AGO 1996-155.

• Case Date: March 18, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-155. 1996-155March 18, 1996Honorable William M. Bouldin Attorney, City of Russellville Guin, Bouldin & Alexander P. O. Box 940 Russellville, AL 35653 Municipalities - Deannexation - AnnexationThe City of Russellville does not have the authority to amend an ordinance of annexation which has been adopted and published in order to exclude property owners who initially signed the petition request- ing annexation but who now do not wish to have their property annexed to the City of Russellville. The procedure to reduce the corporate limits of the municipality set forth in Code of Alabama 1975, _ 11-42-200, et seq., must be followed in order to remove the property from the corporate limits.Dear Mr. Bouldin: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Does the City of Russellville have the authority to amend an ordinance of annexation which has been adopted and published in order to exclude property owners who initially signed the petition requesting annexation but who now do not wish to have their property annexed to the City of Russellville? FACTS AND ANALYSIS In 1995 the City of Russellville received a petition, pursuant to Code of Alabama 1975, _ 11-42-21, requesting that certain lands be annexed to the City of Russellville. On August 21, 1995, the City Council adopted an ordinance assenting to the annexation of this property. The ordinance was published as required by the statute, and the U. S. Justice Department granted preclearance. Subsequent to the adoption and publication of this ordinance, two property owners who had signed the petition have requested that the ordinance be amended to delete their lands from the City of Russellville. The City questions whether it has the authority to amend the ordinance to delete this property. The method of annexation used in...