ORDINANCE NO. 113-15

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ORDINANCE NO.  113-15

ORDINANCE ASSENTING TO ANNEXATION

WHEREAS, Carla A. Gallahan (hereinafter referred to as the “Petitioner”), heretofore filed with the Clerk of the City of Opelika, Alabama, a municipal corporation, a petition for the annexation into the corporate limits of the property described below; and

WHEREAS, the Petitioner is the owner of all the land described in her petition; 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 hereby finds and determines that the public good requires that it would be to the best interest of the City of Opelika that the hereinafter described territory be brought within the city limits of the City of Opelika; and

WHEREAS, the City Council of the City of Opelika herewith adopts this ordinance assenting to the annexation of the territory described below pursuant to the provisions of Section 11-42-20, et seq. of the Code of Alabama (1975).

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama as follows:

Section 1.  That the following described territory be annexed into the corporate limits of the City of Opelika, Alabama and the boundary lines and the corporate limits of the City of Opelika shall be extended, altered, and rearranged to include within the corporate limits of the City of Opelika, in addition to the territory now included therein, all the following territory, to-wit:

Commencing at the Northeast corner of Section 20, Township 20 North, Range 27 East, in Lee County, Alabama; thence South 87°30’00” West, 326.30 feet to the Southeasterly R/W line of Lee County road No. 67 (Cusseta Road); thence South 35°10’00” West, along said R/W line, 695.37 feet to the true point of beginning of the parcel of land herein described; thence, leaving said R/W line, South 78°59’38” East, 147.18 feet; thence South 20°15’20” West, 322.24 feet; thence North 24°54’10” West, 250.63 feet to the Southeasterly R/W line of said Lee County Road No. 67; thence North 35°10’00” East, along said R/W line, 126.10 feet to the true point of beginning.

Section 2.  That 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 “A” and made a part hereof.

Section 3.  That the Clerk of the City of Opelika is hereby authorized and directed to file with the Judge of Probate of Lee County, Alabama, a copy of this ordinance, together with a copy of the petition for annexation and the Clerk is further directed to take all necessary and proper steps to perfect the annexation of this territory herein described.

Section 4.  That the annexation of the above-described property is subject to the following conditions:

(a) In the event a fire tax is being charged against the above-described territory under Section 8, Act No. 89-390, the owners of the property shall pay all such costs.

(b) The annexed territory shall be subject to all zoning ordinances, subdivision regulations, building codes and other land use laws and regulations of the City of Opelika.

Section 5.  That this ordinance shall be published in a newspaper of general circulation in the City of Opelika, Alabama.

Section 6.  That this ordinance shall become effective upon adoption and publication as required by law.

ADOPTED AND APPROVED this the 19th day of May, 2015.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 20th day of May, 2015.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 20th day of May, 2015.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 5/22/15

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