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(First Reading) AN ORDINANCE DECLARING CERTAIN REAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE OF THE SAME
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WHEREAS, the City of Foley, Alabama (the "City"), owns certain real property identified as Baldwin County Parcel No. 05-54-05-21-2-000-007.000, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Subject Property"); and
WHEREAS, the City Council has determined that the Subject Property is no longer needed for public or municipal purposes and that it is in the best interest of the City to declare the Subject Property surplus and authorize the sale and conveyance of the same; and
WHEREAS, the City Council has determined that the sale of the Subject Property to the purchaser for a purchase price of Eight Hundred Ten Thousand Two Hundred Sixty-Two Dollars and Twenty-Six Cents ($810,262.26), with closing costs to be shared between the City and the purchaser, is in the best interest of the City; and
WHEREAS, the City Council further desires that the sale and conveyance of the Subject Property be subject to the terms, restrictions, and conditions approved by the City Council in Resolution No. 26-1269, adopted on July 7, 2026, including the requirement that the Subject Property be developed and used for a medical office, clinic, hospital, or other healthcare-related use acceptable to the City; and
WHEREAS, pursuant to Code of Alabama 1975, Section 11-47-20, the City Council is authorized, by ordinance entered upon its minutes, to direct the disposal of real property that is not needed for public or municipal purposes and to direct the Mayor to make title to the purchaser; and
WHEREAS, the City Council previously adopted Resolution No. 26-1269, authorizing the Mayor to negotiate the sale of the Subject Property, approving the purchase price and allocation of closing costs, establishing the healthcare-related use requirement, and authorizing the Mayor to execute the purchase agreement, deed, closing documents, and other documents necessary to complete the sale; and
WHEREAS, the City Council desires that this Ordinance supplement and confirm the authority granted by Resolution No. 26-1269 and formally declare the Subject Property surplus and no longer needed for municipal purposes and authorize the sale and conveyance of the Subject Property in accordance with the terms and conditions previously approved by the City Council.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Foley, Alabama, as follows:
SECTION 1: The City Council hereby finds and declares that the Subject Property identified as Baldwin County Parcel No. 05-54-05-21-2-000-007.000, and more particularly described in Exhibit "A" attached hereto, is surplus and is no longer needed for public or municipal purposes.
The City Council further finds and declares that it is in the best interest of the City of Foley to sell and convey the Subject Property in accordance with the terms, restrictions, and conditions approved by the City Council.
SECTION 2: Pursuant to Code of Alabama 1975, Section 11-47-20 and applicable law, the City Council hereby authorizes and directs the sale and conveyance of the Subject Property for a purchase price of Eight Hundred Ten Thousand Two Hundred Sixty-Two Dollars and Twenty-Six Cents ($810,262.26), with closing costs to be shared between the City and the purchaser.
SECTION 3: The sale and conveyance of the Subject Property shall be subject to the requirement that the purchaser develop and use the Subject Property for a medical office, clinic, hospital, or other healthcare-related use acceptable to the City, as provided in the purchase agreement and related transaction documents approved by the City.
The Mayor is authorized to execute such deed restrictions, covenants, conditions, or other instruments as may be necessary to effectuate and enforce the healthcare-related use requirement approved by the City Council.
SECTION 4: The City Council hereby confirms and ratifies the terms and conditions of Resolution No. 26-1269, adopted on July 20, 2026, to the extent consistent with this Ordinance, including the authorization for the Mayor to negotiate and complete the sale of the Subject Property at the purchase price and upon the terms authorized herein.
Nothing in this Ordinance shall be construed to rescind, repeal, or otherwise invalidate Resolution No. 26-1269. This Ordinance is intended to supplement and confirm the prior authorization granted therein and to formally declare the Subject Property surplus and no longer needed for municipal purposes and to authorize its sale and conveyance pursuant to Code of Alabama 1975, Section 11-47-20.
SECTION 5: The Mayor and City Clerk of the City of Foley, Alabama, are hereby authorized and directed to execute, acknowledge, attest, and deliver, for and on behalf of the City, the statutory warranty deed and any purchase agreement, closing statement, affidavit, certification, or other document necessary or appropriate to consummate the sale and conveyance of the Subject Property in accordance with this Ordinance and Resolution No. 26-1269.
SECTION 6: The Mayor is further authorized to take such additional actions and execute such additional documents as may be reasonably necessary to carry out the intent and purposes of this Ordinance, provided that such actions and documents are consistent with the terms and conditions approved by the City Council.
SECTION 7: If any provision of this Ordinance is held to be invalid or unenforceable, the remaining provisions shall not be affected thereby.
SECTION 8: This Ordinance shall take effect upon its adoption and publication as required by law.