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HomeMy WebLinkAboutO-1802ORDINANCE NO. 1802 AN ORDINANCE TO REPEAL ORDINANCE NO. 1551, AS AMENDED BY ORDINANCE NO. 1622 AND 1743 , AND CODIFIED AS CHAPTER 2, ARTICLE III, DIVISION 8 OF THE FAIRHOPE CODE OF ORDINANCES; AND DISSOLVE THE CITY OF FAIRHOPE HISTORIC PRESERVATION COMMITTEE. WHEREAS, the City of Fairhope , Alabama (the "City"), established the Fairhope Historic Preservation Committee (the "Committee"); WHEREAS, the City Council of the City of Fairhope, Alabama (the "City Council") adopted Ordinance No. 1551 establishing the Bylaws of the Fairhope Historic Preservation Committee (the "Bylaws"); WHEREAS, the City Council subsequently adopted Ordinance No . 1622 , which amended the Bylaws by providing for the meetings of the Committee; WHEREAS, the City Council further adopted Ordinance No. 1743 amending the Bylaws to provide for the Committee 's Mission ; WHEREAS, the City adopted Ordinance No. 1797 and established the Fairhope Historic Preservation Commission ("the Commission") pursuant to Alabama Code § 11- 68-1 et seq.; WHEREAS, the City no longer has a need for the Committee, and the City Council desires to dissolve the Committee and transfer any funds raised or claimed by the Committee for the use of the Commission; WHEREAS, the Committee is an unincorporated board that is not separate from the municipality itself; and WHEREAS, as the authorizing governing body, the City Council is vested with the power to dissolve the Committee; BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The Fairhope Historic Preservation Committee is hereby dissolved. Section 2. The Commission hereby assumes the Committee's duties and outstanding obligations , if any. Section 3. Any funds , real property or personal property belonging to the Committee shall be conveyed to the City and used by the Commission in accordance with Sections 11-68-1 through 11-68-15 of the Code of Alabama (1975). Section 4. The provisions , sections , paragraphs , sentences , clauses , phrases , and parts thereof of this Ordinance are severable , and 1f any provision, section, paragraph, sentence, clause , phrase , or part thereof of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, then such ruling shall not affect any other provision , section , paragraph, sentence, clause, phrase, or part thereof, since the same would have been enacted by the Council without the incorporation of any such unconstitutional or invalid provision , section, paragraph, sentence, clause, phrase, or part thereof. Section 5. This Ordinance shall go into effect upon its passage and publication as provided by law. Ordinance No . 1802 Page -2- Adopted and Approved this 24th day of June, 2024 . ATTEST: Adopted and Approved this the 24th day of June, 2024. ATTEST: ' Clerk CERT IF ICAT E OF CLERK I, Jenny Opal Wilson, CMC, City Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing copy of Ordinance No. 1802 is a true and correct copy of such Ordinance that was duly adopted by the City Council of Fairhope, Alabama, on the 24th day of June, 2024 , as same appears in the official records of said City.