Title
Reducing the City's Corporate Limits
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Through the process of the annexation by Legislative Act 2014-409 the City excluded by "Less and Except" the property owned by Larry Wireman, however, in drafting the bill the Legislative Reference Service inadventently omitted the "Less and Exception" portion that would have excluded Mr. Wireman's property. The annexation by Legislative Act was adopted and was effective July 1, 2014. Mr. Wireman had been sent a letter requesting his signature on de-annexation paperwork but the City did not receive it until August 13, 2014.
Body
WHEREAS, Larry Wireman was advised of the proposed Annexation by Legislative Act along U.S. Hwy. 98 West and received notice of the public hearing held on January 8, 2014, and had made his wishes known that he wanted to "Opt-Out", and
WHEREAS, the property located at 17195 US Highway 98 West, which consists of 19.44 acres, was inadvertently included in Legislative Act 2014-409 annexing various properties along U.S. Hwy. 98 west of Foley, and
WHEREAS, it is the City's desire to decrease the City's corporate limits by de-annexing 17195 US Highway 98 West 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 17195 US Highway 98 West.
SECTION 2: The qualified elector that owns the property is Larry Wireman.
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 owner of record, Larry Wireman, 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.