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HomeMy WebLinkAboutO-1081-AC CC Y —w m tCC U N �U U a. a.oILU = o� z Lu O t— o ORDINANCE NO. 1081-A AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: The appropriate public notice and hearing of case number ZC 00-06, the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorable recommendation. Property owned by the Fairhope United Methodist Church Legal Description: Parcel A. From the Southwest corner of Section 17, Township 6 South, Range 2 East, run East along the Section line 329 feet, thence run North along the East side of Oswalt Street in the Town of Fairhope, 820.15 feet to a point of beginning; thence run North 00002' West along Oswalt Street 203 feet, thence run North 89*58' East 150 feet, thence run South 00002' East 204 feet, thence run South 89058' West 150 feet to the point of beginning; being in the Southwest quarter of Southwest quarter, Section 17, Township 6 South, Rang 2 East, Baldwin County, Alabama Parcel B. Lot number one in the Stajskal Subdivision in the Town of Fairhope, Baldwin County, Alabama, according to plat thereof recorded in Map Book 4 Page 87 of the records in the office of the Judge of Probate of Baldwin County, Alabama, said lot being located on the East side of Oswalt Street North of Cole Court. The classification of said property is hereby changed from R2-Single Family Residential to P1-Parking. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 557 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of The City of Fairhope and that any such structure be erected only in compliance with such laws, including the requirements of Ordinance No. 557. Severability Clause - If any part, section of subdivision of this ordinance shall be held unconstitutional or in valid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 24" DAY OF April , 2000. If Zr 4'.-Ja es P. Nix, Mayor • a� W-10 FAIRHOPE PLANNING COMMISSION FINAL REPORT OF ZONING AMENDMENT 3I i' , Text Change to Zoning Ordinance )C Request for change of Zoning District K� By: kc-tu"t ckw" (Applicant Description and Map is attached The Commission has held a public hearing on this matter prior to this final report and wishes to report to the Fairhope City Council as follows: We (Do) (Do Not) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City jLWe find that the proposed zoning district changes (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and (Do) (Do Not) Recommend that the City Council adopt an ordinance implementing the proposed changes as provided by law. Members Present Rev. 9/98 Voting Aye Voting Nay Abstain Respectfully submitted: V_49�� .1 Chairman CITY OF FAIRHOPE CITY COUNCIL COVER SHEET April 24, 2000 ZC 00-06 Public Hearing to Consider the Request of Ray Moore for a Zoning Change from R2 Single Family Residential to P1-Parking on property located on the East side of Oswalt Street. Mr. Moore is representing Fairhope United Methodist Church in this zoning change request. The property under consideration is currently zoned R2. The church proposes to convert the use of the property to a parking lot. Thus, the zoning change application. The property under consideration contains approximately 39,000 sq. ft. The property under consideration currently has several small cottages that will be removed. The site also has several large trees. The site also has some relatively steep topo to it. If the site was paved in a traditional manner many trees would be lost, drainage issues would be further exacerbated, and the intrusion of the parking lot into the residential character of the neighborhood would be much greater. After meeting with several representatives of the church it was agreed that it is in the best interest of the church, the neighborhood, and the City to propose a pervious parking lot at this location. The lot is an overflow lot that would be used only when needed. It is a win -win situation for all parties to have a pervious parking lot at this location. The demand for the parking lot is going to be driven by the expansion of the sanctuary. This request is not in conformance with the Comprehensive Plan. The adopted plan indicates this area to remain as single family. The Planning Commission recommended approval of the request subject to the installation of a pervious parking lot. However, should the Council vote to change the zoning, staff recommends doing so contingent on a pervious parking lot. STAFF RECOMMENDATION: To deny ZC 00-06 because it is not in compliance with the Comprehensive Plan. Respectfully Submitted for Consideration, -' Christop er D. Baker, Director of Planning and Building ADDITIONAL ADMINISTRATION PROPOSED CHRISTIAN v° FACILITY PROPOSED SANCTUARY LIFE BUILDING �H A l P ARK I' N G y' iS 8'�iA;i F.F.E. EL 106.0f` i i .. v;c• L."an.,2 I ;.>iti ^ J 1 A - -WAi a4'GAK (i T1T SANCTUARY Pff- m , INV. 8;83 }! r E �k't d { "O C.M.F. PP 1 ? O4, d I f PROPOSED 20 AY. \ # , F CURB PP /i j' � ` / a T OLF i /C• NLET — CRf�` ♦���• OE OE M1 ;• C'A 1 I PP 9 ENUE A S P H A L T; sf " ` c °iAv\ C.R.F. e _- INV. 82.15 ° 0 r . — — — — — — — o I �GR F`�!. \ �ryjN INy; 81.08 .INV. 80.E4 m - \O PROPOSED pp PN I \ O% 13,E o U +' _ems.. of•' ` A O.T.I.F. �I CARPORT — -1 �ED I r U I BRICK WOW HOUSE I iO.T.I.F. C.T.LF. �gT;.:"i;cr,p•J '_:i.4VCs>� .. PROPOSED PARKING LEGAL DESCRIPTION — PARCEL A FROM THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 2 EAS RUN EAST ALONG THE SECTION LINE 329 FEET, THENCE RUN NORTH ALONG THE Ei SIDE OF OSWALT STREET IN THE TOWN OF FAIRHOPE, 820.15 FEET TO A POINT OF BEGINNING; THENCE RUN NORTH 00- 02' WEST ALONG OSWALT STREET 203 FEET, G�a IIC SCALE THENCE RUN NORTH 89- SW EAST 150 FEET, THENCE RUN SOUTH DO' 02' EAST 20 PP FEET, THENCE RUN SOUTH 89" 58' WEST 150 FEET TO THE POINT OF BEGINNING; BEING IN THE SOUTHWEST QUARTER OF SOUTHWEST QUARTER, SECTION 17, TOWNSr' Dr rm 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. 111 Ll LU UU k"LV II) III III UIII VI III I'll VIU Il llnl JJY )LU UI I t. uU l/UUI - t CRY of Fauhopl, —f` P.O. Drawer 429 Fairfiop❑, Alabama 3OS33 APPLICATION FOR ZONING DISTRICT CHANGE 334 9713.2136 7 Applicant/Agent Information: Notartzod loftor from property owner Is ruguirerf If an agenf is used fur reprusenWion Name: g;7,y R Mmre4 Mr rnry & Ti 1 1 i amc r Inc. Phone Number. 626-2626 Address: P-O, Drawer 2067 CRY: Daphne state: AL Zip: _36526 Property Owner lnfomailon (1f Dirfornnt Than Above): pjc ,3) (oI o0 Name ❑t Property Owner Fairhope United Methodist Church (Phone 928-1148 ) Addres-- or Pm,,Prry owner: 155 S . Section Street Z' C, O O — O ury: Fairhope state:_ AL zip: 36532 CurrontZoning ofPrvporry: R-2 Property Address: 201, 203, 205 Oswalt (Parcel A t (Parcel B Proposed Use of the Property: Property Legal Description: Parking (See attached) Reason for Zoning Change: The Church is • ••.• n• • -w•_e• •- • - -• _.• .� over -flow parking is needed for peak times Property Map Attachod: I Metes and Bounds Description Attached: Yes X No I Yes X No Names and Address of All Real Property Owners within 300 Feet of Above Described Property Attached: Yes X No Character of Improvements to the Property and Approximate Construction Date: Prrimgerl rnncf-r-nrtjy-)j3 Qf- parklp,4 io4 44th mrnrrc matprialc Zoning Chango Foo Calculation: Certification: I cortfy that i am the property owner, erauthcrizod agent. and attest that ad fads are true and correct. Filing Fee: 35.0 $ ekCAe( certified lene:: - PuWicaUon: � .00S Date: 01,f44-1- TOTAL: Signature: 122 LL — JAMES P. NIX, C.M.O. MAYOR GENIECE W-JOHNSON CITY CLERK, C.M.C. City of Fairhope "4*d N � . . , .dam � P. O. DRAWER 429 FAIRHOPE, ALABAMA 36532 (334) 928-2136 FAX (334) 928-6776 COUNCILMEMBERS: JOHN V. DUCK MICHAEL A. FORD, C.M.O. WILLIAM H. JONES JEANETTE PUCKETT, C.M.O. DEBBIE W. QUINN, C.M.O. At the Fairhope Planning & Zoning Commission meeting scheduled for Wednesday, March 8, 2000 at 5.00 PM at the City Administration Building, 161 N. Section Street in the auditorium, a public hearing will be held to rezone from R-2 Single Family Residential to P1 Parking District for the land of Fairhope United Methodist Church located on 201, 203, 205 Oswalt(Parcel A) and 209 Oswalt(Parcel B) further described as: LEGAL DESCRIPTION - PARCEL A FROM THE SOUTHWEST SECTION OROF SECTION 3290FEET, THENCETOWNSHIP RUN NORTH ALONG THEEAST RUN EAST ALONG THE SIDE OF OSWALT STREET IN THE TOWN OF FAIRHOPE, 820.15 FEET TO A POINT OF BEGINNING; THENCE RUN NORTH 00' 02' WEST ALONG OSWALT STREET 203 FEET, THENCE RUN NORTH 89' 58' EAST 150 FEET, THENCE RUN SOUTH 00' 02' EAST 204 FEET, THENCE RUT WEST QUARTER 150 FEET T O THE POINT OF BEGINNING; SOUTHWEST QUARTER, SECTION BEING IN THE SOU 17, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. LEGAL DESCRIPTION - PARCEL B LOT NUMBER ONE IN THE STEJSKAL SUBDIVISION IN THE TOWN OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, ACCORDING TO PLAT THEROF RECORDED IN MAP BOOK 4 PAGE 87 OF THE RECORDSIN THE OFFICE BEING LOCATOF THE ED ON THEGE EASOTFSIDEOBATE OF OSOWABT LDTREETCOUNTY, NORTH ALABAMA, SAID LO OF COLE COURT. All interested parties are welcome to attend. Betty Rivenbark, Secretary Planning & Zoning Commission AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: 0 The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Alabama Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate L4— I X - ib TOTAL: $ Legal Ad Representative Linda Robinson BILL TO: If _ ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid . `:......... Account No. (0 ©C)o I Gulf st Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama COMMISSION EXRHES MAY 22, 2002 County of Baldwin Sworn to and subscribed before me this 5— day of e5z" 20 Qd Notary Public, Baldwin County, Alabama NOTICE OF PUBLIC HEARING t g�j,Bguvb ITown Notice Is hereby glwn that the I rPubl Subdivision I of Fakfiope, Baldwin County, earinng on the fuiloowfn I Aeaco�rdred le Map Boto ok 4�Pemg roof 87 ;proposed ordinance amending toning Ordinance No. 557; I of the records in the office of the on Monday, April 24, 2000 at 5:30 Judge of Probate of Baldwin County, Alabama, said lot being P.m., Fairhope Municipal Complex , t,.oundl Chamber, 161 North Section located on the East side of Oswalt I I Street North of Cole Court. Street, Fairhops, AL 36532. I All Persons who desire The classification of said shot rave an opportunity to be heard In property is hereby changed from R2•Single Family Residential to P1• avor of, or in opposition to, this Parking. Corr dosod ordinance and ll Invited to be present. are Thisshall h au be lawful s too .3eniece W. Johnson, Nty Clerk constructperty onsuch I property any structures permitted I ORDINANCE NO. by Ordinance No. 557 and to use said promises for An Ordinance Amending I)rdinance No. 557, known the any use permitted or building sought to be as !oning Ordinance 13E IT ORDAINEDCITY NTHE yTHE erected onsaid property shall be In compliance with the building t:OUNCILO OF CITYY OF °AIRHOPE, ALABAMA, as follows: that any of o trruucture al shall abe i known the The ordinance 'o ing an657), I approved by the Building Official I The Cityand ibe Ordinance (No, August any such eerected o nly in with such lathe vith the Zoning MapoftheCityof •airhope, be and the same hereby Including requirements of Ordinance No. 557. r s changed and altered in reaped o that certain property described I Severability Clause _ If any part, section of subdivision of this *low: The appropriate public notice ing hearof number ZC I ordinance shall be held unconstitutional or invalid for any u6a the g noning Commission reason, Such n shall not be construed o Invalidate or Impair l of the City of 'Fairhope, Alabama has forwarded the remainder of this ordinance, which shall continue in full force a favorable recommendation. bythe PropeFairhopee and effect notwithstanding such United Methodist odist Legal Description: holding. Nve Date _ This ordinance r Parcel A. From the SSouthwest corner shall tak0 effect immediately upon Its due adoption and of Sam_ 17, Township 6 [South, Range 2 East, run East I publication as required by law. along the Section line 329 let i End of Proposed Ordinance thence run North along the Eat C-4.1 side of Oswalt Street In the Town — of Falrhope, 820.15 feet to a point of beginning; thence run North o0- 02' West along Oswalt Street 203 feet, thence run North ego 58, East 150 feet, thence run South o0° 02, East 204 feet, thence run South 89' 58' West 150 feet to the point i of beginning; being In the Southwest quarto of Southwest quarter, Section 1� Township 6 South !N 2 East, Baldwin LCounty, Alabama. _ _ AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL p The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL p The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Alabama weekend Edition. (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate TOTAL: $ Yam. `76O Legal Ad Representative Linda Robinson BILL TO: R Cam— c:�) k ki ATrN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid . f ......... Account No. 6 d 00/ � e Gulf st Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSION EXPIRES MAY 22, 2002 Sworn to and subscribed before me this /2-- day of 20 6 0 Notary Ppblic, Baldwin County, Alabama — — - -t I t Second Notice of Public Hearing Notice Is hereby given the sec- t and time that the Falrhope City t Council will hold a public hearing 1 on a proposed ordinance amend- ing Zoning Ordinance No. 557; on MondayApril 24, 2000 at 5:30 p.m.; Fairhope Municipal Complex Council Chambers;161 North Sec. tion Street, Falrhope, AL 36532. All persons who desire shall have an opportunity to be heard in favor of, or in opposition to, this pro pPosed ordinance and are cor. 1 dlally invited to be present. Synopsis of Proposed Ordi- nance to be considered: Ordinance 1 Iprinted in full In April 1, 2000 issue of the Falrhope Courier: 1 To rezone property of Falrhope United Methodist Church from R2. Single Family Residential to P1- Parking Property owned by the Falr- hope United Methodist Church Legal Description: Parcel A. From the Southwest cor- ner of Section 17, Township 6 South, Range 2 East, run East along the Section line 329 feet, thence run North along the East t side of Oswalt Street In the Town of Falrhope, 820.15 feet to a point of beginning; thence run North 00' 02' West along Oswalt Street 203 feet, thence run North 89' 58' East 150 feet, thence run South 00° 02' 1 East 204 feet, thence run South t ev 58' West 150 feet to the point of beginning; being in the South- 1 west quarter of Southwest quarter, I Section 17, Township 6 South, Range 2 East, Baldwin County, 1 Alabama. Parcel B. Lot number one in the Stalskal Subdivision in the Town of Falrhope, Baldwin County, Ala- bama, according to plat thereof re- C corded in Map Book 4, Page 87 of the records in the office of the Judge of Probate of Baldwin Coun. t ty, Alabama, said lot being located on the East side of Oswalt Street North of Cole Court. C48 AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Ala Weekend Edition (includes The Fairhope Courier, TI Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rai -I — -2q 44 sit x . ( co TOTAL: $ 3. 4 Legal Ad Representative n Linc[a�Robin on BILL TO: --c ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid ....... .............. Account No. 60DOO('o Gulf . 1 Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama County of Baldwin MY COMMISSION EXPIRES MAY 22, 2002 Sworn to and subscribed before me this r day of "7� 20 00 C " Not ry Public, Baldwin County, Alabama ORDINANCE NO./0--ly —" 4 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE. ALABAMA, as follows: The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975. together with the Zoning Map of the City of Falrhope, be and the same hereby is changed and altered in respect to that certain property described below: The appropriate public notice and hearing of case number ZC 00.06, the Planning and Zoning Commission of tho City of Fairhope, Alabama, has forwarded a favorable recommendation, Property owned by the Falrhope United Methodist Church Legal Description: Parcel A. From lho Southwest corner of Section 17, Township 6 South, Range 2 East, run East along the section line 329 foot, thence run North along the East side of Oswalt Street In the Town of Falrhopo, $20.15 foot to a point or beginning; thence run North 00.02' West along Oswalt Street 209 fool, thence run North $9156' East 150 feet, thence run South 00.02' East 204 fool, thence run South 59*50' West 150 fast to the point of beginning; being In Ilia Southwest quarter of Southwest quarter, Section 17, Township 6 South, Rang 2 east, tlaldwin County, Alabama Parcel B. Lot number one In the Stslskal Subdivision In the Town of Falrhopo, Baldwin County, Alabama, according to plot thereof recorded In Map Book 4 Pago 67 of the records In the office of the Judge of Probate of Baldwin County, Alabama, sold lot being located on the East side of Oswalt Street North of Cola Court. The classification of said property Is hereby changed from R2-Single Family Residential to PI -Parking. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 557 and to use said premises for any use permitted or building sought to be orectod on said property shall be In compliance with the building laws of the City of Folrhops and that any structure sl(afi be approved by the Building Official of The City of Fairhops and that any such structure be erected only In compliance with such laws, including the requirements of Ordinance No. 557. Sovorablilty Clause - If any part, section of subdivision of this ordinance shall be held unconstitutional or In valid for an jreason, such holding shall not be construed to Invalidate or impair the remainder of this or inance. which ehafi continue In full force and effect notwithstanding such holding. ' Effective Data - This ordinance shall take affect immediately upon its due adoption and publication as required by low. ADOPTED THIS THE 241" DAY OF April , 2000. tie 9a, Genlece W. JohnsoreCity Clerk ftD am P. Nix, M or C-429 CITY OF FAIRHOPE ORDINANCE NO. 1081 ARTICLE I General Provisions Section A. The purpose of this ordinance is to provide for the protection of human health and the environment through the establishment of procedures to control discharges from commercial and industrial facilities, construction sites, and other sites subject to land disturbing activities. This ordinance provides measures that will preserve and maintain water quality, and the application of this ordinance shall not be deemed a limitation or repeal of any State statute. Section B. Definitions For the purpose of this ordinance, the following terms shall have the meaning given herein: Best management practices shall mean a wide range of management procedures, schedules of activities, prohibitions on practices and other management practices which have been demonstrated to effectively control the quality and/or quantity of storm water runoff and which are compatible with the planned land use. Development shall generally mean any of the following action undertaken by a public or private individual or entity: - the division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels or other divisions by plat or deed, - any land change, including, without limitation, clearing, tree removal, grubbing, stripping, dredging, grading, excavating, transporting and filling of land. Develop land shall mean to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration. Hazardous substance or material shall mean any substance or material defined as hazardous by the US Department of Transportation, the US Environmental Protection Agency, the Alabama Public Service Commission, the Alabama Department of Environmental Management or any other federal or state agency, including but not limited to the definitions and illustrations given in the Code of Federal Regulations, Title 40, Section 171.8, as may be amended from time to time. Land Disturbing Activity shall mean any grading, clearing, filling, draining, excavating, ditching or other earth disturbing operation that creates or aggravates erosion, or is likely to result in damage to adjacent lands, public or private, from erosion thereto or siltation thereof. Person shall mean an individual, partnership, association, syndicate, company, firm, trust, corporation, business, government entity, or any entity recognized by law. Ordinance No. 1081 Page -2- Illicit discharge shall mean any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges for the municipal separate storm sewer) and discharges resulting from fire fighting activities. Pollutant shall mean those pollutants specified in Code of Alabama 1975, Section 22-22-1 (b)(3) and any other effluent characteristics specified in a NPDES permit. Pollutants in the case of this ordinance shall also include sediments. Recoverable Expenses shall mean any and all expenses incurred by the City that are associated with an emergency or remedial action deemed necessary by the City to mitigate any condition which poses a significant present threat or potential hazard to human life, property or environment and which constitutes a violation under the terms of this ordinance. These expenses include but are not limited to the cost of labor, materials, equipment, professional fees, disposal fees, and permit fees. Storm water management shall mean the collection, conveyance, storage, treatment and disposal of storm water runoff in a manner to minimize channel erosion, flood damage, and/or degradation of water quality and in a manner to enhance and ensure the public health, safety, and general welfare. Storm drain or storm sewer shall mean a drain or sewer for conveying precipitation from a storm event. Storm water runoff shall mean the direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm drain and other concentrated flow during and following precipitation. Storm water system shall mean the system composed of ditches, gutters, culverts, pipes, and storm sewer designed to collect and convey the precipitation from a storm event. Water quality shall mean those characteristics of storm water runoff that relate to the physical, chemical, biological, or radiological integrity of the water. ARTICLE II Illicit Discharges Section A It shall be unlawful for any person, firm, or corporation to discharge a pollutant to the City's storm water system that will have a deleterious impact on the environment. Any pollutant, associated with an industrial or commercial activity that is covered by the National Pollutant Discharge Elimination System as dictated by 40 CFR 122.26, can be discharged to the City storm water system only if the discharge is covered by, an NPDES permit for storm water. Ordinance No. 1081 Page -3- Section B Where an illicit discharge is reasonably believed by the City of originating from a facility, it shall be the right of the City to designate employees, bearing proper credentials and identification, to enter facility grounds for the purpose of inspection, observation, measurement, sampling and testing in accordance with this ordinance. Section C Authority is hereby granted to the City by and through its duly designated enforcement officers to halt any discharge from a facility that is reasonably believed by the City to be potentially harmful to human health or the environment. Section D All costs incurred by the City in association with the ceasing of a potentially harmful discharge will be reimbursed by the discharging facility. The City may charge the cost against the subject land as a municipal lien, charges to be recovered in a suit at law against the owner. ARTICLE III Releases from Hazardous Materials Transportation Vehicles Section A The release or threatened release of hazardous materials into the environment in violation of this ordinance shall be considered a nuisance. It shall be unlawful for any person to permit, cause, or maintain any such nuisance within the City. Section B All persons, companies, other legal entities and all motor vehicles engaged in transportation operations for commercial purposes shall comply with all federal and state laws and regulations. These regulations shall include but are not limited to regulations enacted by the US Department of Transportation, Federal Highway Administration the US Environmental Protection Agency, the Alabama Department of Environmental Management and the Alabama Public Service Commission, as fully set out and incorporated herein. Any violation of the above laws or regulations shall be a violation of this ordinance. The City police department is hereby authorized to stop and inspect any vehicles reasonably believed to be engaging in improper transportation operations, which can potentially lead to a release in order to ensure compliance with this ordinance. Section C It shall be unlawful for any person or other legal entity to transport, convey, store or offer for transportation any hazardous material as defined herein, unless such material is properly packaged, marked, labeled and accompanied by the proper documentation as required by Title 49 of the Code of Federal Regulation. Section D Any person responsible for a release or threatened release of hazardous materials into the environment, which results in an emergency action, shall be liable to the City for the City's recoverable expenses resulting from such action. The staffs of each City department involved in an emergency action to stabilize a release shall keep a detailed record of its recoverable expenses resulting from the emergency action. Promptly after completion of the emergency action, the staff shall certify those expenses with the City Clerk. The City Clerk shall mail an invoice to the person responsible for the emergency action. The invoice shall be payable within thirty days and if payment is not received within thirty days the City may initiate a civil action for the collection of the claim. This civil action shall be in addition to and not in lieu of any criminal prosecution or penalty. Ordinance No. 1081 Page -4- The recoverable expenses resulting from an emergency response to any spill or release of a hazardous substance, as defined herein, which poses a significant present threat or potential hazard to human life, property or environment, shall be a charge against the person or entity whose conduct or conduct of its employees, agents or contractors, caused or permitted the incident resulting in the emergency response. ARTICLE IV Control of Runoff from Land Development Section A No person shall undertake any actions to develop land without having provided for appropriate storm water management measures that control or manage runoff in compliance with this ordinance. Management measures shall include, but shall not necessarily be limited to, the following: Hay bale barriers: Silt fences; Earth berms; Retaining walls; Ditch checks; Rip rap dams; Placement of Mulch; Re -vegetation of exposed ground; Storm water retention devices or sediment traps; and any measure certified by an Alabama professional engineer. Section B (1). In developing plans for residential subdivisions, individual lots in a residential subdivision development shall not be considered to be separate land disturbing activities and shall not require development of a storm water management plan. Instead the residential subdivision development, as a whole, shall be considered to be a single land disturbing activity. Hydro logic parameters that reflect the ultimate subdivision development shall be used in all engineering calculations. If individual lots or sections in a residential subdivision are being developed by different property owners, all land disturbing activities related to the residential subdivision shall be covered by the approved storm water management plan for the residential subdivision. When obtaining a building permit, individual lot owners or developers shall sign a certificate of compliance that all activities on the lot will be carried out in accordance with the approved plan. Residential subdivisions, which were approved prior to the effective date of these regulations, are exempt from these requirements. Development of new phases of existing subdivisions, which were not previously approved, shall comply with the provisions of these regulations. Ordinance No. 1081 Page -5- (2). For all land disturbing activities for the purposes of multifamily residential or commercial usage, the person responsible for the land disturbing activity shall submit, prior to final plat approval or issuance of a building permit, a simplified storm water management plan. This plan will require approval of the City Building Inspector, but not professional certification. The requirements of this plan are presented below: -A narrative description of the storm water management facilities to be used; -A general description of topographic and soil conditions of the development site; -A general description of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties; -A sketch plan to accompany the narrative which shall contain: -A site location drawing of the proposed project, indicating the location of the proposed project in relation to roadways, jurisdictional boundaries, streams and rivers; -The boundary lines of the site on which the work is to be performed; -All areas within the site, which will be included in the land disturbing activities, shall be identified and the total disturbed area calculated; -A topographic map of site; -Anticipated starting and completion dates of the various stages of land disturbing activities and the expected date the final stabilization will be complete; -The location of temporary or permanent vegetative and structural storm water management control measures -Storm water management plans shall contain certification by the persons responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the plan and that the any and all management control structures will be maintained in such as a manner as to prevent and minimize the threat or potential hazard to human life, property or the environment. -Storm water management plans shall contain certification by the person responsible for the land disturbing activity that the City Building Inspector has the right to conduct on -site inspections. (3) For all land development activities greater than five (5) acres in area, a copy of the NPDES Permit as required by the Alabama Department of Environmental Management (ADEM) must be submitted to the City Building Inspector prior to final plat approval or issuance of a building permit. Section C A list of fees for plan reviews and other fees associated with this ordinance can be obtained from the City Building Inspector. Section D Storm water management facilities may include both structural and nonstructural elements. Natural swales and other natural runoff conduits shall be retained where practicable. Where additional storm water management facilities are required to satisfy the minimum control requirements, the following measures are examples of what may be used: -Storm water detention structures (dry basins); -Storm water retention structures (wet ponds); -Facilities designed to encourage overland flow, slow velocities of flow, and flow through buffer zones; and -Infiltration practices Ordinance No. 1081 Page -6- Where detention and retention structures are used, consolidation of these facilities into a limited number of large structures will be preferred over designs that utilize a large number of small structures. Storm water management plans and plans for future maintenance can be rejected by the City Building Inspector if they incorporate structures and facilities that will demand considerable maintenance, will be difficult to maintain, or utilize numerous small structures if other alternatives are physically possible. The landowner and/or property manager shall be responsible for the maintenance of all stormwater management structures or controls. The landowner and the property manager, if different from the owner, will be jointly and severally liable for any damages caused to public or private property by their failure to properly maintain the control structures. Should the City deem that the failure to maintain the control structure(s) poses a significant present threat or potential hazard to human life, property or the environment, the City shall have the authority to enter upon the premises and take any remedial action necessary to maintain or repair the structure in such a manner as to remove the threat or hazard damage. The property owner or property manager shall be liable to the City for the City's recoverable expenses resulting from such action. The staffs of each City department involved in the remedial action to shall keep a detailed record of its recoverable expenses resulting from the action. Promptly after completion of the action, the staff shall certify those expenses with the City Clerk. The City Clerk shall mail an invoice to the person responsible for the emergency action. The invoice shall be payable within thirty days and if payment is not received within thirty days the City may initiate a civil action for the collection of the claim. This civil action shall be in addition to and not in lieu of any criminal prosecution or penalty. The recoverable expenses resulting from any remedial response or action required by the improper maintenance of any storm water management control structure which poses a significant present threat or potential hazard to human life, property or the environment, shall be a charge against the person or entity whose conduct or conduct of its employees, agents or contractors, caused or permitted the incident resulting in the remedial response. Said recoverable expenses shall also be a lien against the subject property and said lien shall be recorded in the records of the Judge of Probate by the City Building Inspector. The drainage system and all storm water management structures within the City will be designed in accordance with the technical criteria and standards established by the City Building Inspector. ARTICLE IV Miscellaneous Provisions Section A Variances. The City Building Inspector may grant a variance from the requirements of this ordinance if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of the ordinance will result in unnecessary hardship and not fulfill the intent of the ordinance. A written request for a variance shall be required and shall state the specific variance sought and the reasons, with supporting data, for their granting. The request shall include descriptions, drawings, calculations and any other information that is necessary to evaluate the proposed variance. Ordinance No. 1081 Page -7- The City Building Inspector will conduct a review of the request for a variance within fifteen (15) working days. Failure of the City Building Inspector to act by the end of the twentieth working day will result in the automatic approval of the variance. Section B Appeals. Any person aggrieved by a decision of the City Building Inspector (including any decision with reference to the granting or denial of a variance from the terms of this ordinance) may appeal by filing a written notice of appeal with the City Building Inspector within thirty calendar days of the issuance of the decision -by the City Building Inspector. The City Building Inspector may reverse his/her decision or send this notice to the City Council. A notice of appeal shall state the specific reasons why the decision of the City Building Inspector is alleged to be in error and the City Building Inspector shall prepare and send to the City Council and the Appellant, within 15 days of receipt of the notice of appeal, a written response to said notice of appeal. All such appeals shall be heard by the City Council at a regularly scheduled meeting, not to exceed thirty days after receipt of the notice of appeal or at such other time as may be mutually agreed upon in writing by the Appellant and the City Council. The City Council will then render a decision within fifteen days after the appeal has been heard. Section C Penalties. Upon determination that a violation of this ordinance has occurred the City shall provide the violator written notice of the violation and the time in which to correct the deficiencies. Any person violating this ordinance or any part thereof shall be guilty of a misdemeanor, and upon conviction, fined not less than Two Hundred Dollars ($ 200.00) nor more than Five Hundred Dollars ($ 500.00) and, in addition thereto, may be imprisoned for a term of not more than six months, at the discretion of the Municipal Court. Each separate interval of 24 hours, or every day that such violations continue are committed or exist, shall constitute a new and separate offense and shall be punished, as aforesaid, for each separate period of violation. The City may institute injunctive, mandamus or other appropriate action or proceedings at law or equity for the enforcement of this ordinance or to correct violations of the ordinance, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief. Section D Whenever the provision of this ordinance imposes more restrictive standards than are required in or under any other ordinance or regulation, the regulations herein contained shall prevail. Whenever the provisions of any other ordinance or regulation require more strict standards than are required herein, the requirement of such shall prevail. Section E If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by declaration of any court of competent jurisdiction, such declaration shall not affect the validity of remaining portions of this ordinance. The City Council hereby declares that it would have adopted, this ordinance and each section, sentence, clause, or phrase thereof irrespective of the fact that one or more articles, sections, sentences, clauses, or phrases be declared invalid or unconstitutional. Ordinance No. 1081 Page -8- Section F This ordinance may be amended in the manner as prescribed by City procedure for ordinance amendment. Section G Neither the approval of a plan under the provisions of this ordinance nor the compliance with the provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor shall it impose any liability upon the City for damage to any person or property. This ordinance shall take effect on its due adoption and publication as required by law. Adopted this-1 6 1h day of March 2000. Approved: mesh'. Nix, Mayor Attested: Geniece W. Johnson, CitV Clerk I, the undersigned qualified and City Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing is a true copy of an Ordinance lawfully passed and adopted by the City Council of the City named therein, at a regular meeting of such Council held on the 16`h day of March 2000, and that such Ordinance is of record in the minute book of the City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City on this the day of 2000. City Clerk �w =j U � V U aw a =h CC o �� Z vLU 0 1—OT - .r AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL ❑ The Fairhope Courier, Fairhope, AL ❑ The Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL ❑ The Ledger, Elberta-Lillian, AL a weekly newspaper published in Baldwin County, Alabama Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate TOTAL: $ S y u . 5 CD Legal Ad Representative Linda R binson BILL TO: ATTN P.O./File Number FOR OFFICE USE ONLY Paid ...................... Unpaid. ......... Account No. (D 0 W i ( Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 State of Alabama MY COMMISSION EXPIRES MAY 22, IQQ� County of Baldwin Sworn to and subscribed before me this Zk day of 2000!j-- _u� Notdry Public, Baldwin County, Alabama Section A The purpose of this ordinance is to provide for the protection of human health and the environment through the establishment of procedures to control discharges from commercial and industrial ' facilities, construction sites, and other sites subject to land disturbing' activities. This ordinance provides measures that will preserve and maintain water quality, and the application of Section C this ordinance shall not be deemed a limitation or repeal of any State statute. Section B Definitions For the, purpose of this ordinance, the following terms shall have the meaning given herein: Section D Best management practices shall mean c wide range of management procedures, schedules of activities, prohibitions on practices and other management practices which have been demonstrated to effectively control the quality and/or quantity of storm water runoff and which are compatible with the planned land use. . Development shall generally mean any of the following action undertaken by a . .public or private individual or entity: • the division of a lot,tract or parcel of land into two or more lots, plots, sites, tracts, parcels or other divisions by plat or deed, - any land change, including, without limitation, clearing, tree removal, grubbing, stripping, dredgipg, grading, excavating, transporting and filling of land. Develop land shall mean to change the runoff characteristics or a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration. Hazardous substance or material shall mean any substance or material defined as hazardous by the US Department, of Transportation, the US Environmental Protection Agency, the Alabama Public Service Commission, the Alabama ,Department of Environmental Management or any other federal or state agency, including but not limited to the definitions and illustrations given in the Code of Federal Regulations, Title 40, Section 171.8,' as may be amended from time to time. Land Disturbing Activity shall mean any grading, clearing, filling, draining, excavating, ditching or other earth disturbing operation that creates or aggravates erosion, or is likely to result in damage to adjacent lands, public or private, from erosion thereto or siltation thereciE Person shall mean an individual, -partnership, association, syndicate, company, firm, trust, corporation, business, government entity, or any entity recognized by law. Illicit discharge shall mean any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges for the municipal separate storm sewer) and discharges resulting from fire fighting activities. Pollutant shall mean those' pollutants specified in Code of Alabama 1975, Section 22-22-1 (b)(3) . and any other effluent characteristics specified in a NPDES permit. Pollutants in the case of this ordinance shall also include sediments. Reeover2ble-IExpenses shall mean any and all expenses incurred by the City that are associated with an emergency or remedial action deemed necessary by ,,the City to mitigate any condition which poses a significant present threat or potential hazard to human life',"property or environment arid'vehich constitutes a :73tv6t,grra+iolationaundea4he terms ofthis mfordinance. cnsos tn'clude but.; e.t ,oµ, .. a?�a These ex It �. ""�limiied•" tb the cost of ta5dt�; �tlt'Sferiii7s,"'tgiuptiient, ,professional fees;"di"sposaT"".-� fees, and permit fees. Storm water management shall mean the collection, conveyance, storage, treatment and disposal of storm water runoff in a manner to minimize channel erosion; flood damage, and/or degradation of water quality and in a manner to enhance and ensure the public health, safety, and general welfare. . Storm drain or storm sewer shall mean a drain or sewer 'for conveying precipitation from a storm event. " Storm water runoff shall meant the direct response of .a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm drain and other concentrated flow during and following precipitation. :Storm water system shall mean the system composed of ditches, gutters, culverts, pipes, and storm sewer designed to collect and convey the precipitation from a storm event. Water quality shall mean those characteristics of storm water runoff that relate to the physical, Chemical, biological, or radiological integrity of the water. ARTICLE 11 Illicit Discharges Section A It shall be unlawful for any person, firm, or corporation to discharge a pollutant to the City's storm water system that will have a deleterious impact on -the environment. Any pollutant, associated with an industrial or commercial activity that is covered by the National Pollutant Discharge Elimination System as dictated by 40 CFR 122.26, can be discharged to the City storm water system only if the discharge is covered by, an NPDES permit for storm water. Section B Where an illicit discharge is reasonably believed by the City of originating from a facility, it shall, be the right of the City to designate employees, bearing proper credentials and identification, to enter facility grounds for the purpose of inspection, observation, measurement, sampling and testing in accordance with this ordinance. Section C Authority is hereby granted to the City by and through its duly designated enforcement officers to halt any discharge from a facility that is reasonably believed by the City to be potentially harmful to human health or the environment. Section D All costs incurred by the City in association with the ceasing of a potentially harmful discharge will be reimbursed by the discharging facility, The City may charge the cost against the subject land as a municipal lien, charges to be recovered in a suit at law against the owner, t ARTICLE III Releases from Hazardous Materials Transportation Vehicles Section A The release or threatened release of hazardous materials into the environment in violation of this ordinance shall be considered a nuisance. It_ shall be unlawful , for any person to permit, cause, or maintain any such nuisance within the City. Section,B All persons, companies, other legal entities and all motor vehicles engaged in ;wz.;, transportation operations f2r commercil purposes shall comply with all federal Section Section B and state laws and regulations. These regulations shall include but are not Iimited to regulations enacted by thgl US Department of Transportation, Federal Highway Administration the USJ Environmental Protection Agency, the i Alabama Department of Environmental Management and the Alabama Public i Service Commission, as fully set oIlrbe and incorporated herein. Any violation of the above laws or regulations shaa violation of this ordinance, The City police department is hereby authorized to stop and inspect any vehicles reasonably believed to be engaging l7 improper transportation operations, which can potentially lead to a release P Y i order to ensure compliance with this ordinance. 't It shall be unlawful for any person dr other legal entity to transport, convey, store or offer for transportation any l dous material as defined herein, unless such material is properly packaged, (marked, labeled and accompanied by the proper documentation as required by Title 49 of the Code of Federal Regulation, Any person responsible for a rele�a or threatened release of hazardous materials into the environment, which results in an emergency action, shall be liable to the City for the City's recoverable expenses resulting from such action. The staffs of each City department in�lolved in an emergency action to stabilize i a release shall keep a detailed record laf its recoverable expenses resulting from the emergency action. Promptly afte, completion of the emergency action, the staff shall certify those expenses with the City Clerk, The City Clerk shall mail I an invoice to the person responsible f1!r the emergency action. The invoice shall be payable within thirty days and if llayment is not received within thirty days the City may initiate a civil action for the collection of the claim. This civil action shall be in addition to and nt in lieu of any criminal prosecution or penalty. The recoverable expenses resulting firm an emergency response to any spill or R release of a hazardous substance, as defined herein, which poses a significant present threat or potential hazard to human life, property or environment, shall be a charge against the person or entity whose conduct or conduct of its employees, agents or contractors, caused or permitted the incident resulting in the emergency response. GULF COAST NEWSPAPERS, March 25, 2000, Page 9B of the proposed project in relation to roadways, jurisdictional boundaries, streams and rivers; -The boundary lines of the site on which the work is to be performed; -All areas within the site, which will be included in the: land disturbing activities, shall be identified and the total disturbed area calculated; -A topographic map of site; -Anticipated starting and completion dates of the various stages of land disturbing activities and the expected date the final stabilization will be complete; -The location of temporary or permanent vegetative and structural storm water management control measures -Storm water management plans shall contain certification by the persons responsible for the land disturbing activity that the land disturbing activity win be accomplished pursuant to the plan and that the any and all management control structures will be maintained in such as a manner as to prevent and minimize the threat or potential hazard to human life, property or the environment. -Storm water management' plans shall contain certification by the person responsible for the land disturbing activity that the City Building Inspector has the right to conduct on -site inspections, (3) For all land development activities greater than five (5) acres in area, a copy of the NPDES Permit as required by the Alabama Department of Environmental Management (ADEM) must be submitted to the City Building Inspector prior to final plat approval or issuance of a building permit. Section D A list of fees for plan reviews and other fees associated with this ordinance can be obtained from the City Building Inspector. m Section E Storm water management facilities may include both structural and nonstructural elements. Natural swales and other natural runoff conduits shall be retained where practicable. Where additional storm water management facilities are required to satisfy the minimum control requirements, the following measures are examples of what maybe used: -Storm water detention structures (dry basins); -Storm water retention structures (wet ponds); ARTICLE IV -Facilities designed to encourage overland flow, slow velocities of flow, Control of (Runoff from'Land Development and flow through buffer zones; and A No person shall undertake any actions to develop land without having provided -Infiltration practices for appropriate storm water managcment measures that control or manage runoff in compliance with this ordinance. Management measures shall include, but Where detention and retention structures are used, consolidation of these shall not necessarily be limited "to, the following: facilities into a limited number of large structures will be preferred over designs a bar o_t s all structurem.; tiaat,utilize a large.nym - Silt fences; Earth, berms; Retaining walls; Ditch checks; Rip rap dams; Placement of Mulch; Revegetation of exposed ground; Storm water retention devices or sediment traps; and any measure certified by an Alabama professional engineer. (1). In developing plans for residential subdivisions, individual lots in a residential subdivision development shall not be considered to be separate land disturbing activities and shall not require, development of a storm water management plan. Instead the residential subdivision development, as a whole, shall be considered to be a single land disturbing activity. Hydrologic parameters that reflect the ultimate subdivision development shall be used in all engineering calculations. If individual lots or sections in a residential subdivision are being developed by different property owners, all land disturbing activities related to the residential subdivision shall be covered by the approved storm water management plan for the residential subdivision, When obtaining a building permit, individual lot owners or developers shall sign a Certificate of compliance that all activities on the lot will be carried out in accordance with the approved plan. Residential subdivisions, which were approved prior to the effective date of these regulations, are exempt from these requirements. Development of new phases of existing subdivisions, which were not previously approved, shall comply with the provisions,of these regulations, (2). For all land disturbing activities for the purposes of multifamily residential or a commercial usage, the person responsible for the land disturbing activity shall submit, prior to final plat approval or issuance of a building permit, a simplified storm water management plan. This plan will require approval of the City Building Inspector, but not professional certification. The requirements of this plan are presented below: -A narrative description of the storm water management facilities to be used; -A general description of topographic and soil conditions of the development site; -A general description of adjacent property and it .description of existing structures, buildings, and other fisted improvements ,located on surrounding properties; -A sketch plan to accompany the narrative which shall contain: A site location drawing of the proposed projecf indicating the location Storm water management plans and plans for future maintenance can be rejected by the CityBuilding Inspector if they incorporate structures and facilities that will demand considerable maintenance, will be difficult to maintain, or utilize numerous small structures if other'alternatives are physically possible. The landowner and/or property manager shall be responsible for the maintenance of all stormwater management structures or controls. The landowner and the property manager, if different from the owner, will be jointly and severally liable for any damages caused to public or private property by their failure to properly maintain the control structures. Should the City deem that the failure to maintain the control structure(s) poses a significant present threat or potential hazard to human life, property or the environment, the City shall have the authority to enter upon the premises and take any remedial action necessary to maintain or repair the structure in such a manner as to remove the threat or hazard damage. The property owner or property manager shall be liable to the City for the City's recoverable expenses resulting from such action. The staffs of each City department involved in the remedial action to shall keep a detailed record of its recoverable expenses resulting from the action. Promptly after completion of the action, the staff shall certify those expenses with the City Clerk. The City Clerk shall mail an invoice to the person responsible for the emergency action. The invoice shall be payable within thirty days and If payment is not received within thirty days the City may initiate a civil action for the collection of the claim. This civil action shall be in addition to and not in lieu crony criminal prosecution or penalty. The recoverable expenses resulting from any remedial response or action required by the improper maintenance of any storm water management control structure which poses a significant present threat or potential hazard to human life, property or the environment, shall be a charge against the person or entity whose conduct or conduct of its employees, agents or contractors, caused or permitted the incident resulting in the remedial response. Said recoverable expenses shall also be a lien against the subject property and said lien shall be recorded in the records ofthe Judge of Probate by the City Building Inspector. The drainage system and all storm water management structures within the City will be designed in accordance with the technical criteria and standards established by the City Building Inspector. ARTICLE TV Continued on next page Pagel OB, GULF COAST NEWSPAPERS, March 25, 2000 1 I , . 71_� Legal ot lce!Q% , ,_�A ,Z�& - I _",- I I 1, the undersigned qualified and act�g Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing i� a true copy of an Ordinance lawfully passed and . I . I I I adopted by the City Council of the City reified therein, at a regular meeting of such Council ' I I by the Honorable Adrian T. Johns, Pages MI, as such condominium Judge of Probate Court of Baldwin Is further described and defined by County, notice Is hereby given that L the plans and 'other graphic do. all persons having claims against scrlptlons of Cotton Bayou Condo• cried, and the City Council of the , City of Foley dooms it .necessary, , for the- Purpose of promoting the , health, safety, morals and general .. — From previous page N held on the 16th day of March 1 2000, and that such Ordinance is ofrecord in the minute book of the City. said estate are hereby required to present the same within time miniums dated,Juns 2, 1983 re- corded in Apartment Book 6, Page ' welfare of the 'Cfty to amend said , Ordinance, and - Miscellaneous Provisions allowed by law or the same will be barred. 112 et seq., and further defined by plans and other graphic descrip- WHEREAS, all requirements to the laws of the State of Alabama, I IN WITNESS WHEREOF, I have h I-nto set my hand and affixed the official seat of Dorothy P. Mathis tion of Cotton Bayou Condomini- with regard to the preparation of the City on this the _ day o - 2000. Personal Representative ums dated September 27, 1983 the report of the Foley Planning . John V. Duck . 1 �, � i . and recorded in Apartment Book 6, Commission and subsequent ac- I I . I Duck, Calhoun& Taylor Pages 264, existing on that date tion of the City Council have been Section A Variances. The City Building Inspector may grant a variance from the I I Post Office Box 1188 Filrhope, AL 36533 generally and defining the above named unit specifically, together Met. NOW, THEREFORE, BE IT OR. requirements of this ordinance if there are exceptional circumstances applicable City Clerk C-3-25 C-3-11-18-25 with an undivided interest in the common areas and facilities as- DAINED BY THE CITY COUNCIL ' OF THE CITY OF FOLEY; ALABA- ' to the site such that strict adherence to the provisions of the ordinance will result FIRST NOTICE OF PUBLIC HEARING �II 334-937-7412 C-34-11.18-25 Plaintiff VS. signed to such unit In sold Docla- auto- ration which interest shall a MA, while in regular session March 20, 2000, as followsg Notice of Appointment I I Notice is hereby given, the first --- FORECLOSURE NOTICE Bobby Jo Bailey & Cathy J k ones Defendant to be Published Probate Court matically change In accordance with the provisions thereof. Section 1. That the official Zon- ing Map of the City of Foley, Alaba- in unnecessary hardship and not fulfill the intent of the ordinance . time that the City Council of the City of Daphne will hold a Public Default hating been made in Claim: 25,615.89 + int. Estate of L This sale is made for the pur- ma be amended to rezone the por- Hearing on Monday, April 17, 20M at 6:30 p in. in the Council Cham- the payment if the indebtedness described In ind secured by that For. Breach of Contract Affidavit having been filed here- Lucille Crosby McDowell Letters Testamentary on the pose of realizing the mortgage , together with all expenses of tion of property previously zoned R-1A Residential Single Family, to bers at City Hall, 1705 Main Street, certain mortgage executed by In that service of process cannot estate of said deceased having the sale, including a reasonable At. A-0, Agriculture Open Space; said description as follows: A written request for a variance shall be required,and shall state the sp specific Daphne, Alabama. The public is Carole C. Arrold f/k/a Carole C. Weir and Edmund Arnold, wife and be made because either the real- dance of defendant is unknown been granted to the undersigned on the 25th day of February, 2000, torney's fee. State Street Bank and property Tax Map No. 61.03-05-0-000- variance sought and the reasons, with supporting data, for their granting. an n ti S. The welcome to attend and offer com- manta regarding a proposed )posed Ordi- nance for the adoption of the 1999 . husband to AmSouth Bank N.A. � dated the 211siday of March, 19N, and cannot with reasonable dill- gence be ascertained, or, the Iden- by the Honorable Adrian T. Johns, Judge of the Probate Court of Trust Company, as Trustee 017.00 The Southwest Quarter of the I Pre- Edition of the Standard Fire P and recordec� in Real Property Book 665,1844 Of the tity of defendant is unknown, or, Baldwin County, notice is hereby ' Assignee Rushton, Stokely, Johnston Southeast Quarter of Section 5, Township 6 South, Range 4 East, request shall include descriptions, drawings, calculations and any other vention Code. Ordinance No. 20OD- I � , records in the Igo Off! ice of the Judge the resident defendant has been absent for more than thirty days given that all persons having claims against said estate are & Garrott, P.A. . Baldwin County, Alabama. I I information that is necessary to evaluate the proposed variance. . Fire Prevention Code for the City of Daphne of Probate, Alabama, notbo ._ f Baldwin County, is hereby given since the filing of this suit, or that defendant avoids service and hereby required to present the same within time allowed by law or . Bowdy J. Brown, Esquire 184 Commerce Street LESS AND EXCEPT: Commenc- in at the purported Southeast cor- An Ordinance to reps a[ Ordinance that the undegigned � said Mortgag ' 0 " I as holder of , will will under power of avers facts showing such avoid- ance. the same will be barred. Jessie McDowell Key and Montgomery, Alabama 36104 Our File No.: 4382-229 ner of the Southwest 114 of the Southeast 114 of Section 5, Town - I I No. 1998-11 and to adopt the 1999 Edition of the Standard Fire Pre- wita sale contains In said mortgage, Now therefore said defendant Samuel N. Crosby Attorneys for Assignee _ ship 8 South, Range 4 East; thence. , North 00* S' 1 8" West, 40.17 feet to The City Building vention Code with amendments sell at public highest biddei, for cash to the during legal hours Is hereto commanded within thirty X Personal Representatives C-3-25;4.1.6 the North right-of-way of Baldwin Inspector will conduct a review of the request for a variance thereto for the City of Daphne, Ala- barns, of sale on th25th day of April, days after the last publication hereof to plead to the said com- T. Deven Moore, Stone, Granada & Crosby State of Alabama County Road No. 20, same also be - , . I within fifteen (IS) working days. Failure of the City Building Inspector to act by Be it ordained by the City Coun- 2000, at the front door of the C � Baldwin County, plaint, to wit: May 15, 2000. Post Office Drawer 1 509 . County of Baldwin Probate Court for said County ing the point of beginning of the parcel herein described; thence cil of the City of Daphne, Alabama that: Alabama, Courthouse Square, Bay Issued. 3191co I Jackie N. Calhoun Bay Minette, AL 36607 . 0-3-11.18-25 this 25th day of February, 2000 South 89' 67' 28" West along the end of the twentieth working day will result in the automatic approval of the The 1999 edition of the Stand- Minette, Alabama 36607, the Clerk, Circuit Court — Notice of Appointment Notice of Publication to Probate Will North right-of-way 150.00 feet; thence Worth 00' 05' 16" West, I I variance. I and Fire Prevention Code, copy- . right 1999 by the Southern Build- following clesliffied real property In the County -of Baldwin, State of Baldwin County, Alabama Kent D. McPhail , to be Published Probate Court To: James B. Harper, Kenneth Gary Johnson, Max Does, I Nancy 290.00 feet; thence North 89' 58' 28" East, I 60.00 feet; thence South ing Code Congress International Incorporated, with amendments Alabama, being the some property described in the above referred to Dumas & McPhail, L.L.C. 126 Government Street I Estate of Carol Johnson Duvall, Paul Richard Dees, Steven 00* 03' 18" East, 290.00 feet to the of beginning. . thereto, has heretofore been on file mortgage: J The East 1/2) Lot Mobile, AL 36602 Ards Lee Blackard Letters Testamentary on the M. Harper, Tommy Does . point Section 2. That the official Yon - . . in the Office of the City Clerk of the City of Daphne, Alabama, pursuant ftlf (E of Eight and I (')' allLot Nine (9" ; 334438-2333 C,3-25;4-1-8-16 estate of said deceased having been granted to the undersigned You will hereby take notice, that on this day came Peyton M. Ing Map of the City of Foley be re- - - vised to Indicate this amendment Section 8 Appeals. Any person aggrieved by a decision of the City Building Inspector to Resolution Na. 20OD-1 5 adopted by City Council City the a H , W I of Lot T - h westTen (10 W I a , ( � ,Block . (1) Division we Legal Notice on the 29th day of February, 2DOO, Walker and produced to the Court and duly certified by the appropri- I (including any decision with reference to the granting or denial of the of the of Daphne, Alabami,' on the 20th day ( ) �' 2 Gulf Wood, ..Cording to .up recorded in MAP Book,3, Page 6, Notice to Defendants of Complaint Issued out of the Circuit Court of by the Honorable Adrian T. Johns, Judge of Probate Court of Baldwin a paper writing, purporting to be the Last will and Testament Of Ate municl �a' officials. Passed Adopted and Approved a variance C* 1 of March, 2000, Is hereby adopted as the "Fire Prevention Code of the records of the Probate Court of Baldwin CounV, Alabama. Baldwin County, Alabama, in this case entitled "Bombardier Capital, County, notice I a hereby given that all persons having claims Ethel 0. Starr, Deceased, and moves the Court to admit the said this 201h day of March, 2000. R. Timothy Russell, Mayor - I from the terms of this ordinance) may appeal by filing a written notice of appeal I City of Daphne" Section 1: Amendments Said sale, Is made for the Inc. vs. Patrick Dodd" against said estate are hereby Will to Probate and Record. ATTEST: A. Pe Wilbourne, CRIC with the City Building Inspector within thirty calendar days of the issuance of A. Sedon'101.4 of the 1999 Ecil- tion the Standard Fire Proven- purpose of, �ipaylng Indebtedness [and the said the expenses Case Number CV-99-573 Notice is hereby given in the required to present the same within time allowed by law or the You are notified to be and a appear before an , at Any office In r City A ministrator/Clork of Lion Code shall be repealed In Its Incident to thIs sale, including a above entitled cause: some will be barred. the Court House of said County at 1 0-3-25 —_ the decision -by the City Building Inspector. The City Building Inspector may entirety and a now Section 101.4 reasonable attorney's fee. � AmSouth Bank N.A. That on the 11th day of June, 1999, the above named Plaintiff Vernon M. Blackard Jr. Personal Representative 9:00 a.m., on the 28th day of March, 2000, when the motion will I Legal Notice reverse hiAcr decision or send this notice to the City Council. A notice of shall be added to read as follows: "101A Bureau of Fire Proven- Hoof said Mortgage. Both McFadden Rouse filed in the Baldwin County Circuit Court . cause of action against the Mary E. Murchison Murchison & Sutley be considered, and show, N anything you have to allege, why Notice of Meeting The State Oil and Gas Board of I � thereby tion. There Is hereby established a department to be called the BureauMcFadden,above named Defendants for the Post Office Box 1320 said paper writing should not be Alabama will hold its regular appeal shall state the specific reasons why the decision of the City Building of Fire Prevention and the person & Rouse, L.L.C.sum of $22,393.45, plus interest Foley, AL 36536 admitted to Probate and Record, monthly meeting at 10:00 a.m. on . in charge shall band in this 718 DowntoWer Boulevard and fees. 0,3.18.25;4-1 as the true Last Will and Fri - Wednesday, April 5, 2000 and Fri - Inspector is alleged to be in error and the City Building Inspector shall prepare Code as the Fire Official, who shall Mobile, Alabasha 36609 , 1� L-1-_21±1 .8 That on said 10th of February, 2000, M. Donald Davis Jr., attorney __ __ Notice of Appointment Testament of sold decedent. Adrian T. Johns day, April 1 7, 2000 in the Board Room of the State Oil and Gas be the Fire Inspector of the City of Daphne, and who Is charged with - Circuit ' for Plaintiff, filed in the above to be Published Judge of Probate Board Building, University of Ala - and send to the City Counc, it and the Appellant, within IS days of receipt of the the administration and enforce- In the Baldwin Oounty, Court of , Alabama entitled cause an affidavit stating that the Defendants have been Probate Court Estate 00,u John V. Duck . Duck, Calhoun & Taylor bama Campus, Tuscaloosa, Alaba- ma, to consider among other Items I I notice of appeal, a written response to said notice of appeal. ment of the Standard Fire Preven- tion Code." Case NolCV 99000963 Baldwin County Eastern Shore avoiding service for a period in excess of thirty (30) days. ,Joseph Wolfson Letters of Administration on Post Office Box 1188 Fairhope, AL 36533 of business the following petition: AMENDED . B. Section 601.1.1, of the 1999 Edition of the Standard Fire Pre- Hospital Board, Inc. d/b/a Thomas Hospital, Now Therefore, the same the estate of said deceased having . C-3-11.18-25 Docket No. 4-5-2N020 vention Code shall be repealed in its entirety and a new Section I Plaintiff, Patrick Dodd Is hereby commanded to answer or plead by been granted to the undersigned on the 9th day of March, 20DO, by Notice of Public Sale Petition by Exxon Mobil Corpow ration, a foreign corporation, au - I I ' 501.1.1 shall be added to read as VS. Richard F. Hurst May 8, 2000, to the Complaint filed in the above entitled cause. the Honorable Adrian T. Johns, Judge of the Probate Court of B & 6 Mini Storage, pursuant to the "Self Service Storage Act" thorized to do and doing business in the State of Alabama, requesting All such appeals shall be heard by the City CouncH at it regularly scheduled follows: . "501.1.1 No person shall kin- Defendant I Witness my hand this 28th day Baldwin County, notice Is hereby (1981 Al. Acts #81.769) hereby the State Oil and Gas Board to an. I meeting, not to exceed thirty days after receipt of the notice of appe All or at - I die or maintain any bonfire or rub- bish fire or authorize any such fire Notice of Publication to: - Richard F. Hurst 207 Ridgewood of February, 2000. Jackie N. Calhoun, given that all persons having claims against said estate are gives notice of sale under said act to wit: April 1, 2000 at 9 a.m. at B & t at an order approving an excep- tion to Rule 400.3-3-.04(d) of the such to be kindled or maintained with- . Daphne, Dr. AL 36526 . Clerk of the Circuit Court of Baldwin County, Alabama hereby required to present the same within time allowed by law or B Mini Storage, 16151 Greeno Rd., Falrhope, AL. Lessor will conduct ass of f I . State Oil and G Board A aba me Administrative Cods pertaining other time as may be.mutually agreed upon in writing by the Appellant and the out a permit or other proper au- thorization. No waste materials, You are hereby notified that the above -styled � action, M. Donald Davis Jr. the same Will be barred. a sale for cash of the contents of to blowout prevention equipment . City Council. The City Council will then render a decision within fifteer? days rubbish, trees, bushes or brush cleared for construction or demoli - seeking monies due Die Plaintiff In the total �$20,936.39assm5e3nt(T,'a Atfor Plontiff Of Counsel: - Louise Kandla Personal Representative the following unit: D-10, John Avritt, P. O. Box and the frequency of testing said equipment for o the proposed State tion of buildings or structures shall be disposed of by burning on amount of Plus accrued Interest and costs was Siroto & Permuft, P.C. One SL Louis Centre, Suite 1000 D,3.18.25;4.1Lease 1118, Point Clear, AL 36532 � C-3-25;4-1 ,t 63) Well #2 with a surface location 1,630 feet North I Notice Appointment after the appeal has been heard. I . the premises or in the immediate filed against,"you In the Circuit Court of Baldwin County, post Office Drawer 2025 of -L pointment to be Published I of the South line and 6;250 feet Section C Penalties. Upon determination that R violation of this ordinance has occurred the vicinity by the owner, the contrac- tor, or any other person, unless a Alabama, and that by reason of an Mobile, Alabama 36652 334-432-1671 Probate Court Estate of I I — ORDINANCE NO. 636-00 West of the East line and a pro - posed'bottom hole location 490 P or other proper authorize- Order for service of summons by publication hereiribefore entered C-3-18-25;4-1-8 Janet Z. Bagley AMENDING ORDINANCE No. feet North of the ,South line and 6,250 feet West of the East line of City shall provide the violator written notice of the violation and the time in I tion has been obtained to burn said waste materials in an ap- by the Couft, you are hereby commanded And required to file Notice, Notice is hereby given to all Letters Testamentary on the estate of said deceased having 387-87 TO REZONE CERTAIN , PROPERTY WITHIN THE State Tract 63 In'Baldwin County, which to correct the deficiencies. proved waste burner/incinerator." C. Section 602.2 of the 1999 Ecfi­ with the Clerk'of 'of the Court, and to upon serve upon the Plaintiff's attorney, interested persons that approximately 235 acres, more or been granted to the undersigned on the 14th day of March, 2000, by I CITY OF FOLEY WHEREAS, the City of Foley, Alabama, in the Son Sicour Bay Unit -Lower Mobile Bay Area, , thin of the Standard Fire Proven- Byron Lassiter, 105 South less, -located in Clarke County, the Honorable Adrian T. Johns, Alabama, adopted Ordinance No. Baldwin and Mobile Counties, Ala - bama, as shown on a plat entitled tion Code shall be repealed in its , entirety and a new Section 602.2 Section St.,4 Fairhope, Alabama 36532. an answer to the Complaint Alabama, Is offered for sale. Sealed, ,bids ,to purchase the Judge of the Probate Court of Baldwin County, notice,is hereby 387-87 on June 15,1987, ordaining . a Zoning Ordinance and Zoning "State of Alabama, Chart of Sub - Any person violating this ordinance or any pan thereof shall be guilty of a shall be added to read as follows: "602.2 Addresses. Approved within thirty (30) days after the last of this notice or default Property must be received no later than 10:00 a.m. CST on March 30, given that all persons having claims 'Against said estate are Map for the City of Foley which has subsequently been amended, merged State Lands, Oil and Gas Lease Tracts," dated May 1984, Project numbers or addresses shall be a publication judgment will, be entered against 2000. The terms of the sale will be hereby required to present the and r " . ­-, No., 2, S-L-27, revised Otto- bprTrf.""" - ,� , conviction rnisclenicanor, and upon �, fined not less than Two Hundred Dollars I I - , height and minimum of 5 inches, IR new and hall be Orcivided for all h you; , to -wit by the, 24ri - day:Of of . I , .I- closing cash st, closing ,,as ,,, Mo 00 in ' three afficuigrly set - forth � 61, time allowed by low or the - lbilidired- -i�1-,,':,,-- ":..:WHEREAS;: WHEREASi; the City M Foley - received a reques -has.re t from Oa . �r 1­�­,' ' ' invited h P.bij., i� vited to attend (S 200.00) nor more than Hundred Dollars (S 500.00) and, in addition a existing buildings so that the mim* bars or address is plainly visible April, 2WQ. 1, - -, � This the 22nd day of February, - . , . Agreement of Purchase and Sale enclosed in the bid package. The � I � Bagley Jr. Jaines'G Personal Representative . L.L.C. that specific proper. Village, ty within the City be rezoned, and . , meeting and this to present to the B .Board ,heir position concerning I - and legible from the street or road- 2000 , . �, Jackie N. Calhoun bid form to be used Is also T. Deven Moore . the City Council of the City of Fo- so matters. the ,,,r jrfVj;a_ "i— , -The public it that the , thereto, may be imprisoned for a term of not more than six months, at the . way. D. Section 602.4 of the 1999 Ecfi- `Clerk of Circuit Court enclosed in the bid package, as are the description of the Property, Stone,'Granade & Crosby Post Office Drawer 1509 ; ley deems it necessary, for the purpose of promoting the health, Board may promulgate orders con- , discretion of the Municipal Court. Each separate interval of 24 hours, or every tion of the Standard Fire Proven- tion Code shall be repeated in its I Baldwin County, Alabama Byron A, Lassiter and - the time, place and day for delivery of bids. Bid packages can be Bay Minette, AL 36507 1-3-25 1 04,11 safety, morals and general welfare of the City to amend said Ordi- earning a petition which may differ from that requested by the pet!- , I day that such violations continue are committed or exist, shaII constitute a new I entirety and a new Section 602.4 shall be added to read as follows: Associates, P.C. 105 South Section St post Office Driwer 1157 obtained from the office of McCorquodale and McCorquodale, Notice of Appointment to be Published nance, and WHEREAS, all requirements to honer concerning the lands desert - bed in the notice. Pursuant to this hearing, Section 9-17-12 at seq. of 11602.4 Key boxes. Key boxes Fairhope, Alabama 36633 226 Commerce Sires% Jackson, Probate Court the laws of the State of Alabama, the Code of Alaborna (1975), here - and separate offiense and shall be punished, as aforesaid, for each separate period I all be installed in all buildings shall having an automatic sprinkler sys- Telephone: 334-928-2658 � C-3.4-11-18-25 Alabama 36645, telephone number - 334-246-9015. The seller reserves Estate of ' Hubert Patrick McLoughlin with regard to the preparation of the report of the Foley Planning inafier set forth, and the rules and , thereun- I tem. The fire official shall have, the — the right to reject any and all bids. Letters Testamentary on the Commission and subsequent are" regulations promulgated der, the Board will enter such or- ofviolation. authority to require a key box to be installed in an accessible location Legal Notice 0.3-11-18-25 estate of said deceased having thin of the City Council have been der or orders as.in its judgment , I . where access to or within a strut- Notice of Meeting Oil Notice of Appointment been granted to the undersigned on the 14th day of March, 20M, by met. NOW, THEREFORE, BE IT On- may be necessary based upon the evidence presented. . lure or areas is difficult because of security," The State and Gas Board of Alabama will hold its regular to be Published Probate Court the Honorable Adrian T. Johns, DAINED BY THE CITY COUNCIL The State Oil and Gas Board The City may institute injunctive, mandamus or other appropriate action or Section 2. Procedures for Violation monthly meeting at 10:00 a.m. on . Estate of Judge of the Probate Court of Baldwin County, notice is hereby OF THE CITY OF FOLEY, ALABA- MA, while in regular session March was Originally established by Act No. I of the Legislature of Alabama proceedings at law or equity for the enforcement of this ordinance or to correct of Municipal Ordinances Any person violating this Orcil- Wednesday, April 5, 2000 and Fri- day, April 7,��2000 In the Board James B. Keith Jr. Letters Testamentary on the given that all persons having claims. against said estate are 20,, 2000, as follows: $action 1. That the official Zon- in the Regular Session of 1945. The applicable law pertaining to . nance shall be subjected to a fine Room of the I'• State Oil and Gas estate of said deceased having hereby required to present the ing Map of the City of Foley, Alabs- the establishment of the Board violations of the ordinance, and any court of competent jurisdiction shall have as adopted by City of Daphne Pro. codures for Violation of Municipal Board Building, University of Ala- bama Campus, Tuscaloosa, Alaba- been granted to the undersigned on the 29th day of February, 2000, same within time allowed by law or the be barred. me be amended to rezone the f9l­ lowing described property from R_ now appears in Section 9-17-1 et " - the right to issue restraining orders, temporary or permanent injunctions, Ordinances, Ordinance No. 1993- 33 and its amendments, me, to consider among other Items of business the following petition: by the Honorable Adrian T, Johns, Judge of the Probate Court of same will Kathleen Marie McLoughlin Personal Representative 2, Residential Single Family & Du- plex, to GPH-1, Residential Garden sect of the Code of Alabama (19i5) , as last amended. The appli- cable rules pertaining to the con - Section 3. Ordinances Repealed AMENDED Baldwin County, notice is hereby J. Randle McKinney Patio Homes; said property de- duct of hearings by the Board are mandamus or other appropriate forms ofremedy or relief. Ordinance No. 1996-11 shall be repealed in Its entirety and re- Docket No. 4-5-20M0 Petition by;�.Exxon Mobil Carlo - given that all persons having claims against said estate are Attorney at law Post Office Box 2990 SCtiptionras follows: Tax Map No. 05-5404174-000- found in Rule 400-1-12-.01 at seq. of the State Oil and Gas Board of L I placed with the provisions of this ration, a foreign corporation, au- hereby required to present the Gulf Shores, AL 36547 012.004 Alabama Administrative Code. I . � I I Ordinance. All other ordinances and parts of ordinances in conflict thorized to clo1and doing business in the State of Alabama, requesting same within time allowed by law or the same will! be barred, 1.3.25;4-1.8 Commencing at the northeast . corner of Oak Village, Unit 1, as re- The State Oil and Gas Board may, In its discretion, designate a Section D Whenever the provision of t . his ordinance imposes more restrictive standards I with the provisions of this ordi- nance are hereby repealed. the State Oil and Gas Board to on- ter an ,order Approving an excep- 11 Virginia P. Keith Personal Representative Notice of Completion corded on Slide 1833A in the Pro- bate Court records of Baldwin Hearing Officer .to conduct this public hearing on behalf of the I I I than are required in or under any other ordinance or regulation, the regulations Section 4: Severability If any provision of this Ordl- thin to Rule 400-3-3-.04(d) of the State Oil and Gas Board of Alaba. L Kelly A. McGriff Brackin & McGrIff I Notice is hereby given that Calvert Construction 8590 Bayview County, Alabama, run west along the north boundary Of said Oak Vil- Board. Dr. Don Oltz 1 I . I - nance is hold to be invalid or unen- me Administrative Code pertaining Post Office Box 998 Drive; Foley, Alabama 36535, has lage, Unit 1 a distance of 10.00 feet I L Secretary to the Board I herein contained shall prevail. Whenever the provisions of any other ordinance . I forceable for any reason, such hold all not in any way effect holding to blowout prevention equipment and the frequency of testing said Foley, AL 36536 I . 0-3-11-18-25 completed all work on the construction of Roadways, water, to a point; thence run north 00* 0V 12" west a distance of 323.00 feet State Oil and Gas Supervisor . the portions hereof, equipment for'the proposed State . — . sanitary sewer, storm draln3ge to the point of beginning of the 0-3-25 - or regulation require more strict standards than are required herein, the which shall remain In full force and Lease 535 (Tract 63) Well 92 with a . Notice of Appointment and electrical Telephone At property herein described; thence . 11 effect. surface location 1,630 feet North to be Published Martinique for Martinique run west a distance of 355.00 lot State of Alabama r requirement of such shall prevail. Section 6: Publication A Copy Of this Ordinance shall of the South line and 6j250 feet West of the East line and a pro- Probate Court Developers, LLC, Project No. 4og7oD.50. All persons having to a point; thence run south 09* 46' , 21" east a distance of 24.96 Baldwin County I Mortgage Foreclosure , I be published pursuant to and ac- cording to law, after its adoption, r posed bottom hole location 490 feet North of the' South line and Estate of James Adshead claims should notify the office of Volkert & Associations Inc., P. O. feet to the northeast comer of Can. diestick Estates, Phase 2 as re- Notice There exists and continues to but It shall not be necessary for 6,250 feet West of the East line of Letters Testamentary on the estate of said deceased having Box 3867, Gulf Shores, Alabama corded on Slide 1388A in the exist a condition of default on the the said 1999 Edition of the Stand- and Fire Prevention Code to be State Tract 63 in Baldwin County, Alabama, In.'Oegon Secour Bay been granted to t he undersigned 36547. 0-3-11-18-25;4-1 aforementioned Probate Court I'Ll cords of Baldwin County, Alaba- following described real property which is secured by a mortgage Section E If any section, sentence, clause, or phrase of this ordinance is for any reason published in a newspaper, nor Unit -Lower Mobile Say Area, on the 3rd day of March, 2000, by ma; manes along the north bean- from Edward J. Aral Jr., a married . held to be invalid or unconstitutional by declaration of any court of competent shall the same be spread at length upon the minutes of this Council, Beldwin and Mobile Countips, Ala- bama, as shown on a plat entitled the Honorable Adrian T. Johns, Judge of the Probate Court of Notice of Mortgage . Foreclosure Sale clary of said Candlestick Estates, Phase 2 run south 89* 32'08" west man, to Irene N. Trotter,:recorded in Real Property Book 766, pages I . I but this Ordinance shall be record- "State of Alabama, Chart of Sub- Baldwin county, notice is hereby given that all persons having Default havingbeen made In a distance of 275.48 feet to the 1472, at seq., of the Baldwin Coun- jurisdiction such declaration . shall not affect the validity of remaining portions ad in the minutes. Section 6: Effeethm Date merged State Lands, Oil and Gas Lease Tracts," dated May 1984, claims against said estate are the payment of Icertain Note and in the terms of that certain southeast corner of Oak Hollow subdivision as recorded on SUM No- ty, Alabama Probate Records. No. tice lshereby given that Irene N. ' i of this ordinance. The City Council hereby declares that it would have adopted, The said 1999 Edition of the Standard Fire Prevention Code and Project No. 2, 5-L-27, revised 0,ctO_ bar 31,1990. 1 hereby required to present the same within time allowed by law or Mortgage executed by Harry Gene Steiner and Yang Hwey Steiner, 1801A in said Probate Court re, cords of Baldwin County, Alaba- Trotter will under the power of sale contained In said estate mort- I amendments thereto shall be in The public is invited to attend the same will be barred, Mary Lois Adshead husband and wife, to North Caroli- ma; thence along the east boun- gage, sell at public -auction for this ordinance and each section, sentence, clause, or Phrase the reof irrespective full force and effect upon adoption this day of ,2000 this meeting and to present to the Board their position concerning Personal Representative no Federal Savings and Loan As. sociation, dated the 6th day of Ju- clary of said Oak Hollow Subdivi, slon run north 00' 03' 22" west a cash, to the highest bidder, at the front door of the Baldwin County l of the fact that one or more articles, sections, sentences, clauses, or phrases be Approved and adopted by . the City Council of the City of Daphne, these matters. The public Is advised that the Duane A. Graham Attorney at Law I ly, 1984, which Mortgage was re- corded In the Office of the Judge distance of 348.06 feet to the southeast comer of Oakleigh Sub- Courthouse at Bay Minette, Alaba- me, at 12:00 o'clock noon on the . I Alabama, this thday of ,20DO. Board may promulgate orders con- Post Office Box 290 Attorney at Law of Probate of Baldwin County, Ala- division as recorded on Slide 17th day of April, 2000, the follow - declared invalid or unconstitutional. . E. Harry Brown, Mayor - Attest I earning a petition which may differ from that requested by the ped- Mobile, AL 36601 bama, in Real Property Book 183, at Page 41; which Mortgage was 1191A in said Probate Court re- cords of Baldwin County, Alaba- in, described real property located In said co Y, to wit: . Ruth P. Martin, City Clerk tioner concerning the lands descri- C-3-18-25;4-1 duly transferred and assigned by ma; thence along the east boun- Lot 5 of the First Addition to . State of Alabama bed in the notice. Pursuant to this Federal Deposit insurance Corpo. dary of said Oakleigh Subdivision Emanuel Mosa,.a subdivision ac- County of Baldwin hearing, Section 9-17-12 at seq. of ration, as receiver for North Caro• run north 00' 00' 08" wait a dis7 cording to Ahe amended plat re - Section IF This ordinance may be amended in the manner as prescribed by City procedure 1, Ruth P. Martin, City Clerk of the City of Daphne, Alabama, do the Code of Alabama (1975), here- inafter set forth, and the rules and Notice of Appointment line Federal Sevin s and Loan As- sociation, F.A., M North Carolina tance of 315.47 feet to the north, east corner of said Oakleigh Sub- corded in Map Book 8, Page 102, of the Baldwin County Probate Re- , for ordinance amendment. hereby certify the foregoing to be a true and exact copy of an Ordi- regulations promulgated thereun- der, the Board will enter such or- to be Published Probate Court 'Estate FederalSavings and Loan Assod- ation, to State Street Bank and division; thence run north 89* 33' 19" east a distance of 626.38 feet cords. Said land behil in the Jo - soph Suarez Grant, - action 16, nance approved and adopted by der or orders as in its judgment of David A. Holder Trust Company, as Trustee, by vie- to a point; thence run south 00' Township 8 South, Range 6 East, the City Council of the City of Daphne, Alabama, at its regular may be necessary based upon the evidence presented. , Letters Testamentary on the tue of that certain Assignment and Transfer of Lion dated January 20, Of I 12" east a distance of 661.56 feet to the point of beginning Baldwin County, Alabama. Subject to any rights -of -way, ' I I Section G Neither the approval of a plan under the provisions of this ordinance nor the meeting hold on the th day of , 2000. The State Oil and Gas Board was originally established by Act estate of said deceased having been granted to the undersigned 2000i and recorded in Instrument Number 532741 in said Probate Of- Section 2. That the offic6l Zon- ing Map of the City of Foley be re- easements, restrictive covenants, or reservations of record In the Of. , D-3-26 No. 1 of the Legislature of Alabama on the 25th day of February, 2000, fice. The undersigned Assignee vised to indicate this amendment face of the Judge of Probate Of , compliance with the provisions of this ordinance shall relieve any person from - in the Regular,Session of 1945. The applicable, law to by the Honorable Adrian T. Johns, Judge of Probate Court of Baldwin will, under and by virtue of the and duly certified by the approprk Baldwin County, Alabama, affect- the responsibility for damage to any person or property otherwise imposed by In the Circuit Court Of Baldwin County, pertaining the establishment of the Board now appears in Section 9-17-1 at County, notice is hereby given that all persons, having claims against power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the ate municipal officials. . Passed, Adopted and Approved this 20th day of March, 2000. ing the same. Said sale is for the purpose of paying said indebtedness, the State of Alabama seq, of the Code of Alabama said estate are hereby required to main entrance of the Baldwin R. Timothy Russell, Mayor charges provided for in the Mort - law nor shall it impose any liability upon the City for damage to any person or Civil Division (1975), as last amended. The appli- present the same within time County Courthouse in the City Of ATTEST: gage and the costs of the sale, in- case No. CV-99-233 cable rules pertaining to the con- allowed by law or the same will be Bay Minette, Alabama, during the A. Perry Wilbourne. CMC eluding a reasonable attorney's , I property. I Eastern Shore Art Association, Plaintiff, duct of hearings by the Board are , found In Rule 400-1-12-.01 at seq. barred. Valera J. Holder legal hours of sale on April 25, 20DO, the real property described City Administrator/Clerk 0-3-25 fee. - L. P. Sutloay Va. of the State Oil and Gas Board of I Personal Representative in said Mortgage, which said de- _ Attorney for Irene N. Trotter This ordinance shall- take effect on its due adoption and publication as required by law. AmSouth Bank, N.A., at aL Alabama Administrative Code. Win. Daniel Calhoun scription is hereby referred to and . ORDINANCE NO. 637-00 Of Counsel: Adopted this day of Marrh Defendant Legal Notice The State Oil and Gas Board may, In its discretion, designate a Duck, Calhoun & Taylor Post Office Box 1188 made a part hereof, said property being situated in Baldwin County, AMENDING ORDINANCE NO. Murchison & Sutley - Attorneys at Law _JL1h_ .2000. To the Heirs of Gone B. Whiting: Hearing Officer to conduct this Fairhope, AL 36533 Alabama, to -wit: 387-87 TO REZONE CERTAIN PROPERTY WITHIN THE P 0 Drawer 1320 Approved: The above proceeding Involves rights that you may have as in heir public hearing on behalf of the .Board. , I, I �r C.3-11-18-26 - Unit 6-E Cotton Bayou Condo- miniums, a condominium located , , CITY OF FOLEY I F;19�, AL 36536 1 0-3-25;4-1-8 - 0 1 . of � Gene S. Whiting,- who cried September 11, IM in Fairhope, � � I , -Dr. Don Opts 'Secretary to the Board � r in Baldwin County, Alabama, as established by Declaration of Con- WHEREAS, the City of Foley. Alabama, adopted Ordinance No'.,' _. . . ,, � - — Notice of Appointment I /0 I I P. Nut, Mayoi?�, ur I` r Baldwin County, Alabama. . . If you are an heir of Gene B. I Stale Oil and Gas Supervisor 0-3-26 to be Published Probate Court dominium and all exhibits attached thereto Including the By-laws dat- 387-67 on June 15, 987, ordainingNotice a Zoning Ordinance and Zoning of Sale Abandoned 1975 Ford PIU; VIN - � Whiting, please contact the undersigned attorney: Legal Notice Estate of Burrell W. Purvis ad May 27, 1983 and recorded in Miscellaneous Book 45, Page 581 Map for the City of Foley which �d has subsequently been iAmende , # F108MB60910; sale date: April 5, . . - - I Donald D. Doerr Jr. 124 Courthouse Square Circuit Court of Alabama, I 4 ' Baldwin'County Letters Testamentary on the estate of said deceased having at seq., and as amended by Incre- mental Certificate of Amendment and � Forty WHEREAS, the City 6f 2000. by John Minor, 1906 , South I � Oak St., Foley; last owner's h I ame, _ 1, qqtdld. _0 ,unknown _ I �-Paducah Zoom Mail Box 878 ' No. CV-00-25 been granted to the undersigned dated September 27, 1983, and re- has received a request that speed I It property wifilri the Cit' bi, - a rez . � . I � �. I., ",.r I _ � , ,. .. , v��:, � I , O,3!%25 L . r . City Clerk r . C I . - � Bay Minette AL 36507-4825 . "I , Paducah Bank & Trust Company � . : on the 25th day of February, 2060, I corded'in Miscellaneous Book 46. . I �y I I I - L ­� . ..... L' I I I I .� I . r I - . ,