Title
Authorizing and consenting to the transfer of maintenance of the certain portions of Foley Beach Express to the City of Foley
Summary
Description of Topic: (who, what, where, when, why and how much)
Authorizing and consenting to the transfer of maintenance of the certain portions of Foley Beach Express to the City of Foley
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.
____ Not budgeted requiring increase to account #___________ in the amount of $____________.
Capital - Departmental
____ Budgeted under account #______________ for $___________ and described in budget as __________________________________.
Additional amount needed, if any: Increase in budget of $_____________ OR, transfer of $___________ from Account #____________ to Account #_______________
____ Not Budgeted - account #____________ requires budget increase of $_____________.
Capital Project - **THE PRE-PROJECT CHECKLIST AND BUDGET CHECKLIST MUST BE ATTACHED TO THIS FILE**
In current year Capital Projects Plan:
_____ Yes, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________
Body
WHEREAS, the Baldwin County Commission (hereinafter “County”) is the duly formed governing body in and for Baldwin County, Alabama, and the City of Foley (hereinafter “City”) is an incorporated municipality of the State of Alabama; and
WHEREAS, that portion of the Foley Beach Express from the south right-of-way line of County Road 12 S to the north right-of way line of County Road 20, including the traffic signals at the intersections of the Foley Beach Express and County Road 12 S and at the intersection of the Foley Beach Express and County Road 20, (hereinafter collectively referred to as "Section A") as shown in the attached Exhibit A, is inside the corporate limits of the City of Foley; and
WHEREAS, City desires to take over sole and exclusive ownership, control, management, supervision, regulation, repair, maintenance, improvement, and responsibility for Section A of the Foley Beach Express in order to facilitate the orderly development and maintenance of this area in its corporate limits; and
WHEREAS, City has found and determined that taking over sole and exclusive ownership, control, management, supervision, regulation, repair, maintenance, improvement, and responsibility for Section A of the Foley Beach Express is in the best interest of the City; and
WHEREAS, the City of Foley has the legal authority to carry out the intent of this resolution pursuant to Code of Alabama, Section 11-49-80 and other state laws and constitutional amendments.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1. That City hereby agrees to accept and take over from County the sole and exclusive ownership, control, management, supervision, regulation, repair, maintenance, improvement, and responsibility for Section A of the Foley Beach Express (which includes the Foley Beach Express from the south right-of-way line of County Road 12 S to the north right-of way line of County Road 20, including the traffic signals at the intersections of the Foley Beach Express and County Road 12 S and at the intersection of the Foley Beach Express and County Road 20), as shown in the attached Exhibit A.
SECTION 2. Based on the condition and use of Section A of the Foley Beach Express, and the request by the City, in accordance with Ala. Code Section 11-49-80 and 81 (1975), the County and City agree that, with the ex County shall not be required to pay any any sum or sums for being relieved of the burden of the ownership, control, management, supervision, repair, maintenance, and improvement of Section A of the Foley Beach Express.
SECTION 3. That the Mayor, City Clerk, and other City officials are hereby authorized to execute and deliver such documents or agreements to Baldwin County as are necessary or requested to carry out the intent of this Resolution.
SECTION 4. If any part, section or subdivision of this Resolution shall be held to be illegal, invalid or unenforceable for any reason, such holding shall not be held or construed to invalidate or impair the remaining provisions of this Resolution which shall continue in full force and effect notwithstanding such holding.
SECTION 5: This Resolution shall become effective immediately upon its adoption as required by law.