Alabama 2022 Regular Session

Alabama House Bill HB179 Compare Versions

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

Old	New	Differences
1	1	1 HB179
2	2	2 216515-1
3	3	3 By Representatives McMillan, Faust and Shiver (Constitutional
4	4	4 Amendment)
5	5	5 RFD: Baldwin County Legislation
6	6	6 First Read: 01-FEB-22
7	7
8	8	Page 0 1 216515-1:n:01/18/2022:LK/tgw LSA2022-254
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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 Bon Secour Landmark District within
18	18	11 the county and to prohibit the annexation by local
19	19	12 law of any property within the district into any
20	20	13 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 Bon
28	28	21 Secour Landmark District within the county and to prohibit the
29	29	22 annexation by local law of any property within the district
30	30	23 into any municipality except under certain conditions.
31	31	24 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32	32	25 Section 1. The following amendment to the
33	33	26 Constitution of Alabama of 1901, is proposed and shall become
34	34	Page 1 1 valid as a part of the Constitution when all requirements of
35	35	2 this act are fulfilled:
36	36	3 PROPOSED AMENDMENT
37	37	4 (a) For the purposes of this amendment, the "Bon
38	38	5 Secour Landmark District" in Baldwin County is defined as
39	39	6 follows:
40	40	7 Beginning at the intersection of the centerline of
41	41	8 County Road 12 S and the centerline County Road 49; thence run
42	42	9 Easterly along the centerline of County Road 12 S to the
43	43	10 intersection of the centerline of County Road 12 S and the
44	44	11 centerline of County Road 65; thence run Southerly along the
45	45	12 centerline of County Road 65 a distance of 3,192 feet, more or
46	46	13 less, to a point; thence run Easterly 30 feet, more or less,
47	47	14 to the projected west boundary line of parcel
48	48	15 05-61-04-39-0-000-001.000; thence run Easterly along the north
49	49	16 line of said parcel to the centerline of Bon Secour River;
50	50	17 thence run Southwesterly following the meanderings along the
51	51	18 centerline and of Bon Secour River approximately 2,500 feet,
52	52	19 more of less, to the intersection of Keller Road; thence run
53	53	20 Easterly along the centerline of Keller Rd to the intersection
54	54	21 of the centerline of Keller Road and the centerline of Helton
55	55	22 Drive; thence run Southerly along the centerline of Helton
56	56	23 Drive to the intersection of the centerline of Helton Drive
57	57	24 and the centerline of County Road 10; thence run Westerly
58	58	25 along the centerline of County Road 10 a distance of 170 feet,
59	59	26 more or less, to a point; thence run Southerly 40 feet, more
60	60	27 or less, to the projected northeast corner of parcel
61	61	Page 2 1 05-61-04-19-0-000-042.002; thence run Southerly along a
62	62	2 boundary line of said parcel 90 feet, more or less, to a
63	63	3 corner of said parcel; thence run Easterly along a boundary
64	64	4 line of said parcel 9 feet, more or less, to a corner of said
65	65	5 parcel; thence run Southerly along a boundary line of said
66	66	6 parcel 66 feet, more or less, to a corner of said parcel;
67	67	7 thence run Easterly along a boundary line of said parcel 42
68	68	8 feet, more or less to a corner of said parcel; thence run
69	69	9 along the eastern boundary of parcel 05-61-04-19-0-000-042.002
70	70	10 Southerly 44 feet, more or less, to the southeast corner of
71	71	11 said parcel; thence run Westerly along the north boundary line
72	72	12 of parcel 05-61-04-19-0-000-043.000 223 feet, more or less, to
73	73	13 the northwest corner of said parcel; thence run Southerly
74	74	14 along the west boundary lines of parcels
75	75	15 05-61-04-19-0-000-043.000 and 05-61-04-19-0-000-043.001 a
76	76	16 distance of 200 feet, more or less, to the southwest corner of
77	77	17 parcel 05-61-04-19-0-000-043.001; thence run Westerly along
78	78	18 the north boundary of parcel 05-61-04-19-0-000-045.000 a
79	79	19 distance of 322 feet, more or less, to the northwest corner of
80	80	20 said parcel; thence run Southerly along the west boundary
81	81	21 lines of parcels 05-61-04-19-0-000-045.000,
82	82	22 05-61-04-19-0-000-046.000, 05-61-04-19-0-000-047.001, and
83	83	23 05-61-04-19-0-000-048.000 a distance of 860 feet, more or
84	84	24 less, to the southwest corner of parcel
85	85	25 05-61-04-19-0-000-048.000; thence run Easterly along the
86	86	26 projected southern boundary of said parcel 668 feet, more of
87	87	27 less, to the centerline of Helton Drive; thence run Southerly
88	88	Page 3 1 along the centerline of Helton Drive to the intersection of
89	89	2 the centerline of Helton Drive and the centerline of Helton
90	90	3 Lane; thence run Easterly along the centerline of Helton Lane
91	91	4 to the intersection of the centerline of Helton Lane and the
92	92	5 centerline of Fairmont Drive; thence run Southerly to the
93	93	6 centerline of Boggy Branch; thence run Westerly following the
94	94	7 meanderings along the centerline and of Boggy Branch to the
95	95	8 intersection of the centerline of Boggy Branch and the
96	96	9 centerline of the Bon Secour River; thence run Southwesterly
97	97	10 following the meanderings of the centerline of Bon Secour
98	98	11 River to the eastern margin of Bon Secour Bay; thence run
99	99	12 Northwesterly following the meanderings of the eastern margin
100	100	13 of Bon Secour Bay to the intersection of the eastern margin of
101	101	14 Bon Secour Bay and the eastern of boundary of Section 33
102	102	15 Township 8 South Range 3 East; thence run Northerly to the
103	103	16 intersection of the eastern boundary of Section 28 Township 8
104	104	17 South Range 3 East and the intersection of the centerline of
105	105	18 County Road 49; thence run Northerly 18,170 feet more or less,
106	106	19 to the Point of Beginning.
107	107	20 (b) No property within the Bon Secour Landmark
108	108	21 District may be annexed into any municipality by local law.
109	109	22 (c) Subsection (b) shall not apply to any
110	110	23 municipality incorporated after the ratification of this
111	111	24 amendment which includes any part of the Bon Secour Landmark
112	112	25 District.
113	113	Page 4 1 (d) The Bon Secour Landmark District shall not be
114	114	2 considered a legal entity and shall not have any of the
115	115	3 following powers or authority:
116	116	4 (1) Standing to sue or be sued.
117	117	5 (2) Taxing authority.
118	118	6 (3) Zoning authority.
119	119	7 (4) Police power and public safety authority.
120	120	8 (5) Authority to adopt ordinances, rules, or
121	121	9 regulations within its boundaries.
122	122	10 (6) Any other authority or power commonly associated
123	123	11 with a legal entity.
124	124	12 Upon ratification of this constitutional amendment
125	125	13 and contingent upon the ratification of the Constitution of
126	126	14 Alabama of 2022, the Code Commissioner shall number and place
127	127	15 this amendment as appropriate in the constitution based upon a
128	128	16 logical sequence and the particular subject or topic of the
129	129	17 amendment. In this amendment, the Code Commissioner may change
130	130	18 capitalization, spelling, and punctuation for the purpose of
131	131	19 style and uniformity; correct manifest grammatical, clerical,
132	132	20 and typographical errors; and correct incorrect
133	133	21 cross-references. When publishing the Constitution of Alabama
134	134	22 of 2022, as amended, the Code Commissioner may omit this
135	135	23 instructional paragraph.
136	136	24 Section 2. An election upon the proposed amendment
137	137	25 shall be held at the general election in November 2022 in
138	138	26 accordance with Section 284.01 of the Constitution of Alabama
139	139	27 of 1901, now appearing as Section 284.01 of the Official
140	140	Page 5 1 Recompilation of the Constitution of Alabama of 1901, as
141	141	2 amended, and the election laws of this state.
142	142	3 Section 3. The appropriate election official shall
143	143	4 assign a ballot number for the proposed constitutional
144	144	5 amendment on the election ballot and shall set forth the
145	145	6 following description of the substance or subject matter of
146	146	7 the proposed constitutional amendment:
147	147	8 "Relating to Baldwin County, proposing an amendment
148	148	9 to the Constitution of Alabama of 1901, to define the Bon
149	149	10 Secour Landmark District within the county and to prohibit the
150	150	11 annexation by local law of any property within the district
151	151	12 into any municipality except under certain conditions.
152	152	13 "Proposed by Act _________."
153	153	14 This description shall be followed by the following
154	154	15 language:
155	155	16 "Yes ( ) No ( )."
156	156	Page 6