HB475 Alabama 2020 Session

This bill would propose a local constitutional amendment relating to Baldwin County to define the Josephine Landmark District with certain exceptions and to prohibit the annexation by local law of any property within the district into any municipality except under certain conditions. The proposed amendment would further specify that any landmark district created in Baldwin County would not be considered a legal entity

To propose an amendment to the Constitution of Alabama of 1901, relating to Baldwin County, to define the Josephine Landmark District with certain exceptions and to prohibit the annexation by local law of any property within the district into any municipality except under certain conditions and to further specify that any landmark district in Baldwin County would not be considered a legal entity.

Section 1

The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled: PROPOSED AMENDMENT PART I. (a) For the purposes of this amendment, the

Josephine Landmark District" in Baldwin County is defined as follows: The northeast boundary is defined as the area east of County Road CR95 and south of Leiterman Road. The eastern boundary is defined as the west side of Palmetto Creek to Perdido Bay. The southeast boundary is from the mouth of Palmetto Creek, southward on the western shore of Perdido Bay to Ross Point. The southern boundary is the northern shore of the Intracoastal Waterway, made up of Arnica Bay and Bay La Launch to Sapling Point. The southwestern boundary is from Sapling Point along the eastern shore of Wolf Bay and Hammock Bay and the area on the east side of Hammock Creek to County Road CR20. The northwest boundary is from the intersection of Hammock Creek and County Road CR20 northward along the east side of Hammock Creek to its east-west alignment with Totsch Lane to its intersection with County Road CR95 thence south to Leiterman Road. Less and except from the above described property any property recognized as in the corporate limits of the City of Orange Beach, any parcels contiguous by ownership to and/or adjoining Ingram Bayou and its outlet to Perdido Bay, and any parcels contiguous to and/or adjoining Sapling Point, Hatchet Point, or Stone Quarry Bayou, and less and except any of the following parcels designated by the following tax parcel identification numbers (PIN numbers) in the Office of the Revenue Commissioner of Baldwin County: PIN numbers 243096, 23420, 29685, 6495, 170193, 7819, 252146, 4382, 62645, 3933, 71555, 31512, 71556, 68510, 68787, 68516, 68521, 68043, 43787, 71557, 68788, 68789, 68790, 68791, 25604, 68968, 68783, 40060, 33684, 35747, 71558, 13332, 71559, 68041, 69235, 68784, 68785, 109027, 55503, 55127, 54421, 104623, 106940, 235371, 68786, 71560, 347875, 71561, 102271, 22856, 68522, 78791, 78745, 78746, 83093, 82884, 78036, 8409, 19296, 45475, 1608, 65650, 62859, 66371, 43789, 23446, 82959, 22853, 68523, 71503, 82894, 71563, 31498, 33433, 49992, 83131, 83092, 68526, 31513, 62666, 109160, 68527, 18508, 102286, 44053, 102287, 68044, 31511, 102288, 47154, 98931, 12567, 12596, 64241, 60007, 34135, 120943, 200372, 51852, 43178, 4239, 7590, 32892, 68779, 22855, 31497, 83316, 42105, 309800, 307118, 62860, 64434, 64435, 64436, 75553, 20632, 31514, 65816, 320743, 68524, 68525, 320740, 47157, 72595, 73312, 244676, 51871, 55382, 5857, 36033, 72046, 72047, 72048, 74173, 229686, 229687, 229688, 229689, 229690. (b) No property within the Josephine 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 Josephine Landmark District. (d) The sole purpose of this amendment is to prohibit annexation of any portion of the Josephine Landmark District by local law. Further, this amendment does not create or grant authority or powers which would exist if the district were a municipal corporation. The district shall not, by this amendment, acquire any authority or powers other than the prohibition of the annexation of any portion of the district by local law. (e) The Josephine 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 order authority or power commonly associated with a legal entity. (f) This amendment shall be terminated five years from adoption of this amendment unless further extended by a vote of the Baldwin County Legislative Delegation. PART II. Any landmark district created in Baldwin County by an amendment to this constitution prior to the ratification of this amendment 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.

Section 2

An election upon the proposed amendment shall be held at the general election in November 2020 in accordance with Section 284.01 of the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 1901, to define the Josephine Landmark District with certain exceptions and to prohibit the annexation by local law of any property within the district into any municipality except under certain conditions and to further specify that any landmark district in Baldwin County would not be considered a legal entity.

Proposed by Act _________." This description shall be followed by the following language:

Yes ( ) No ( )."