HB306INTRODUCED
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HB306
3Q56VZZ-1
By Representative Givens (Constitutional Amendment)
RFD: Baldwin County Legislation
First Read: 07-Mar-24
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5 3Q56VZZ-1 03/04/2024 THR (L)THR 2024-1006
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First Read: 07-Mar-24
SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Baldwin
County, to define the Stapleton 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 Stapleton
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:
PROPOSED AMENDMENT
(a) For the purposes of this amendment, the "Stapleton
Landmark District" in Baldwin County is defined as follows:
Commence at the Southeast Corner of Section 4, Township
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Commence at the Southeast Corner of Section 4, Township
4 South, Range 3 East for a POINT OF BEGINNING: Thence run
Westwardly along and with The South boundary of said Section 4
and the North boundary of the current City of Loxley Corporate
Limits to the Southwest Corner of Section 4, Township 4 South,
Range 3 East and the Northwest Corner of Section 9, Township 4
South, Range 3 East; thence run Southwardly along and with the
West Boundary of said Section 9 and the West Boundary of the
current City of Loxley Corporate Limits to the Southernmost
Corner of Baldwin County, Alabama Tax Parcel Number
05-33-03-05-0-000-003.004; thence run Northwesterly along and
with the Western Boundary of said Tax Parcel to the South
Boundary of Section 5, Township 4 South, Range 3 East; thence
run Westwardly along and with the South Boundary of said
Section 5 to the Western Margin of Alabama State Highway
Number 59 and the Eastern Boundary of the current City of
Loxley Corporate Limits; thence run Northwestwardly along and
with the Western Margin of said Alabama State Highway Number
59 and to the Eastern Boundary of said Corporate Limits to the
North Boundary of the current City of Loxley Corporate Limits
and to the Southeast Corner of Baldwin County, Alabama Tax
Parcel Number 05-33-03-05-0-000-003.003; thence run Westwardly
along and with said Corporate Limits to the Western Boundary
of the current City of Loxley Corporate Limits and to the
Eastern Margin of U.S. Highway Number 31 (A.K.A. Alabama State
Highway Number 3) and to the Southwest Corner of Baldwin
County, Alabama Tax Parcel Number 05-33-03-05-0-000-003.040;
thence run Southwestwardly along an with the Eastern Margin of
said Highway Number 31 and Highway Number 3 and the Western
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said Highway Number 31 and Highway Number 3 and the Western
Boundary of said Corporate Limits to the South Boundary of the
current City of Loxley Corporate Limits and the Southern
Boundary of Section 5, Township 4 South, Range 3 East and to
the Southwest Corner of Baldwin County, Alabama Tax Parcel
Number 05-33-03-05-0-000-003.000; thence run Westwardly to the
Southeast Corner of Bromley Acres, Third Addition, as shown by
map or plat thereof recorded on Slide File 1051-A, Probate
Records, Baldwin County, Alabama on the Western Margin of U.S.
Highway Number 3); thence run Southwestwardly along and with
the Eastern Margin of said Highway Number 31 and Highway
Number 3 to the Southeast Corner of Baldwin County, Alabama
Tax Parcel Number 05-33-03-07-0-000-001.005; thence run
Westwardly along and with the South Boundary of said Tax
Parcel to the Southeast Corner of Hunawell Ranch, as shown by
map or plat thereof recorded on Slide Field 2169-D, Probate
Records, Baldwin County, Alabama; thence run Westwardly along
and with the South Boundary of Hunawell Ranch to the Southwest
Corner of said Hunawell Ranch and the East Boundary of the
current City of Spanish Fort Corporate Limits; thence run
Northwardly along and with said Corporate Limits East Boundary
and the West Boundaries of Sections 7 and 6, Township 4 South,
Range 3 East and the West Boundaries of Sections 31 and 30,
Township 3 South, Range 3 East to the Northwest Corner of
Section 30, Township 3 South, Range 3 East and the South
Boundary of the current City of Spanish Fort Corporate Limits;
thence run Eastwardly along and with said Corporate Limits
South Boundary to the East Boundary of the current City of
Spanish Fort Corporate Limits and the Southeast Corner of
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Spanish Fort Corporate Limits and the Southeast Corner of
Baldwin County, Alabama Tax Parcel Number
05-28-04-20-0-000-009.000; thence run Northwardly along and
with said Corporate Limits East Boundary to the South Boundary
of the current City of Spanish Fort Corporate Limits and the
Northwest Corner of Baldwin County, Alabama Tax Parcel Number
05-28-04-20-0-000-008.003; thence run Eastwardly along and
with said Corporate Limits South Boundary to the Southwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-28-04-17-0-000-002.000; thence run Eastwardly along and
with the South Boundary od said Tax Parcel to the Southwest
Corner of Stone Ridge Subdivision as shown by map or plat
thereof recorded on Slide File 1965-A; thence continue
Eastwardly along the South Boundary of Stone Ridge Subdivision
to the Southeast Corner of said Subdivision and the Southwest
Corner of Baldwin County, Alabama Tax Parcel Number
05-28-04-17-0-000-005.000; thence continue Eastwardly along
and with the South Boundary of said Tax Parcel to the
Northeast Corner of Section 20, Township 3 South, Range 3 East
and the Northwest Corner of Section 21, Township 3 South,
Range 3 East; thence continue Eastwardly along and with the
North Boundaries of Sections 21, 22, 23 and 24, Township 3
South, Range 3 East to the Northeast Corner of Section 24,
Township 3 South, Range 3 East; then run Southwardly along and
with the East Boundaries of Sections 24, 25, 36, Township 3
South, Range 3 East and Section 1, Township 4 South, Range 3
East to the Southeast Corner of Section 1, Township 4 South,
Range 3 East; thence run Westwardly along and with the South
Boundary of said Section 1 to the Southwest Corner of Section
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Boundary of said Section 1 to the Southwest Corner of Section
1, Township 4 South, Range 3 East and the Southeast Corner of
Section 2, Township 4 South, Rang 3 East; thence run
Westwardly along and with the South Boundary of said Section 2
to the Northwestern Corner of Baldwin County, Alabama Tax
Parcel Number 05-33-01-11-0-000-001.000 and the Eastern
Boundary of the current City of Loxley Corporate Limits;
thence run Westwardly along and with the North Boundary of
said Corporate Limits to the Southwest Corner of Baldwin
County, Alabama Tax Parcel Number 05-33-01-02-0-000-014.000
and the East Boundary of the current City of Loxley Corporate
Limits; thence run Southwardly along and with the East
Boundary of said Corporate Limits to the North Boundary of the
Current City of Loxley Corporate Limits; thence run Westwardly
along and with the North Boundary of the Current City of
Loxley Corporate Limits to the East Boundary of said Corporate
Limits; thence run Northwardly along and with the East
Boundary of said Corporate Limits to the Southwest Corner of
Baldwin County, Alabama Tax Parcel Number
05-33-01-02-0-000-006.002; thence run Northwardly along and
with the East Boundary of the current City of Loxley Corporate
Limits to the Northwest Corner of Baldwin County, Alabama Tax
Parcel Number 05-33-01-02-0-000-007.007 and the North Boundary
of the current City of Loxley Corporate Limits; thence run
Westwardly along and with the North Boundary of said Corporate
Limits to the Southwest Corner of Baldwin County, Alabama Tax
parcel Number 05-33-01-02-0-000-005.008 and the East Boundary
of the current City of Loxley Corporate Limits; thence run
Northwardly along and with the East Boundary of said Corporate
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Northwardly along and with the East Boundary of said Corporate
Limits to the Northwest Corner of Baldwin County, Alabama Tax
Parcel Number 05-33-01-02-0-000-004.000 and the North Boundary
of the current City of Loxley Corporate Limits; thence run
Westwardly along and with the North Boundary of said Corporate
Limits to the Southwest Corner of Baldwin County, Alabama Tax
Parcel Number 05-28-08-34-0-000-026.000 and the East Boundary
of the current City of Loxley Corporate Limits; thence run
Northwardly along and with the East Boundary of said Corporate
Limits to the Southwest Corner of Baldwin County, Alabama Tax
Parcel Number 05-28-08-34-0-000-004.003 and the North Boundary
of the current City of Loxley Corporate Limits; thence run
Westwardly along and with the North Boundary of said Corporate
Limits to the Southwest Corner of Baldwin County, Alabama Tax
Parcel Number 05-28-08-34-0-000-023.000 and the West Boundary
of the current City of Loxley Corporate Limits; thence run
Southwardly along and with the West Boundary of said Corporate
Limits to the North Boundary of the current City of Loxley
Corporate Limits and the Southeast Corner of Section 4,
Township 4 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 Loxley, the City of Spanish Fort, or the City of
Bay Minette, Alabama.
(b) No property within the Stapleton 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 Stapleton Landmark District.
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includes any part of the Stapleton Landmark District.
(d) The Stapleton Landmark District shall not be
considered a legal entity and shall not have any of the
following powers of 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
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; harmonize
language; 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
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description of the substance or subject matter of the proposed
constitutional amendment:
"Relating to Baldwin County, to propose an amendment to
the Constitution of Alabama of 2022, to define the Stapleton
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( )."
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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