Alabama 2022 Regular Session

Alabama House Bill HB180 Compare Versions

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

Old	New	Differences
1	1	1 HB180
2	2	2 215765-2
3	3	3 By Representative Shiver (Constitutional Amendment)
4	4	4 RFD: Baldwin County Legislation
5	5	5 First Read: 01-FEB-22
6	6
7	7	Page 0 1 215765-2:n:01/05/2022:LK/tgw LSA2021-2450R1
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13	13	7
14	14	8 SYNOPSIS: This bill would propose a local
15	15	9 constitutional amendment relating to Baldwin County
16	16	10 to define the Stapleton Landmark District within
17	17	11 the county and to prohibit the annexation by local
18	18	12 law of any property within the district into any
19	19	13 municipality except under certain conditions.
20	20	14
21	21	15 A BILL
22	22	16 TO BE ENTITLED
23	23	17 AN ACT
24	24	18
25	25	19 Proposing an amendment to the Constitution of
26	26	20 Alabama of 1901, relating to Baldwin County, to define the
27	27	21 Stapleton Landmark District within the county and to prohibit
28	28	22 the annexation by local law of any property within the
29	29	23 district into any municipality except under certain
30	30	24 conditions.
31	31	25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32	32	26 Section 1. The following amendment to the
33	33	27 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
38	38	5 "Stapleton Landmark District" in Baldwin County is defined as
39	39	6 follows:
40	40	7 Commence at the Southeast Corner of Section 4,
41	41	8 Township 4 South, Range 3 East for a POINT OF BEGINNING:
42	42	9 Thence run Westwardly along and with The South boundary of
43	43	10 said Section 4 and the North boundary of the current City of
44	44	11 Loxley Corporate Limits to the Southwest Corner of Section 4,
45	45	12 Township 4 South, Range 3 East and the Northwest Corner of
46	46	13 Section 9, Township 4 South, Range 3 East; thence run
47	47	14 Southwardly along and with the West Boundary of said Section 9
48	48	15 and the West Boundary of the current City of Loxley Corporate
49	49	16 Limits to the Southernmost Corner of Baldwin County, Alabama
50	50	17 Tax Parcel Number 05-33-03-05-0-000-003.004; thence run
51	51	18 Northwesterly along and with the Western Boundary of said Tax
52	52	19 Parcel to the South Boundary of Section 5, Township 4 South,
53	53	20 Range 3 East; thence run Westwardly along and with the South
54	54	21 Boundary of said Section 5 to the Western Margin of Alabama
55	55	22 State Highway Number 59 and the Eastern Boundary of the
56	56	23 current City of Loxley Corporate Limits; thence run
57	57	24 Northwestwardly along and with the Western Margin of said
58	58	25 Alabama State Highway Number 59 and to the Eastern Boundary of
59	59	26 said Corporate Limits to the North Boundary of the current
60	60	27 City of Loxley Corporate Limits and to the Southeast Corner of
61	61	Page 2 1 Baldwin County, Alabama Tax Parcel Number
62	62	2 05-33-03-05-0-000-003.003; thence run Westwardly along and
63	63	3 with said Corporate Limits to the Western Boundary of the
64	64	4 current City of Loxley Corporate Limits and to the Eastern
65	65	5 Margin of U. S. Highway Number 31 (A.K.A. Alabama State
66	66	6 Highway Number 3) and to the Southwest Corner of Baldwin
67	67	7 County, Alabama Tax Parcel Number 05- 33- 03-05-0-000-003.040;
68	68	8 thence run Southwestwardly along an with the Eastern Margin of
69	69	9 said Highway Number 31 and Highway Number 3 and the Western
70	70	10 Boundary of said Corporate Limits to the South Boundary of the
71	71	11 current City of Loxley Corporate Limits and the Southern
72	72	12 Boundary of Section 5, Township 4 South, Range 3 East and to
73	73	13 the Southwest Corner of Baldwin County, Alabama Tax Parcel
74	74	14 Number 05-33-03-05-0-000-003.000; thence run Westwardly to the
75	75	15 Southeast Corner of Bromley Acres, Third Addition, as shown by
76	76	16 map or plat thereof recorded on Slide File 1051-A, Probate
77	77	17 Records, Baldwin County, Alabama on the Western Margin of U.
78	78	18 S. Highway Number 3); thence run Southwestwardly along and
79	79	19 with the Eastern Margin of said Highway Number 31 and Highway
80	80	20 Number 3 to the Southeast Corner of Baldwin County, Alabama
81	81	21 Tax Parcel Number 05-33-03-07-0-000-001.005; thence run
82	82	22 Westwardly along and with the South Boundary of said Tax
83	83	23 Parcel to the Southeast Corner of Hunawell Ranch, as shown by
84	84	24 map or plat thereof recorded on Slide Field 2169-D, Probate
85	85	25 Records, Baldwin County, Alabama; thence run Westwardly along
86	86	26 and with the South Boundary of Hunawell Ranch to the Southwest
87	87	27 Corner of said Hunawell Ranch and the East Boundary of the
88	88	Page 3 1 current City of Spanish Fort Corporate Limits; thence run
89	89	2 Northwardly along and with said Corporate Limits East Boundary
90	90	3 and the West Boundaries of Sections 7 and 6, Township 4 South,
91	91	4 Range 3 East and the West Boundaries of Sections 31 and 30,
92	92	5 Township 3 South, Range 3 East to the Northwest Corner of
93	93	6 Section 30, Township 3 South, Range 3 East and the South
94	94	7 Boundary of the current City of Spanish Fort Corporate Limits;
95	95	8 thence run Eastwardly along and with said Corporate Limits
96	96	9 South Boundary to the East Boundary of the current City of
97	97	10 Spanish Fort Corporate Limits and the Southeast Corner of
98	98	11 Baldwin County, Alabama Tax Parcel Number
99	99	12 05-28-04-20-0-000-009.000; thence run Northwardly along and
100	100	13 with said Corporate Limits East Boundary to the South Boundary
101	101	14 of the current City of Spanish Fort Corporate Limits and the
102	102	15 Northwest Corner of Baldwin County, Alabama Tax Parcel Number
103	103	16 05-28-04-20-0-000-008.003; thence run Eastwardly along and
104	104	17 with said Corporate Limits South Boundary to the Southwest
105	105	18 Corner of Baldwin County, Alabama Tax Parcel Number
106	106	19 05-28-04-17-0-000-002.000; thence run Eastwardly along and
107	107	20 with the South Boundary od said Tax Parcel to the Southwest
108	108	21 Corner of Stone Ridge Subdivision as shown by map or plat
109	109	22 thereof recorded on Slide File 1965-A; thence continue
110	110	23 Eastwardly along the South Boundary of Stone Ridge Subdivision
111	111	24 to the Southeast Corner of said Subdivision and the Southwest
112	112	25 Corner of Baldwin County, Alabama Tax Parcel Number
113	113	26 05-28-04-17-0-000-005.000; thence continue Eastwardly along
114	114	27 and with the South Boundary of said Tax Parcel to the
115	115	Page 4 1 Northeast Corner of Section 20, Township 3 South, Range 3 East
116	116	2 and the Northwest Corner of Section 21, Township 3 South,
117	117	3 Range 3 East; thence continue Eastwardly along and with the
118	118	4 North Boundaries of Sections 21, 22, 23 and 24, Township 3
119	119	5 South, Range 3 East to the Northeast Corner of Section 24,
120	120	6 Township 3 South, Range 3 East; then run Southwardly along and
121	121	7 with the East Boundaries of Sections 24, 25, 36, Township 3
122	122	8 South, Range 3 East and Section 1, Township 4 South, Range 3
123	123	9 East to the Southeast Corner of Section 1, Township 4 South,
124	124	10 Range 3 East; thence run Westwardly along and with the South
125	125	11 Boundary of said Section 1 to the Southwest Corner of Section
126	126	12 1, Township 4 South, Range 3 East and the Southeast Corner of
127	127	13 Section 2, Township 4 South, Rang 3 East; thence run
128	128	14 Westwardly along and with the South Boundary of said Section 2
129	129	15 to the Northwestern Corner of Baldwin County, Alabama Tax
130	130	16 Parcel Number 05-33-01-11-0-000-001.000 and the Eastern
131	131	17 Boundary of the current City of Loxley Corporate Limits;
132	132	18 thence run Westwardly along and with the North Boundary of
133	133	19 said Corporate Limits to the Southwest Corner of Baldwin
134	134	20 County, Alabama Tax Parcel Number 05-33-01-02-0-000-014.000
135	135	21 and the East Boundary of the current City of Loxley Corporate
136	136	22 Limits; thence run Southwardly along and with the East
137	137	23 Boundary of said Corporate Limits to the North Boundary of the
138	138	24 Current City of Loxley Corporate Limits; thence run Westwardly
139	139	25 along and with the North Boundary of the Current City of
140	140	26 Loxley Corporate Limits to the East Boundary of said Corporate
141	141	27 Limits; thence run Northwardly along and with the East
142	142	Page 5 1 Boundary of said Corporate Limits to the Southwest Corner of
143	143	2 Baldwin County, Alabama Tax Parcel Number
144	144	3 05-33-01-02-0-000-006.002; thence run Northwardly along and
145	145	4 with the East Boundary of the current City of Loxley Corporate
146	146	5 Limits to the Northwest Corner of Baldwin County, Alabama Tax
147	147	6 Parcel Number 05-33-01-02-0-000-007.007 and the North Boundary
148	148	7 of the current City of Loxley Corporate Limits; thence run
149	149	8 Westwardly along and with the North Boundary of said Corporate
150	150	9 Limits to the Southwest Corner of Baldwin County, Alabama Tax
151	151	10 parcel Number 05-33-01-02-0-000-005.008 and the East Boundary
152	152	11 of the current City of Loxley Corporate Limits; thence run
153	153	12 Northwardly along and with the East Boundary of said Corporate
154	154	13 Limits to the Northwest Corner of Baldwin County, Alabama Tax
155	155	14 Parcel Number 05-33-01-02-0-000-004.000 and the North Boundary
156	156	15 of the current City of Loxley Corporate Limits; thence run
157	157	16 Westwardly along and with the North Boundary of said Corporate
158	158	17 Limits to the Southwest Corner of Baldwin County, Alabama Tax
159	159	18 Parcel Number 05-28-08-34-0-000-026.000 and the East Boundary
160	160	19 of the current City of Loxley Corporate Limits; thence run
161	161	20 Northwardly along and with the East Boundary of said Corporate
162	162	21 Limits to the Southwest Corner of Baldwin County, Alabama Tax
163	163	22 Parcel Number 05-28-08-34-0-000-004.003 and the North Boundary
164	164	23 of the current City of Loxley Corporate Limits; thence run
165	165	24 Westwardly along and with the North Boundary of said Corporate
166	166	25 Limits to the Southwest Corner of Baldwin County, Alabama Tax
167	167	26 Parcel Number 05-28-08-34-0-000-023.000 and the West Boundary
168	168	27 of the current City of Loxley Corporate Limits; thence run
169	169	Page 6 1 Southwardly along and with the West Boundary of said Corporate
170	170	2 Limits to the North Boundary of the current City of Loxley
171	171	3 Corporate Limits and the Southeast Corner of Section 4,
172	172	4 Township 4 South, Range 3 East to the Point of Beginning.
173	173	5 LESS AND EXCEPT therefrom any portion of the above
174	174	6 described property which lies within the Corporate Limits of
175	175	7 the City of Loxley, the City of Spanish Fort or the City of
176	176	8 Bay Minette, Alabama.
177	177	9 (b) No property within the Stapleton Landmark
178	178	10 District may be annexed into any municipality by local law.
179	179	11 (c) Subsection (b) shall not apply to any
180	180	12 municipality incorporated after the ratification of this
181	181	13 amendment which includes any part of the Stapleton Landmark
182	182	14 District.
183	183	15 (d) The Stapleton Landmark District shall not be
184	184	16 considered a legal entity and shall not have any of the
185	185	17 following powers or authority:
186	186	18 (1) Standing to sue or be sued.
187	187	19 (2) Taxing authority.
188	188	20 (3) Zoning authority.
189	189	21 (4) Police power and public safety authority.
190	190	22 (5) Authority to adopt ordinances, rules, or
191	191	23 regulations within its boundaries.
192	192	24 (6) Any other authority or power commonly associated
193	193	25 with a legal entity.
194	194	26 Upon ratification of this constitutional amendment
195	195	27 and contingent upon the ratification of the Constitution of
196	196	Page 7 1 Alabama of 2022, the Code Commissioner shall number and place
197	197	2 this amendment as appropriate in the constitution based upon a
198	198	3 logical sequence and the particular subject or topic of the
199	199	4 amendment. In this amendment, the Code Commissioner may change
200	200	5 capitalization, spelling, and punctuation for the purpose of
201	201	6 style and uniformity; correct manifest grammatical, clerical,
202	202	7 and typographical errors; and correct incorrect
203	203	8 cross-references. The Code Commissioner, during publication,
204	204	9 may also omit this instructional paragraph.
205	205	10 Section 2. An election upon the proposed amendment
206	206	11 shall be held at the general election in November 2022 in
207	207	12 accordance with Section 284.01 of the Constitution of Alabama
208	208	13 of 1901, now appearing as Section 284.01 of the Official
209	209	14 Recompilation of the Constitution of Alabama of 1901, as
210	210	15 amended, and the election laws of this state.
211	211	16 Section 3. The appropriate election official shall
212	212	17 assign a ballot number for the proposed constitutional
213	213	18 amendment on the election ballot and shall set forth the
214	214	19 following description of the substance or subject matter of
215	215	20 the proposed constitutional amendment:
216	216	21 "Relating to Baldwin County, proposing an amendment
217	217	22 to the Constitution of Alabama of 1901, to define the
218	218	23 Stapleton Landmark District within the county and to prohibit
219	219	24 the annexation by local law of any property within the
220	220	25 district into any municipality except under certain
221	221	26 conditions.
222	222	27 "Proposed by Act _________."
223	223	Page 8 1 This description shall be followed by the following
224	224	2 language:
225	225	3 "Yes ( ) No ( )."
226	226	Page 9