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AN ORDINANCE TO APPROVE THE ANNEXATION OF TERRITORY WITHIN OR ABUTTING THE CITY LIMITS OF THE CITY OF FOLEY, ALABAMA (BALDWIN COUNTY COMMISSION)
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WHEREAS, Certain Unopened and/or Unnamed Rights-of-Way are located east of the Foley Beach Express inside or abutting the corporate limits of the City of Foley (collectively described herein as the “Foley Rights-of-Ways”); and
WHEREAS, an accurate description of the Foley Rights-of-Ways, together with a map thereof showing their relationship to the corporate limits of the City of Foley, is attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the character and nature of the Foley Rights-of-Ways varies, as certain portions are either (i) located within the City of Foley but responsibility is vested in the County, (ii) bounded on one side by the corporate limits of Foley, or (iii) abutting or otherwise touching the corporate limits of the City of Foley; and
WHEREAS, the City of Foley desires to annex and assume responsibility for the Foley Rights-of-Ways 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 Rights-of-Ways in accordance with Code of Alabama, §11-49-80(b), (c) and (d), the Baldwin County Commission passed a resolution on March 18, 2025, authorizing the annexation and transfer of responsibility for the Foley Rights-of-Ways 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 Rights-of-Ways 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 Rights-of-Ways be annexed into the City of Foley and that all legal
requirements for annexing the Foley Rights-of-Ways 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 Rights-of-Ways into the corporate limits of the City of Foley, and to assume responsibility for those portions of the Foley Rights-of-Ways, 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:
FOLEY RIGHTS-OF-WAYS
A strip of land 20 feet wide, North and South, off the west line of the Southwest Quarter of the Northwest Quarter; A strip of land 20 feet wide, North and South, off the west line of the Southwest Quarter;
A strip of land 15 feet wide, East and West, off the south line of the Southwest Quarter of the Northwest Quarter;
A strip of land 15 feet wide, East and West, off the north line of the Northwest Quarter of the Southwest Quarter;
A strip of land 20 feet wide, East and West, off the south line of the Southwest Quarter of the Southwest Quarter;
Lying in Section 13, Township 7 South, Range 4 East.
A strip of land 20 feet wide, North and South, off the east line of the Southeast Quarter of the Northeast Quarter;
A strip of land 20 feet wide, North and South, off the east line of the Southeast Quarter;
A strip of land 20 feet wide, East and West, off the south line of the Southeast Quarter of the Southeast Quarter;
Lying in Section 14, Township 7 South, Range 4 East.
A strip of land 20 feet wide, North and South, off the east line of the Northeast Quarter;
A strip of land 20 feet wide, East and West, off the north line of the Northeast Quarter of the Northeast
Quarter;
Lying in Section 23, Township 7 South, Range 4 East.
A strip of land 20 feet wide, North and South, off the west line of the Northwest Quarter;
A strip of land 20 feet wide, East and West, off the north line of the Northwest Quarter of the Northwest Quarter; Lying in Section 24, Township 7 South, Range 4 East.
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 the Foley Rights-of-Ways, 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 Rights-of-Ways pursuant to Code of Alabama, §11-49-80(b), in addition to its 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 Rights-of-Ways is in exchange for the payment of One Hundred Dollars ($100.00) from the County. 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 ordinance shall not be held or construed to invalidate or impair the remaining provisions of this ordinance, which shall continue in full force and effect notwithstanding such holding.