ORDINANCE NO. 2019-10B
AN ORDINANCE AUTHORIZING THE PURCHASING AGENT TO ADVERTISE FOR AND SOLICIT SEALED BIDS TO SELL, TO THE HIGHEST RESPONSIBLE BIDDER, SURPLUS CITY OWNED IMMOVABLE PROPERTY (I.E. REAL PROPERTY) AND ALL IMPROVEMENTS THEREON LOCATED AT 1324 & 1414 MAIN STREET, JEANERETTE, LOUISIANA, 70544
WHEREAS, the City of Jeanerette (“City”) is the owner of immovable property (i.e. real property) and all improvements thereon, located at 1324 & 1414 Main Street, Jeanerette, LOUISIANA, 70544
WHEREAS, if the Property remains in the City’s inventory and it is no longer needed.
WHEREAS, the City desires to sell the Property.
WHEREAS, selling this Property will allow for commercial development of the property and allows the City to repurpose all proceeds of the sale for the benefit of the community; and
WHEREAS, before disposition can be made of City-owned immovable property (i.e. real property) under the provisions of La. R.S. 33:4712(B) the following is required an ordinance must be introduced: (1) giving the reasons for the action on the part of the governing authority, (2) fixing the minimum price and (3) terms of the sale, lease, exchange, or other contract to be made with reference to the property; and
WHEREAS, the City may sell immovable property; however, no real property or rights to real property shall be sold by the City except upon sealed bids or at public auction and after due advertisement, all as the City Council may from time to time determine and direct; and
WHEREAS, all sales made by the Purchasing Agent shall be made on the basis of competitive bids after such public notice as may be prescribed by the City Council by Ordinance and all sales shall be to the highest responsible bidder; and
WHEREAS, the sale of surplus public property shall be by competitive bids after public notice; and
WHEREAS, the sale shall provide for competition to the extent practicable and result in the highest possible return or at least payment of appraised fair market value; and
WHEREAS, Article VII, §14 of the Louisiana Constitution of 1974, provides that except as otherwise provided, the property or things of value of the City shall not be loaned, pledged, or donated to any person, association, or corporation, public or private, and therefore it can be said that Section 14 mandates that, at a minimum, a public entity must recover fair market value when selling surplus immovable property (i.e. real property); and
WHEREAS, the initial appraisal identified the market value of the Property is to be determined; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Alderman for the City of Jeanerette, Louisiana, in due, regular and legal session convened, that:
1. 1324 & 1414 MAIN STREET, JEANERETTE, LOUISIANA, 70544 is declared to be City-owned immovable property (i.e. real property) and all improvements thereon, and is surplus property and is not needed for public purposes.
2. As required by La. R.S. 33:4712(B), it is hereby stated that it has been determined by this Board of Alderman that it is in the best interest of the City to sell the Property.
3. The Appraisal is attached hereto and made part hereof as Exhibit “A”.
4. The Purchasing Agent, and/or her designee, is hereby authorized to advertise for and solicit sealed bids and to sell the Property, to the highest responsible bidder as required by law.
5. As required by law and the FTA, the MINIMUM BID PRICE, for the sale of the Property, shall be fixed and set at the appraised fair market value of the property as of November 12, 2019.
6. All sales made by the Purchasing Agent shall be made on the basis of competitive bids after such public notice as may be prescribed by law and all sales shall be to the highest responsible bidder.
7. As required by La. R.S. 33:4712(B), the Property, including any and all improvements, is described as: 1324 & 1414 MAIN STREET, JEANERETTE, LOUISIANA, 70544.
8. This is the first advertised attempt to sell this property.
9. To the extent permitted by law, the City shall reserve unto itself all oil, gas and other minerals and mineral rights, whatsoever, in, on or under the described Property to be transferred.
10. To the extent permitted by law, the City shall reserve unto itself all air rights, whatsoever, in or above the described Property to be transferred to the extent it does not infringe on federal regulations or statutory impositions.
11. The sale of the Property shall be “AS IS”. There shall be no warranty of fitness, condition or title. The City does not warrant the use of the property for any particular purpose. The City does not warrant that the property does not contain hazardous substances such as, but not limited to, asbestos, lead or lead paint. By submitting a bid, the Purchaser acknowledges this waiver of any warranty which shall be permanent and irrevocable.
12. The Purchasing Agent may reject any and all bids and readvertise for bids with the approval of the City Council.
13. The invitation for bids (IFB), a request for proposals, or other solicitation may be cancelled, or all bids or proposals may be rejected, if it is determined in writing by the Purchasing Agent, or her designee, that such action is taken in the best interests of the City. La. R.S. 39:1605.
14. If the City fails to sell the property because the maximum bid received was not equal to or greater than the minimum bid established, by this ordinance, the Purchasing Agent shall reject all bids and is hereby granted the authority to readvertise to solicit bids under a newly issued invitation for bid (IFB) and is hereby granted the authority to repeat the process until the Property is sold or as otherwise directed by the City Council.
15. As required by La. R.S. 38:2213, the City shall disclose in the official record at least seven (7) days prior to the sale (or purchase) of any land by it, the names of any person known to be: (1) An elected official of the state or any of the City who has a pecuniary interest in the purchase or sale of such land; or (2) An appointed official or employee of the City making the purchase or sale and having a pecuniary interest in the purchase or sale of the land.
16. The Mayor of the City of Shreveport is hereby authorized to execute any and all documents necessary to carry out the sale of the Property or take any action in furtherance or necessary to complete the terms and intent of this Ordinance.
17. The City’s Attorney, or its designee, shall prepare the Act of Sale and conduct the closing.
18. The City Council declares and confirms, in accordance with La. R.S. 33:4712, that notice of this ordinance was published at least three (3) times within fifteen (15) days, one week apart prior to adoption of said ordinance and all other procedural requirements have been met.
19. Subject to the requirements of La. R.S. 33:4712(C), this ordinance shall not become effective until ten (10) days after its passage, during which time any interested citizen may apply to the district court having jurisdiction of the municipality for an order restraining the disposition of the property.
20. Subject to the conditions expressed in the above paragraph and in accordance with the requirements of La. R.S. 33:4712(C), if no order restraining the disposition of the property has been issued by the District Court, the effective date of this Ordinance shall be ten (10) days after its adoption/passage and cannot be contested for any reason thereafter.
BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this Ordinance are hereby declared severable.
BE IT FURTHER ORDAINED, that all ordinances and resolutions in conflict herewith are hereby repealed.
This Ordinance shall take effect on November 22, 2019.
This Ordinance was introduced on the 14th day of October by Alderman Bourgeois notice of public hearing having been posted on October 17, 2017, said public hearing having been held on November 12, 2019, the title having been read and the ordinance considered, on motion of Alderman Lancon, whom moved its adoption, seconded by Alderman Clark, and upon roll call was adopted by its title, section by section, and as a whole, by the following yea and nay vote:
YEAS Alderman Clark, Alderwoman Moore, Alderman Ward, Alderman Lancon
ABSENT: Alderman Bourgeois
This Ordinance was thereupon declared adopted by Mayor and was approved and signed by him and attested by the City Clerk and the corporate seal of the City of Jeanerette affixed hereto on this 14th day of November, 2019.
CITY OF JEANERETTE
Mayor Carol Bourgeois Jr.
City Clerk Susan Colden
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