HB268INTRODUCED
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HB268
YCAB2N2-1
By Representative Stringer (Constitutional Amendment)
RFD: Baldwin County Legislation
First Read: 29-Feb-24
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5 YCAB2N2-1 02/09/2024 THR (L)THR 2024-587
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First Read: 29-Feb-24
SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Baldwin
County to define the White House Fork 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
To propose an amendment to the Constitution of Alabama
of 2022, relating to Baldwin County, to define the White House
Fork 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:
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of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) For the purposes of this amendment, the "White
House Fork Landmark District" in Baldwin County is defined as
follows:
Commence at the Southwest Corner of Section 7, Township 3
South, Range 3 East for a POINT OF BEGINNING: Thence run
Northward along and with the West Boundary of said Section 7
and the East Boundary of the current City of Spanish Fort
Corporate Limits to the Northwest Corner of Baldwin County,
Alabama Tax Parcel Number 05-28-03-07-0-000-041.000; thence
run Westwardly along and with the North Boundary of said
Corporate Limits to the Northeast Corner of Baldwin County,
Alabama Tax Parcel Number 05-29-01-12-0-000-075.000; thence
run Southwardly along and with the West Boundary of the
current City of Spanish Fort Corporate Limits to the Southeast
Corner of Baldwin County, Alabama Tax Parcel Number
05-29-01-12-0-000-064.001; thence run Westwardly along and
with the North Boundary of said Corporate Limits to the
Northeast Corner of Baldwin County, Alabama Tax Parcel Number
05-29-06-13-0-000-002.000; thence run Southwardly along and
with the West Boundary of the current City of Spanish Fort
Corporate Limits to the Southeast Corner of said Tax Parcel;
thence run Westwardly along and with the North Boundary of
said Corporate Limits to the Southwest corner of said Tax
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said Corporate Limits to the Southwest corner of said Tax
Parcel; thence run Northwardly along and with the East
Boundary of said Corporate Limits to the Northwest Corner of
said Tax Parcel; thence run Westwardly along with the North
Boundary of the current City of Spanish Fort Corporate Limits
to the Southeast Corner of Baldwin County, Alabama Tax Parcel
Number 05-29-01-12-0-000-061.000; thence run Southwardly along
and with the West Boundary of the current City of Spanish Fort
Corporate Limits to the Southeast Corner of Baldwin County,
Alabama Tax Parcel Number 05-29-06-13-0-000-024.000; thence
run Westwardly along and with the North Boundary of the
current City of Spanish Fort Corporate Limits to the Southwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-29-06-13-0-000-029.000; thence run Southwardly along and
with the West Boundary of the current City of Spanish Fort
Corporate Limits to the Southeast Corner of Baldwin County,
Alabama Tax Parcel Number 05-29-06-14-0-000-005.000 and the
Southeast Corner of Section 14, Township 3 South, Range 2
East; thence run Westwardly along and with the North Boundary
of the current City of Spanish Fort Corporate Limits to the
Southwest Corner said Tax Parcel; thence run Northwardly along
and with the East Boundary of said Corporate Limits to the
Northwest Corner of said Tax Parcel; thence run Westwardly
along and with the North Boundary of the current City of
Spanish Fort Corporate Limits to the Northwest Corner of
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Spanish Fort Corporate Limits to the Northwest Corner of
Baldwin County, Alabama Tax Parcel Number
05-29-06-14-0-000-004.000; thence run Southwardly along and
with the West Boundary of said Corporate Limits to the
Southwest Corner of said Tax Parcel; thence run Westwardly
along and with the North Boundary of the current City of
Spanish Fort Corporate Limits to the Southwest Corner of
Cypress Ridge Subdivision, Phase 1, as shown by map or plat
thereof recorded on Slide File 2368-C, Probate Records,
Baldwin County, Alabama and the Southwest Corner of Section
14, Township 3 South, Range 2 East; thence run Southwardly
along and with the West Boundary of the current City of
Spanish Fort Corporate Limits to the Southeast Corner of
Baldwin County, Alabama Tax Parcel Number
05-29-05-22-0-000-002.007; thence run Westwardly along and
with the North Boundary of the current City of Spanish Fort
Corporate Limits to the Southeast Corner of Lot 10, Whitehouse
Creek Acres, as shown by map or plat thereof recorded on Slide
File 1262-B, Probate Records, Baldwin County, Alabama; thence
run Westwardly along and with the North Boundary of said
Corporate Limits to the Southwest Corner of Lot 9, of said
Whitehouse Creek Acres; thence run Northwardly along and with
the East Boundary of the current City of Spanish Fort
Corporate Limits to the Southern Margin of Whitehouse Fork
Road Ext. and the Northern Boundary of said Corporate Limits;
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Road Ext. and the Northern Boundary of said Corporate Limits;
thence run Westwardly along and with the North Boundary of
said Corporate Limits and the South Margin of Whitehouse Fork
Road Ext. to the Northwest Corner of Lot 1, of said Whitehouse
Creek Acres; thence run Southwardly along and with the West
Boundary the current City of Spanish Fort Corporate Limits to
the Southeast Corner of Baldwin County, Alabama Tax Parcel
Number 05-29-05-22-0-000-008.000; thence run Westwardly along
and with North Boundary of said Corporate Limits to the
Southwest Corner of said Tax Parcel; thence run Northwardly
along and with the West Boundary of said Tax Parcel and
extension thereof to the North Margin Whitehouse Fork Road
Ext.; thence run Northwestwardly along and with the North
Margin of said Road to the Southwest Corner of Baldwin County,
Alabama Tax Parcel Number 05-29-05-22-0-000-005.017; thence
run Northwardly along and with the West Boundary of said Tax
Parcel to the Northwest Corner of said Tax Parcel and the
Northwest Corner of Section 22, Township 3 South, Range 2
East; thence run Eastwardly to the Southwest Corner of
Baldwin, Alabama Tax Parcel Number 05-29-05-15-0-000-015.001
and the Southwest Corner of Section 15, Township 3 South,
Range 2 East; thence run Northwardly along and with the West
Boundary of said Tax Parcel to the Northwest Corner of Section
15, Township 3 South, Range 2 East; thence run Eastwardly
along the North Boundary of said Section 15 to the Southwest
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along the North Boundary of said Section 15 to the Southwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-29-02-10-0-000-024.000; thence run Northeastwardly along
and with the West Boundary of said Tax Parcel to the Northwest
Corner of said Tax Parcel; thence run Eastwardly along and
with the North Boundary of said Tax Parcel to the Southwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-29-02-10-0-000-002.000; thence run Northwardly along and
with the West Boundary of said Tax Parcel to the Northwest
Corner of said Tax Parcel; thence run Eastwardly along the
North Boundary of said Tax Parcel and extension thereof to the
Southeast Corner of Baldwin County, Alabama Tax Parcel Number
05-29-01-02-0-000-008.000; thence run Northwardly along and
with the East Boundary of said Tax Parcel to the Northwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-29-01-02-0-000-014.002; thence run Eastwardly along and
with the North Boundary of said Tax Parcel and extension
thereof to the Southeast Corner of Baldwin County, Alabama Tax
Parcel Number 05-29-01-02-0-000-013.000; thence run
Northwardly along and with the East Boundary of said Tax
Parcel and the extension thereof to the Southwest Corner of
Baldwin County, Alabama Tax Parcel Number
05-29-01-01-0-000-002.000; thence run Eastwardly along and
with the South Boundary of said Tax Parcel to the Southeast
Corner of said Tax Parcel; thence run Northwardly along and
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Corner of said Tax Parcel; thence run Northwardly along and
with the East Boundary of said Tax Parcel and the extension
thereof to the lower Northwest Corner of Baldwin County,
Alabama Tax Parcel Number 05-22-08-36-0-000-029.000; thence
run Eastwardly and Northwardly along and with the Western
Boundary of said Tax Parcel to the upper Northwest Corner of
said Tax Parcel; thence run Eastwardly along and with the
North Boundary of said Tax Parcel to the Southeast Corner of
Baldwin County, Alabama Tax Parcel Number 05-22-08-36-0
-000-001.000; thence run Northwardly along and with the East
Boundary of said Tax Parcel and extension thereof to the
Northwest Corner of Baldwin County, Alabama Tax Parcel Number
05-23-09-30-0-000-034.000; thence run Eastwardly along and
with the North Boundary of said Tax Parcel to the Southeast
Corner of Baldwin County, Alabama Tax Parcel Number
05-23-09-30-0-000-015.000; thence run Northwardly along and
with the West Boundary of Baldwin County, Alabama Tax Parcel
Number 05-23-09-30-0-000-015.005 to the Northwest Corner of
said Tax Parcel; thence run Eastwardly along and with the
North Boundary of said Tax Parcel to the Southeast Corner of
Baldwin County, Alabama Tax Parcel Number
05-23-09-30-0-000-015.002; thence run Northwardly along and
with the East Boundary of said Tax Parcel to the Northwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-23-09-30-0-000-009.001; thence run Eastwardly along and
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05-23-09-30-0-000-009.001; thence run Eastwardly along and
with the North Boundary of said Tax Parcel to the Southeast
Corner of Baldwin County, Alabama Tax Parcel Number
05-23-09-30-0-000-009.011; thence run Northwardly along and
with the East Boundary of said Tax Parcel to the Northwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-23-09-30-0-000-009.000; thence run Westwardly along and
with the South Boundary of Baldwin County, Alabama Tax Parcel
Number 05-23-04-19-0-000-001.030 to the Southwest Corner of
said Tax Parcel; thence run Northwardly along and with the
West Boundary of said Tax Parcel to the Southern Margin of
Baldwin County Highway Number 138; thence run Eastwardly and
Northeastwardly along and with the Southern and Eastern
Margins of said County Highway to the Northeastern Margin of
Whitehouse Fork Road and the Northwestern Corner of Baldwin
County, Alabama Tax Parcel Number 05-23-04-20-0 -000-052.000;
thence run Southwardly along and with the West Boundary of
said Tax Parcel to the Northwest Corner of Baldwin County,
Alabama Tax Parcel Number 05-23-04-20-0-000-053.000; thence
run Eastwardly along and with the North Boundary of said Tax
Parcel to the Northwest Corner of Baldwin County, Alabama Tax
Parcel Number 05-23-04-20-0-000-051.016; thence run
Southwardly along and with the West Boundary of said Tax
Parcel to the Southeast Corner of Baldwin County Tax Parcel
Number 05-23-04-20-0-000-055.000 and to the current City of
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Number 05-23-04-20-0-000-055.000 and to the current City of
Bay Minette Corporate Limits; thence run Westwardly along and
with the South Boundary of said Tax Parcel and said Corporate
Limits to the Northwest Corner of Baldwin County, Alabama Tax
Parcel Number 05-23-04-20-0-000-051.022; thence run
Southwardly along and with the West Boundary of said Tax
Parcel and said Corporate Limits to the Northwest Corner of
Baldwin County, Alabama Tax Parcel Number
05-23-04-20-0-000-051.004; thence run Eastwardly, Southwardly,
and Eastwardly along and with the South Boundary of the
current City of Bay Minette Corporate Limits to the Northeast
Corner of Baldwin County, Alabama Tax Parcel Number
05-23-04-20 -0-000-051.019; thence run Southwardly and
Westwardly along and with the West Boundary of the current
City of Bay Minette Corporate Limits to the Northwest Corner
of Baldwin County, Alabama Tax Parcel Number
05-23-09-29-0-000-003.001; thence run Southwardly along and
with the said Corporate Limits to the Northwest Corner of
Baldwin County, Alabama Tax Parcel Number
05-23-09-29-0-000-002.001; thence run Southwardly along and
with the West Boundary of said Tax Parcel and extension
thereof to the Upper Northwest corner of Baldwin County,
Alabama Tax Parcel Number 05-23-09-32-0-000-005.001 and to the
current City of Spanish Fort Corporate Limits; thence run
Southwardly along and with the West Boundary of said Corporate
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Southwardly along and with the West Boundary of said Corporate
Limits to the Southeast Corner of Baldwin County, Alabama Tax
Parcel Number 05-23-09-32-0000-004.000; thence run Westwardly
along and with said Corporate Limits to the Lower Northwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-23-09-32-0-000-005.001; thence run Southwardly along and
with the West Boundary of the current City of Spanish Fort
Corporate Limits to the Northeast Corner of Baldwin County,
Alabama Tax Parcel Number 05-28-03-07-0-000-013.000; thence
run Westwardly along and with said Corporate Limits to the
Northwest Corner of said Tax Parcel; thence run Southwardly
along and with said Corporate Limits to the Southwest Corner
of said Tax Parcel; thence run Eastwardly along and with said
Corporate Limits to the Southeast Corner of said Tax Parcel;
thence run Southwardly along and with the West Boundary of the
current City of Spanish Fort Corporate Limits to the Northeast
Corner of Baldwin County, Alabama Tax Parcel Number
05-28-03-07-0-000-042.000; thence run Westwardly along and
with the North Boundary of said Corporate Limits to the
Northwest Corner of said Tax Parcel; thence run Southwardly
along and with the West Boundary of the current City of
Spanish Fort Corporate Limits to the Southeast Corner of
Baldwin County, Alabama Tax Parcel Number
05-28-03-07-0-000-041.000; thence run Westwardly along and
with the North Boundary of said Corporate Limits to the
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with the North Boundary of said Corporate Limits to the
Southwest Corner of Section 7, Township 3 South, Range 3 East
to the Point Of Beginning. LESS AND EXCEPT therefrom any
portion of the above described property which lies within the
Corporate Limits of the City of Spanish Fort or the City of
Bay Minette, Alabama.
(b) No property within the White House Fork 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 White House Fork Landmark District.
(d) The White House Fork 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.
(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
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appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; and
translate effective dates.
END PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state. 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 White House
Fork 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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"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
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