Title
Beck Road Transfer from Baldwin County to City of Foley
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Authorizing, consenting and entering into an agreement to the transfer of ownership, maintenance and responsibility for Beck Road from Baldwin County to the City of Foley.
SOURCE OF FUNDING:
Please provide the amount requested: ____________
Is this a budgeted item? Yes /No
Please provide the budgeted amount: $_____________ Account No. ___________________________
If budgeted, is this a capital purchase, capital project, or special fund? _________________________
Was this item included in the Fiscal Year Capital Projects Plan? Yes/No
If yes, please provide the amount included in Capital Projects Plan: $___________
Body
WHEREAS, a certain portion of Beck Road running from Juniper Street to County Road 20, which is approximately 1.25 miles in length (hereinafter "Beck Road"), is partially inside the corporate limits of the City of Foley and partially in the unincorporated area of Baldwin County; and
WHEREAS, Beck Road is a dirt road with limited improvements; and
WHEREAS, the City of Foley desires to take over sole and exclusive ownership, control, management, supervision, regulation, repair, maintenance, improvement, and responsibility for Beck Road to facilitate the orderly development of this area of the City of Foley in its corporate limits and exclusive police jurisdiction, and to facilitate the development of property owned by the City of Foley in this area; and
WHERAS, the City of Foley has found and determined that taking over sole and exclusive ownership, control, management, supervision, regulation, repair, maintenance, improvement, and responsibility of Beck Road is in the best interest of the City of Foley; 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 by the City Council of the City of Foley, Alabama, as follows:
SECTION 1. That the City of Foley hereby agrees to accept and take over from Baldwin County the sole and exclusive ownership, control, management, supervision, regulation, repair, maintenance, improvement, and responsibility of Beck Road running approximately 1.25 miles from Juniper Street to County Road 20 ("Beck Road").
SECTION 2. 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 3. Based on the condition and use of Beck Road and the request by the City of Foley, in accordance with Code of Alabama Section 11-49-80 and 81 (1975), Baldwin County and the City of Foley agree that the County shall not be required to pay any sum or sums for being relieved of the burden of the control, management, supervision, repair, maintenance and improvement of Beck Road.
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.