§ 2-353. Proposed purchase of real property; confidentiality of records; acquisition by eminent domain.

(a)

In any case where the city seeks to acquire by purchase any real property for public purposes, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers and counteroffers are deemed confidential, as prescribed by F.S. § 166.045, and shall not be available for public disclosure or inspection, as being exempt from the provisions of F.S. § 119.07(1), until the option contract is executed, or if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the city council at a regular or special council meeting.

(b)

The city clerk shall maintain complete and accurate records of every such appraisal, offer, and counter offer. For the purpose of this section, the term "option contract" means a proposed agreement by the municipality to purchase a piece of property, subject to the approval of city council at a regular or special meeting after 30 days notice. The city council shall not be under any obligation to exercise an option unless the option contract is approved by the city council at a regular or special meeting of the city council.

(c)

The city manager shall obtain at least one appraisal by an appraiser approved pursuant to F.S. § 253.025(6)(b), for any purchase of real property of not more than $200,000.00. For a purchase in an amount in excess of $200,000.00, the city manager shall obtain at least two appraisals by appraisers approved pursuant to F.S. § 253.025(6)(b).

(d)

If the agreed upon purchase price exceeds the average appraised price of the two appraisals, the city council shall approved the purchase only upon an affirmative vote of a majority plus one of all council member.

(e)

Any action of the city council to acquire real property by the process of eminent domain pursuant to the provisions of F.S. §§ 166.401 and 166.411, shall require the affirmative vote of a majority plus one of all council members.

(Ord. No. 05-10, § 1, 11-7-2005)