HomeMy WebLinkAboutO-841ORDINANCE NO.
AN ORDINANCE DETERMINING ALL OF THE COST OF IMPROVEMENTS PRO-
VIDED BY IMPROVEMENT ORDINANCE NO. 822 AS MODIFIED, AMENDED,
AND CONFIRMED BY ORDINANCE NO. 823 AND ASSESSING SAID COST
UPON THE PROPERTY SPECIALLY BENEFITED THEREBY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS
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:
(a) The City Council of the City of Fairhope adopted an ordinance on, to -wit,
the 12th day of December, 1988, entitled "IMPROVEMENT ORDINANCE NO. 822: AN
ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS IN QUAIL CREEK ESTATES; FAIRHOPE,
BALDWIN COUNTY, ALABAMA"; and, on the 12th day of December, 1988, amended,
modified, and confirmed said ordinance by ORDINANCE NO. 823 which, due to the
fact that all of the property to be improved under Ordinance No. 822 was owned
by only two property owners, namely QUAIL CREEK JOINT VENTURE, and DO-LEEN, INC.
deleted Sections 6, 7, and 8 calling for publications, notice by mail, and a
public hearing on 9 January 1989.
(b) Provision was made in Ordinance No. 822 for the assessing of the cost of
said improvements against the property specially benefited thereby.
(c) Ordinance No. 822 provided that said improvements should be constructed in
accordance with the details, drawings, plans, surveys, specifications and esti-
mates then ordered to be placed on file in the office of MOORE ENGINEERING
ASSOCIATES where the property owners could see and examine the same.
(d) Notice was given on the 28th day of December, 1988, and on the 4th day of
January, 1989, by publication in the EASTERN SHORE COURIER, a newspaper of
general circulation published in Fairhope, Alabama, asking for bids upon all wor
and materials for the construction of the improvements, the cost of which is
hereinafter assessed, and a satisfactory bid was received on the 9th day of
January, 1989, and the City Council, as provided by law, did, on the 2nd day of
February, 1989, let the contracts to make such improvements in two divisions;
one to JAMES BROTHERS CONSTRUCTION COMPANY, and one to BAY EQUIPMENT COMPANY;
the lowest responsible bidders.
(e) Said improvements have been constructed, completed and accepted in accord-
ance with Ordinance No. 822 and the contracts.
(f) The Mayor of the City of Fairhope has caused to be prepared an ASSESSMENTS
ROLL BOOK showing the name of the property owners, a description of each lot or
parcel of land to be assessed, and the amount to be assessed against each lot
or parcel of land; said BOOK on file and open for inspection in the office of
the City Clerk, the person authorized to make collection of said assessments.
Section 2. At the request of the property owners, by legal waiver, the Council
does accept and agree to waive public notice of assessments, twenty -day period
of holding assessments book for property owners review, and the final public
hearing before fixing of said assessments. City Council further notes and
accepts change of Street Name, in Ordinance No. 822, from WINDMILL LOOP to
HUNTERS LOOP.
Section 3. It is ascertained by this Council and determined and so adjudged that
the cost of constructing the improvements described in Ordinance No. 822 as
amended, modified, and confirmed by Ordinance No. 823, is $790,465.11 and that
the total amount assessed against all the property by this ordinance does not
exceed the total cost of the improvements, and is not in excess of the increase(
value of all such property by reason of 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 and parcels of land so assessed abut on the part of said streets so im-
proved, or on a street intersecting said part of said improved streets within a
half block of the streets so improved, and that all of the lots of parcels of
land so located are included in said assessment.
ORD. NO. Rtll , PAGE 2.
Section 4. The amount of the assessment against each lot or parcel of land
esccT�ri ea and included in the 1989 PUBLIC IMPROVEMENT ASSESSMENTS ROLL BOOK
is hereby fixed; in accordance with Ordinance No. 822 as modified, amended and
confirmed in Ordinance No. 823; in the amounts set out in said ROLL BOOK; an
assessment on any lot or parcel of land paid in full prior to 1 OCTOBER 1989
will not include any interest; a payment of 100 of an assessment on any lot or
parcel of land prior to 1 OCTOBER1989 is required but will not include any
interest (non-payment, in full or in part, prior to 1 October 1989, results in
full amount of assessment being due on 1 October 1989); the remaining assessmen
after 10% payment on 1 October 1989, may be paid in 9 equal annual installments
PLUS annual interest at 7.50, due on 1 October each year. No lot or parcel of
land assessed in the 1989 PUBLIC IMPROVEMENT ASSESSMENTS ROLL BOOK may be here -
afterward sub -divided in any way without the full or remaining balance, plus an
accrued interest, being first paid in full.
Section S. The names of the property owners, the description of each lot or par-
cel of land assessed, and the amount of such assessment are hereby determined,
adjudged and fixed as per the 1989 PUBLIC IMPROVEMENT ASSESSMENTS ROLL BOOK.
Attest
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ADOPTED THIS 28th DAY OF AUGUST, 1989.
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