New Ordinance May Allow Private, Auction, Or Brokered Sales
LABELLE, FL. -- A new Hendry county ordinance will be offered to the Hendry commissioners at the next meeting that proposes new methods of disposing of surplus real estate and personal property.
Adding to the current method of advertising surplus property, the ordinance would allow real estate brokers to bid for the opportunity to list the properties, a private sale to a property owner next door, and an online auction or through a traditional auctioneer.
The proposed ordinance in part:
(2)
By negotiating a private sale in accordance with Florida Statute 125.35(2). The
county administrator or designee may negotiate a private sale with an adjacent property
owner when the board of county commissioners finds that the property is of insufficient
size and shape to be issued a permit for any type of development, or when the value of
the property is fifteen thousand dollars ($15,000.00) or less as determined by the Hendry
County Property Appraiser and it is determined by the board that the parcel is of use only
to an adjacent property owner. Notice of intended action shall be sent to the adjacent
property owners, certified mail. If, within ten (10) days, two (2) or more adjacent
property owners indicate an interest to purchase the property, then the county
administrator or designee shall accept sealed bids for the parcel from those property
owners. If no response is received from the adjacent property owners, then a private sale
may be completed.
(3)
By exchanging the property in accordance with Florida Statute 125.37. The board
of county commissioners may exchange surplus real property for another parcel of real
property, provided that the board has published a notice for at least two (2) weeks, in a
newspaper of general circulation, before adoption of a resolution authorizing the
exchange. The notice shall set forth the terms and conditions of the exchange of property.
(4)
By conveying or leasing the property to another governmental entity or non-profit
entity in accordance with Florida Statute 125.38. The board of county commissioners
may, upon finding that the property is required for use by another governmental entity or
non-profit entity, convey or lease real property to that entity for such price, whether
nominal or otherwise, as the board may fix. The fact of the application being made, the
purpose for which such property is to be used, and the price or rent therefor shall be set
out in a resolution duly adopted by the board. No advertisement is required.
2
(b)
The board of county commissioners may additionally sell or lease surplus real property in
accordance with Florida Statute 125.35(3) through the use of either of the following two
methods:
(1)
Licensed real estate broker. One or more licensed real estate brokers shall be
retained through the competitive bidding process in accordance with county policy. Any
contract for services shall, at a minimum, set forth the amount of compensation due for
services, the length of notice/advertising time, the duration of the listing agreement, and
such other information as deemed necessary by the county administrator or designee. The
listing agreement with the real estate broker shall require the broker to advertise the
property in at least one venue that is seen by the general public. This includes, but is not
limited to, the internet, a newspaper of general circulation, or a real estate publication
that is made available to the general public. Additionally, the listing agreement shall
require the broker to post a sign on the parcel. The listing agreement shall require the
real estate broker to present any offers received to the county administrator. The county
administrator shall determine which offers should be presented to the board of county
commissioners for consideration. Any sale shall be subject to the negotiation procedures
set forth in Section 4. No property shall be sold or leased without the approval of the
board of county commissioners, which has complete discretion on whether to accept any
offer to purchase. Any proposed disposition must appear on the printed agenda for the
board meeting. Interested persons shall be allowed to comment on any proposed
disposition in writing or at the board meeting. All property listed with a real estate
broker for sale or lease shall additionally be posted on the County’s website with contact
information for the listing broker.
(2)
Auction. The County may sell or lease real property through a public auction
house or through an online auction service. The county administrator or designee is
authorized to select a public auction house or online auction service. In selecting an
auction provider, the county administrator shall select one (a) with a record of attracting a
large number of bidders and (b) that charges a reasonable commission in relation to other
such providers. No competitive bidding process shall be required to select such firm.
Any contract for services shall, at a minimum, set forth the amount of compensation due
for services, the duration of the agreement, and such other information as deemed
necessary by the county administrator or designee. The contract shall provide that the
County is under no obligation to sell to the highest bidder and that no property shall be
sold or leased without the approval of the board of county commissioners, which has
complete discretion on whether to accept any bid. Any sale shall be subject to the
negotiation procedures set forth in Section 4. Any proposed disposition must appear on
the printed agenda for the board meeting. Interested persons shall be allowed to
comment on any proposed disposition in writing or at the board meeting. All property
listed with a public auction house or through an online auction service for sale or lease
shall additionally be posted with a sign on the parcel and posted on the County’s website
with contact information for the public auction house or online auction service.
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