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File #: 13-0932    Version: 1 Name: De-Annexation - Robert J. & Dianne C. Lay
Type: Resolution Status: Adopted
File created: 8/13/2013 In control: City Clerk
On agenda: 8/19/2013 Final action: 8/19/2013
Title: Reducing the City's Corporate Limits
Attachments: 1. Petition Requesting De-annexation Robert J Lay.pdf, 2. Code of Alabama Re De-annexation.pdf, 3. beacon.schneidercorp.com_RenderPDF.pdf
Title
Reducing the City's Corporate Limits
 
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
During the annexation by Legislative Act 2013-230 the City included property owned by Robert J. Lay and Dianne C. Lay after they had made known their wishes to the City of not being included in the City's corporate limits.  
 
In accordance with Section 11-42-210, Code of Alabama, the City is responsible for paying costs and expenses relating to the de-annexation.  
 
Body
 
WHEREAS, Robert J. Lay and Dianne C. Lay were advised of the proposed Annexation by Legislative Act along U.S. Hwy. 98 and had made known their wishes of not being included in the expansion of the City of Foley's corporate limits, and
WHEREAS, the property known as Lot 5, Sandy Creek Acres Subdivision, was included in Legislative Act 2013-230 annexing various properties along U.S. Hwy. 98 east of Foley, and
WHEREAS, it is the City's desire to decrease the City's corporate limits by de-annexing Lot 5, Sandy Creek Acres Subdivision in accordance with the procedures set forth in the Code of Alabama, 1975, Section 11-42-200.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1:      Approves the de-annexation of "Lot 5, Sandy Creek Acres Subdivision, as shown on map or plat thereof recorded in Map Book 10, Page 134, in the Office of the Judge of Probate of Baldwin County, Alabama" as noted in the recorded deed.
SECTION 2:      The qualified electors that own the property are Robert J. Lay and Dianne C. Lay.
SECTION 3:      Approves the new corporate limits as set forth in the attached Exhibit "A".  
SECTION 4:      A certified copy of this resolution defining the City's proposed corporate limits will be sent to the Judge of Probate, Baldwin County, Alabama, who will hold a hearing at which the owners of record, Mr. and Mrs. Robert Lay, may appear before the Judge of Probate to show just cause as to why the proposed reduction of corporate limits should not take place (Section 11-42-202, Code of Alabama, 1975).
SECTION 5:      This Resolution shall become effective immediately upon its adoption as required by law.