by the city in a newspaper of general circulation in the city for two (2) issues before such date of sale, with the first publication not less than ten (10) days before the date of sale, and the second publication one week after the first, on which date of sale bids shall be received and protests heard. Sealed bids shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) per cent of the bid price. The city shall sell for cash or installment payments as hereinafter provided or other property of equal value, to the highest and best bidder if a sale is made, but the city may reject any and all bids. The City Commission may by majority vote accept not less than twenty-five (25) per cent cash down payment and the balance in equal annual installments not exceeding five (5) years.
(d) Cemetery plots. The above restrictions as to the sale of public property shall not apply to the sale of cemetery plots in municipal cemeteries.
(e) Conveyance. In any deed of conveyance the City Commission may place such conditions, limitations and restrictions on the use of such property by the purchasers as the City Commission shall deem proper.
(f) Notwithstanding any power to sell as herein described, the City Commission shall not have the authority to dispose of property, or of airspace over property, that is designated as follows:
(1) Airport or airpark;
(2) Park;
(3) Golf course;
(4) Recreational facility.
Any property designated airport, park, golf course, or recreational facilities shall be disposed of only after said disposal shall be approved by the majority of voters in an election called for the purpose of approving the disposition of said parcel or parcels.
Within one hundred twenty (120) days after the effective date of this subsection, the City Commission shall meet at public hearing after fourteen (14) days notice in a newspaper of general circulation in the city, and certify an inventory of all property owned by the City of Pompano Beach that is for purposes other than right-of-way, and shall assign a designation to said properties. Said designations shall be done by ordinance and the City Commission shall use the above designations plus any other designations deemed proper by the City Commission.
Any subsequent changes to the original designations shall only be made by the same process.
(g) Beach parking lots, excepted. Notwithstanding the authority and power granted in this charter with respect to the sale of lands, the title of which is vested in the City of Pompano Beach, no power or authority is granted for sale, lease, except for a lease which will provide a benefit to the public at large, or other conveyance of city-owned lands and the airspace over them, which are described below:
That land commonly called the “beach parking lot” or “pier parking lot” and more particularly described as follows:
A parcel of land in the southeast one-quarter of Section 31, Township 48 south, Range 43 east, also being all or part of blocks 8 and 9, and the road right-of-way adjacent thereto, Pompano Beach, according to the plat thereof as recorded in plat book 2, page 93, Palm Beach County Records, said parcel being more particularly described as follows: Beginning at the southeast corner of said block 8; thence northerly to the northeast corner of said block 8; thence westerly to the northwest corner of said block 8; thence westerly to the northeast corner of said block 9; thence westerly along the north line of said block 9 to the east right-of-way line of North Ocean Boulevard (State Road A-1-A) as currently occupied and existing; thence southerly along the said east right-of-way line to an intersection with the westerly prolongation of the south line of said block 9; thence easterly to the southeast corner of said block 9; thence easterly to the southwest corner of said block 8; thence easterly to the point of beginning. Said land situate within the City of Pompano Beach, Broward County, Florida.
And that land commonly called the "Oceanside Parking Lot" and more particularly described as follows:
A parcel of land lying in the East One-half (E 1/2) of the Southwest One-Quarter (SW 1/4) of the Southeast One-Quarter (SE 1/4) of Section 31, Township 48 South, Range 43 East, more particularly described as follows:
BEGINNING at the Southeast corner of the intersection of the rights of way for Riverside Drive (as described in Deed Book 688, Page 265, Public Records of Broward County, Florida) and Northeast Second Street (as described in Paragraph One (1) of the Legal description contained in Deed Book 781, Page 485, Public Records of Broward County, Florida);
THENCE on an assumed bearing of N.89°59'20" E. along said Southerly Right Of Way line of Northeast 2nd Street, 184.90 feet to the Northwest corner of that certain parcel of land hereinafter referred to as "Parcel-A" (said "Parcel-A" being described in Official Record Book 3932, Page 343, Public Records of Broward County, Florida); THENCE S.00°00'40"E. along the West line of said "Parcel-A", for a distance of 250.00 feet; THENCE N.89°59'20"E. along the South line of said "Parcel-A", for a distance of 225.00 feet to a point on the Westerly Right Of Way line of State Road #A1A (as described in Official Record Book 674, Page 90, Public Records of Broward County, Florida); THENCE Southerly along said Westerly Right Of Way line of State Road #A1A for a distance of 427.18 feet more or less to the Northeast corner of that certain parcel of land hereinafter referred to as "Parcel-B" (said "Parcel-B" being described in Official Record Book 3775, Page 808, Public Records of Broward County, Florida; THENCE West along the North line of said "Parcel-B", 176.84 feet to the Northwest corner thereof; THENCE S.00°04'20"W. along the West line of said "Parcel-B", 116.00 feet; THENCE West 100.00 feet; THENCE S.00°04'20"W. a distance of 50.00 feet to a point on a line 470.0 feet North of and parallel with the South line of the East One-Half (E 1/2) of the Southwest One-Quarter (SW 1/4) of the Southeast One-Quarter (SE 1/4) of said Section 31; THENCE West along said parallel line, 150.00 feet to a point on the Easterly Right Of Way line of the aforesaid Riverside Drive; THENCE Northerly along said Easterly Right Of Way line of Riverside Drive, 845.29 feet more or less to the POINT OF BEGINNING.
(h) Transfer to governmental agencies. The City of Pompano Beach may sell or transfer any of its property to any other governmental agency, if the City Commission finds that:
(1) A transfer of the property to the other governmental agency shall provide a benefit to the City of Pompano Beach; and
(2) That a transfer to any other party other than that governmental agency would not provide the same benefit to the people of Pompano Beach; and
(3) That the compensation to be received by the City of Pompano Beach is fair and equitable; and
(4) That the governmental agency to which the land is being transferred would in any event have the power of eminent domain over said property. The procedure of public notice shall apply.
(Ref. of 3-9-76; Am. Ord. 2008-27, passed 3-11-08, Ref. of 11-4-08, Amend. No. 1, ratified 11-25-08)