Alabama 2022 Regular Session

Alabama House Bill HB132 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB132
2	2	2 216080-1
3	3	3 By Representatives Shiver, Baker and Faust (Constitutional
4	4	4 Amendment)
5	5	5 RFD: Baldwin County Legislation
6	6	6 First Read: 13-JAN-22
7	7
8	8	Page 0 1 216080-1:n:01/05/2022:LK/bm LSA2021-2684
9	9	2
10	10	3
11	11	4
12	12	5
13	13	6
14	14	7
15	15	8 SYNOPSIS: This bill would propose a local
16	16	9 constitutional amendment relating to Baldwin County
17	17	10 to define the White House Fork Landmark District
18	18	11 within the county and to prohibit the annexation by
19	19	12 local law of any property within the district into
20	20	13 any municipality except under certain conditions.
21	21	14
22	22	15 A BILL
23	23	16 TO BE ENTITLED
24	24	17 AN ACT
25	25	18
26	26	19 Proposing an amendment to the Constitution of
27	27	20 Alabama of 1901, relating to Baldwin County, to define the
28	28	21 White House Fork Landmark District within the county and to
29	29	22 prohibit the annexation by local law of any property within
30	30	23 the district into any municipality except under certain
31	31	24 conditions.
32	32	25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
33	33	26 Section 1. The following amendment to the
34	34	27 Constitution of Alabama of 1901, is proposed and shall become
35	35	Page 1 1 valid as a part of the Constitution when all requirements of
36	36	2 this act are fulfilled:
37	37	3 PROPOSED AMENDMENT
38	38	4 (a) For the purposes of this amendment, the "White
39	39	5 House Fork Landmark District" in Baldwin County is defined as
40	40	6 follows:
41	41	7 Commence at the Southwest Corner of Section 7,
42	42	8 Township 3 South, Range 3 East for a POINT OF BEGINNING:
43	43	9 Thence run Northward along and with the West Boundary of said
44	44	10 Section 7 and the East Boundary of the current City of Spanish
45	45	11 Fort Corporate Limits to the Northwest Corner of
46	46	12 BaldwinCounty, Alabama Tax Parcel Number
47	47	13 05-28-03-07-0-000-041.000; thence run Westwardly along and
48	48	14 with the North Boundary of said Corporate Limits to the
49	49	15 Northeast Corner of Baldwin County, Alabama Tax Parcel Number
50	50	16 05-29-01-12-0-000-075.000; thence run Southwardly along and
51	51	17 with the West Boundary of the current City of Spanish Fort
52	52	18 Corporate Limits to theSoutheast Corner of Baldwin County,
53	53	19 Alabama Tax Parcel Number 05-29- 01-12-0-000-064.001; thence
54	54	20 run Westwardly along and with the North Boundary of said
55	55	21 Corporate Limits to the Northeast Corner of Baldwin County,
56	56	22 Alabama Tax Parcel Number 05-29-06-13-0-000-002.000; thence
57	57	23 run Southwardly along and with the West Boundary of the
58	58	24 current City of Spanish Fort Corporate Limits to the
59	59	25 Southeast Corner of said Tax Parcel; thence run Westwardly
60	60	26 along and with the North Boundary of said Corporate Limits to
61	61	27 the Southwest corner of said Tax Parcel; thence run
62	62	Page 2 1 Northwardly along and with the East Boundary of said
63	63	2 Corporate Limits to the Northwest Corner of said Tax Parcel;
64	64	3 thence run Westwardly along with the North Boundary of the
65	65	4 current City of Spanish Fort Corporate Limits to the Southeast
66	66	5 Corner of Baldwin County, Alabama Tax Parcel Number
67	67	6 05-29-01-12-0-000-061.000; thence run Southwardly along and
68	68	7 with the West Boundary of the current City of Spanish Fort
69	69	8 Corporate Limits to the Southeast Corner of Baldwin County,
70	70	9 Alabama Tax Parcel Number 05-29-06-13-0-000-024.000; thence
71	71	10 run Westwardly along and with the North Boundary of the
72	72	11 current City of Spanish Fort Corporate Limits to the Southwest
73	73	12 Corner of Baldwin County, Alabama Tax Parcel Number
74	74	13 05-29-06-13-0-000-029.000; thence run Southwardly along and
75	75	14 with the West Boundary of the current City of Spanish Fort
76	76	15 Corporate Limits to the Southeast Corner of Baldwin County,
77	77	16 Alabama Tax Parcel Number 05-29-06-14-0-000-005.000 and the
78	78	17 Southeast Corner of Section 14, Township 3 South, Range 2
79	79	18 East; thence run Westwardly along and with the North Boundary
80	80	19 of the current City of Spanish Fort Corporate Limits to the
81	81	20 Southwest Corner said Tax Parcel; thence run Northwardly along
82	82	21 and with the East Boundary of said Corporate Limits to the
83	83	22 Northwest Corner of said Tax Parcel; thence run Westwardly
84	84	23 along and with the North Boundary of the current City of
85	85	24 Spanish Fort Corporate Limits to the Northwest Corner of
86	86	25 Baldwin County, Alabama Tax Parcel Number
87	87	26 05-29-06-14-0-000-004.000; thence run Southwardly along and
88	88	27 with the West Boundary of said Corporate Limits to the
89	89	Page 3 1 Southwest Corner of said Tax Parcel; thence run Westwardly
90	90	2 along and with the North Boundary of the current City of
91	91	3 Spanish Fort Corporate Limits to the Southwest Corner of
92	92	4 Cypress Ridge Subdivision, Phase 1, as shown by map or plat
93	93	5 thereof recorded on Slide File 2368-C, Probate Records,
94	94	6 Baldwin County, Alabama and the Southwest Corner of Section
95	95	7 14, Township 3 South, Range 2 East; thence run Southwardly
96	96	8 along and with the West Boundary of the current City of
97	97	9 Spanish Fort Corporate Limits to the Southeast Corner of
98	98	10 Baldwin County, Alabama Tax Parcel Number
99	99	11 05-29-05-22-0-000-002.007; thence run Westwardly along and
100	100	12 with the North Boundary of the current City of Spanish Fort
101	101	13 Corporate Limits to the Southeast Corner of Lot 10, Whitehouse
102	102	14 Creek Acres, as shown by map or plat thereof recorded on Slide
103	103	15 File 1262-B, Probate Records, Baldwin County, Alabama; thence
104	104	16 run Westwardly along and with the North Boundary of said
105	105	17 Corporate Limits to the Southwest Corner of Lot 9, of said
106	106	18 Whitehouse Creek Acres; thence run Northwardly along and with
107	107	19 the East Boundary of the current City of Spanish Fort
108	108	20 Corporate Limits to the Southern Margin of Whitehouse Fork
109	109	21 Road Ext. and the Northern Boundary of said Corporate Limits;
110	110	22 thence run Westwardly along and with the North Boundary of
111	111	23 said Corporate Limits and the South Margin of Whitehouse Fork
112	112	24 Road Ext. to the Northwest Corner of Lot 1, of said Whitehouse
113	113	25 Creek Acres; thence run Southwardly along and with the West
114	114	26 Boundary the current City of Spanish Fort Corporate Limits to
115	115	27 the Southeast Corner of Baldwin County, Alabama Tax Parcel
116	116	Page 4 1 Number 05-29-05-22-0-000-008.000; thence run Westwardly along
117	117	2 and with North Boundary of said Corporate Limits to the
118	118	3 Southwest Corner of said Tax Parcel; thence run Northwardly
119	119	4 along and with the West Boundary of said Tax Parcel and
120	120	5 extension thereof to the North Margin Whitehouse Fork Road
121	121	6 Ext.; thence run Northwestwardly along and with the North
122	122	7 Margin of said Road to the Southwest Corner of Baldwin County,
123	123	8 Alabama Tax Parcel Number 05-29-05-22-0-000-005.017; thence
124	124	9 run Northwardly along and with the West Boundary of said Tax
125	125	10 Parcel to the Northwest Corner of said Tax Parcel and the
126	126	11 Northwest Corner of Section 22, Township 3 South, Range 2
127	127	12 East; thence run Eastwardly to the Southwest Corner of
128	128	13 Baldwin, Alabama Tax Parcel Number 05-29-05-15-0-000-015.001
129	129	14 and the Southwest Corner of Section 15, Township 3 South,
130	130	15 Range 2 East; thence run Northwardly along and with the West
131	131	16 Boundary of said Tax Parcel to the Northwest Corner of Section
132	132	17 15, Township 3 South, Range 2 East; thence run Eastwardly
133	133	18 along the North Boundary of said Section 15 to the Southwest
134	134	19 Corner of Baldwin County, Alabama Tax Parcel Number
135	135	20 05-29-02-10-0-000-024.000; thence run Northeastwardly along
136	136	21 and with the West Boundary of said Tax Parcel to the Northwest
137	137	22 Corner of said Tax Parcel; thence run Eastwardly along and
138	138	23 with the North Boundary of said Tax Parcel to the Southwest
139	139	24 Corner of Baldwin County, Alabama Tax Parcel Number
140	140	25 05-29-02-10-0-000-002.000; thence run Northwardly along and
141	141	26 with the West Boundary of said Tax Parcel to the Northwest
142	142	27 Corner of said Tax Parcel; thence run Eastwardly along the
143	143	Page 5 1 North Boundary of said Tax Parcel and extension thereof to the
144	144	2 Southeast Corner of Baldwin County, Alabama Tax Parcel Number
145	145	3 05-29-01-02-0-000-008.000; thence run Northwardly along and
146	146	4 with the East Boundary of said Tax Parcel to the Northwest
147	147	5 Corner of Baldwin County, Alabama Tax Parcel Number
148	148	6 05-29-01-02-0-000-014.002; thence run Eastwardly along and
149	149	7 with the North Boundary of said Tax Parcel and extension
150	150	8 thereof to the Southeast Corner of Baldwin County, Alabama Tax
151	151	9 Parcel Number 05-29-01-02-0-000-013.000; thence run
152	152	10 Northwardly along and with the East Boundary of said Tax
153	153	11 Parcel and the extension thereof to the Southwest Corner of
154	154	12 Baldwin County, Alabama Tax Parcel Number
155	155	13 05-29-01-01-0-000-002.000; thence run Eastwardly along and
156	156	14 with the South Boundary of said Tax Parcel to the Southeast
157	157	15 Corner of said Tax Parcel; thence run Northwardly along and
158	158	16 with the East Boundary of said Tax Parcel and the extension
159	159	17 thereof to the lower Northwest Corner of Baldwin County,
160	160	18 Alabama Tax Parcel Number 05-22-08-36-0-000- 029.000; thence
161	161	19 run Eastwardly and Northwardly along and with the Western
162	162	20 Boundary of said Tax Parcel to the upper Northwest Corner of
163	163	21 said Tax Parcel; thence run Eastwardly along and with the
164	164	22 North Boundary of said Tax Parcel to the Southeast Corner of
165	165	23 Baldwin County, Alabama Tax Parcel Number
166	166	24 05-22-08-36-0-000-001.000; thence run Northwardly along and
167	167	25 with the East Boundary of said Tax Parcel and extension
168	168	26 thereof to the Northwest Corner of Baldwin County, Alabama Tax
169	169	27 Parcel Number 05-23-09-30-0-000-034.000; thence run Eastwardly
170	170	Page 6 1 along and with the North Boundary of said Tax Parcel to the
171	171	2 Southeast Corner of Baldwin County, Alabama Tax Parcel Number
172	172	3 05-23-09-30-0-000-015.000; thence run Northwardly along and
173	173	4 with the West Boundary of Baldwin County, Alabama Tax Parcel
174	174	5 Number 05-23-09-30-0-000-015.005 to the Northwest Corner of
175	175	6 said Tax Parcel; thence run Eastwardly along and with the
176	176	7 North Boundary of said Tax Parcel to the Southeast Corner of
177	177	8 Baldwin County, Alabama Tax Parcel Number
178	178	9 05-23-09-30-0-000-015.002; thence run Northwardly along and
179	179	10 with the East Boundary of said Tax Parcel to the Northwest
180	180	11 Corner of Baldwin County, Alabama Tax Parcel Number
181	181	12 05-23-09-30-0-000-009.001; thence run Eastwardly along and
182	182	13 with the North Boundary of said Tax Parcel to the Southeast
183	183	14 Corner of Baldwin County, Alabama Tax Parcel Number
184	184	15 05-23-09-30-0-000-009.011; thence run Northwardly along and
185	185	16 with the East Boundary of said Tax Parcel to the Northwest
186	186	17 Corner of Baldwin County, Alabama Tax Parcel Number
187	187	18 05-23-09-30-0-000-009.000; thence run Westwardly along and
188	188	19 with the South Boundary of Baldwin County, Alabama Tax Parcel
189	189	20 Number 05-23-04-19-0-000-001.030 to the Southwest Corner of
190	190	21 said Tax Parcel; thence run Northwardly along and with the
191	191	22 West Boundary of said Tax Parcel to the Southern Margin of
192	192	23 Baldwin County Highway Number 138; thence run Eastwardly and
193	193	24 Northeastwardly along and with the Southern and Eastern
194	194	25 Margins of said County Highway to the Northeastern Margin of
195	195	26 Whitehouse Fork Road and the Northwestern Corner of Baldwin
196	196	27 County, Alabama Tax Parcel Number 05-23-04-20-0-000-052.000;
197	197	Page 7 1 thence run Southwardly along and with the West Boundary of
198	198	2 said Tax Parcel to the Northwest Corner of Baldwin County,
199	199	3 Alabama Tax Parcel Number 05-23- 04-20-0-000-053.000; thence
200	200	4 run Eastwardly along and with the North Boundary of said Tax
201	201	5 Parcel to the Northwest Corner of Baldwin County, Alabama Tax
202	202	6 Parcel Number 05-23-04-20-0-000-051.016; thence run
203	203	7 Southwardly along and with the West Boundary of said Tax
204	204	8 Parcel to the Southeast Corner of Baldwin County Tax Parcel
205	205	9 Number 05-23-04-20-0-000-055.000 and to the current City of
206	206	10 Bay Minette Corporate Limits; thence run Westwardly along and
207	207	11 with the South Boundary of said Tax Parcel and said Corporate
208	208	12 Limits to the Northwest Corner of Baldwin County, Alabama Tax
209	209	13 Parcel Number 05-23-04-20-0-000-051.022; thence run
210	210	14 Southwardly along and with the West Boundary of said Tax
211	211	15 Parcel and said Corporate Limits to the Northwest Corner of
212	212	16 Baldwin County, Alabama Tax Parcel Number
213	213	17 05-23-04-20-0-000-051.004; thence run Eastwardly, Southwardly,
214	214	18 and Eastwardly along and with the South Boundary of the
215	215	19 current City of Bay Minette Corporate Limits to the Northeast
216	216	20 Corner of Baldwin County, Alabama Tax Parcel Number
217	217	21 05-23-04-20-0-000-051.019; thence run Southwardly and
218	218	22 Westwardly along and with the West Boundary of the current
219	219	23 City of Bay Minette Corporate Limits to the Northwest Corner
220	220	24 of Baldwin County, Alabama Tax Parcel Number
221	221	25 05-23-09-29-0-000-003.001; thence run Southwardly along and
222	222	26 with the said Corporate Limits to the Northwest Corner of
223	223	27 Baldwin County, Alabama Tax Parcel Number
224	224	Page 8 1 05-23-09-29-0-000-002.001; thence run Southwardly along and
225	225	2 with the West Boundary of said Tax Parcel and extension
226	226	3 thereof to the Upper Northwest corner of Baldwin County,
227	227	4 Alabama Tax Parcel Number 05-23-09-32-0-000-005.001 and to the
228	228	5 current City of Spanish Fort Corporate Limits; thence run
229	229	6 Southwardly along and with the West Boundary of said Corporate
230	230	7 Limits to the Southeast Corner of Baldwin County, Alabama Tax
231	231	8 Parcel Number 05-23-09-32-0000-004.000; thence run Westwardly
232	232	9 along and with said Corporate Limits to the Lower Northwest
233	233	10 Corner of Baldwin County, Alabama Tax Parcel Number
234	234	11 05-23-09-32-0-000-005.001; thence run Southwardly along and
235	235	12 with the West Boundary of the current City of Spanish Fort
236	236	13 Corporate Limits to the Northeast Corner of Baldwin County,
237	237	14 Alabama Tax Parcel Number 05-28-03-07-0-000-013.000; thence
238	238	15 run Westwardly along and with said Corporate Limits to the
239	239	16 Northwest Corner of said Tax Parcel; thence run Southwardly
240	240	17 along and with said Corporate Limits to the Southwest Corner
241	241	18 of said Tax Parcel; thence run Eastwardly along and with said
242	242	19 Corporate Limits to the Southeast Corner of said Tax Parcel;
243	243	20 thence run Southwardly along and with the West Boundary of the
244	244	21 current City of Spanish Fort Corporate Limits to the Northeast
245	245	22 Corner of Baldwin County, Alabama Tax Parcel Number
246	246	23 05-28-03-07-0-000-042.000; thence run Westwardly along and
247	247	24 with the North Boundary of said Corporate Limits to the
248	248	25 Northwest Corner of said Tax Parcel; thence run Southwardly
249	249	26 along and with the West Boundary of the current City of
250	250	27 Spanish Fort Corporate Limits to the Southeast Corner of
251	251	Page 9 1 Baldwin County, Alabama Tax Parcel Number
252	252	2 05-28-03-07-0-000-041.000; thence run Westwardly along and
253	253	3 with the North Boundary of said Corporate Limits to the
254	254	4 Southwest Corner of Section 7, Township 3 South, Range 3 East
255	255	5 to the Point Of Beginning.
256	256	6 LESS AND EXCEPT therefrom any portion of the above
257	257	7 described property which lies within the Corporate Limits of
258	258	8 the City of Spanish Fort or the City of Bay Minette, Alabama.
259	259	9 (b) No property within the White House Fork Landmark
260	260	10 District may be annexed into any municipality by local law.
261	261	11 (c) Subsection (b) shall not apply to any
262	262	12 municipality incorporated after the ratification of this
263	263	13 amendment which includes any part of the White House Fork
264	264	14 Landmark District.
265	265	15 (d) The White House Fork Landmark District shall not
266	266	16 be considered a legal entity and shall not have any of the
267	267	17 following powers or authority:
268	268	18 (1) Standing to sue or be sued.
269	269	19 (2) Taxing authority.
270	270	20 (3) Zoning authority.
271	271	21 (4) Police power and public safety authority.
272	272	22 (5) Authority to adopt ordinances, rules, or
273	273	23 regulations within its boundaries.
274	274	24 (6) Any other authority or power commonly associated
275	275	25 with a legal entity.
276	276	26 (e) Upon ratification of this constitutional
277	277	27 amendment and contingent upon the ratification of the
278	278	Page 10 1 Constitution of Alabama of 2022, the Code Commissioner shall
279	279	2 number and place this amendment as appropriate in the
280	280	3 constitution based upon a logical sequence and the particular
281	281	4 subject or topic of the amendment. In this amendment, the Code
282	282	5 Commissioner may change capitalization, spelling, and
283	283	6 punctuation for the purpose of style and uniformity; correct
284	284	7 manifest grammatical, clerical, and typographical errors; and
285	285	8 correct incorrect cross-references. The Code Commissioner,
286	286	9 during publication, may also omit this instructional
287	287	10 paragraph.
288	288	11 Section 2. An election upon the proposed amendment
289	289	12 shall be held at the general election in November 2022 in
290	290	13 accordance with Section 284.01 of the Constitution of Alabama
291	291	14 of 1901, now appearing as Section 284.01 of the Official
292	292	15 Recompilation of the Constitution of Alabama of 1901, as
293	293	16 amended, and the election laws of this state.
294	294	17 Section 3. The appropriate election official shall
295	295	18 assign a ballot number for the proposed constitutional
296	296	19 amendment on the election ballot and shall set forth the
297	297	20 following description of the substance or subject matter of
298	298	21 the proposed constitutional amendment:
299	299	22 "Relating to Baldwin County, proposing an amendment
300	300	23 to the Constitution of Alabama of 1901, to define the White
301	301	24 House Fork Landmark District within the county and to prohibit
302	302	25 the annexation by local law of any property within the
303	303	26 district into any municipality except under certain
304	304	27 conditions.
305	305	Page 11 1 "Proposed by Act _________."
306	306	2 This description shall be followed by the following
307	307	3 language:
308	308	4 "Yes ( ) No ( )."
309	309	Page 12