Title
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Development Consulting Inc has requested to purchase property located at the Foley Beach Express Industrial Park.
Body
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA (the
"City") as follows:
Section 1. The City has heretofore, upon evidence duly presented to and considered by it, found and determined, and does hereby find, determine and declare that:
(a) The City has heretofore acquired certain real estate located in the Foley Industrial Park on Foley Beach Express, within the corporate limits of the City. Certain of
such real estate has been conveyed to The Industrial Development Board of the City of Foley, Alabama (the"IDB") and shall be re-conveyed by the IDB to the City for purposes hereof.
(b) Development Consulting, Inc., an Alabama corporation (the "Corporation"), has requested the City to sell and convey title in fee simple in and to the real estate
described on Appendix A (collectively, the "Property") in the Foley Industrial Park to the Corporation for the location thereon of corporate offices and distribution and service
facilities.
(c) The Property is not needed for the public or municipal purposes of the City.
(d) (1) The City is authorized under Amendment No. 750 of the Constitution of Alabama of 1901, as amended, to sell and convey title in fee simple to the Property
to the Corporation on terms and for consideration approved by the governing body of the City.
(2) The expenditure of public funds by the sale of any portion of the Property for an amount less than the original purchase price paid by the City
therefor will serve valid and sufficient public purposes notwithstanding any incidental benefit accruing to any private entity.
(3) On August 24, 2016, the City caused to be published in The Onlooker, which newspaper has the largest circulation in the City, the notice required by
Amendment No. 750, a true and correct copy of which notice is attached to this Ordinance as Appendix B (the "Notice").
(4) The information set forth in the Notice is true and correct.
(5) Publication of the Notice is hereby ratified and confirmed.
(e) It is necessary, desirable and in the best interests of the taxpayers and citizens of the City that the City sell and convey the Property to the Corporation on such
terms and for such consideration as the governing body of the City shall approve.
Section 2. The City does hereby approve, adopt, authorize, direct, ratify and confirm:
(a) the sale and conveyance to the Corporation by statutory warranty deed of title in fee simple to the Property for a total price of $408,940.
(b) the terms and provisions of any agreements of purchase and sale by the City, the IDB and the Corporation with respect to the purchase of the Property by the Corporation;
(c) the terms and provisions of, and the transactions to be undertaken pursuant to, the Statutory Warranty Deed with respect to the Property set forth in Appendix C hereto.
Section 3. The documents described in Section 2 of this Ordinance (herein collectively the "DCI Documents") are approved in substantially the form and of substantially the content as the
DCI Documents presented to and considered by the City Council, with such changes or additions thereto or deletions therefrom as the officer of the City executing those of the DCI Documents to
which the City is a party signatory thereto shall approve, which approval shall be conclusively evidenced by execution of the DCI Documents by such officer as hereinafter provided.
Section 4. The DCI Documents presented to, considered and adopted by the City Council shall be filed in the permanent records of the City.
Section 5. The Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the DCI Documents for and on behalf of and in the name of the City. The
City Clerk of the City is hereby authorized and directed to attest the same.
Section 6. The officers of the City, or any one or more of them, are hereby authorized and directed to do and perform or cause to be done or performed in the name and on behalf of the
City such other acts, and execute, deliver, file and record such other instruments, documents, certificates, notifications and related DCI Documents, all as shall be required by law or necessary or
desirable to carry out the provisions and purposes of this Ordinance and the DCI Documents.
Section 7. Any prior actions taken or agreements made or documents executed by any officers of the City in connection with the DCI Documents and the transactions herein authorized
and approved are hereby hereby ratified, confirmed and approved.
Section 8. This Ordinance shall take effect immediately and all resolutions, ordinances, orders, or parts thereof in conflict or inconsistent with any provision herein hereby are, to the extent of such conflict or inconsistency, repealed.