Senate Bill 322 from Sen. Jabo Waggoner (R-Jefferson County) and Alabama Senate Pro Tem Garlan Gudger, which would allow the city of Cullman to annex roughly 2,500 acres located on Smith Lake, despite being a noncontiguous property, passed through the House of Representatives on Thursday, May 1.

The Smith Lake property is the site of a proposed multi-million-dollar, luxury resort being developed by local business owner Jeff Tolbert.

Tolbert previously told The Times that he had drafted the legislation, which he presented to Waggoner, after a majority of the Cullman County Commission had expressed they would not support declaring the property as a development district to help him secure more favorable bond rates.

The commission denounced the legislation in an official resolution approved on Tuesday, April 15, due to concerns over the potential for lost revenue and investments from the Poarch Creek Band of Indians which led to speculation of the potential for the resort to be used as a gaming site.

Gudger submitted amendments to the bill before it was approved by the Alabama Senate to help mitigate several of these concerns, including one which states “the property cannot be used as a site for a casino, nor any other commercial or charitable gaming activities.”

The amendments will also allow the county to retain all rights to provide environmental services within the area such as garbage services.

While the bill will now allow for the city of Cullman to annex the property, there have been no formal plans announced to do so. Mayor Woody Jacobs previously told The Times that an annexation request would first need to be submitted to the Cullman City Planning Commission for a thorough review of the economic impact the project would have on Cullman County as a whole, including infrastructure needs and public safety.

The only current member actively representing Cullman County in the House, Rep. Tim Wadsworth, was one of 25 members to abstain from the vote.

Patrick Camp may be reached by email at patrick.camp@cullmantimes.com or by phone at 256-734-2131 ext. 238.