Brevard County |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article VIII. SURPLUS REAL PROPERTY AND MODULAR STRUCTURES TRANSACTIONS |
§ 2-247. Non-competitive lease or sale of county property.
Notwithstanding sections 2-242 through 2-246, if the prospective lessee or purchaser of county-owned real property is the United States or any department or agency of the United States; the state or any political subdivision or agency of the state or political subdivision; or any municipality of the state; or any nonprofit corporation; or a corporation or other legal entity performing a function or service that promotes the public health, safety or welfare and could be provided by federal, state or local government then:
(1)
The prospective lessee/purchaser may apply to the board of county commissioners for a lease or purchase of the real property belonging to the county.
(2)
The proposed lease or purchase must be brought up as a regular agenda item at a duly noticed regular public meeting of the county commission at which members of the public are afforded the opportunity to comment on the proposed sale or lease. A copy of this article shall be made available for review by any member of the public at the location where members of the public sign up to speak on the item. If, upon a supermajority vote, the board of county commissioners is satisfied that the proposed use of the property will serve the public interest; will serve a public purpose; is in the best interest of the county; and make a finding that the property is either likely to be not needed for county purposes in the future or will be used in a manner compatible with county purposes, the board of county commissioners may, in its sole discretion, authorize the sale or entry into a lease for rent, whether nominal or otherwise, as the board of county commissioners may fix, regardless of the actual value of the lease.
(3)
The board of county commissioners shall authorize the lease or sale by adopting a resolution setting forth the following:
a.
The facts of the application;
b.
The purpose for which the property is to be used;
c.
The rent and term of the lease or the purchase price and terms; and
d.
A provision to be incorporated into the lease or deed which states that in the event the property is not used or ceases to be used for the stated purpose, the lease term shall immediately cease, or in the case of a purchase, whether or not the property shall revert to the county which shall thereafter have the right to re-enter and repossess the property.
(Ord. No. 2005-45, § 7, 9-13-05; Ord. No. 2017-016, § 1, 7-11-17)