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HomeMy WebLinkAboutO-1174ORDINANCE NO. 1174 AN ORDINANCE DECLARING CERTAIN REAL PROPERTY NO LONGER NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE OF THE SAME TO THE UTILITIES BOARD OF THE CITY OF FOLEY BE IT ORDAINED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. It is hereby found, established and declared that the real, personal and mixed property of the City of Fairhope, Alabama described on Exhibit "A" which is attached hereto and incorporated herein by reference is no longer needed for public or municipal purposes in light of the fact that the City of Fairhope Electric Department will no longer be providing electricity service to certain customers who are served by and through said property by virtue of a settlement of litigation between the City of Fairhope and Riviera Utilities. Section 2. It is hereby found, established and declared that the Utilities Board of the City of Foley, which will acquire said real, personal and mixed property pursuant to said settlement, will serve a public purpose by using said property to provide electricity service to certain persons. Section 3. It is hereby declared to be necessary as part of said settlement to transfer and convey said property to the Utilities Board of the City of Foley in consideration of its transfer of certain other property to the City of Fairhope. Section 4. Pursuant to the authority granted by Section I 1-47-20, Code of Alabama, the Mayor and the City Clerk are hereby authorized and directed to execute and attest a deed and/or bill of sale conveying title to said property, which instrument(s) is/are to be prepared and reviewed by legal counsel, and to take any and all other actions they deem necessary or prudent to effectuate the transfer of title of said property. Section 5. This ordinance shall become effective immediately upon its adoption and publication as required by law. r:1 ADOPTED AND APPROVED THIS THE 141h DAY OF JULY , 2003. W. Johnson,