HB225INTRODUCED
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OZASWM-1
By Representative Holk-Jones (Constitutional Amendment)
RFD: Baldwin County Legislation
First Read: 04-Apr-23
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5 OZASWM-1 03/15/2023 THR (L)ma/lg 2023-936
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SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Baldwin
County to define the Bon Secour Landmark District
within the county and to prohibit the annexation by
local law of any property within the district into any
municipality except under certain conditions.
A BILL
TO BE ENTITLED
AN ACT
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Baldwin County,
to define the Bon Secour Landmark District within the county
and to prohibit the annexation by local law of any property
within the district into any municipality except under certain
conditions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed and shall become valid as a
part of the constitution when all requirements of this act are
fulfilled:
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PROPOSED AMENDMENT
(a) For the purposes of this amendment, the "Bon Secour
Landmark District" in Baldwin County is defined as follows:
Beginning at the intersection of the centerline of
County Road 12 S and the centerline County Road 49; thence run
Easterly along the centerline of County Road 12 S to the
intersection of the centerline of County Road 12 S and the
centerline of County Road 65; thence run Southerly along the
centerline of County Road 65 a distance of 3,192 feet, more or
less, to a point; thence run Easterly 30 feet, more or less,
to the projected west boundary line of parcel
05-61-04-39-0-000-001.000; thence run Easterly along the north
line of said parcel to the centerline of Bon Secour River;
thence run Southwesterly following the meanderings along the
centerline and of Bon Secour River approximately 2,500 feet,
more of less, to the intersection of Keller Road; thence run
Easterly along the centerline of Keller Rd to the intersection
of the centerline of Keller Road and the centerline of Helton
Drive; thence run Southerly along the centerline of Helton
Drive to the intersection of the centerline of Helton Drive
and the centerline of County Road 10; thence run Westerly
along the centerline of County Road 10 a distance of 170 feet,
more or less, to a point; thence run Southerly 40 feet, more
or less, to the projected northeast corner of parcel
05-61-04-19-0-000-042.002; thence run Southerly along a
boundary line of said parcel 90 feet, more or less, to a
corner of said parcel; thence run Easterly along a boundary
line of said parcel 9 feet, more or less, to a corner of said
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parcel; thence run Southerly along a boundary line of said
parcel 66 feet, more or less, to a corner of said parcel;
thence run Easterly along a boundary line of said parcel 42
feet, more or less to a corner of said parcel; thence run
along the eastern boundary of parcel 05-61-04-19-0-000-042.002
Southerly 44 feet, more or less, to the southeast corner of
said parcel; thence run Westerly along the north boundary line
of parcel 05-61-04-19-0-000-043.000 223 feet, more or less, to
the northwest corner of said parcel; thence run Southerly
along the west boundary lines of parcels
05-61-04-19-0-000-043.000 and 05-61-04-19-0-000-043.001 a
distance of 200 feet, more or less, to the southwest corner of
parcel 05-61-04-19-0-000-043.001; thence run Westerly along
the north boundary of parcel 05-61-04-19-0-000-045.000 a
distance of 322 feet, more or less, to the northwest corner of
said parcel; thence run Southerly along the west boundary
lines of parcels 05-61-04-19-0-000-045.000,
05-61-04-19-0-000-046.000, 05-61-04-19-0-000-047.001, and
05-61-04-19-0-000-048.000 a distance of 860 feet, more or
less, to the southwest corner of parcel
05-61-04-19-0-000-048.000; thence run Easterly along the
projected southern boundary of said parcel 668 feet, more of
less, to the centerline of Helton Drive; thence run Southerly
along the centerline of Helton Drive to the intersection of
the centerline of Helton Drive and the centerline of Helton
Lane; thence run Easterly along the centerline of Helton Lane
to the intersection of the centerline of Helton Lane and the
centerline of Fairmont Drive; thence run Southerly to the
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centerline of Boggy Branch; thence run Westerly following the
meanderings along the centerline and of Boggy Branch to the
intersection of the centerline of Boggy Branch and the
centerline of the Bon Secour River; thence run Southwesterly
following the meanderings of the centerline of Bon Secour
River to the eastern margin of Bon Secour Bay; thence run
Northwesterly following the meanderings of the eastern margin
of Bon Secour Bay to the intersection of the eastern margin of
Bon Secour Bay and the eastern of boundary of Section 33
Township 8 South Range 3 East; thence run Northerly to the
intersection of the eastern boundary of Section 28 Township 8
South Range 3 East and the intersection of the centerline of
County Road 49; thence run Northerly 18,170 feet more or less,
to the Point of Beginning.
(b) No property within the Bon Secour Landmark District
may be annexed into any municipality by local law.
(c) Subsection (b) shall not apply to any municipality
incorporated after the ratification of this amendment which
includes any part of the Bon Secour Landmark District.
(d) The Bon Secour Landmark District shall not be
considered a legal entity and shall not have any of the
following powers or authority:
(1) Standing to sue or be sued.
(2) Taxing authority.
(3) Zoning authority.
(4) Police power and public safety authority.
(5) Authority to adopt ordinances, rules, or
regulations within its boundaries.
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(6) Any other authority or power commonly associated
with a legal entity.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, spelling, and punctuation for purposes
of style and uniformity; correct manifest grammatical,
clerical, and typographical errors; and correct incorrect
cross-references.
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 284.01 of
the Constitution of Alabama of 2022, and the election laws of
this state.
Section 3. The appropriate election official shall
assign a ballot number for the proposed constitutional
amendment on the election ballot and shall set forth the
following description of the substance or subject matter of
the proposed constitutional amendment:
"Relating to Baldwin County, proposing an amendment to
the Constitution of Alabama of 2022, to define the Bon Secour
Landmark District within the county and to prohibit the
annexation by local law of any property within the district
into any municipality except under certain conditions.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes ( ) No( )."
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