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HomeMy WebLinkAboutO-560ORDINANCE NO. 560 AN ORDINANCE DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESSMENTS FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDAINCEN NO. 543 AND ASSESSING THE COST OF SAID IMPROVEMENTS UPON THE PROPERTY SPECIALLY BENEFITTED THEREBY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: SECTION 1. That upon evidence duly presented to and considered by it, the City Council does hereby make a finding and determination of the following facts: (a) The City Council of the City of Fairhope, Alabama, adopted an ordinance on, to -wit, the 9th day of September, 1974 entitled, "IMPROVEMENT ORDINANCE NO. 543"; and ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON WINN LANE, NORTHRUP STREET, BURGUNDY STREET AND BLUE ISLAND AVENUE IN THE CITY OF FAIRHOPE, ALABAMA. (b) Provision was made in said ordinance for the assessing of the cost of said improvements against the property specially benefitted thereby. (c) Said ordinance provided that said improvements should be constructed in accordance with the details, drawings, plans, surveys, specifications and estimates then ordered to be placed on file in the office of the City Clerk where property owners who might be affected by said improvements could see and examine the same. (d) Said ordinance provided that the City Council would meet on the 30th day of September, 1974 at the City Administra- tion Building in the City of Fairhope, Alabama, at 7:00 o'clock P.M. to hear any objections or remonstrances that might be made to said improvements, the manner of making the same or the character of the materials to be used. (e) Said ordinance was published once a week for two consecutive weeks in the Fairhope Courier, a newspaper publiched and of general circulation in the City of Fairhope, the first publication being made not less than two weeks prior to the 30th day of September, 1974. (f) A copy of said Improvement Ordinance No. 543 was sent by registered mail, postage prepaid, to each of the persons last assessing for city taxation the property proposed to be assessed for said improvements at their last known addresses, said notic es having been so mailed more than ten days prior to the 30th day of September, 1974. (g) At a meeting of the City Council held at the time and place fixed in said published notice, all objections and protests were heard and considered and said ordinance was duly confirmed, and said improvements were finally ordered. (h) Notice was given on the loth day of October, 1974, by publication in the Fairhope Courier asking for bids upon all work and materials for the construction of the improvements, the cost of which is hereinafter assessed, and a satisfactory bid was received on the llth day of November, 1974 and the City Council of the City of Fairhope, as provided by law and said ordinance did, on the 20th day of November, 1974, let the contract to make such improvements to VALTA CONSTRUCTION CO., the lowest responsible bidder. (i) Said improvements have been constructed, completed and accepted in accordance with said ordinance and contract. (j) The Mayor of the City of Fairhope has caused to be prepared a roll or list showing the names of property owners, a description of each lot or parcel of land proposed to be assessed against each of said lots or parcels of land, and the same has been entered in a well -bound book, which was on the 17th day of September, 1975, at least twenty days before the date of this meeting, delivered to the City Clerk, and continuously thereafter kept on file and open for inspection in the office of the City Clerk, the person authorized to make collection of said assessments. (k) The City Clerk has given the following notice by publication in the Fairhope Courier, a newspaper of general cir- culation in the City of Fairhope, Alabama, in the issue of October 2, 1975: NOTICE TO PROPERTY OWNERS TO WHOM IT MAY CONCERN: Notice is hereby given that the Assessment Roll, prepared in accordance with the law in such cases made and provided, under a RESOLUTION TO PROVIDE FOR CERTAIN IMPROVEMENTS On Winn Lane, Northrup Street, Burgundy Street and Blue Island Avenue in the City of Fairhope, adopted on the 9th day of September, 1974 and confirmed on the 14th day of October, 1974 by STREET IMPROVEMENT ORDINANCE #543, by the City Council of the City of Fairhope, Alabama, has been delivered to me and is open for inspection in the office of the City Clerk of the City of Fairhope, Alabama, the person authorized to make collections of assessments for improvements constructed under said Ord- inance, and that the City Council of the City of Fairhope, Ala- bama will meet on the 27th day of October, 1975 at 7:00 o,clock P.M. to hear and determine any objections, protests or defenses that may be filed to such proposed assessments or the amounts thereof. The general character of the improvements constructed under siad Ordinance consists of a 20 foot bituminous concrete pavement 12 inches thick (150 lb.1per square yard) to be laid over a 6 inch thick compacted, primed, granular soil base con- structed between 2.5 foot wide 6 inch portland cement concrete valley gutters; together with brick manholes and catch basins where necessary with metal or concrete covers, concrete culverts, concrete pipe, drop inlets, grading, clearing grassing and sodding as necessary for erosion control and effective complet- ion and protection of said streets. The streets or portions thereof along which said improve- ments have been constructed and terminal points of said improve- ments are as follows, to -wit: (q) Winn Lane from the east side of the existing pave- ment on Blue Island Avenue 617 feet eastwardly to the west side of existing pavement on Ingleside Avenue; (b) Northrup Street, from the east edge of existing pavement on South Ingleside Avenue eastwardly 875 feet to the eastern end of the cul de sac that terminated said street. (c) Burgundy Street from the east edge of existing pavement on Church Street eastwardly to the west edge of exist- ing pavement on Burgundy Street at Boone Lane 685 feet. (d) Blue Island Avenue from the north edge of the existing pavement on Fairhope Avenue northwardly 1840 feet to the existing pavement on Blue Island Avenue at Winn Lane. s/ Marie Moore City Clerk (1) The 27th day of October, 1975 at the City Administration Building in the City of Fairhope was mentioned in the foregoing Notice as the time and place at which the City Council of the City of Fairhope would meet to hear and determine any objections or defenses that might be made to such assessments or the amounts thereof. (m) No objections or defenses to the proposed assessments against said property or the amounts thereof have been filed in writing with the City Clerk or in her office or have been made at this meeting. SECTION 2. That the maount lot or parcel of land described assessment roll be and the same with said Improvement Ordinance set out. of the assessment against each and included in said is hereby fixed in accordance No. , in the amounts SECTION 3. That it is ascertained by this Council and determined and so adjudged, that the cost of constructing said improvements is $ and that the total amount :,__ assessed against a the property by this resolution does not exce� the total cost of said improvements, and the special benefits derived from such improvements, and that no charge assessed upon or against any lot or parcel of land is greater than the increased value of such property by reason of the special benefits derived from the aforesaid improvements, and that all of the lots or parcels of land so assessed abut on the part of said streets or highways so improved, or on a street or highway intersecting said part of said improved streets or highways within a half a block of the streets or highways so improved, and that all of the lots or parcels of land so located are included in said assessment. SECTION 4. That the names of the property owners, a description of each lot or parcel of land assessed for said improvements, and the amount of such assessment against each lot or parcel of land for said improvements are hereby determined adjudged and fixed as set out in Assessment Book. Approved S JE-S Mayor Attest:S City Clerk 31