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AGENDA ITEM REVIEW FORM |
9.
Regular City Council Meeting
- Meeting Date:
- 03/08/2017
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
EXECUTIVE SESSION
Vote to hold and Executive Session pursuant to A.R.S. §38-431.03 (A)(3), (4) and (7)
Discussion and possible action to hold an Executive Session pursuant to A.R.S. § 38-431.03 (A)(3), (4) and (7) on any and all matters regarding a letter of interest delivered to the City on March 1, 2017 regarding an interest to buy certain property owned and/or controlled by the city and/or one of its municipal property corporations, and related possible engagement of financial advisors, appraisers, and legal counsel, and to receive legal advice regarding the matters contained within said letter, advice regarding the legal steps involved in pursuing such a transaction, and instruct the Office of City Attorney or other legal counsel regarding the city's position. (Kay Marion Macuil, City Attorney)
(PLEASE TAKE NOTICE that the open meeting law, ARS §38-431.02.1, provides that the notice of an Executive Session need only provide a general description of the matters to be discussed and need not contain information that would defeat the purpose of the executive session. Because of the nature of the letter of interest, no specific information is being contained in this agenda item nor will be made public at this time. Any action of City Council, if it should ever occur, will be the subject of a future agenda of the City Council and specific information will be provided at that time.)
Vote to hold and Executive Session pursuant to A.R.S. §38-431.03 (A)(3), (4) and (7)
Discussion and possible action to hold an Executive Session pursuant to A.R.S. § 38-431.03 (A)(3), (4) and (7) on any and all matters regarding a letter of interest delivered to the City on March 1, 2017 regarding an interest to buy certain property owned and/or controlled by the city and/or one of its municipal property corporations, and related possible engagement of financial advisors, appraisers, and legal counsel, and to receive legal advice regarding the matters contained within said letter, advice regarding the legal steps involved in pursuing such a transaction, and instruct the Office of City Attorney or other legal counsel regarding the city's position. (Kay Marion Macuil, City Attorney)
(PLEASE TAKE NOTICE that the open meeting law, ARS §38-431.02.1, provides that the notice of an Executive Session need only provide a general description of the matters to be discussed and need not contain information that would defeat the purpose of the executive session. Because of the nature of the letter of interest, no specific information is being contained in this agenda item nor will be made public at this time. Any action of City Council, if it should ever occur, will be the subject of a future agenda of the City Council and specific information will be provided at that time.)
SUMMARY:
City Council can be appropriately advised by holding an executive session on the topic described in the Agenda Item.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO HOLD AN EXECUTIVE SESSION PURSUANT TO A.R.S. SECTION 38-431.03 (A) SUBSECTIONS (3), (4) AND (7) FOR THE PURPOSE OF DISCUSSION AND CONSULTATION WITH THE ATTORNEYS OF THE CITY TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE RECEIPT OF A LETTER OF INTEREST AND POSSIBLY ENTERING INTO NEGOTIATIONS FOR THE SALE OF LAND OWNED OR CONTROLLED BY THE CITY AND/OR ONE OF ITS MUNICIPAL PROPERTY CORPORATIONS, THE STEPS INVOLVED IN PURSUING SUCH A TRANSACTION, AND TO RECEIVE LEGAL ADVICE REGARDING THE SAME.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Fiscal impact is not applicable to this agenda item because under A.R.S. Section 38-431.03(D), legal action involving a final vote or decision is not permitted to be taken at an exceutive session.