Meeting Type: BCC Regular Meeting
Meeting Date: 6/7/2022
Item Status: New
From: Joey Nunnally, P.E., County Engineer
Seth Peterson, P.E., Pre-Construction Manager
Gayle Pierce, Right-of-Way Tech III
Submitted by: Lisa Sangster, Administrative Support Specialist IV
______________________________________________________________________
ITEM TITLE
Title
Permission to Advertise - Vacation of Dirt Road Portion of Etta Smith Road
Recommendation
STAFF RECOMMENDATION
Recommendation
Authorize staff to advertise for a public hearing to be held on July 19, 2022, as required, for the Baldwin County Commission to consider vacating the dirt road portion of Etta Smith Road, per the request of the County Engineer.
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: The County Engineer is requesting to vacate the dirt road portion of Etta Smith Road to assist with Mobile Bay National Estuary Program efforts to stabilize ditch erosion adjacent to the road and improve public safety by eliminating a hazardous connection at County Road 32 and County Road 9 intersection.
Section 23-4-2 of the Code of Alabama 1975 reads as follows:
Procedure.
(a) Whenever the governing body of a municipality or county proposes to vacate a public street, alley, or highway, or portion thereof, the governing body shall schedule a public hearing prior to taking final action and shall publish notice of the proposed hearing on the vacation in a newspaper of general circulation in the portion of the county where the street, alley, or highway lies once a week for four consecutive weeks in the county prior to deciding the issue at a regularly scheduled meeting of the governing body. A copy of the notice shall be posted on a bulletin board at the county courthouse and shall also be served by U.S. mail at least 30 days prior to the scheduled meeting on any abutting owner and on any entity known to have facilities or equipment such as utility lines, both aerial or buried, within the public right-of-way of the street, alley, or highway to be vacated. The notice shall describe the street, alley, highway, or portion thereof proposed to be vacated and also give the date, time and location of the meeting of the governing body at which the proposed vacation is scheduled to be addressed. Any citizen alleging to be affected by the proposed vacation may submit a written objection to the governing body or may request an opportunity to be heard at the public hearing held as required herein.
(b) If the governing body elects to vacate, it shall adopt a resolution which shall describe with accuracy the street, alley, or highway, or portion thereof, to be vacated and shall give the names of the owner or owners of the abutting lots or parcels of land and also the owner or owners of such other lots or parcels of land, if any, which will be cut off from access thereby over some other reasonable and convenient way. The resolution shall further set forth that it is in the interest of the public that such street, alley, or highway, or portion thereof, be vacated and shall be filed in the probate court of the county. In counties which elect the members of the county commission by single
-member districts, the motion to approve the vacation shall be made by the commissioner in whose district the portion of the public street, alley, or highway to be vacated is located. The vacation shall not deprive other property owners of any right they may have to convenient and reasonable means of ingress and egress to and from their property, and if that right is not afforded by the remaining streets and alleys, another street or alley affording that right much be dedicated. The filing of the resolution
as required herein shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in that part of the public street, alley, or highway vacated. Title and all public rights, including the right to close the street, alley, or highway vacated, shall vest in the abutting landowners. Entities with utility lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation had not occurred. Notice of the governing body’s action shall be published once in a
newspaper in the county no later than 14 days after its adoption.
If the agenda item is approved, staff will publish a notice for the public hearing to be held on July 19, 2022, for four (4) consecutive weeks in all Gulf Coast Newspapers. Staff will also post said notice on a bulletin board at the Bay Minette Administration Building, the Foley Satellite Courthouse, the Fairhope Satellite Courthouse and Central Annex in Robertsdale. Other notices will be sent to the subject utility companies and abutting owners as required.
FINANCIAL IMPACT
Total cost of recommendation: $300.00 (estimated)
Budget line item(s) to be used: 11153100.52530
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: If approved by the Commission, Highway Department (Gayle Pierce) will have notice of public hearing published in all Gulf Coast Newspapers.
Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A
Additional instructions/notes: Administration - place in tickler