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File #: 13-0848    Version: 1 Name: Second Reading. An Ordinance approving Petition for Annexation and Bringing Property into the Corporate Limits of The City of Foley
Type: Ordinance Status: Adopted
File created: 7/16/2013 In control: City Council
On agenda: 12/2/2013 Final action: 12/2/2013
Title: An Ordinance approving Petition for Annexation and Bringing Property into the Corporate Limits of The City of Foley
Attachments: 1. Gene Morris Annexation Map, 2. Gene Morris Annexation Petition, 3. Gene and Patricia Morris Annexation Report, 4. Gene Morris Annexation Report for Mayor and Council by Miriam Boutwell, 5. Gene Morris Engineer Recommendation
Related files: 13-0821

Title

An Ordinance approving Petition for Annexation and Bringing Property into the Corporate Limits of The City of Foley

 

Summary

DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)

Gene and Patricia Morris have requested permission to annex their property at 23080 Miflin Road, Foley, Alabama 36535. The property is located on the south side of Miflin Road just north of Glen Lakes Subdivision.  Reports from the City Planner, and the Environmental Manager are attached. Awaiting the report from the City Engineer and verification from Karen on the legal description.   There is a $250 zoning fee and the owners were wanting to know if the other properties would be up for consideration for annexation as they would like to be exempt from the zoning fee.  They felt that other homeowners would come into the City if the fee was waived as their neighbors are elderly and don't have the money to spend. 

 

Mr. Morris has contacted the majority of the people living around him.  He states that they are willing to annex pending waiving the $250 zoning fee, which is an issue for those living on a fixed income. 

 

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, on the 21st day of June, 2013, Alvia Eugene Morris and Patricia A. Morris, being the owners of all the real property hereinafter described, did file with the City Clerk petitions asking tha the said tracts or parcels of land be annexed to and become a part of the City of Foley, and

 

WHEREAS, said petition did contain the signtures of all the owners of the described territory and a map of said property showing its relationship to the corporate limits of the City of Foley, and

 

WHEREAS, the governing body did determine that it is in the public interest that said property be annexed to the City of Foley and it did further determine that all legal requirements for annexing said real property have been met pursuant to Sections 11-42-20 through 11-42-24, Code of Alabama, 1975/

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FOLEY, ALABAMA AS FOLLOWS: 

 

Section 1.                     The Council of the City of Foley, Alabama, finds and declares as the legislative body of the City that it is in the best interests of the citizens of the City, and the citizens of the affected area, to bring the territory described in Section 2 of this ordinance into the City of Foley.

 

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 heretobefore encompassed by the corporate limits of the City of Foley, Alabama, and in addition thereto the following described territory, to-wit:

TAX MAP PARCEL NUMBER: 05-61-01-12-0-000-046.000

Lots 5 and 6, Unit Two, Wolf Bay Estates, according to plat thereof recorded in Map Book 6, Page 82, of the records in the Office of the Judge of the Probate Court of Baldwin County, Alabama.

 

                     Section 3.                     Petitioners requested zoning is R-1A (Residential Single Family) for 0.918± acres, upon adoption of this ordinance.

 

                     Section 4.                     This ordinance shall be published as provided by law, and a certified copy of same, together with a certified copy of the petition of the property owners, shall be filed with the Probate Judge of Baldwin County, Alabama.

 

Section 5.                     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.