§ 1-1-16. Alternative disposition for county lands.

In addition to the processes defined by F.S. section 125.35 relating to the sale and lease of county-owned real property, the county hereby establishes the following alternative disposition standards and procedures for real property:

(a)

Intent and authority. Pursuant to the county's economic development powers, as provided in F.S. section 125.045, authorizing the county to expend public funds to attract and retain business enterprises, including towards the leasing or conveying of real property; Charlotte County, through this section and the EDI Code, has established a process by which incentive funds may be credited towards the lease or acquisition of county-owned lands which had been declared available for incentive purposes.

(b)

Applicability. The alternative process established by this section shall only be available to applicants of the Charlotte County Economic Development Incentive Program as provided in Chapter 1-7, Article V, of the Code of Laws and Ordinances ("EDI Code"); unless otherwise provided in the Code the statutory methods of disposal of both real and personal property shall apply.

(c)

Declaration of property as surplus. The board of county commissioners ("board") may designate any real property owned by the county as surplus and available for use as an incentive pursuant to the EDI Code when it is no longer needed for county purposes. Such property may be leased or conveyed for economic development purposes pursuant to this section and in conjunction with the EDI Code.

(d)

Competitive process defined. Once real property has been declared surplus and available for economic incentive purposes any participant under the EDI Code, as defined therein, may be eligible pursuant to that article to receive a real property interest as an incentive to enhance economic activity within the county. An available inventory of available real property shall be approved by the board as required. The most recent valuations available shall be utilized by the county in determining the value of real property before any property interest is conveyed; unless more recent appraisals are available or requested by the county, the appraised value of real property shall be deemed to be the just valuation as reported by the property appraiser's office. The qualification standards for which eligibility to acquire an interest in real property under this section shall be the threshold and eligibility criteria established in the EDI Code and approval by the board of a program agreement consistent with that article. The negotiation procedures of the EDI Code for establishing the form and amounts of incentives, including real property, shall govern the disposition of real property under this section.

(e)

Notice. Before any interest in real property shall be transferred and before any program agreement, as defined in the EDI Code, authorizing or contemplating the transfer of any real property interest is entered into the county shall publish, at least thirty (30) days prior in a newspaper of general circulation in the county, its intent to consider such disposition of property along with the terms of the program agreement at a public hearing before the board. The notice shall note the time of the hearing and that public comments and objections may be made during the hearing.

(f)

Compliance with regulations. Prior to the acceptance of any program agreement under the EDI Code conveying any real property interest the participant shall indicate the proposed use of the real property for compliance with the county's comprehensive plan and zoning regulations. In no case shall a property interest be conveyed for a use which is inconsistent with the existing land use or zoning.

(Ord. No. 2010-073, § 1, 12-14-10)