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 James E. Roberts and Kimberly D. Roberts. Mr. Roberts claims he did not know that he had the option to decline being included in the City's corporate limits and he wishes to have his property located at 22535 US Hwy 98 de-annexed.
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, property owned by James E. Roberts and Kimberly D. Roberts along U.S. Hwy. 98 was annexed into the City's corporate limits by Legislative Act and Mr. Roberts was not made aware of his option to decline his property being included in the annexation process.
WHEREAS, the property known as Lot 2, 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 2, 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 2, 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 James E. Roberts and Kimberly D. Roberts.
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. James E. Roberts, 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.