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File #: 21-0003    Version: 1 Name: A Resolution Reducing the City's Corporate Limits
Type: Resolution Status: Removed
File created: 12/4/2020 In control: City Council
On agenda: 1/19/2021 Final action: 1/19/2021
Title: A Resolution Reducing the City's Corporate Limits
Attachments: 1. Deannexation Petition, 2. Exhibit A, 3. De-Annexation Map

Title

A Resolution 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 2019-363 the City erroneously included the property owned by Marcia McCroan.  The annexation by Legislative Act was adopted and took effect on September 1, 2019. Ms. McCroan has signed the petition requesting de-annexation.

 

 

Body

WHEREAS, Marcia McCroan was advised of the proposed 2019 Annexation by Legislative Act and received notice of the public hearing held on December 10, 2019, and had made her wishes known that she wanted to "Opt-Out", and

WHEREAS, the property located at 7857 State HWY 59 S., which consists of 0.366 acres, was inadvertently included in Legislative Act 2019-363 annexing various properties throughout the City of Foley, and

WHEREAS, it is the City's desire to decrease the City's corporate limits by de-annexing 7857 State HWY 59 S 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 7857 State HWY 59 S.

SECTION 2:                     The qualified elector that owns the property is Marcia McCroan.

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, Marcia McCroan, 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.