TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher, ICMA-CM, City Manager
TITLE: An Ordinance of the City of North Port, Adopting City Commission Policy No. 2023-01 Related to the Inventory, Disposal, and Acquisition of Real Property; Providing for Findings; Providing for Conflicts, Providing for Severability; and Providing an Effective Date
Recommended Action
Continue Ordinance No. 2023.03 to second reading.
Recommended Action for Second Reading
Approve and adopt Ordinance No. 2023-03 on second reading.
Recommended Action for Third Reading
Approve and adopt Ordinance No. 2023-03 on third reading.
Background Information
During the December 5, 2019, Special Commission Meeting, the Commission discussed City-owned lots and neighborhood focal points, resulting in the direction for staff to bring back a policy and procedure for selling and exchanging City-owned real property. A Commission Policy was developed to address the inventory and disposal of City-owned real property, as well as the acquisition of real property. Additionally, the motion included directions to offer real property deemed as surplus to adjacent property owners for first right of refusal, and any property that was not sold would fall back to the surplus inventory.
At the May 11, 2021, Regular Meeting, Commission continued Ordinance No. 2021-26 to the second reading in October 2021. Subsequently, due to time requirements, this is now being submitted with new ordinance and policy numbers.
Ordinance No. 2023-03 and Commission Policy No. 2023-01 were reviewed by the City Attorney for form and correctness.
Information for Second Reading.
At the December 13, 2022, Regular Meeting, Commission continued Ordinance No, 2023-03 as pesented to second reading on January 24, 2023, with the following changes to the City Commission Policy No. 2023-01:
• Reference to the City Manager policy regarding Inventory, Disposal and Acquisition of Real Property
• Clarification that any closing costs or fees are not the responsibility of the City
• Annual review of surplus parcel timelines added to Commission Policy
Information for Third Reading
At the January 24, 2023, Regular Meeting, Commission continued Ordinance No, 2023-03 as presented to third reading, with the following changes to the City Commission Policy No. 2023-01:
• Remove “In the absence of direction, the sale proceeds will be allocated to the City’s General Fund or to the applicable special district or enterprise fund, based on the governmental entity selling the property.” From Section II, C 3. This has been removed.
• Add language to Section 3, Land Exchange Program, to state that “The city will not be responsible for any costs associated with the transaction.” This wording has been added to to Section 3, as item 3.
• Modify Subsection E 1. to identify when an independent written appraisal is not required and when an informal in house analysis will be used to determine property value.
Strategic Plan
Good Governance
Financial Impact
N/A
Procurement
Any properties procured in accordance with Ordinance No. 2023-03 will follow all applicable Purchasing guidelines and policies.
Attachments:
1. Ordinance No. 2023-03
2. Ordinance No. 2023-03 - Second Reading
3. Commission Policy No. 2023-01 with line numbers
4. Commission Policy No. 2023-01 - Second Reading
5. City Manager Policy on Real Property
6. Draft Ordinance No. 2021-26
7. Commission Meeting Minutes, May 11, 2021
8. Commission Meeting Minutes, December 5, 2019
9. Ordinance No. 2023-03 - Third Reading
10. Commission Policy No. 2023-01 - Third Reading
11. City Manager Policy on Real Property April 11, 2023
12. Commission Meeting Minutes, January 24, 2023
Prepared by: Tricia Wisner, Assistant Director of Public Works
Department Director: Chuck Speake, Director of Public Works