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HomeMy WebLinkAbout02-10-1936 Regular MeetingSTATE OF ALABAMA. BALDIVIN COUNTY. n The Town Council of the Town of Fairhope, County of Baldwin, Alabama, met in regular session at Town Hall at 7:30 otclock P. 114, on the 10th day of February, 1936, when and where the following members were present, to -wit: Howard Ruge, Mayor; C. A. Gaston, IV. 0. Keeble, T. J. Klumpp, J. 0. Stimpson and M. 0. Berglin, Councilmen; the same constituting the full membership of the Town. Council. The following.Ordinance No. 136 and entitled "An Ordinance to assess the entire cost of the con- struction of the improvements determined upon, author- ized and ordered by "Street Improvement Ordinance of October 22, 1934, numbered 122.11, duly adopted October 221 1934, and Ordinances supplemental thereto, in fair proportion against all of the lots and parcels of land lying along and abutting on the streets improved, serv- ed or beilefitted, provided that such assessment shall not exceed the increased value of such property by reason of the special benefits derived from said im- provements; to authorize, direct and order the prepar- ation of the "Assessment Book for Local Improvements" and to prescribe the manner of preparing and form for the same; to provide for the delivery of the said book upon completion to the town clerk; to designate the clerk as the person and to authorize him to make col- lections of said assessments; to provide for the giv- ing of notice of the completion of such assessment book and of the meeting of the Council to hear and determine any objections or defenses to such assess- ments and to prescribe the form for such notice; to provide for a meeting of the Council to hear and de- termine any objections or defenses that may be filed to such assessments or the amount thereof, and to give this Ordinance an official designation." was introduced by 1. 0. Stimpson, read in full by the Clerk and considered by the Council, said ordinance being as follows: i7� ORDINANCE N0. 136. AN.ORDINANCE TO. ASSESS THE ENTIRE COST OF THE CONSTRUCTION OF THE IMPROVEMMTS DETERMINED UPON, AUTHORIZED AND ORDERED BY "STREET IMPROVEVEII�IT OR- DINANCE OF OCTOBER 222 1934, NUMBERED 1221t,, DULY ADOPTED OCTOBER 22, 1934, AND ORDINANCES SUPPLE- MENTAL THERETO, IN FAIR PROPORTION AGAINST ALL OF THE LOTS AND PARCELS OF LAND.LYING ALONG AND ABUTTING ON THE STREETS IMPROVE, SERVED OR BENE- FITTED, PROVIDED THAT SUCH ASSESSMENT SHALL NOT EXCEED THEI INCREASED VALUE OF SUCH PROPERTY BY REASON OF THE SPECIAL BMIEFIT6 DERIVED FROM SAID IMPROVEMEITS; TO AUTHORIZE, DIRECT AND ORDER THE PREPARATION OF THE "ASSESSZENT BOOK FOR LOCAL IMPROVEMENTS" AND TO PRESCRIBE THE T1j MTER OF PRE- PARING AND FORM FOR THE SADIE; TO PROVIDE FOR THE DELIVERY OF THE SAID BOOK UPON COMPLETION TO THE TOVIN CLERK; TO DESIGNATE THE CLERK AS THE PERSON AVID TO AUTHORIZE HIM TO MAKE COLLECTIONS OF SAID ASSESSMENTS; TO PROVIDE FOR THE. GIVING OF NOTICE OF THE COIAPLETION OF.SUCH ASSESSMENT BOOK AND OF THE MEING OF THE COUNCIL TO HEAR AND DETERIAINE ANY OBJECTIONS OR DEFENSES TO SUCH ASSESSIa NTS AND TO PRESCRIBE THE FORM FOR SUCH NOTICE; TO PRO- VIDE FOR A MEETING OF THE COUNCIL TO HEAR AND DE- TERMINE. ANY OBJECTIONS OR DEFENSES THAT MAY BE. FILED TO SUCH ASSESSMENTS OR THE AMOUNT THEREOF, AND TO GIVE THIS ORDINANCE ALN OFFICIAL DESIGNATION. BE IT ORDAINED BY THE TWIN COUNCIL OF THE 'TOW OF FAIRHOPE, A ABafA, AS FOLLOWS: Section 1. That the improvements, consisting of the filling, grading, leveling, graveling, paving, sidewalking, curb,; ing, guttering, draining and the construction of storm water seArs '­ or drains or lateral storm sewers in connection with such improves.,,_ reents for the purpose of properly draining the portions of streets, so improved and the property abutting thereon, together with all . necessary appurtenances thereto, within the corporate limits of the Town of Fairhope, as herein determined upon, ordered and rauth- orized by "Street Improvement Ordinance of October 22, 1934, num- bered 122", duly adopted O4tob-er_Za,_ 1934, and all ordinances sup- plemental thereto, having been finally ordered, constructed, com- pleted and accepted, the entire cost of completing said improve- ments be and the same is hereby assessed in fair proportion against all the lots or parcels of land lying along and abutting on the streets so improved, to the extent of the increased value of such property by reason of the special benefits derived from such im- provement; provided, however, that in no case s4.all any assess- ment against any lot or parcel of land be greatdr than the in- creased value of such lot or parcel of land by reason of the spe- cial benefits derived from such improvement. J Section Z+ That the Mayor be and. he lis, hereby author- ized and instructed to cause to be prepared a Roll or List show- ing the names of the property owners, and opposite eac4 name a description of each lot or parcel of land proposed to be assessed for such improvement belonging to such owner or owners, and the amount proposed to be assessed against each lot or parcel of land; such List shall be entered in a well bound book or loose-leaf book firmly bound, prepared for that purpose, and shall contain appro- priate columns in which payments may be'credited and the lien of the assessment satisfied by the proper officer of the municipality; � 7� ,J. said book shall be known as the "Assessment Book for Local Im- provements" and shall be a public record, and no error or mistake in regard to the name of the owner shall be held to invalidate any assessment, and it shall be sufficient if the name of the person in whose name such property was last assessed for taxes for state taxation is shown: in said book, Section 3; That after the completion of the proper entries of each improvement, said book shall be delivered to the Town Clerk, who shall be and hereby is designated as the person and authorized to make collection of the said assessments. Section 4+ That upon the delivery to the Town Clerk of such Assessment Book, the Clerk shall thereupon give notice by publication one time in the Fairhope Courier, a. newspaper published in the Town of Fairhope, Alabama, that the Assessment Roll or List has been delivered to him and is open for inspection in the office of the Town Clerk, the person authorized to make collection of said assessments; said notice shall also state the general char- acter of the improvements, the terminal points thereof and the streets, alleys, avenues, sidewalks, or other highways or portions thereof along which the improvement has been constructed and the improvements made, consisting of filling, grading, leveling, grav- eling, paving, sidewalking, curbing, guttering,, draining and the construction of storm water sewers or drains or lateral storm sewers in connection with such improvements for the purpose of properly draining the portions of streets so improved and the property abutting thereon, together with the necessary appurten- ances thereto; said notice shall also describe the streets improv- ed, served or benefited by the said improvements by naming the streets, alleys, avenues, sidewalks or other highways, and shall specify and set forth a time and place not less than twenty (20) days from the date of publication of such notice at which the Council shall meet to hear and determine any objections or de- fenses that may be filed to such assessments, or the amount there- of; said notice shall be in substantially the following form, viz.: NOTICE. Notice is hereby given that. the improvements as determined upon, ordered and authorized by "Street Improve- ment Ordinance of October 22, 1934, numbered 122", duly adopted October 22, 1934, and Ordinances supplemental thereto, have been constructed, completed and accepted by the Town of Fairhope; that the general character of such improvements is the filling, grading, leveling, graveling, paving, sidewalking, curbing, guttering, draining and the construction of storm water sewers or drains or lateral storm sewers in connection with such improvement for the purpose of properly draining the portions of streets so im- proved and the property abutting thereon, together with all necessary appurtenances thereto; that the said streets, al-, leys, avenues, sidewalks or other highways or portions there- of along which said improvement has been constructed are as follows: ('� (A) Fairhope Avenue, from from_Fairhope Wharf to Gee+►-vZwAfd (B ) Section Street, frow,&Corporate Limits to White Avenue; " . (C) Church Streets from Avenue to Fels Avenue; (D) Summit Street, from Kiefer Street to Fairhope Avenue; (E) Bayview Street, from North line Swift Addition �74 -3- to White Avenue; (F) Mobile Avenue, from Fairhope Avenue to City Limits, South; 13 4y V.C.e V- (G) White Avenue, from-geo4*-en Street to Mobile Avenue; (H) Fels Avenue, from Section Street to Mobile Avenue; (I) Magnolia Avenue, from Section Street to Fair - hope Avenue; . (a) Kiefer Street, from Summit Street to Bayview Street; (K) Delamar Street or Street to Church Ztreet; tionA�` Including all street, andpublic places; 'rSn Street, from Section avenue and alley intersec- All as per plat f filed in the office of the Judge of Probate of Baldwin.County, Alabama, That the Council has assessed the entire cost of such improvement against all the lots or parcels of land abutting on the aforesaid streets, alleys, avenues, side- walks and public highways, to the extent of the increased value of such property by reason of the special benefits derived from such improvement; provided, however, that in no case shall any assessment against any lot or parcel of land be greater than the increased value of such lots or parcels of land by reason of the special benefits derived from such improvement; that the "Assessment Book for Local Improvements"" covering such improvement and assessments so made has been completed and delivered to the undersigned as Town Clerk and is open for inspection in the office of the Town Clerk, the person authorized to make collection of said assessments; that the Council will meet at the Town hall in the Town of Fairhope at 7:30 orclock P. M., on the 9th day of March , 1936, to -hear and determine any , ogee— tions or defenses Viat may be filed to such assessment, or the amount thereof Dated this the loth day of February , 1936. As CAiL lerk or thLe Town o Fairhope, Alabama, Section 5, That the Council meet at the Town Hall ,.• - in the Town of Fairhope, on. the 9th day of March , 1936, at 71.36 o'clock P. M., to hear and--&etermine any objections or defenses that may be filed to such assessments, or the amount thereof. . Section 6. That this Ordinance is hereby termed, designated and shall be known and ma y.be cited as "Street Improve- ment Ordinance of the 10thday of February__., 1936, numbered 136 '� r 1p %i It was moved by C. A. Gaston and seconded by 11. 0. Berg- lin that all rules of the Town Council of the Town of Fairhope, Alabama, which might prevent, unless suspended, the final passage and adoption of said ordinance at this meeting, be and the same are hereby suspended for the purpose of permitting the final pass- age and adoption of said ordinance at this meeting. The question being upon the adoption of said motion and the suspension of such rules, the roll was called with the follow- ing results:' AYES: Howard Ruge, Mayor; C. A. Gaston, W. 0. Keeble, T. J. Klumpp, J. A. Stimpson, 11. 0. Berglin, Councilmen. NAYS: None. pended. The mayor declared said motion carried and such rules. sus- Councilman VT. 0. Keeble then moved that said ordinance be now placed upon its final passage. Councilman T. J. Klumpp seconded the motion. The question being put upon the placing of said ordinance upon its final passage, the roll was called with the following re- sults: AYES: Howard Ruge, Mayor; C. A. Gaston, W. 0. Keeble, T. J. Klumpp, J. 0. Stimpson, M. 0. Berglin, Councilmen, NAYS: None* The mayor declared the motion carried. Councilman C. A. Gaston thereupon moved that the said ordinance be finally passed and adopted as introduced and read. Councilman M. 0. Berglin seconded the motion. The question being put upon the final passage and adop- tion of said ordinance, the roll was called with the following re- sults.. AYES: Howard Ruge, Mayor; C. A. Gaston, W. 0. Keeble, T. J. Klumpp, J. 0. Stimpson, M. 0. Berglin, Councilmen; l N,1YS: None. 172- The mayor thereupon declared said motion carried and the ordinance finally passed and adopted. The mayor thereupon signed said ordinance in approavl thereof. �-- .The-minutes,.of the previous meeting were approved as read. The following bills were allowed: McKean Paint & "araviare Store supplies 30.14 Forster & Sons supplies 0.36 Forster & Sons Gas. & Oil 449.33 Fairhope Pharmacy supplies 1.60 Jo-seph Keith supplies 120-76 r Hsmmond Oro,,ery Co. suppli 4s 6.30 Fairhope Coal & Supply Company supplies 196.32 Turner bupply Company supplies 61.54 Ruffles & Son Lab. & Supplies 8.84 Fairhope Hatchery supplies 4.95 McGowin-Lyond Hdw. & Sup. uo supplies 14.00 Boston Gear Works, supplies 2.11 Shell Peftoleum Corp.. supplies 72.21 W. C. Beebe expenses 24.25 C . Robert Churchill supplies Consumers Oxygen Co- supplies 1;:�.03 Greer*s Stores. supplies 25.65 Tuveson Bros Lab. & sup. 11.60 Jones RCA Vi.ctoVAgehey suppli4s 7.52 J. I. Pitman & Co. supplies d.60 Burford Too thaker Tractor Co supplies 4«66 Nick J. Ludwig labor 3.00 The Fairhope Courier2 Publ. & Sup. 37.36 Fairbanks, Morse & Co supplies 14.12 Mobile Steel Co supplies 16.66 Southern Bell Tel. & Tel. Co pole rental 189.00 Reilly Tar & Chemical Corp. supplies 45.00 W. S. Dailey & Co supplies The Powers Co supplies 4.99 Republic Creogoting Co supplies 117.25 71 :_ Pay Roll January 1936. Howard Ruge Mayar Gladys Lowell Clerk J. H. Ti tus Marshal E. D. Swift watchman Geo. C. Uyson Inspector M. OL Be#gli n Councilman C . A. Gaston W W. U. Keeble � T . J. `T.�l.umpp " J. 0. Stimpson " J. L. Zeller Road Dept. labor J. P. Bailey Engineer Raymond Stapleton G . R. Wood R. P. Greggs Frank 2cKKenzie labor " Richard Jackson Golf Course Labor Wharf Labor Sewers 45.00 70.00 85.00 4-1.00 60.00 3.00 3.00 3.0U 3.0U 3.00 65.00 375.75 95.00 95 •ov 95.00 65.ov 75-OU 9•�) 29.50 9.60 4.50 The following resolution was introduced by C. 1,.. Gaston, and seconded by M. U. Berglin, placed upon its passage and unanimously adopted; BE IT RESOLVED by the Town Uounci i of the Town of Fairhope, Alabama that the completion date of Job, D Sewer Contract, Project No. 6762, is recognized as May 18, 1935, and that the engineering ball and mirror tests and adjustments: of control equipment dur— ing operation of the lift station are not Ancluded in the construction time limit. V It was moved by Councilman U.. A. Gaston and seconded by Council- man W. 0. Keeble that the meeting adjourn. 1&otion carried. Mayor ATTEST: Town Clerk (SSA