Title
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY AND RELATED TRANSACTIONS FOR THE ESTABLISHMENT OF AN ARMORY FOR THE ALABAMA NATIONAL GUARD BY THE ARMORY COMMISSION OF ALABAMA IN THE CITY OF FOLEY, ALABAMA
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Lots 8A & 8B
Body
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA (the “City”) as follows:
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) Pursuant to Sections 11-47-20, 31-4-11 and 31-4-17 of the Code of Alabama 1975, and Ordinance No. 1162-11 and Ordinance No. 1196-12 heretofore adopted by the governing body of the City, the City has heretofore conveyed certain real property to The Armory Commission of Alabama (the Armory Commission”) for the establishment thereon of an Armory for the Alabama National Guard within the corporate limits of the City, upon the terms and conditions set forth in that certain Statutory Warranty Deed dated March 21, 2013 (the “Original Deed”).
(b) The Armory Commission has requested the conveyance of Lots 8A and 8B, Foley Beach Express Industrial Park, Unit 7, as recorded on Slide 2445-B, in the office of the Probate Judge, Baldwin County, Alabama (the “Subject Property”) from the City for the construction thereon of a vehicle maintenance facility.
(c) (1) The City is authorized under the Constitution and laws of the State of Alabama, including particularly and without limitation Sections 11-47-20, 31-4-11 and 31-4-17of the Code of Alabama 1975, to convey to the Armory Commission title in fee simple to the Subject Property without consideration;
(2) For purposes of Section 11-47-20 of the Code of Alabama 1975, the Subject Property is not needed for the public or municipal purposes of the City; and
(3) For purposes of Section 31-4-11 of the Code of Alabama 1975, no permanent building has been constructed on the Subject Property and conveyance of the Subject Property to the Armory Commission will not prevent the reasonable use of any structure for the purpose for which it was constructed.
(d) It is necessary, desirable and in the bests interests of the taxpayers and citizens of the City that the Armory be supported by the proposed vehicle maintenance facility on the Subject Property and that the City convey the Subject Property to the Armory Commission by statutory warranty deed on the same terms and conditions as set forth in the Original Deed.
2. The City does hereby approve, adopt, authorize, direct, ratify and confirm:
(a) the conveyance to the Armory Commission, without consideration, by statutory warranty deed of title in fee simple to the Subject Property, solely for use as a vehicle maintenance facility, subject to a right of reversion, in form and of content satisfactory to the City, of such title to the City if the facility is not placed in service within a period of time mutually acceptable to the City and the Armory Commission;
(b) the provision of utilities to the Subject Property pursuant to such agreements among the City, the Armory Commission, and the providers of such utilities as shall be satisfactory thereto;
(c) the delivery to the Armory Commission of such title report, or title opinion, with respect to the Subject Property, as shall be satisfactory thereto;
(d) the delivery of such agreements by the Armory Commission and the City as shall be necessary or desirable to provide for the acquisition and construction of the vehicle maintenance facility by the Armory Commission on the Subject Property; and
(e) the terms and provisions of, and the transactions to be undertaken pursuant to, the Statutory Warranty Deed with respect to the Subject Property set forth in Exhibit A hereto.
3. The documents described in Section 2 of this Ordinance (herein collectively the “Armory Documents”) are approved in substantially the form and of substantially the content as the Armory 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 Armory Documents to which the City is a party signatory thereto shall approve, which approval shall be conclusively evidenced by execution of the Armory Documents by such officer as hereinafter provided.
4. The Armory Documents presented to, considered and adopted by the City Council shall be filed in the permanent records of the City.
5. The Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Armory Documents for and on behalf of and in the name of the City. The City Clerk/Administrator of the City is hereby authorized and directed to attest the same.
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 Armory Documents, all as shall be required by law or necessary or desirable to carry out the provisions and purposes of this Ordinance and the Armory Documents.
7. Any prior actions taken or agreements made or documents executed by any officers of the City in connection with the Armory Documents and the transactions herein authorized and approved are hereby hereby ratified, confirmed and approved.
8. This ordinance is contigent upon the City receiving a letter from The Armory Commission of Alabama including Lots 8A and 8B, which consists of 15 acres to be included with the initial 30 acres of property conveyed to the Alabama National Guard Armory. In the event that the price of the new site exceeds the established value of the old facility, the City of Foley could then obtain the old site at no additional cost. The Armory Commission will not pay the City of Foley any excess amount that the acquisition cost of the new site exceeds the established value of the old facility. This procedure as been approved by the Attorney General.
9. 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.