Fairhope, Alabama
Update: The city council did subsequently enact this ordinance.
MOSTLY FOR PLANNING PURPOSES
The Times has clarified details of a proposed new city ordinance concerning connecting new water services outside of city limits: it only applies to contiguous property adjacent current city limits, not all territory outside of city limits as was erroneously implied by reports last summer -- based upon incorrect information being disseminated at that time.
If the measure passes, in order to get new city water service, contiguous property just outside limits only would be required to annex in, but other non-contiguous property farther outside city limits would still be eligible for new city water service as before.
The ordinance was tabled last summer, but was brought up again during the February 19 council meeting; it will lay over until a future meeting where a final vote will be taken.
MAYOR ELABORATES
During the meeting, mayor Sullivan mentioned the city had an extra-territorial planning jurisdiction beyond city limits where city utilities are offered, until about two years ago when a new state law eliminated it.
Sullivan: "We had an extra-territorial jurisdiction for a while ... had to do with planning ... when Act (2021-) 297 was put in place ... it created a situation where they're not in our ETJ any more ... and don't follow our planning rules/regulations ... folks could choose to build in Baldwin County... we are still providing them utilities ... (for) building in the county not the city. This ordinance is an effort to pull those folks into our city ... follow our (planning) rules and regulations ... to make sure our community continues to grow the way we want it to ... and using the water connection as one of the ways we can do that. The same happens in other places in Alabama/USA ... citizens wanting a connection to the city's water system ... only if contiguous ... they would have to annex in."
The Times feels the wording of the ordinance itself may be responsible for some of the confusion as well (below).
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| Proposed water/annex ordinance. |
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| City limits map. |