Brevard County |
Code of Ordinances |
SPECIAL ACTS |
Chapter 254. SPECIAL DISTRICTS |
Article IV. MELBOURNE-TILLMAN WATER CONTROL DISTRICT |
§ 254-127. Disposition of real property.
(a)
The board of directors is authorized to sell, lease, or otherwise convey or dispose of any lands or any interests or rights in lands to which the district has title, or to which it may hereafter acquire title, whenever the board of directors determines it is in the best interest of the district to do so at the best price and terms obtainable, for such terms and conditions as the board of directors may in its discretion determine. The power to sell, lease, or otherwise convey granted herein specifically includes the power by the district to enter into public or private partnerships regarding district lands upon such terms and conditions as the board of directors may in its discretion determine. However, any conveyance or agreement must be for a public purpose.
(1)
All sales of land, interests or rights in land, or the lease of any interests in land shall be for cash or upon terms and security to be approved by the board of directors. No deed shall be executed and delivered for any sale until full payment is made and received by the district.
(2)
Before selling or leasing any land or any interest or rights in and to any land, it shall be the duty of the district to cause a notice of intention to sell or lease to be published in a newspaper of general circulation published in the county no less than once each week for two successive weeks. The first publication shall be not less than 15 days nor more than 30 days prior to the meeting at which the proposed sale or lease will be considered. The notice shall set forth a description of the lands or interests or rights in lands offered for sale or lease.
(3)
Deeds of conveyance of lands, the titles to which are held by the district or in the name of its board of directors, shall be by special warranty deed.
(4)
All deeds of conveyance or leases held by the district or by its board of directors shall convey or lease only the interest of the district or its board of directors in the property covered thereby.
(b)
The board of directors may exchange lands or interests or rights in lands owned by the district, or lands or interests or rights in lands for which title is otherwise vested in the district, for other lands or interests or rights in lands within the state owned by any person. The board of directors shall fix the terms and conditions of any such exchange and may pay or receive any sum of money that the board of directors considers necessary to equalize the values of exchanged properties. Before any exchange of property is effected, notice of the meeting at which said exchange is considered shall be published in a newspaper of general circulation published in the county prior to the adoption by the board of directors of a resolution authorizing the exchange of properties. Notice shall be published at least once not less than seven days nor more than 14 days prior to the meeting at which the resolution will be considered.
(c)
In the event that the district seeks to purchase property, it may utilize the procedures set forth in F.S. § 166.045, and any amendments thereto.
(Laws of Fla. Ch. 2003-334, § 1)