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File #: 17-0660    Version: 1 Name: EXTRA-TERRITORIAL JURISDICTION AGREEMENT WITH BALDWIN COUNTY
Type: Resolution Status: Adopted
File created: 11/13/2017 In control: Community Development Deptartment
On agenda: 11/20/2017 Final action: 11/20/2017
Title: EXTRA-TERRITORIAL JURISDICTION AGREEMENT WITH BALDWIN COUNTY
Attachments: 1. ETJ Boundary.pdf, 2. 5123-12 RES

Title

EXTRA-TERRITORIAL JURISDICTION AGREEMENT WITH BALDWIN COUNTY

 

Body

 

RESOLUTION NO.

RESCINDING RESOLUTION #5123-12

AND AUTHORIZING THE MAYOR TO ENTER INTO A NEW

EXTRATERRITORIAL JURISDICTION AGREEMENT WITH BALDWIN COUNTY

 

                     WHEREAS, the Planning Commission has exercised extraterritorial jurisdiction over the regulation and enforcement of subdivisions in certain areas outside the City’s corporate limits (hereinafter abbreviated as “ETJ”), in addition to exercising similar jurisdiction for those subdivisions located inside the City’s corporate limits, and

 

                     WHEREAS, the City has annexed property that extends beyond the boundaries of the Planning Commission’s ETJ, and

 

                     WHEREAS, the Alabama Legislature amended State law under enabling Act 2012-297 that allows and encourage counties, cities, and planning commissions to come to an agreement on the planning commission’s ETJ, and

 

                     WHEREAS, the City previously adopted Resolution #5123-12 which is hereby being rescinded, and

 

                     WHEREAS, Baldwin County, the Foley Planning Commission and the City of Foley desire to enter into an ETJ agreement that amends the City of Foley’s Planning Commission’s ETJ.

 

                     NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama as follows:

 

                     SECTION 1:      Rescindes Resolution No.  5123-12 Authorizing the Mayor to enter into an Extraterritorial Subdivision Jurisdiction Agreement.

                     SECTION 2:                       Authorizes the Mayor to enter into an ETJ Agreement as attached and made a permanent part of this resolution.

                     SECTION 3:                     This Resolution shall become effective immediately upon its adoption as required by law.