LEGISLATIVE ACTION ITEM
SPONSOR: City Council Member Andy Terhaar
SUBJECT:
title
DECLARATION OF THE EXISTENCE OF EXIGENT CIRCUMSTANCES REGARDING PARCELS I, IA AND III INCLUDED IN THE SEVILLE HARBOR LEASE
end
RECOMMENDATION:
recommendation
That City Council expressly declare that exigent circumstances exist regarding Parcels I, IA, and III included in the Seville Harbor Lease in accordance with Section 2-3-4 of the City Code. Further, that with this declaration, City Council authorize the Mayor to bring forth a Purchase and Sales Agreement regarding these parcels for consideration.
end
body
HEARING REQUIRED: No Hearing Required
SUMMARY:
At the October 11, 2018 City Council meeting, Seville Harbor requested that the City Council approve the Purchase and Sale agreement for Parcels I, IA and III included in the Seville Harbor Lease for the purchase prices of $725,000. The sales price is based on the current appraised value of the property based on the June 6, 2018 appraisal by Fruitticher Lowery Appraisal Group. The property is currently leased by the purchaser and will be sold “as is”. This sale is being proposed utilizing the direct negotiation option as provided for in the City Council’s Policy for Disposition of City Owned Real Property.
Section 2-3-4 of the Code of the City of Pensacola provides that any real property owned by the City or by the Pensacola Community Redevelopment Agency located south of Bayfront Parkway/Main Street between the Pensacola Bay Bridge and “A” Street shall not be declared surplus or disposed of by sale of such property, in the absence of any exigent circumstance expressly declared to exist by the City Council.
Duhaime’s Law Dictionary defines exigent circumstance as, “An unusual and time-sensitive circumstance that justifies conduct that might not be permissible or lawful in other circumstances.”
This item seeks the declaration by City Council that exigent circumstances exist relating to the three parcels in question.
PRIOR ACTION:
October 11, 2018 - Item seeking to Amend Section 2-3-4 of the City Code failed to secure enough affirmative votes for passage.
June 15, 2015 - City Council approved Proposed Ordinance No. 14-15 creating Section 2-3-4 of the Code of the City of Pensacola, Florida.
FUNDING:
N/A
FINANCIAL IMPACT:
None
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
1) None
PRESENTATION: No