§ 7. City May Purchase, Sell or Lease Real Property.

(1)

Whenever the City of Orlando desires to purchase or lease real property for the benefit of the City, and the cost of the purchase or lease exceeds three million dollars ($3,000,000), such purchase or lease shall only be effective after a majority vote of all members of the City Council, at a public hearing, preceded by a notice published at least five (5) days prior to the City Council action, in accordance with subsection (3) of this Section. If the City of Orlando desires to purchase or lease real property for the benefit of the City, and the cost of the purchase or lease is three million dollars ($3,000,000) or less, such purchase or lease may be approved as a consent agenda item unless otherwise specified in federal, state or local law, policy or procedure.

(2)

Whenever the City of Orlando desires to sell, lease or otherwise alienate real property for the benefit of the City, and the value of the sale, lease or alienation exceeds five hundred thousand dollars ($500,000), such sale, lease or alienation shall only be effective after a majority vote of all members of the City Council, at a public hearing, preceded by a notice published at least five (5) days prior to the City Council action, in accordance with subsection (3) of this Section. If the City of Orlando desires to sell, lease or otherwise alienate real property for the benefit of the City, and the value of the sale, lease or alienation is five hundred thousand dollars ($500,000) or less, the sale, lease or alienation may be approved as a consent agenda item unless otherwise specified in federal, state or local law, policy or procedure. The City Council shall not approve the sale, lease or alienation of real property owned by the City for a price or rental below the City estimate of the fair market value or fair rental value of the property, except for specific good cause shown or in the case of the sale, lease or alienation to another public agency.

(3)

The term "notice" as used in this Section shall mean an advertisement placed in a daily newspaper of general circulation in Orange County, Florida, which advertisement shall include the following information:

(a)

The date, time and place of the hearing;

(b)

A legal description of the real property involved, or a map depicting the location of said real property;

(c)

The street address of such property, if available.

(d)

The names and addresses of all parties in interest to the proposed land transaction;

(e)

The City's estimate of the fair market value of fair rental value of the real property involved;

(f)

The proposed purchase price, sale price or lease payments; and

(g)

If a purchase, a succinct statement of the source of funds proposed to be utilized for acquisition of the land.

(4)

No piece of real property shall be divided for the purpose of evading this Section.

(5)

This Section shall not apply to any property owned or to be owned by the Orlando Utilities Commission, the Greater Orlando Aviation Authority, the Orlando Housing Authority, or the City of Orlando for the use and benefit of the Orlando Utilities Commission, the Greater Orlando Aviation Authority, or the Orlando Housing Authority, or to any property sold, leased or otherwise alienated to another public agency.

(6)

This Section shall not apply to concession agreements awarded on a competitive basis.

(7)

All leases, sales, and purchases, and contracts for leases, sales, and purchases of real property heretofore made by the City or any agency or commission of the City, are hereby ratified and confirmed.

(8)

Nothing in this Section shall apply to the acquisition of real property by eminent domain occurring prior to, contemporaneous with, or subsequent to the effective date of this Section.

(Laws of Fla. ch. 65-2022, § § 2—5; Laws of Fla. ch. 70-842, § § 1—4; Laws of Fla. ch. 71-806, § § 1, 2; Ord. of 8-21-1978, § 1; Ord. of 4-16-2001, §§ 1, 2, Doc. #33725; Ord. of 6-19-2006, § 1, Doc. #0606191007)

Case law reference— For cases concerned with a former section similar to this one, see Phillips Inv. Co. v. City of Orlando, 113 Fla. 843, 152 So. 867; Riviere v. Orlando Parking Commission, (Fla.) 74 So. 2d 694; Hoskins v. City of Orlando (Fla.), 51 F2d 901.