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AN ORDINANCE AUTHORIZING TRANSFER OF THE CITY-OWNED PORTION OF THE FOLEY BEACH EXPRESS TO ALDOT AND RELATED MATTERS
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WHEREAS, the City of Foley (“City”) owns a portion of the Foley Beach Expressway (“FBE”) and related right-of-way from where the FBE intersects with the Alabama Highway 59 right of way on the northern side of the City to where the FBE intersects with County Road 12 South on the southeastern side of the City (hereafter, the “City’s Part of the FBE”), as shown on Exhibit “A” hereto; and
WHEREAS, the City is currently responsible for the maintenance and repair of the City’s Part of the FBE and the related expenses; and
WHEREAS, the City is a party to that certain The “Foley-Beach Express” Agreement dated as of June 1, 1999, and amended in April of 2019, between Baldwin County, Alabama (the “County”), Baldwin County Bridge Company, L.L.C. (“BCBC”) and the City (the “TriParty Agreement”); that certain Mutual Assignment, dated May 29, 1999 (the “Mutual Assignment”), between the City, BCBC and the County; and the City has approved the Access Management Plan (the “AMP”) referenced in the TriParty Agreement and has agreed to follow the AMP in the operation of the City's Part of the FBE;
WHEREAS, the Alabama Department of Transportation (“ALDOT”) is purchasing the Beach Express Bridge which spans the Intracoastal Waterway (the “BEX Bridge”) together with all of the adjacent property owned by BCBC, which forms the southern portion of the Foley Beach Expressway, and will cease tolling such that the BEX Bridge and that portion of the adjacent property will be a free public bridge and thoroughfare;
WHEREAS, it is in the public interest for ALDOT to own and maintain all of the Foley Beach Expressway, including the City’s Part of the FBE; and
WHEREAS, the City has determined that conveying the City’s Part of the FBE to ALDOT would serve a public purpose and would result in substantial cost savings to the City; and
WHEREAS, as a consequence of ...
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