REAL PROPERTY DISPOSITIONS AND EXCHANGES

Jacksonville Ordinance Code tit. V, ch. 122, pt. 4, subpt. B

in effect

Jacksonville Ordinance Code § 122.421 General provisions; delegations of authority.

Sec. 122.421. - General provisions; delegations of authority. (a) Dispositions authorized. Except as may be expressly provided for elsewhere in this Code or by ordinance of the City Council, the disposition of any interest in City-owned real property including use rights in City-owned real property shall be made in the manner established by this Subpart B. (b) Preservation of parklands. It is a policy of the City that no parklands, park facilities or other recreational or park related land or space of the City shall be converted to another use or sold by the City, pursuant to Subpart B of this Chapter, unless the following conditions have been met: (1) The property is to be used as a civic or community center; or (2) If a sale becomes necessary for the greater public good by either local, State or federal needs, in which case the City shall replace that facility, land, or space with new park facilities, land or space of equal or greater size and value in the same general area or as close thereto as possible, to assure that adequate recreational and park facilities, land or spaces are available for use by the neighborhoods impacted by the sale. (c) Historic preservation. Any surplus property determined by the Jacksonville Historic Preservation Commission to have historical or architectural significance shall be sold or otherwise conveyed by the City only with protective covenants in form and content acceptable to the Commission and the Office of General Counsel, to ensure the property's preservation and proper rehabilitation. (d) Authority to execute documents. The Real Estate Division is authorized to dispose of interests in City-owned real property in the manner set out in this Subpart B, and to execute use agreements, leases, and purchase and sale or donation agreements, and to execute all appropriate closing documents. Unless expressly provided otherwise in this Subpart, the Mayor and the Corporation Secretary shall execute all deeds and easements. (e) Costs of closing. The grantee of an interest in City-owned property shall pay all costs of closing and the costs of any due diligence products or investigations the grantee may require. The Real Estate Division is not authorized to obligate the City to cure any deficiencies identified by grantee's inspections and investigations. (f) City Council approval. All dispositions by the Real Estate Division of property assessed at $100,000 or more shall be shall be approved by City Council. The Real Estate Division shall not bifurcate a disposition to avoid review by the City Council. (g) No warranties; release of right of reentry for subsurface interests. All conveyances of a fee interest in City-owned real property by the Real Estate Division shall be "as is, where is, and with all faults," and conveyed by quitclaim deed. The deed shall release any rights of entry the City may have to subsurface minerals. The Real Estate Division shall not opine on the quality of title to a prospective purchaser, but may encourage a prospective purchaser to make its own inquiries into the quality of title. (h) Delinquent liens. The Real Estate Division shall not convey property to a person who is delinquent on the payment of City liens or real estate taxes. (i) Proceeds from disposition. Unless otherwise specifically provided for, the net proceeds from the sale or use of City real property pursuant to this Part shall be deposited in the Environmental Protection Fund at Section 111.755, for environmental remediation if the property was previously an ash site, or deposited in the Jacksonville Recreational and Environmental Land Acquisition Capital Projects Fund, as created in Section 111.130 for the purpose of maintaining or acquiring land for recreation, park and conservation uses. (j) Review by Office of General Counsel. All legal documents to dispose of City-owned property, including leases, easements and use agreements, and any closing documents associated with the transfer, shall be reviewed by the Office of General Counsel for form and legality. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.422 Determination of need; declaration that property is surplus to the needs of the public.

Sec. 122.422. - Determination of need; declaration that property is surplus to the needs of the public. (a) Escheated and foreclosed properties. Property acquired by the City through escheatment or foreclosure is surplus to the needs of the public. The Real Estate Division is authorized to convey escheated property to the record fee simple owner of such lands as of the date the City obtained title to the lands upon payment by the prior owner of an amount equal to all taxes, including municipal taxes and liens, if any, which had become delinquent, together with interest and costs provided by law. If the escheated lands have not been assessed for taxes for the current year the prior owner shall pay, in addition, the taxes for the current and omitted years, the latter amount to be determined by applicable millage for the omitted years and based on the last assessment of the escheated lands. (b) Need determination. Prior to the disposition of an interest in any City-owned real property, the Real Estate Division shall circulate a sufficiently detailed description of the property to each City Agency to determine whether there is a need for the City to allocate or convey the property to a City Agency for the agency's purposes. For purposes of this subsection (b) only, the term "City Agency" shall refer to a City department, board, council (other than the City Council), authority, commission (including, if the property is more than 50 years old, the Jacksonville Historic Preservation Commission), independent agency, community redevelopment agency established pursuant to F.S. Ch. 163, Pt. III, or any non-profit community land trust organization whose mission is to develop and preserve affordable housing for residents, or, if determined by Real Estate Division to be appropriate, any other federal, state, or local government agency. The notified City Agencies shall have ten business days after receipt of notice from the Real Estate Division to notify the Real Estate Division if the City Agency needs the property for public purposes or, if the City's disposition is of less than a fee interest, if the disposition will unreasonably interfere with the notified City Agency's use of the property. If the City Agency fails to notify the Real Estate Division within the ten-day period of the City Agency's need or conflicting use, the City Agency shall be deemed to have no need to use the property for public purposes or no conflicting uses of the property. The Council Member for the district in which the property is located shall be notified by the Real Estate Division that the property is being circulated for a determination of need prior to disposition. (c) Need declared. If a notified agency expresses need for the property for public purposes or that it has a use of the property that conflicts with the proposed use, such as when the disposition of an easement interest is requested, the Real Estate Division shall allocate the property to such City Agency for management as provided in Section 122.415, or convey the property to such City Agency, as applicable, subject to such conditions, restrictions, and covenants as deemed appropriate by the Real Estate Division for such conveyance. A City Agency that declares a need for the property shall submit its plan of use and a schedule for implementing the planned use, and identify its funding source for implementation of the plan within two years from the date the property was allocated or conveyed to such agency. In the case of a City Agency that has been allocated property to manage, the Real Estate Division is authorized to dispose of the property if the managing City Agency fails to provide the required information within the time required under this subsection. (d) No need declared; City Council review. If the property is not needed for a public purpose but within ten business days after notice the Council Member in whose district the property is located objects to the disposition, then the Real Estate Division shall request legislation for submission to the Council to declare the property surplus to the needs of the public and to authorize the disposition of the property. If after objection by a Council Member the Council declares the property surplus and authorizes its disposition then the Real Estate Division may dispose of the property in any manner authorized by this Subpart. If the Council does not authorize the disposition the Real Estate Division shall allocate the property to an appropriate agency for management. An agency allocated property as a result of action by the City Council is not required to submit a plan of use. (e) Authority to dispose of surplus property. If the property is not needed for a public purpose and no objection to disposition is received from the Council Member in whose district the property is located within ten business days after notice to the Council Member, then the property is surplus to the needs of the public and the Real Estate Division may dispose of the property in any manner authorized by this Subpart; provided that property appropriate for affordable housing shall be disposed of in the manner required by this Code for dispositions for affordable housing. (Ord. 2018-871-E, § 2; Ord. 2021-115-E, § 1)

Jacksonville Ordinance Code § 122.423 Disposition for affordable housing.

Sec. 122.423. - Disposition for affordable housing. (a) Suitability for affordable housing. Surplus property is appropriate for affordable housing and shall be placed on the affordable housing inventory list if it satisfies the criteria below, and the Real Estate Division may sell or donate the property for use as affordable housing. All sales proceeds of property for use as affordable housing shall be deposited in the Affordable Housing Special Revenue Fund at Section 111.940, Ordinance Code, for affordable housing purposes. Surplus property that does not satisfy the criteria below is not subject to the provisions of this section. Affordable housing sales or donations may be made for single family development, multi-family development, neighborhood supported commercial uses, and similar uses supportive of affordable housing. For purposes of this section, "Affordable" with respect to residential use has the meaning ascribed to it in F.S. § 420.0004, as amended from time to time. The criteria to determine whether property is appropriate for affordable housing are: (1) The property is not allocated pursuant to Section 122.415 of the Code to a City agency, board or commission, including the Downtown Investment Authority or the Office of Economic Development, other than the Real Estate Division. (2) The parcel has legal access to a public road; and (3) The parcel is located within 500 feet of a public water and sewer line or an existing septic system as confirmed by JEA; and (4) The parcel is buildable as determined by the Director of the Planning and Development Department or his designee; and (5) Current or planned zoning of the parcel is AGR (Agricultural), CRO (Commercial Residential Office), RHD (Residential High Density) RLD (Residential Low Density), RMD (Residential Medium Density), RR (Rural Residential), RO (Residential/Office), or within a Planned Unit Development with residential entitlements as determined by the Director of the Planning and Development Department or his designee; and (6) The parcel has not previously been used for a right-of-way, wasteland, or retention pond; and (7) The parcel is not designated or located in Flood Zones "A" or "AE". (b) Affordable Housing Inventory. Surplus properties appropriate for affordable housing shall be placed on an affordable housing inventory list as required by F.S. §§ 166.0451 and 125.379, for adoption by the Council no later than July 1, 2019 and no less often than every third year thereafter. The inventory list required by this Section is in addition to the inventory required by Section 122.401(e). The affordable housing inventory shall be posted on the City's web site. (c) Donation for affordable housing. For a period of 30 days after posting of the Council-approved affordable housing inventory list, the Housing and Community Development Division ("Division") may donate properties on the list exclusively to non-profit entities with prior experience in constructing or rehabilitating affordable housing or other uses supportive of affordable housing, as determined by the Division, on a first come-first served basis. Thereafter, for a period of 60 days, the Division may donate properties on the list to any entity, both non-profit and for profit, with prior experience in constructing or rehabilitating affordable housing or other uses supportive of affordable housing, as determined by the Division. For purposes of this section, a "donee" is an entity donated property by the Division pursuant to this section. Any donation pursuant to this section shall contain a restriction that requires the development of the property (i) as permanent affordable housing within three years after the donation as evidenced by receipt of a certificate of occupancy; or (ii) for other uses supportive of affordable housing (e.g., neighborhood supported commercial uses). The Chief of the Division is authorized to extend for good cause the three-year requirement for a donee to develop affordable housing by up to two years. The donee shall execute any necessary transaction documents required by the Division to effectuate the donation. The donee shall also provide the Division with evidence verifying that housing constructed or rehabilitated in accordance with this subsection is "affordable" pursuant to F.S. § 420.0004, prior to the donee's conveyance of the property to a qualifying individual homeowner. (d) Transfer restrictions; failure to comply with donation restrictions; remedies. Property donated to a donee pursuant to this subsection may not be subsequently transferred by such donee prior to the donee's compliance with the donation restriction without prior City approval. If the donee fails to comply with the donation restriction in this subsection, the City, acting through the Mayor or the Mayor's designee, in addition to all other remedies available at law, shall have the right, at its option, to either: (1) exercise a right of re-entry reverter on the donated property; or (2) invoice the donee for the current assessed value of the donated property as shown on the tax rolls. Upon an election by the City to re-enter and take possession of the donated property pursuant to a right of re-entry reverter, the donee shall be required, at no cost to the City, to convey the donated property to the City by deed subject only to City permitted encumbrances. Upon an election by the City to invoice the donee for the current assessed value of the donated property, the donee shall be given a reasonable period of time to pay the invoice. Donated properties remaining on the affordable housing inventory list after the period for donations has expired or reverting to the City pursuant to the City's right of reentry reverter for failure to comply with a donation restriction may be offered for sale for affordable housing through public auction or by accepting competitive bids. Properties on the affordable housing inventory list remaining unsold 180 days after the period for donations has expired or after a reversion has occurred shall be deemed unsuitable for affordable housing and may be disposed of by the Division in any manner authorized by the provisions of this Code. (e) Chief authorized to promulgate additional rules and regulations. The Division Chief may promulgate additional rules and regulations regarding properties donated pursuant to this section provided that such rules and regulations are not inconsistent with this section. (f) Educational workshops required. The Division shall conduct a minimum of four educational workshops electronically or in-person for the public within 30 days of the Council's adoption of the Affordable Housing Inventory List. At least one educational workshop shall be conducted in person. Such workshops shall be advertised on the Division's website, in a newspaper of general circulation, Citizen Planning Advisory Committee distribution lists, and in City owned community centers a minimum 14 days in advance of the scheduled workshop date. The purpose of the workshop shall be to educate the general public on the donation procedures set forth in this section. (g) Prohibited donation of property to certain entities. Property donated pursuant to this section shall not be conveyed to any person, entity, or organization and any affiliates thereof, including, but not limited to, a for profit or non-profit corporation, partnership, limited liability company, joint venture, business trust, or consortium (collectively, "Entity"), if one or more of the following conditions exist at the time of the property donation or conveyance by the City: (1) The Entity, or its affiliates, is in noncompliance with a donation agreement executed by the Entity pursuant to this section; (2) The Entity, or its affiliates, is on the Council Auditor's noncompliance list pursuant to Chapter 118, or the Vendor Debarment List pursuant to Chapter 126, Ordinance Code; (3) The Entity, or its affiliates, is in noncompliance with a City agreement to which the Entity is a party; (4) The Entity, or an affiliate of the Entity, is delinquent on taxes or the payment of liens, including code enforcement or nuisance liens, on real property owned by the Entity and such taxes or liens incurred after the Entity took ownership of the real property; and (5) The Entity, or its affiliates, is in noncompliance with the conditions or requirements of a City grant award or program. Donated property shall not be conveyed to an Entity until the Entity, or its affiliates, is in compliance with this section. An Entity, or its affiliates, shall have 30 days to comply with this section. If an Entity fails to comply with this section within such time period, the Entity's donated property request shall be deemed forfeited. (Ord. 2018-871-E, § 2; Ord. 2019-290-E, § 7; Ord. 2021-115-E, § 1; Ord. 2023-498-E, § 1)

Jacksonville Ordinance Code § 122.424 Disposition by direct sale.

Sec. 122.424. - Disposition by direct sale. (a) Adjoining owners. Negotiated sales may be made to adjacent landowners as follows: (1) The Real Estate Division may negotiate directly for the sale of surplus property with adjacent property owners. The Real Estate Division may send notice by mail to the adjacent property owners that the surplus property is available for purchase. The Real Estate Division may convey the parcel at private sale to an adjoining owner without receiving bids or publishing notice. If, within ten business days after receipt of the notice by the adjoining owners, two or more qualifying adjacent property owners notify the Real Estate Division of a desire to purchase the surplus property, the Real Estate Division may negotiate directly with the competing property owners and may convey the parcel to the owner who agrees to the highest price or the Division may reject all offers. The Real Estate Division is authorized to execute all documents required to convey the property to the successful owner including execution of the deed. The conveyance documents shall be acceptable in form to the Office of General Counsel and the deed shall cite this Section as authority for the Real Estate Division's execution. (2) The Real Estate Division may sell unused parcels of land acquired for public works projects to the property owner or owners adjacent to the unused parcels for negotiated price of the parcel or parcels. The Real Estate Division is authorized to execute contracts for sale and closing documents for the conveyance. The Real Estate Division is authorized to execute and deliver the deed of conveyance for the unused parcels to the adjacent property owner. (b) Donations or sales for nominal value to other public agencies. If the United States, or any department or agency of the United States, the State or any political subdivision or agency of the State, or any municipality of this State or any independent agency of the City, desires any City-owned real property and the property is not needed for other public purposes, then regardless of the actual value of the property the Real Estate Division may donate or sell the property to the applicant for nominal value, and is authorized to execute all contract and closing documents, including the deed. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.425 Disposition by auction or sealed bid.

Sec. 122.425. - Disposition by auction or sealed bid. (a) Public auction. If the Chief of the Real Estate Division determines that a property may be more advantageously disposed of by public auction, the Chief may sell the property at public auction to the highest and best bidder for cash, after publication of a notice of the auction in a newspaper of general circulation in the City, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), published at least ten days before the date of the auction, setting forth the date, time and place of the auction and a legal description and street address (if available) of the surplus real property. Persons who have requested notice from the Real Estate Division of auctions of City-owned property shall be notified of the date and time and place of property auctions. (b) Sealed bid. The Real Estate Division may choose to submit any City-owned surplus property to the Procurement Division for sale through a sealed bid process. The Real Estate Division may request the Procurement Division to advertise the property for sale in a local newspaper of general circulation, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), for a minimum bid equal to the appraised value, if an appraisal was obtained, but no less than 25 percent of the assessed value. The bidding period shall remain open for ten days after publication of the notice. The property shall be sold to the highest bidder for cash whose bid meets or exceeds the minimum bid. (Ord. 2018-871-E, § 2; Ord. 2023-187-E, § 5)

Jacksonville Ordinance Code § 122.426 Dispositions of Community Redevelopment Property.

Sec. 122.426. - Dispositions of Community Redevelopment Property. The provisions for disposition of Community Redevelopment Property are those in Subpart C (Community Redevelopment Real Property Dispositions), Part 4 (Real Property), Chapter 122 (Public Property) of the Ordinance Code. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.427 Use by third parties of City-owned real property for special events or communication antennas.

Sec. 122.427. - Use by third parties of City-owned real property for special events or communication antennas. (a) Special events and A. Philip Randolph Entertainment District. Use of City property for special events is governed by the provisions of Chapter 191 (Special Events and A. Philip Randolph Entertainment District), Ordinance Code. (b) Communication antennas and towers. Use of City property for communication antennas and towers is governed by Subpart E (Permits for Communication Antennas and Towers on City Property), of this Part 4. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.428 Leasing of City-owned Real Property.

Sec. 122.428. - Leasing of City-owned Real Property. (a) Lease. "Lease" means an interest in land designated by a contract creating a landlord-tenant relationship between the City and the lessee granting lessee exclusive use, possession, and control of specified property. (b) Real Estate Division authority; exceptions. Unless otherwise specifically provided for in this Ordinance Code, including but not limited to those provisions specifically provided for the Downtown Investment Authority in Chapter 55, and with the exception of subsurface interests, which may only be conveyed on approval of the City Council, the Real Estate Division is authorized to pursue, negotiate, and execute leases of City-owned real property for a term of one year or less with no more than one one-year renewal, for residential, recreational, commercial, industrial, educational, retail, or other uses. The allocation of space in public buildings for use by City agencies and the independent authorities is provided in Chapter 108, Ordinance Code, and is not among the delegations granted here. Leases for communication antennas and towers on City Property are addressed in Subpart E, and site leases for small cell antennas on City improvements are addressed in Part 4A, Chapter 711, Ordinance Code, and are not governed by the lease provisions in this Subpart. (c) Renewal. All leases may be renewed by the Real Estate Division on the terms and conditions provided for renewal in the lease. (d) Due diligence. Prior to executing an agreement for the lease of City-owned real property the Real Estate Division shall investigate whether the property to be leased is encumbered by a bond indenture. If the property is subject to a bond indenture, the Real Estate Division shall seek guidance from the Office of General Counsel and the Division of Finance to determine whether a lease of the property for the intended uses would violate the indenture. The Real Estate Division shall take no action that would cause the interest on the bonds to become taxable. (e) Value received. The rental for the lease of City-owned real property shall be a value determined to be in the public interest taking into account market rental rates. Any lease for less than fair market value shall be approved by the City Council. (f) Required terms. Lease provisions for leases by the Real Estate Division shall provide for lease fees, maintenance, termination and such other provisions necessary or appropriate to protect the City's interests. Each lease shall contain the indemnity and insurance provisions required by the City's Risk Management Division. (g) Reservation of rights. Each lease shall reserve to City the right to terminate the lease under circumstances that threaten the public health or safety, of if the lease creates an adverse impact on the City's tax-exempt bond status. (h) No warranties. No lease shall warrant the feasibility of the tenant's use or the current or ongoing quality or conditions of the improvements or their suitability for lessee's purposes, the competence or qualifications of any third party furnishing services, labor or materials whether or not City has approved the contract for the third party activities, or any other form of warranty or indemnity, including an indemnity for attorney fees. The lessee shall acknowledge that the lessee has not relied and will not rely upon any experience, awareness or expertise of the City, or the City's employees, agents or contractors and shall acknowledge that the City's only responsibility under the provisions of the lease is to provide quiet enjoyment. The City shall not be liable to lessee for any damages arising from lessee's use of the City improvements, whether economic or noneconomic, general or special, incidental or consequential, statutory, or otherwise, arising out of the presence or operation of lessee's activities on City-owned real property. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.429 Use Agreements.

Sec. 122.429. - Use Agreements. (a) Use agreements. "Use agreement" means a grant or agreement which confers upon the grantee a nonexclusive and limited right, liberty, and privilege to use City-owned real property for a specific purpose and for a specific time. (b) Authority. The Real Estate Division is authorized to enter into Use Agreements for the short term use of City-owned property not to exceed one year with federal, State, or local governments or instrumentalities for purposes beneficial to the City such as, by way of example and not by way of limitation, a temporary construction lay down area for construction of public transportation. (c) Use agreements for private use. Except as otherwise provided in this Code, for a reasonable fee, the Real Estate Division is authorized to enter into Use Agreements for the short term private use of City-owned property, not to exceed 60 days, by private entities for non-consumptive uses. (d) Terms; City Council approval. The Use Agreements authorized in this Section shall include the insurance and indemnity provisions required by the Risk Management Division and be non-renewable. Use agreements for longer periods, or the extension of use agreements beyond the original allowed term require authorization by the City Council. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.430 Permits to State for road construction.

Sec. 122.430. - Permits to State for road construction. (a) The Director of Public Works is authorized to grant and issue permits to the State, or to any State agency, for the construction of improvements on City-owned rights-of-way if: (1) The State project involved is a primary or secondary road project; and (2) The improvements sought to be constructed on City-owned rights-of-way are necessary to the completion of the project. (b) An application for issuance of the permit shall be filed with the Public Works Department, accompanied by such drawings, maps and other information as the City Engineer may require. The City Engineer shall review the application and accompanying documents for appropriate usage of the City-owned rights-of-way and conformity of the intended improvements with the City's own capital improvement program. If the intended improvements are appropriate and in conformity, the City Engineer shall approve the application and forward it to the Director of Public Works. If the intended improvements are not appropriate or do not conform as required by this subsection, the City Engineer shall disapprove the application and return it to the State agency that filed it. The City Engineer may suggest changes in the intended improvements so that they will be appropriate and in conformity. (c) The approved application forwarded by the City Engineer shall be considered by the Director of Public Works. If he grants the permit, he shall execute a written permit and issue it to the State agency that requested it. The form of the permit shall be approved by the Office of General Counsel. A copy of the permit shall be filed in the Real Estate Division. (d) Notwithstanding that a permit may be granted by the Director of Public Works, the City retains jurisdiction over the portion of the City-owned rights-of-way subject to the permit for the purpose of capital improvement planning and construction for the general welfare of the people of the City. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.430.1 Easements of City-owned Property.

Sec. 122.430.1. - Easements of City-owned Property. (a) Easement. "Easement" means a non-possessory interest in lands created by a grant or agreement which confers upon the grantee the limited right, liberty, and privilege to use City-owned lands for a specific purpose and for a specific time. (b) Form of Easements. No easement shall be granted by the Real Estate Division for a period of time longer than the need for the easement, which may be perpetual. All easements granted by the Real Estate Division shall be non-exclusive and for fair value except those easements granted to a governmental entity for a public purpose, which may be granted without cost and may be executed by the Real Estate Division. All easements shall include the insurance and indemnity provisions required by the City's Risk Management Division. No easement granted by the Real Estate Division shall result in any increased expense to the City. Any easement that requires extraordinary conditions for the City's protection or will result in increased costs to the City must be authorized by City Council. (c) Easements for private use. Easements for private use may be granted by the Real Estate Division only if the requested use is necessary to the applicant's use of its property and the applicant has no reasonable alternative for the necessary use other than use of City-owned land. If the needs analysis under the provisions of Section 122.422, Ordinance Code, discloses that the proposed use will not interfere with public use of the land, the easement may be sold to the applicant for no less than fair market value, in cash or in kind, as determined by an appraisal obtained by the City at the applicant's cost. If research concludes that the easement is required by law then it shall be granted without cost. (d) No interference with public use. The Real Estate Division may not enter into easements the use of which will interfere with existing public use of the land. (e) Nothing in this Subpart 4 shall be construed to authorize the Real Estate Division to vacate, abandon, discontinue or close any public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, the authority for which is expressly reserved to the City Council under the provisions of F.S. § 336.09. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.430.2 Release of Reservation, Restrictions, and Reverters; Subordinations.

Sec. 122.430.2. - Release of Reservation, Restrictions, and Reverters; Subordinations. (a) Right of entry for subsurface rights released. The right of entry for the purpose of exploration and for phosphate, minerals, metals and petroleum or any interest as reserved pursuant to F.S. § 270.11, is released. (b) Subordinations of City property interests. The Real Estate Division may execute subordinations of the City's interest in rights-of-way to a State or federal agency that requires a superseding interest for public purposes for the benefit of the City. (c) Subordinations of mortgages and liens. The Mayor and Corporation Secretary are authorized to execute mortgage or lien subordinations where the subordination will put the City in no worse position than it held prior to the subordination. (Ord. 2018-871-E, § 2)

Jacksonville Ordinance Code § 122.430.3 Exchanges.

Sec. 122.430.3. - Exchanges. (a) Notice. Before any exchange of property occurs, a notice setting forth the terms and conditions of the exchange of property shall be published once a week for at least two weeks in a newspaper of general circulation published in the City, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), before the exchange of properties. (b) Settlement of a difference in value. No exchange entered into by the Real Estate Division shall require the City to pay the grantor the difference in value when the grantor's property has a greater value than the City property being exchanged. City-owned property may not be exchanged except on receipt of fair market value including, if necessary, the payment by the grantee of the difference in value between the grantee's property and the City property. (c) Applicable provisions. The part of the exchange transaction that will result in a conveyance of real property to the City shall be conducted pursuant to Subpart A of this Part 4. The part of the exchange transaction resulting in the City's conveyance of real property to a third party may be conducted by private negotiation but otherwise shall be conducted pursuant to Subpart B of this Part 4. (Ord. 2018-871-E, § 2; Ord. 2023-187-E, § 5)

Jacksonville Ordinance Code § 122.430.4 Relocation of Easements.

Sec. 122.430.4. - Relocation of Easements. When it becomes necessary or desirable for a developer to relocate easements previously granted to the City and the relocation will result in at least the same benefits to the City as the existing easement, in the opinion of the City Engineer, then the Real Estate Division may execute a modification of the easement to relocate it from its existing location to the replacement location. (Ord. 2018-871-E, § 2)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPBREPRDIEXFetched: 10/27/2026