ORDINANCE NO. 004-18
ORDINANCE ANNEXING CERTAIN PROPERTY TO THE CITY OF OPELIKA
(DIANN L. BOWMAN PROPERTY)
WHEREAS, on the 6 th day of December, 2017, Diann L. Bowman (hereinafter referred to as “Bowman” or “Petitioner”) being the owner of the property hereinafter described, did file a
Petition for Annexation (the “Petition”) with the City of Opelika, Alabama, a municipal corporation, a copy of which is attached hereto as Exhibit “A”, requesting the annexation of certain real property owned by Bowman as more particularly described below; and
WHEREAS, said Petition did contain the signatures of all owners of the described
territory and a map of said property showing its relationship to the corporate limits of the City of Opelika; and
WHEREAS, the territory to be annexed is contiguous to the existing corporate limits of the City of Opelika and does not embrace any territory within the corporate limits of another municipality, and when annexed into the City of Opelika will form a homogenous part of the
City; and WHEREAS, the City Council of the City of Opelika did determine that it is in the public interest that said property be annexed into the City of Opelika and it did further determine that all
legal requirements for annexing said real property have been met pursuant to Sections 11-42- 20 through 11-42- 24, Code of Alabama (1975).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama as follows:
Section 1. The City Council of the City of Opelika, finds and declares as the legislative
body of the City of Opelika that it is in the best interest of the citizens of the City of Opelika, and the citizens of the affected area, to bring the territory described in Section 2 of this Ordinance
into the City of Opelika.
Section 2. The boundary lines of the City of Opelika, Alabama, be, and the same are hereby altered or rearranged so as to include all of the territory heretobefore encompassed by the corporate limits of the City of Opelika, Alabama, and in addition thereto the following described territory, to-wit:
Lot 3 of Elizabeth Lee Subdivision, Second Addition, according to and as shown by
map or plat of said subdivision of record in Town Plat Book 14 at Page 149 in the
Office of the Judge of Probate of Lee County, Alabama. Being the identical property conveyed by warranty deed dated January 22, 1992 from Elizabeth L. Lee to Diann L. Bowman, a copy of which is recorded in Deed Book 1631, at Page 117 in the Office of the Judge of Probate of Lee County, Alabama.
Section 3. A map or plat of a survey describing the territory annexed and showing its
relation to the corporate limits of the City of Opelika shall be attached to this ordinance, marked Exhibit “B” and made a part hereof.
Section 4. The Clerk of the City of Opelika is hereby authorized and directed to file
with the Probate Judge of Lee County, Alabama, a certified copy of this ordinance, together with a certified copy of the petition of the property owner and the Clerk is further directed to take all necessary and proper steps to perfect the annexation of said territory herein described.
Section 5. This ordinance shall be published as provided by law in a newspaper of
general circulation in the City of Opelika, Alabama.
Section 6. The territory described in this ordinance shall become a part of the corporate limits of the City of Opelika upon publication of this ordinance as set forth in Section 5 above.
ADOPTED AND APPROVED this the 20 th day of February, 2018.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
ATTEST:
/s./ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR on this the 21 st day of February, 2018.
/s/ R. G. Shuman
CITY CLERK
ACTION BY MAYOR
APPROVED this the 21 st day of February, 2018.
/s/ Gary Fuller
MAYOR
ATTEST:
/s/ R. G. Shuman
CITY CLERK
Legal Run 2/21//2018