Fairhope, Alabama
fairhopetimes@att.net
LAWSUIT SETTLEMENT COMPONENT
The city council voted unanimously to authorize Mayor Kant to accept settlement terms for a lawsuit that will involve the city purchasing 108 acres at the city's north entrance -- commonly known as the Dyas Triangle. Asking price has previously been reported as $8.7 million.
The property north of Veteran's Dr. will be also purchased. Closing is expected by the end of the year.
The council also authorized the mayor to spend $3 million as a down payment, to come from projected surpluses in the Electric and Natural Gas funds.
Council member Boone introduced the resolution: "To authorize the mayor to enter into a real estate purchase agreement with the Dyas family to acquire 108 acres ... for green space and protecting the Fly Creek watershed ... . The city fully expects and intends to seek reimbursement for the payment from the federal government ... pursuant to the Restore Act, Clean Water Act and other sources of funding related to the BP oil spill."
Mayor Kant said the city's utilities will be acquiring the land: "I'm taking a million and a half from the gas fund reserves .... and a million and a half from electric reserves ... ."
Kant said he expected to "reimburse the city" and "put it all back" within the next four years.
Council member Brewer said she hoped it would be the mayor's and council's intention to protect the land in the future so it remains "parkland and green space forever."
The purchase will presumably end a 2008 lawsuit the Charles Dyas family had filed against the city and mayor in federal court -- claiming they had for years "illegally thwarted development" of the property.
In 2010, a federal judge (Steele) dismissed most of those charges; but he remanded a breech of contract component (involving changes to traffic flow) back to state circuit court where it has been stalled ever since (click).
fairhopetimes@att.net
LAWSUIT SETTLEMENT COMPONENT
The city council voted unanimously to authorize Mayor Kant to accept settlement terms for a lawsuit that will involve the city purchasing 108 acres at the city's north entrance -- commonly known as the Dyas Triangle. Asking price has previously been reported as $8.7 million.
The property north of Veteran's Dr. will be also purchased. Closing is expected by the end of the year.
The council also authorized the mayor to spend $3 million as a down payment, to come from projected surpluses in the Electric and Natural Gas funds.
Council member Boone introduced the resolution: "To authorize the mayor to enter into a real estate purchase agreement with the Dyas family to acquire 108 acres ... for green space and protecting the Fly Creek watershed ... . The city fully expects and intends to seek reimbursement for the payment from the federal government ... pursuant to the Restore Act, Clean Water Act and other sources of funding related to the BP oil spill."
Mayor Kant said the city's utilities will be acquiring the land: "I'm taking a million and a half from the gas fund reserves .... and a million and a half from electric reserves ... ."
Kant said he expected to "reimburse the city" and "put it all back" within the next four years.
Council member Brewer said she hoped it would be the mayor's and council's intention to protect the land in the future so it remains "parkland and green space forever."
The purchase will presumably end a 2008 lawsuit the Charles Dyas family had filed against the city and mayor in federal court -- claiming they had for years "illegally thwarted development" of the property.
In 2010, a federal judge (Steele) dismissed most of those charges; but he remanded a breech of contract component (involving changes to traffic flow) back to state circuit court where it has been stalled ever since (click).
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