Title
An Ordinance Declaring Certain Real Property No Longer Needed For Municipal Purposes and Authorizing the Sale of the Same
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
This ordinance confirms the actions previously expressed through Resolution 13-0381-RES on July 1, 2013. Consider suspending the rules for the immediate adoption of the ordinance.
Body
BE IT ORDAINED BY THE CITY COUNCIL OF FOLEY, ALABAMA, at its meeting on September 16, 2013 as follows:
Section 1. That it is hereby found, established and declared that certain real property, which is located in Baldwin County, Alabama, and which is described below, is not presently needed for public or municipal purposes, to wit:
Lot 2A of the Re-subdivision of Lot 2 of Foley Beach Express Industrial Park, Unit 7, according to the plat thereof recorded in Slide 2491-D, in the Office of the Judge of Probate, Baldwin County, Alabama.
Section 2. That it is further hereby found, established and declared that the conveyance by the City of Foley of said property to HCP Pumps America, Inc., an Alabama Corporation, will serve a public purpose and forward the best interests of the public and the City of Foley by improving said property and using it as a commercial business enterprise employing at least four full-time employees on site for at least six (6) months out of a twelve (12) month period. The City will retain certain rights to repurchase the property upon certain terms and conditions and the City will impose certain restrictions on the use of the property as expressed in the Deed.
Section 3. That it is further hereby found, established and declared to be in the best interest of the public and the City of Foley, Alabama to sell said real property to HCP Pumps America, Inc., an Alabama corporation, for $40,000 which is fair and adequate financial consideration for the value of the property.
Section 4. That, pursuant to the authority granted by Section 11-47-20, Code of Alabama, the Mayor and the City Clerk are hereby authorized and directed to execute and attest such documents, deeds, and instruments as are required to complete and close the sale transaction on the above terms and such other terms that are not inconsistent therewith as agreed upon by legal counsel which conveys the above-described property to HCP Pumps America, Inc. on certain terms and with certain reservations and restrictions, and to take any and all other actions they deem necessary or prudent to effectuate the sale of said property to the HCP Pumps America, Inc. Further, any and all prior actions taken by the Mayor and City Clerk and other municipal agents, officers, and employees in connection with this transaction are hereby ratified, approved, authorized and confirmed. It is contemplated that some or all of the closing documents may have already been dated and executed, and the City Council hereby ratifies and approves any such documents and actions.
Section 5. This ordinance shall become effective immediately upon its adoption and publication as required by law.