HomeMy WebLinkAboutO-1790ORDINANCE NO.1790
AN ORDINANCE TO REQUIRE ANNEXATION
FOR PROPERTY OUTSIDE THE CITY LIMITS
BUT CONTIGUOUS TO THE CITY LIMITS
FOR NEW CONNECTION TO THE
CITY OF FAIRHOPE'S WATER SYSTEM
WHEREAS , in recent years the exp losive growth the City of Fairhope has put heavy
demand on the resources of the City to meet the water needs of Fairhope residents and
businesses ; and
WHEREAS , thi s dem and on the City's resources , particularly the demand for water ,
has made it increasingly difficult for th e City to meet the needs ofFairhope's customers
while continuing with the City's prior policy of serving water customers outside
Fairhope's corporate limits ; and
WHEREAS , while the City is presently engaged in an extensive search for new water
sources, the future availability of a clean and reliable water supply is far from certain
and, in any event, the costs of securing significant new water sources is su b stantial; and
WHE REAS , the Governing Body of th e City of Fairhope finds and declares its primary
purpose to be the provision of adequate and safe water serv ice to customers located
within the corporate limits of the C ity of Fairhop e .
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , as fo ll ows:
Section 1. The Co d e of Ordinances , City of Fairhope, Alab ama, Chapter 21 , Article
III. Water is hereby amended to reflect the following changes a nd
additio ns:
ARTICLE III. WATER
In addition to other requi rements set forth by the City and codified in the Fairhope Code
of Ordinances, property located ou tside the Fairho pe corporate limits , but contiguous to
the corporate limits , must be annexed into the City of Fairhope prior to the
establishment of any new connections to the Fairhope Water System.
Notwithstanding this requirement, the City will continue to serve cu stomers wi th
existing water connections located outside the Fairhope corporate li mits . Additionally,
the City will honor existing commitments to provide water service to property located
outside the corporate lim its if it has an active building permit with the City, or received
prelim inary or final plat approval with prior written acknowledgment of the City's
ability to provide water service to the property.
Ordinance No . 1790
Page -2-
Section 2.
Section 3.
Attest:
Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be
declared unconstitutional or otherwise invalid for any reason, or should
any portion of this ordinance be pre-empted by state or federal law or
regulation , such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other
persons or circumstances.
This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
Corey Martin, Council President
4if.f!jµ=
City Jerk
ADOPTED THIS THE 26TH DAY OF FEBRUARY 2024