Fort Walton Beach Council agenda — 11-21-06 ‎(special)‎ — reading text

same. It is not legally possible to satisfy the terms of section 2.00.05 of the Code of Ordinances. A suggestion was made that the City Council could amend section 2.00.05 of the Code of Ordinances to permit the direct sale of some of the property to the Fair Association. I do not advise that you should amend section 2. 00.05 to simply satisfy this particular situation. You should amend the Code to address general issues of the City not this type of a specific issue that is better handled through an ordinance which is not codified. Further, section 616.07, Florida Statutes, states that " all money and property of [a Fair] association shall, except for the payment of its just debts and liabilities, be and remain perpetually public property, administered by the association as trustee . . . ." ( e. s.) Upon dissolution of an association, any public property or funds remaining are to be distributed to any county or municipality within the county unless such property has been contributed to a county or municipality, then the property shall be reconveyed to the municipality or county making the contribution." Therefore, it is my opinion that an ordinance authorizing an interlocal agreement would be a more preferable method of legislating the transfer of any property interests to the Fair Association. If Council wants to permit the Fair Association to remain on the City property, without the same oversight as with the License Agreement, you could 1) direct the City Attorney and City Manager to draft an ordinance and interlocal agreement to accomplish that objective or 2) direct the City Attorney and City Manager to negotiate a lease with the Fair Association. If anyone has questions, please contact me. Toni L. Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243-6969 Fax: ( 850) 244-8929 The contents of this message may be at orney-client privileged. Do not disseminate to any other person and please ask if you are uncertain. 10/ 30/ 2006  Page 1 ot '2 Joyce Shanahan From: Toni L Craig [ toni@tlcpa. gccoxmail. com) Sent: Monday, August 07, 20065: 19 PM To: BobcampbeIl114@aol.com; PAPA1172@aol.com; aaPullen@cox. net; Joyce Shanahan; Mike Anderson; jmtucker1@cox. net; MIKEYCMAT@aol.com; 4eagles@cox. net; mike@seminc. net; Helen Spencer Subject: NWFFA @ 1958 Lewis Turner Blvd, Sale of Property Council There was conversation regarding sale of the property at 1958 Lewis Turner Blvd to NWFFA. This is my advice regarding a sale of any of the 42. 57 acres located at approximately 1958 Lewis Turner Blvd. Pursuant to section 166. 021, Fla. stats., the City has the " governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." " Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. The provisions of section 166. 021 are to be " construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution. . . for municipal govemmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or othelWise, on the exercise of home rule powers other than those so expressly prohibited. Sec. 2. 00. 05. City Excess Real Property, of the Code. requires a finding by the city council that a parcel of real property owned by the City is " unneeded for the immediate and future development/ use requirements of the city and should be declared excess." " No property shall be considered as U1l1leeded for the immediate and future dev lopment/use requirements of the city if the city has any existing or projected development/ use for the property." If a property is detennined to be excess. the Council may declare that the property be disposed of by sealed bid, auction, negotiated sale, or any other manner declared by the CotUlcil and the City Manager must secure one independent appraisal of the property by a qualified appraiser. The Bond Ordinance which partially funded the purchase of 1958 Lewis Turner Blvd states: " WHEREAS, the Borrower finds and declares that there is a substantial need for the financing of a loan ( the " Loan") secured by a Loan Agreement between the City of Fort Walton Beach, Florida and the Florida Municipal Loan Council for certain governmental projects listed on Exhibit " A" (the Projects'').'' The " project" was overly inclusive and states: Purchase of 42. 57 acres of land oonsisting of recreational softball fields, fairgrounds with improvements and parking area." The City Manager' s May 5, 2006, memorandum to Council requesting authorization to purchase the property stated that "the acquisition of this property has been part of the City' s future Capital Improvement Program for the last several years and the City has continually sought funding avenues for this property. As such over the last several years the City made several requests of the Okaloosa County Legislative Delegation to secure their support to sponsor State legislation to fund this community budget request." And further, " the recent passage of the Florida Land Management Act allowed for the direct purchase of land from the Forestry Service, clearing the way for the City to permanently acquire the property to ensure our recreational needs are met." GUiding principals applicable to this decision: 1) a municipal purpose is one that directly benefits the Citiz;ens of the City, and is different than the benefit of the population as a whole; 2) it COULD be a municipal proprietary purpose to acquire property which would later be disposed at a profit; 3) a " joint public purpose" could be found in a venture that benefits the population as a whole as well as directly benefiting the citizens of the City. 4) in the direct sale agreement, the City has indemnified and held harmless the Forest Service, and the Forest Service has relinquished all responsibility for the City' s use and occupancy of the property, including third party claims and judgments; 5) it is implausible that any portion of this property can be " considered as U1l1leeded" when Council has approved and there is pending a consultant' s study for a recommendation of "the inunediate and future developmentltlse requirements of the city" as it pertains to this parcel; and 11/16/ 2006  page 2 ot 1. of 6) if any of the property is divested, such a divesture may require amendment of the bond documents and/ or satisfaction the bond amount. It is my legal conclusion, based on 1) the premises under which the City purchased the property, 2) the conditions of the development of the two parcels at that time, and 3) the consultant's study ongoing now, that 4) at least some portion of the property was intended for City recreational purposes; and that 5) there is, at least until the consultant's report returns, no basis for a determination that the property is unneeded" for a City municipal purpose. Nonetheless, recognizing that one or two of you may not agree with this legal conclusion, I offer the following, If of any portion of the property anyone of you is inclined to move to have the City divest itself 1) such a motion is not proper until after the consultant' s report is done; and 2) there must be a recommendation by the City Manager that the property is unneeded for the Immediate future development/use requirements of the city; and 3) a determination by the City Council of the same; and 4) a further declaration by the Council of how much of the property is to be disposed; and 5) exactly of how each piece of the property is to be disposed. If anyone has any questions, please contact me. Toni L. Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243-6969 Fax: ( 850) 244-8929 The contents of this message may be attorney- client privileged. Do not disseminate to any other person and please ask if you are uncertain. 11/16/ 2006 NDV- 16- 2006 THU 01: 51 PM FAX No. 18506542792 p. 001 LODGE ' INC.. DEVELOPMENT 606 Highway 98 East Destin, Florida 32541 850. 654.4437 850.654. 2792 Fax November 16, 2006 To: Ms. Joyce A.Shanahan via 850.833. 9640 City Manager City of Fort Walton Beach From: Mr, Charles W. Rigdon Northwest Florida Fair Director Re: Northwest Florida Fairgrounds the current yearuser list for the fairground Joyce, as we discussed today, I bave r:eviewed of 60% civic, governmental and charitable buildings. My analysis shows a split tool show, organization use and 40% commercial activities (gun show>antique show, fee schedule fishing show and others) use. The fairgrounds as you know has a different and for the various organizations along with different cost depending on what locations building the organizations use. After my analysis of the rental fees, I have discussed with Bull the following scenario which I believe the Fair can offer to the city to help the burden of the taxpayers to pay for the land the city purchased last fall. As we discussed, this years rental to date is $ 120, 000.OO+/which will pay the city N an 6000. 00 of the base rent of $20, 000. 00. The city collected $ 6000. 00 additional $ on top for the car show which will bring the total collected to around $ 32,000. 00+/-. I propose the following changes: 1. Increase the base rent at $2000,00 per month ($ 24, 000. 00 annually) 2. Increase rental override to 20010 from 5%. ($ 24,000.00 annually +/-) 3. Fair to pay 5% of Fair gross income ( admission,booth sales, ride income, 7500. 00