Title
Rescind Resolution No. 5123-12 and Authorize The Mayor To Enter Into An Extraterritorial Subdivision Jurisdiction Agreement.
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Rescind Resolution No. 5123-12 Authorizing The Mayor To Enter Into An Extraterritorial Subdivision Jurisdiction Agreement due to no accompanying legal description and authorize the Mayor to enter into an Extraterritorial Subdivision Jurisdiction Agreement
Body
WHEREAS, On September 17, 2012 under enabling Resolution No. 5123-12 the resolution did not include the legal description that was the basis for the Extraterritorial Jurisdiction and must be rescinded, and
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 encourages counties, cities, and planning commissions to come to an agreement on the planning commission's ETJ, 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: Rescinds Resolution No. 5123-12 that is attached.
SECTION 2: Authorizes the Mayor to enter into an Extraterritorial Subdivision Jurisdiction Agreement as attached and made a permanent part of this resolution, to include Exhibits "A" and "B".
SECTION 3: This Resolution shall become effective immediately upon its adoption as required by law.