§ 2-291. Sale and conveyance of real and personal property belonging to the county.

(a)

The Board is hereby authorized to sell and convey real or personal property belonging to the county whenever the board determines that it is in the best interest of the county to do so. Requests to initiate the sale and conveyance of real or personal property belonging to the county may be presented to the board by the directors of the various county departments or their respective staff.

(b)

Upon a determination by the board that it is in the best interest of the county to sell and convey a parcel or parcels of real property or personal property belonging to the county, and unless specifically directed by the board to effect the sale through the use of a particular method, the purchasing director is hereby authorized, in his discretion, to exercise all rights, powers and duties to effect such sale through one of the following methods:

(1)

In accordance with procedures set out in Section 125.35(1)(a), Florida Statutes, the sale and conveyance of real or personal property may be made to the highest bidder who has complied with terms and conditions established by the purchasing director for bids for the purchase of such property and after notice of such proposed sale has been published once a week for at least two (2) weeks in a newspaper of general circulation published in Polk County. In the case of such sale, the board may require that a deposit be made or a surety bond be given with each bid submittal.

(2)

In accordance with procedures set out in Section 125.35(2), Florida Statutes, a private sale of property may be made when the parcel is of insufficient size and shape to be issued a building permit or when the value is fiftten thousand dollars ($15,000.00) or less and when, due to size, shape, location and value, it is of use only to one or more adjacent property owners.

(3)

Pursuant to the authority granted in Section 125.35(3), Florida Statutes, the sale and conveyance of real or personal property may be made to the highest bidder at a public auction under the following conditions:

a.

The purchasing director is hereby authorized to market, advertise, and otherwise promote the parcel or parcels to be offered for sale at a public auction.

b.

At the time the board makes the determination that it is in the best interest of the county that the property is to be sold or conveyed, the board shall establish minimum bids for purposes of the public auction.

c.

A notice setting out the date, time and location of the public auction shall be published in a newspaper of general circulation published in Polk County, once a week for at least two (2) weeks prior to the date set for the auction. The notice shall contain, if applicable, a description of the personal property to be sold, a legal description of the parcel or parcels of real property to be sold, the existing land use designation for the real property as established by the Polk County Land Development Code and the Polk County Comprehensive Plan, the minimum bids established by the board and a statement that copies of documentation and information relating to the properties to be auctioned and procedures for the auction shall be available at the Polk County Purchasing Division, 2470 Clower Lane, Bartow, Florida, during normal business hours.

d.

The successful bidder at auction shall make a cash payment of ten (10) per cent of the successful bid on the date of the auction. For personal property, the balance shall be paid within thirty (30) days from the date of the auction. For real property, the balance shall be paid at closing, no later than thirty (30) days from the date of the auction.

(4)

In addition to the methods of disposition provided elsewhere in this article, the board of county commissioners may, by resolution adopted at a public meeting, direct some other method of disposition pursuant to resolution.

(c)

Sales of real or personal property pursuant to the procedures set out in this section shall be "as is." Sales of real property shall convey only the interest of the county in the property and shall not warrant the title or otherwise represent any state of facts concerning the property. Conveyance of the real property shall be made by means of a county deed as set out in Section 125.411, Florida Statutes.

(Ord. No. 06-024, § 8, 5-10-06)