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HomeMy WebLinkAboutO-579Motion by Councilman Barney Shull seconded by Councilman David Bishop that City approve Performance Bond of Matthew P. Dial, Jr. as presented. Motion carried. Councilman Barney Shull introduced the .following Ordinance: ORDINANCE NO. 579 AN ORDINANCE AMENDING ORDINANCE NO. 567 REGARDING ASSESSMENT FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE NO. 543 AS THE SAME PERTAINS TO ASSESSMENT OF COSTS OF IMPROVEMENTS AGAINST ABUTTING PROPERTY DESCRIBED AS LOTS 9 AND 10 IN THE JOHN M. GREEN SUBDIVISION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 1.7, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: (a) The City Council of the City df Fairhope, Alabama, adopted an ordinance on, to -wit, the 9th day of September, 1974 entitled "IMPROVEMENT ORDINANCE NO. 543", an ORDINANCE TO PROVIDE CERTAIN IMPROVEMENTS ON WINN LANE, NORTHRUP STREET, BURGUNDY STREET AND BLUE ISLAND AVENUE, IN THE CITY OF FAIRHOPE, ALABAMA." I ' I (b) Provision was made in said ordinance lof the cost of said improvements against the lbenefitted thereby. for the assessment property specially (c) Thereafter, by Ordinance No. 560, the City Council assess- ed the cost of constructing said improvements against the abutting property owners adjoining, among other streets, Blue: Island Avenue. (d) Due to errors and defects, that portion of Ordinance No:,560 referred to above pertaining to Blue Island Avenue was repealed by Ordinance No. 566, dated December 20, 1975. (e) Thereafter, the City Council of the City of Fairhope pro- posed, and thereafter on 31st January, 1976 duly adopted Ordinance 567, which included a revised assessment against Lots 9 and 1.0 in the John M. Green Subdivision of the West Half of the Northeast Quarter of Section 17, Township 6 South, Range 2 East, Baldwin County, Alabama, having a frontage on Blue Island Avenue of 660 feet:. (f) At the time of the adoption of said Ordinance No. 567, said Lots 9 and 10 both fronted on Blue Island Avenue and Inglesid Street. Ingleside Street was already improved with paving and sewerage. One-half of said Lots 9 and 10 which abut Ingleside Street are not within a half a block of Blue Island Avenue. There- fore the improvements brought about by Improvement Ordinance 567 in no way benefitted the property fronting on Ingleside Street. (g) i'he owners of said Lots 9 and 10 have resubdivided the same into twelve lots, with six lots fronting on Ingl.esi.de Street and six lots fronting on Blue Island Avenue, said resubd.ivisi_on having been accepted and approved by the City of Fairhope Planning Commission on April 23, 1976. (h) The only resubdivided lots of the original Lots 9 and 10 that derived any benefit from this assessment are Lots 7 through 12, with each of said lots having a frontage of 110 feet on Blue Island Avenue. ' SECTION 2. The amount of the assessment pertaining 'and 10 of the John M. Green Subdivision of the West Half- (-Northeast Quarter of Section 17, Township 6 South, Range to Lots 9 of the 2 East, lDaldwi.n County, Alabama, located on Blue Island Avenue, is hereby i'repealed, and the amount of the assessment against each of the re- i'subdivided lots number 7 through 12, abutting the east right of 11way line of Blue Island Avenue, be and the same is hereby fixed in Oaccord.ance with said Improvement Ordinance No. 543 in the amounts i'herein.after set forth in this Ordinance. ," SECTION 3. That it is ascertained by this Council and deter - ,'mined and so adjudged, that the cost of constructing said improve- 11ments is $9,919.80, less the sum of $1,155.92 heretofore paid ,toward the cost of said improvements by the adjoining property Ilowners hereafter mentioned, and that the total amount assessed 'lagainst all the property by this Ordinance does not exceed the ('total cost of said improvements, and is not in excess of the in- lIcreased value of all such property by reason of the special benefi Ilderived from the aforesaid improvements, and that all of the lots Ilor parcels of land so assessed abut on the part of said streets or (,highways so improved, or on a street or highway intersecting said 11part of said improved streets or highways within a half a block i1of the streets or highways so improved, and that all of the lots 11or parcels of land so located are included in said assessment. ii SECTION 4. That the names of the' -property owners, a descrip- tion of each lot or parcel of land assessed for said improvements are hereby determined, adjudged and fixed as follows, to -wit: (See Assessment Book) Approved ,r Attest: J^l v? c yor /LJ I-1-1 '1� I City Clerk Councilman Barney Shull noved that all rules governing the council ich might, unless suspended, prevent the passage and adoption ,of the Ordinance at this meeting, be and the same are hereby sus- pended for the purpose of permitting the said Ordinance to be �finally passed and adopted at this meeting. Councilman Sam Box seconded the motion and on roll call the vote was as follows: I. yea: Councilmen: David E. Bishop, H. G. Bishop, Sam E. Box., 011ie E. Deese and Barney L. Shull. Nay: None..Motion adopted by unani- mous vote of the Council. Councilman Barney Shull then moved that the said Ordinance No. 579 be finally passed and adopted as intro- Iduced. Councilman Sam Box seconded the motion and the question of ,final passage and adoption of said ordinance was put to vote of (the Council and on call of the roll the results were as follows: ,Yea: Councilmen: David E. Bishop, H. G. Bishop, -Sam E. Box, 011ie 1E. Deese and Barney L. Shull. Nay: None. Ordinance finally pass- ed and adopted by unanimous vote of the Council. !.14otion by Councilman David E. Bishop seconded by Councilman Barney ,-L. Shull that the Mayor be authorized to sign contract, subject to ,approval of the City Attorney, with Department of the Interior ,acting by and through Southeastern Power Administration. Motion ,carried.