HomeMy WebLinkAboutO-1726BALDWIN COUNTY , ALABAMA __._
HARRY D'OLIVE , JR . PROBATE JUDGE «--=-
Fi led /c ert . 9/24/2021 3:51 PM ...a:::=-
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6 Pages c..:ir,
ORDINANCE NO. 1726
AN ORDINANCE TO APPROVE THE ANNEXATION OF TERRITORY
WITHIN THE CITY LIMITS OF THE CITY OF FAIRHOPE, ALABAMA
(BALDWIN COUNTY COMMISSION)
WHEREAS , Main Street, also known as County Road 98 Scenic Route , from
State Highway 104 north approximately 1,200 feet (hereinafter "Main Street"), is a
road or road segment inside the corporate limit of the City of Fairhope; and
WHEREAS , Main Street includes all improvements within the right-of-way
such as , but not limited to , the road , drainage structures , signs , trails , sidewalks , etc.;
and
WHEREAS , an accurate description of Main Street, together with a map
thereof showing its relationship to the corporate limits of the City of Fairhope, is
attached hereto as Exhibit "A " and incorporated herein ; and
WHEREAS , the portion of Main Street that is not already the responsibility
of the City of Fairhope has been County-maintained for a period of at least one (1)
year prior to th~ effective date of this instrument; and
WHEREAS , Main Street is located within the City of Fairhope but
responsibility is vested in the County ; and
WHEREAS, the City of Fairhope desires to annex and assume responsibility
for Main Street, to the extent it is not already maintaining portions thereof, in order to
facilitate the orderly development and maintenance of this area and its corporate limits ;
and
WHEREAS , in order to accomplish the City ofFairhope 's desire to annex and
assume responsibility for Main Street in accordance with Code of A labama , § 11-49-
80(b ), (c) and (d), the Baldwin County Commission passed a resolution on August 3,
2021 , authorizing the annexation and transfer of responsibility for Main Street to the
City of Fairhope, a copy of which is attached hereto as Exhibit "B"; and
WHEREAS , said resolution did petition the City of Fairhope for annexation
and contained the signature of the owner of the described territory and a map of Main
Street showing its relationship to the corporate limits of the City of Fairhope; and
WHEREAS , the City Council of the City of Fairhope has determined that it is
in the public interest that Main Street be annexed into the City of Fairhope and that all
legal requirements for annexing Main Street have been met pursuant to Code of
A labama , § § 11-42-20 to 24.
)i
Ordinance No. 1726
Page -2-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
Section 1. The City Council of the City of Fairhope, Alabama, finds and
declares as the legislative body thereof that it is in the best interest of the citizens of
the City, and the citizens of the affected area, to annex and bring the territory described
herein as Main Street into the corporate limits of the City of Fairhope, and to assume
responsibility for those portions of Main Street, if any, that are already within the
corporate limits of the City of Fairhope pursuant to Code of Alabama, §§ l 1-49-80(b ),
(c) and (d), and 11-42-20 to 24.
Section 2. The boundary lines of the City of Fairhope, Alabama, be, and the
same are hereby altered or rearranged so as to include all of the territory heretofore
encompassed by the corporate limits of the City of Fairhope, Alabama, and in addition
thereto the following described territory, to-wit:
A part of the Southwest Quarter of Section 5 , Township 6 South, Range 2 East and
part of Grant Section 8, Township 6 South , Range 2 East, Baldwin County, Alabama
and being more fully described as follows:
It is the intent to convey unto the C ity of Fairhope, Alabama, any and all right and title
to that portion of the right-of-way owned and maintained by Baldwin County along
Main Street, also known as County Road 98 Scenic Route, formerly known as U. S.
Highway 98 , State Route 42 and State Route 104, beginning at the current west right-
of-way line of State Route 104 running north approximately 1,200 feet. Including all
improvements within the right-of-way such as , but not limited to the road, drainage
structures, signs, trails, sidewalks , etc . Said right-of-way being quitclaimed is part of
property conveyed in Deed Book 24 at page 619 and Deed Book 65 at page 106. It is
also the intent to convey any and all prescriptive right-of-way that Baldwin County,
Alabama may own.
Subject to any reservations , restrictions , exceptions , and encumbrances of record.
Section 3. The territory described in this ordinance shall become a part of and
lie within the corporate limits of the City of Fairhope, Alabama, upon publication of
this ordinance .
Section 4 . To the extent that portions of Main Street, if any , are already within
the corporate limits of the City of Fairhope, but responsibility is vested in the County,
the City of Fairhope hereby assumes responsibility of said portions of Main Street
pursuant to Code of Alabama, § l l-49-80(b ), in addition to their annexation or re-
annexation as described herein . In accordance with Code of Alabama, § 11-49-81 , the
City of Fairhope' s assumption of responsibility for Main Street is in exchange for the
County agreeing that it shall resurface, one time , Main Street from State Highway 104
north approximately 1,200 feet with a minimum one and a half inch (1.5'') overlay.
Ordinance No. 1726
Page -3-
The Baldwin County Commission and the City of Fairhope respectively acknowledge
and agree that this one-time resurfacing has been scheduled to occur as soon as
possible as consideration for this transfer, and may be completed prior to the transfer
of maintenance . The Baldwin County Commission and the City of Fairhop e agree that
said consideration is a reasonable charge for being relieved of the burden of the
control , management, supervision, repair, maintenance, and improvement of the road
described herein .
Sectio n 5. This ordinance shall be pu blished as provided by law, and a
certified copy of the same, together with a certified copy of the resolution and petition
of the Baldwin County Commission, shall be fi led with the Probate Judge of Baldwin
County, Alabama.
Section 6 . If any part, section or subdivision of this ordinance shall be held to
be illegal, invalid , or unenforceable for any reason, such holding shall not be construed
to invalidate or impair the remaining provisions of this ordinance, which shall continue
in full force and effect notwithstanding such holding.
ADOPTED THIS THE 13TH DAY OF SEPTEMBER , 2021
~~ JACKB LL
Council President
Attest:
ADOPTED THIS THE 13TH DAY OF SEPTEMBER , 2021
Mayor
Legend
-US Highway
-State_H ighway
County Mai ntai ned Ro ads
=-=-Paved
Unpaved
--911 Roads
-Main St Resurfacing
City Limits
-Faimope
0
Main St Resurfacing
Exhibit A
0.06 0 .12 0 .18 0.24
Miles
RESOLUTION NO. 2021-107
RESOLUTION OF THE COUNTY COMMISSION
OF BALDWIN COUNTY, ALABAMA,
AUTHORIZING ANNEXATION AND TRANSFER OF RESPONSIBILITY
FOR A PORTION OF MAIN STREET
FROM BALDWIN COUNTY TO THE CITY OF FAIRHOPE
WHEREAS, Main Street, also known as County Road 98 Scenic Route , from State
Highway 104 north approximately 1,200 feet (hereinafter "Main Street"), is a road or road segment
inside or abutting the corporate limits of the City of Fairhope; and
WHEREAS, Main Street includes all improvements within the right-of-way such as , but
not limited to, the road, drainage structures, signs , trails, sidewalks, etc.; and
WHEREAS, an accurate description of Main Street is attached hereto as Exhibit "A" and
incorporated herein; and
WHEREAS , the portion of Main Street that is not already the responsibility of the City of
Fairho pe has been County maintained for a period of one ( 1) year prior to the effective date of this
instrument; and
WHEREAS, Main Street is located within the City of Fairhope but responsibility is vested
in the County; and
WHEREAS, in order to clarify and simplify the City of Fairhope's assumption of
responsibility for Main Street in accordance with Code of Alabama, §l l-49-80(b), (c) and (d), the
Baldwin County Commission is submitting its consent and petition to the City of Fairhope to annex
Main Street and assume the responsibility thereof; and
WHEREAS, the City of Fairhope desires to assume responsibility for Main Street, to the
extent it is not already maintaining portions thereof, in order to facilitate the orderly development
and maintenance of this area and its corporate limits .
NOW, THEREFORE, BE IT RESOLVED by the Baldwin County Commission as
follows:
Section 1. That Baldwin County hereby consents to and petitions for the annexation of
Main Street by the City of Fairhope pursuant to Code of Alabama , § 11-49-80( c ), and (d) and § 11-
42-20 to 24 .
Section 2. To the extent that portions of Main Street, if any , are already located within
the corporate limits of City of Fairhope , but responsibility is vested in the County , the Baldwin
County Commission hereby consents to the assumption of responsibility of said portion or portions
of Main Street by the City of Fairhope , pursuant to Code of Alabama, § l l-49-80(b ), in addition to
their annexation or re-annexation as described herein. In accordance with Code of Alabama, § 11-
49-81, the City of Fairhope's assumption of responsibility for Main Street is in exchange for the
County agreeing that it shall resurface , one time, Main Street from State Highway 104 north
approximately 1,200 feet with a minimum one and a half inch (1.5") overlay. The Baldwin County
Commission and the City of Fairhope respectively acknowledge and agree that this one time
resurfacing has been scheduled to occur as soon as possible as consideration for this transfer, and
may be completed prior to the transfer of maintenance.
Section 3. The Baldwin County Commission and the City of Fairhope agree that said
consideration is a reasonable charge.
Section 4. If any part, section or subdivision of this resolution shall be held to be
illegal, invalid, or unenforceable for any reason, such holding shall not be construed to invalidate
or impair the remaining provisions of this resolution , which shall continue in full force and effect
notwithstanding such holding.
~!)PTED andp PROVED by the County Commission of Baldwin County , Alabama,
on the ~ day of :fiu~u s-:± , 2021 .
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WAYNE DYESS
County Administrator