Title
AN ORDINANCE TO APPROVE THE ANNEXATION OF TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF FOLEY, ALABAMA
Summary
[Enter Summary Here ***Infrastructure Valuation Forms must be Attached***]
Taking over maintenance of County Road 20S from S. McKenzie St. west approximately 660 ft.
Body
WHEREAS, County Road 20 South from South McKenzie Street (SR-59) west approximately 660 feet to the end of County maintenance is a road or road segment inside or abutting the corporate limits of the City of Foley (herein the “Foley Road”); and
WHEREAS, the Foley Road includes all improvements within the right-of-way such as, but not limited to, the road, drainage structures, signs, trails, sidewalks, etc.; and
WHEREAS, an accurate description of the Foley Road is attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, those portions of the Foley Road that are not already the responsibility of the City of Foley have been County-maintained streets for a period of at least one (1) year prior to the effective date of this instrument; and
WHEREAS, the character and nature of the Foley Road varies, as certain portions are either (i) maintained by the City of Foley, (ii) bounded on both sides by the corporate limits of the City of Foley as a result of annexation of territory after July 7, 1995, (iii) bounded on one side by the corporate limits of Foley, or (iv) located within the City of Foley but responsibility is vested in the County; and
WHEREAS, the City of Foley desires to annex and assume responsibility for the Foley Road, to the extent it is not already maintaining portions thereof, in order to facilitate the orderly development and maintenance of this area and its corporate limits; and
WHEREAS, in order to accomplish the City of Foley’s desire to annex and assume responsibility for the Foley Road in accordance with Code of Alabama, §11-49-80(b), (c) and (d), the Baldwin County Commission passed a resolution on May 4, 2021, authorizing the annexation and transfer of responsibility for the Foley Road to the City of Foley, a copy of which is attached hereto as Exhibit “B”; and
WHEREAS, said resolution did petition the City of Foley for annexation and contained the signature of the owner of the described territory and a map of the Foley Road showing its relationship to the corporate limits of the City of Foley; and
WHEREAS, the City Council of the City of Foley has determined that it is in the public interest that the Foley Road be annexed into the City of Foley and that all legal requirements for annexing the Foley Road have been met pursuant to Code of Alabama, §§11-42-20 to 24.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FOLEY, ALABAMA, AS FOLLOWS:
Section 1. The City Council of the City of Foley, Alabama, finds and declares as the legislative body thereof that it is in the best interest of the citizens of the City, and the citizens of the affected area, to annex and bring the territory described herein as the Foley Road into the corporate limits of the City of Foley, and to assume responsibility for those portions of the Foley Road, if any, that are already within the corporate limits of the City of Foley pursuant to Code of Alabama, §§11-49-80(b), (c) and (d), and 11-42-20 to 24.
Section 2. The boundary lines of the City of Foley, Alabama, be, and the same are hereby altered or rearranged so as to include all of the territory heretofore encompassed by the corporate limits of the City of Foley, Alabama, and in addition thereto the following described territory, to- wit:
A part of the Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 8, Township 8 South, Range 4 East, Baldwin County, Alabama and being more fully described as follows:
It is the intent to convey unto the City of Foley, Alabama, any and all right and title to the right- of-way owned and maintained by Baldwin County along County Road 20 South beginning at the west right-of-way line of South McKenzie Street, also known as State Route 59, running west approximately 660 feet to the end of maintenance. Including all improvements within the right-of- way such as, but not limited to the road, drainage structures, signs, trails, sidewalks, etc. Said right of way being quitclaimed is depicted on Subdivision Plats recorded in Slide 127-A and Slide 2122- E. It is also the intent to convey any and all prescriptive right-of-way that Baldwin County, Alabama may own.
Subject to any reservations, restrictions, exceptions, and encumbrances as of record.
Section 3. The territory described in this ordinance shall become a part of and lie within the corporate limits of the City of Foley, Alabama, upon publication of this ordinance.
Section 4. To the extent that portions of the Foley Road, if any, are already within the corporate limits of the City of Foley, but responsibility is vested in the County, the City of Foley hereby assumes responsibility of said portions of the Foley Road pursuant to Code of Alabama,
§11-49-80(b), in addition to their annexation or re-annexation as described herein. In accordance with Code of Alabama, §11-49-81, the City of Foley’s assumption of responsibility for the Foley Road is in exchange for the County agreeing that it shall resurface, one time, County Road 20 South from South McKenzie Street (SR-59) west approximately 660 feet to the end of County maintenance with a minimum overlay of one and one-half inch (1.5”). The Baldwin County Commission and the City of Foley respectively acknowledge and agree that this one time resurfacing has been scheduled to occur as soon as possible as consideration for this transfer, and may be completed prior to the transfer of maintenance. The Baldwin County Commission and the City of Foley agree that said consideration is a reasonable charge for being relieved of the burden of the control, management, supervision, repair, maintenance and improvement of the roads described herein.
Section 5. This ordinance shall be published as provided by law, and a certified copy of the same, together with a certified copy of the resolution and petition of the Baldwin County Commission, shall be filed with the Probate Judge of Baldwin County, Alabama.
Section 6. If any part, section or subdivision of this ordinance shall be held to be illegal, invalid, or unenforceable for any reason, such holding shall not be construed to invalidate or impair the remaining provisions of this ordinance, which shall continue in full force and effect notwithstanding such holding.
Section 7. The territory described in this ordinance shall become a part of the corporate limits of Foley, Alabama, upon publication of this ordinance as required by law.