Alabama 2023 Regular Session

Alabama House Bill HB239 Compare Versions

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

Old	New	Differences
1	1	HB239INTRODUCED
2	2	Page 0
3	3	BVTNJQ-1
4	4	By Representative Stringer (Constitutional Amendment)
5	5	RFD: Baldwin County Legislation
6	6	First Read: 04-Apr-23
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11	11	5 BVTNJQ-1 03/15/2023 THR (L)lg 2023-937
12	12	Page 1
13	13	SYNOPSIS:
14	14	This bill would propose an amendment to the
15	15	Constitution of Alabama of 2022, relating to Baldwin
16	16	County to define the White House Fork Landmark District
17	17	within the county and to prohibit the annexation by
18	18	local law of any property within the district into any
19	19	municipality except under certain conditions.
20	20	A BILL
21	21	TO BE ENTITLED
22	22	AN ACT
23	23	This bill would propose an amendment to the
24	24	Constitution of Alabama of 2022, relating to Baldwin County,
25	25	to define the White House Fork Landmark District within the
26	26	county and to prohibit the annexation by local law of any
27	27	property within the district into any municipality except
28	28	under certain conditions.
29	29	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30	30	Section 1. The following amendment to the Constitution
31	31	of Alabama of 2022, is proposed and shall become valid as a
32	32	part of the constitution when all requirements of this act are
33	33	fulfilled:
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61	61	28 HB239 INTRODUCEDHB239 INTRODUCED
62	62	Page 2
63	63	PROPOSED AMENDMENT
64	64	(a) For the purposes of this amendment, the "White
65	65	House Fork Landmark District" in Baldwin County is defined as
66	66	follows:
67	67	Commence at the Southwest Corner of Section 7, Township
68	68	3 South, Range 3 East for a POINT OF BEGINNING: Thence run
69	69	Northward along and with the West Boundary of said Section 7
70	70	and the East Boundary of the current City of Spanish Fort
71	71	Corporate Limits to the Northwest Corner of Baldwin County,
72	72	Alabama Tax Parcel Number 05-28-03-07-0-000-041.000; thence
73	73	run Westwardly along and with the North Boundary of said
74	74	Corporate Limits to the Northeast Corner of Baldwin County,
75	75	Alabama Tax Parcel Number 05-29-01-12-0-000-075.000; thence
76	76	run Southwardly along and with the West Boundary of the
77	77	current City of Spanish Fort Corporate Limits to the Southeast
78	78	Corner of Baldwin County, Alabama Tax Parcel Number
79	79	05-29-01-12-0-000-064.001; thence run Westwardly along and
80	80	with the North Boundary of said Corporate Limits to the
81	81	Northeast Corner of Baldwin County, Alabama Tax Parcel Number
82	82	05-29-06-13-0-000-002.000; thence run Southwardly along and
83	83	with the West Boundary of the current City of Spanish Fort
84	84	Corporate Limits to the Southeast Corner of said Tax Parcel;
85	85	thence run Westwardly along and with the North Boundary of
86	86	said Corporate Limits to the Southwest corner of said Tax
87	87	Parcel; thence run Northwardly along and with the East
88	88	Boundary of said Corporate Limits to the Northwest Corner of
89	89	said Tax Parcel; thence run Westwardly along with the North
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119	119	Boundary of the current City of Spanish Fort Corporate Limits
120	120	to the Southeast Corner of Baldwin County, Alabama Tax Parcel
121	121	Number 05-29-01-12-0-000-061.000; thence run Southwardly along
122	122	and with the West Boundary of the current City of Spanish Fort
123	123	Corporate Limits to the Southeast Corner of Baldwin County,
124	124	Alabama Tax Parcel Number 05-29-06-13-0-000-024.000; thence
125	125	run Westwardly along and with the North Boundary of the
126	126	current City of Spanish Fort Corporate Limits to the Southwest
127	127	Corner of Baldwin County, Alabama Tax Parcel Number
128	128	05-29-06-13-0-000-029.000; thence run Southwardly along and
129	129	with the West Boundary of the current City of Spanish Fort
130	130	Corporate Limits to the Southeast Corner of Baldwin County,
131	131	Alabama Tax Parcel Number 05-29-06-14-0-000-005.000 and the
132	132	Southeast Corner of Section 14, Township 3 South, Range 2
133	133	East; thence run Westwardly along and with the North Boundary
134	134	of the current City of Spanish Fort Corporate Limits to the
135	135	Southwest Corner said Tax Parcel; thence run Northwardly along
136	136	and with the East Boundary of said Corporate Limits to the
137	137	Northwest Corner of said Tax Parcel; thence run Westwardly
138	138	along and with the North Boundary of the current City of
139	139	Spanish Fort Corporate Limits to the Northwest Corner of
140	140	Baldwin County, Alabama Tax Parcel Number
141	141	05-29-06-14-0-000-004.000; thence run Southwardly along and
142	142	with the West Boundary of said Corporate Limits to the
143	143	Southwest Corner of said Tax Parcel; thence run Westwardly
144	144	along and with the North Boundary of the current City of
145	145	Spanish Fort Corporate Limits to the Southwest Corner of
146	146	Cypress Ridge Subdivision, Phase 1, as shown by map or plat
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176	176	thereof recorded on Slide File 2368-C, Probate Records,
177	177	Baldwin County, Alabama and the Southwest Corner of Section
178	178	14, Township 3 South, Range 2 East; thence run Southwardly
179	179	along and with the West Boundary of the current City of
180	180	Spanish Fort Corporate Limits to the Southeast Corner of
181	181	Baldwin County, Alabama Tax Parcel Number
182	182	05-29-05-22-0-000-002.007; thence run Westwardly along and
183	183	with the North Boundary of the current City of Spanish Fort
184	184	Corporate Limits to the Southeast Corner of Lot 10, Whitehouse
185	185	Creek Acres, as shown by map or plat thereof recorded on Slide
186	186	File 1262-B, Probate Records, Baldwin County, Alabama; thence
187	187	run Westwardly along and with the North Boundary of said
188	188	Corporate Limits to the Southwest Corner of Lot 9, of said
189	189	Whitehouse Creek Acres; thence run Northwardly along and with
190	190	the East Boundary of the current City of Spanish Fort
191	191	Corporate Limits to the Southern Margin of Whitehouse Fork
192	192	Road Ext. and the Northern Boundary of said Corporate Limits;
193	193	thence run Westwardly along and with the North Boundary of
194	194	said Corporate Limits and the South Margin of Whitehouse Fork
195	195	Road Ext. to the Northwest Corner of Lot 1, of said Whitehouse
196	196	Creek Acres; thence run Southwardly along and with the West
197	197	Boundary the current City of Spanish Fort Corporate Limits to
198	198	the Southeast Corner of Baldwin County, Alabama Tax Parcel
199	199	Number 05-29-05-22-0-000-008.000; thence run Westwardly along
200	200	and with North Boundary of said Corporate Limits to the
201	201	Southwest Corner of said Tax Parcel; thence run Northwardly
202	202	along and with the West Boundary of said Tax Parcel and
203	203	extension thereof to the North Margin Whitehouse Fork Road
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233	233	Ext.; thence run Northwestwardly along and with the North
234	234	Margin of said Road to the Southwest Corner of Baldwin County,
235	235	Alabama Tax Parcel Number 05-29-05-22-0-000-005.017; thence
236	236	run Northwardly along and with the West Boundary of said Tax
237	237	Parcel to the Northwest Corner of said Tax Parcel and the
238	238	Northwest Corner of Section 22, Township 3 South, Range 2
239	239	East; thence run Eastwardly to the Southwest Corner of
240	240	Baldwin, Alabama Tax Parcel Number 05-29-05-15-0-000-015.001
241	241	and the Southwest Corner of Section 15, Township 3 South,
242	242	Range 2 East; thence run Northwardly along and with the West
243	243	Boundary of said Tax Parcel to the Northwest Corner of Section
244	244	15, Township 3 South, Range 2 East; thence run Eastwardly
245	245	along the North Boundary of said Section 15 to the Southwest
246	246	Corner of Baldwin County, Alabama Tax Parcel Number
247	247	05-29-02-10-0-000-024.000; thence run Northeastwardly along
248	248	and with the West Boundary of said Tax Parcel to the Northwest
249	249	Corner of said Tax Parcel; thence run Eastwardly along and
250	250	with the North Boundary of said Tax Parcel to the Southwest
251	251	Corner of Baldwin County, Alabama Tax Parcel Number
252	252	05-29-02-10-0-000-002.000; thence run Northwardly along and
253	253	with the West Boundary of said Tax Parcel to the Northwest
254	254	Corner of said Tax Parcel; thence run Eastwardly along the
255	255	North Boundary of said Tax Parcel and extension thereof to the
256	256	Southeast Corner of Baldwin County, Alabama Tax Parcel Number
257	257	05-29-01-02-0-000-008.000; thence run Northwardly along and
258	258	with the East Boundary of said Tax Parcel to the Northwest
259	259	Corner of Baldwin County, Alabama Tax Parcel Number
260	260	05-29-01-02-0-000-014.002; thence run Eastwardly along and
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290	290	with the North Boundary of said Tax Parcel and extension
291	291	thereof to the Southeast Corner of Baldwin County, Alabama Tax
292	292	Parcel Number 05-29-01-02-0-000-013.000; thence run
293	293	Northwardly along and with the East Boundary of said Tax
294	294	Parcel and the extension thereof to the Southwest Corner of
295	295	Baldwin County, Alabama Tax Parcel Number
296	296	05-29-01-01-0-000-002.000; thence run Eastwardly along and
297	297	with the South Boundary of said Tax Parcel to the Southeast
298	298	Corner of said Tax Parcel; thence run Northwardly along and
299	299	with the East Boundary of said Tax Parcel and the extension
300	300	thereof to the lower Northwest Corner of Baldwin County,
301	301	Alabama Tax Parcel Number 05-22-08-36-0-000-029.000; thence
302	302	run Eastwardly and Northwardly along and with the Western
303	303	Boundary of said Tax Parcel to the upper Northwest Corner of
304	304	said Tax Parcel; thence run Eastwardly along and with the
305	305	North Boundary of said Tax Parcel to the Southeast Corner of
306	306	Baldwin County, Alabama Tax Parcel Number 05-22-08-36-0
307	307	-000-001.000; thence run Northwardly along and with the East
308	308	Boundary of said Tax Parcel and extension thereof to the
309	309	Northwest Corner of Baldwin County, Alabama Tax Parcel Number
310	310	05-23-09-30-0-000-034.000; thence run Eastwardly along and
311	311	with the North Boundary of said Tax Parcel to the Southeast
312	312	Corner of Baldwin County, Alabama Tax Parcel Number
313	313	05-23-09-30-0-000-015.000; thence run Northwardly along and
314	314	with the West Boundary of Baldwin County, Alabama Tax Parcel
315	315	Number 05-23-09-30-0-000-015.005 to the Northwest Corner of
316	316	said Tax Parcel; thence run Eastwardly along and with the
317	317	North Boundary of said Tax Parcel to the Southeast Corner of
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347	347	Baldwin County, Alabama Tax Parcel Number
348	348	05-23-09-30-0-000-015.002; thence run Northwardly along and
349	349	with the East Boundary of said Tax Parcel to the Northwest
350	350	Corner of Baldwin County, Alabama Tax Parcel Number
351	351	05-23-09-30-0-000-009.001; thence run Eastwardly along and
352	352	with the North Boundary of said Tax Parcel to the Southeast
353	353	Corner of Baldwin County, Alabama Tax Parcel Number
354	354	05-23-09-30-0-000-009.011; thence run Northwardly along and
355	355	with the East Boundary of said Tax Parcel to the Northwest
356	356	Corner of Baldwin County, Alabama Tax Parcel Number
357	357	05-23-09-30-0-000-009.000; thence run Westwardly along and
358	358	with the South Boundary of Baldwin County, Alabama Tax Parcel
359	359	Number 05-23-04-19-0-000-001.030 to the Southwest Corner of
360	360	said Tax Parcel; thence run Northwardly along and with the
361	361	West Boundary of said Tax Parcel to the Southern Margin of
362	362	Baldwin County Highway Number 138; thence run Eastwardly and
363	363	Northeastwardly along and with the Southern and Eastern
364	364	Margins of said County Highway to the Northeastern Margin of
365	365	Whitehouse Fork Road and the Northwestern Corner of Baldwin
366	366	County, Alabama Tax Parcel Number 05-23-04-20-0 -000-052.000;
367	367	thence run Southwardly along and with the West Boundary of
368	368	said Tax Parcel to the Northwest Corner of Baldwin County,
369	369	Alabama Tax Parcel Number 05-23-04-20-0-000-053.000; thence
370	370	run Eastwardly along and with the North Boundary of said Tax
371	371	Parcel to the Northwest Corner of Baldwin County, Alabama Tax
372	372	Parcel Number 05-23-04-20-0-000-051.016; thence run
373	373	Southwardly along and with the West Boundary of said Tax
374	374	Parcel to the Southeast Corner of Baldwin County Tax Parcel
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404	404	Number 05-23-04-20-0-000-055.000 and to the current City of
405	405	Bay Minette Corporate Limits; thence run Westwardly along and
406	406	with the South Boundary of said Tax Parcel and said Corporate
407	407	Limits to the Northwest Corner of Baldwin County, Alabama Tax
408	408	Parcel Number 05-23-04-20-0-000-051.022; thence run
409	409	Southwardly along and with the West Boundary of said Tax
410	410	Parcel and said Corporate Limits to the Northwest Corner of
411	411	Baldwin County, Alabama Tax Parcel Number
412	412	05-23-04-20-0-000-051.004; thence run Eastwardly, Southwardly,
413	413	and Eastwardly along and with the South Boundary of the
414	414	current City of Bay Minette Corporate Limits to the Northeast
415	415	Corner of Baldwin County, Alabama Tax Parcel Number
416	416	05-23-04-20 -0-000-051.019; thence run Southwardly and
417	417	Westwardly along and with the West Boundary of the current
418	418	City of Bay Minette Corporate Limits to the Northwest Corner
419	419	of Baldwin County, Alabama Tax Parcel Number
420	420	05-23-09-29-0-000-003.001; thence run Southwardly along and
421	421	with the said Corporate Limits to the Northwest Corner of
422	422	Baldwin County, Alabama Tax Parcel Number
423	423	05-23-09-29-0-000-002.001; thence run Southwardly along and
424	424	with the West Boundary of said Tax Parcel and extension
425	425	thereof to the Upper Northwest corner of Baldwin County,
426	426	Alabama Tax Parcel Number 05-23-09-32-0-000-005.001 and to the
427	427	current City of Spanish Fort Corporate Limits; thence run
428	428	Southwardly along and with the West Boundary of said Corporate
429	429	Limits to the Southeast Corner of Baldwin County, Alabama Tax
430	430	Parcel Number 05-23-09-32-0000-004.000; thence run Westwardly
431	431	along and with said Corporate Limits to the Lower Northwest
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461	461	Corner of Baldwin County, Alabama Tax Parcel Number
462	462	05-23-09-32-0-000-005.001; thence run Southwardly along and
463	463	with the West Boundary of the current City of Spanish Fort
464	464	Corporate Limits to the Northeast Corner of Baldwin County,
465	465	Alabama Tax Parcel Number 05-28-03-07-0-000-013.000; thence
466	466	run Westwardly along and with said Corporate Limits to the
467	467	Northwest Corner of said Tax Parcel; thence run Southwardly
468	468	along and with said Corporate Limits to the Southwest Corner
469	469	of said Tax Parcel; thence run Eastwardly along and with said
470	470	Corporate Limits to the Southeast Corner of said Tax Parcel;
471	471	thence run Southwardly along and with the West Boundary of the
472	472	current City of Spanish Fort Corporate Limits to the Northeast
473	473	Corner of Baldwin County, Alabama Tax Parcel Number
474	474	05-28-03-07-0-000-042.000; thence run Westwardly along and
475	475	with the North Boundary of said Corporate Limits to the
476	476	Northwest Corner of said Tax Parcel; thence run Southwardly
477	477	along and with the West Boundary of the current City of
478	478	Spanish Fort Corporate Limits to the Southeast Corner of
479	479	Baldwin County, Alabama Tax Parcel Number
480	480	05-28-03-07-0-000-041.000; thence run Westwardly along and
481	481	with the North Boundary of said Corporate Limits to the
482	482	Southwest Corner of Section 7, Township 3 South, Range 3 East
483	483	to the Point Of Beginning.
484	484	LESS AND EXCEPT therefrom any portion of the above
485	485	described property which lies within the Corporate Limits of
486	486	the City of Spanish Fort or the City of Bay Minette, Alabama.
487	487	(b) No property within the White House Fork Landmark
488	488	District may be annexed into any municipality by local law.
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518	518	(c) Subsection (b) shall not apply to any municipality
519	519	incorporated after the ratification of this amendment which
520	520	includes any part of the White House Fork Landmark District.
521	521	(d) The White House Fork Landmark District shall not be
522	522	considered a legal entity and shall not have any of the
523	523	following powers or authority:
524	524	(1) Standing to sue or be sued.
525	525	(2) Taxing authority.
526	526	(3) Zoning authority.
527	527	(4) Police power and public safety authority.
528	528	(5) Authority to adopt ordinances, rules, or
529	529	regulations within its boundaries.
530	530	(6) Any other authority or power commonly associated
531	531	with a legal entity.
532	532	Upon ratification of this constitutional amendment, the
533	533	Code Commissioner shall number and place this amendment as
534	534	appropriate in the constitution omitting this instructional
535	535	paragraph and may make the following nonsubstantive revisions:
536	536	change capitalization, spelling, and punctuation for purposes
537	537	of style and uniformity; correct manifest grammatical,
538	538	clerical, and typographical errors; and correct incorrect
539	539	cross-references.
540	540	Section 2. An election upon the proposed amendment
541	541	shall be held in accordance with Sections 284 and 284.01 of
542	542	the Constitution of Alabama of 2022, and the election laws of
543	543	this state.
544	544	Section 3. The appropriate election official shall
545	545	assign a ballot number for the proposed constitutional
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575	575	amendment on the election ballot and shall set forth the
576	576	following description of the substance or subject matter of
577	577	the proposed constitutional amendment:
578	578	"Relating to Baldwin County, proposing an amendment to
579	579	the Constitution of Alabama of 2022, to define the White House
580	580	Fork Landmark District within the county and to prohibit the
581	581	annexation by local law of any property within the district
582	582	into any municipality except under certain conditions.
583	583	Proposed by Act ____."
584	584	This description shall be followed by the following
585	585	language:
586	586	"Yes ( ) No( )."
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