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HomeMy WebLinkAbout03-09-1936 Regular Meetingi STATE OF ALABAMA. BALDWIN COUNTY. The Town Council of the Town of Fairhope, County of Baldwin, Alabama, met in regular session at Town Hall at 7:30 o*clock P. M., on the 9th day of March, 1936, when and where the following members were present, to -wit: Howard Ruge, Mayor; C. A. Gaston, W. 0. Keeble, T. J. Klumpp, J. 0: Stimpson and M. 0. Berg- lin, Councilmen; the same constituting the full membership of the Town Council. The following Resolution was introduced by C -a read in full by the Clerk and considered by the Council, said reso- lution being as follows: 0 A RESOLUTION. IMME&S, the street improvements consisting of the fill- ing, 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 improved and the property'arutting thereon, together with all the necessary appurtenances thereto, heretofore determined upon, ordered and authorized by ttSireet Improvement Ordinance of October 22, 1934, numbered 122", du_ adopted October 22, 1934, and Ordin•- antes supplemental theretot were finally ordered, constructed, completed and accepted and the entire cost of the construction of sad improvement was by "Street Improvement Ordinance of the du of , -.1936, numbered", duly adopted on e 10 day ~of , 1936, d y assessed in fair propor tion against all the lots of parcels of land abutting on the streets, avenues, alleys, sidewalks or other highways so improved or bene- fited by such improvement, to the extent of the increased value of such property by reason of the special benefits derived from such improvement, it being provided, however, that in no case should any assessment against any such lot or parcel of land be greater than the increased value of such lot or parcel of land by reason of the special benefits derived from such improvement; AND WHER=, upon the completion of said improvements the Ubyor of the Town of Fairhope did cause to be prepared a Roll or List showing the names of the property owners and opposite each 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 being entered in a loose-leaf book firmly bound, prepared for that purpose, and containing appropriate columns in which the payments may be credited and the lien of the assessment satisfied by the proper officer of the municipality, said book be- ing known as the "Assessment Book for Local Improvements" and hav- ing been delivered to and fi ed by the C1 rk of the Town. of Fair - hope under date of the day of , 1936; AND WHEREAS, after the completion o the proper entries of each improvement, said book was as aforesaid delivered to and filed. by e Clerk of the Town of Fairhope under date of the day of t , 1936, who thereupon gave due notice by publica- tion one time a Fairhope Courier, a newspaper published in Fa.irhope, AlabamU, and of general circulation therein.,,said no-- ti a appearing in the issue of said paper as of I � day of 1936, that such Assessment Roll 'or List had been delivered t m and was open for inspection in the office of the Town Clerk, the person authorized to make collection of said assess- ments, and that the Council would meet at the Hall i h o of Fairhope at ; D o*clock P. M. on the � day of 1936, said date eing not less then twenty 0 ays from the date of publication of said notice, to hear and determine any objections or defenses that may be filed to such assessments or the amount thereof, said notice also stating the general character of the improvements, the terminal points thereof and the streets, alleys, avenues, sidewalks or other highways or portions thereof along which the improvement had been construet.ed and the improvements so made, consisting of the filling,grading, leveling, graveling, paving, sidewalking, curbing, guttering, draining and the construc- tion 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 improved and the property abut- ting thereon, together with the necessary appurtenances thereto, l a/ said notice also describing the streets, avenues, alleys, side- walks or other highways so improved; AND WHEREAS, the Tom Council having met and now being in session at this the time, place and date set forth, determined and mentioned in said notice for the purpose of hearing and being ready to hear and determine, and having called upon all persons present to make or file any objections or defenses which any of them might have tonsueh assessments or the amounts thereof; AND WHEREAS. no objection or defense is made or filed by any person to any of such assessments or the amounts thereof, and the Town Council having inspected or examined said Roll r List as h retofore filed with the said Town Clerk. on the /, b day of , 1936, and having found the same to be in all respects co eat, true and proper; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FAIRHOPE, ALABAIiA, AS FOLLOWS: Section le That the "Assessment Book for Local Improve- ments" covering the street improvements constructed under "Street Improvement Ordinance, of October 22, 1934, numbered 122". duly adopted on October 22, 1934, and supplege4tal ordin es thereto, as filed with the Town Clerk on the day of , 1936, be and the same is hereby in al respects confirmed, proved, adopted and made finale Section 2# That as- and for the assessment against. each lot or tract or parcel of land described and included in said Assessment Roll, there be and is hereby fixed and ordered the respective amount and amounts fixed, set out and shown for each such lot or parcel or tract of land in and by the said"Assessment Book or Local. Im r vements?? as filed with the Town Clerk on the day of , 1936, and hereinsbove referred to# Section 3. Th t all such assessments shall from this date be and constitute a lien on the respective lots or parcels - of land upon which they are levied, superior to all other liens, except to the State and County for taxes; Section 44 That all such assessments shall be paid in cash within thirty days, provided that any property owner may at his election, to be expressed by notifying the Town Clerk in writ- ing within thirty days from the date hereof, pay such assessment in ten e"u annual installments which shall bear interest at the rate of per cent* per annum, which is the rate hereby fixed for all de erred installments, interest payable annually; provid- ed, however, that if the assessment against any lot or parcel of* land does not exceed $ 2 0 ° , said assessment mast be paid in cash within thirty days from the date hereof. Any person may pay the whole assessment against any lot or parcel of land within thirty days from the date hereof, and may at any installment period pay the assessment in full by paying the full amount of the installments, together with all accrued interest thereon, and upon the payment of an additional sum equal to six. months? inter- est at per annum on the amount of said assessment so paid be- fore maturity as a penalty; should the property owner desire to pay off the deferred installments between the dates .on which they are due, he shall pay interest on the same until the succeeding installment period, together with the penalty above described. The first installment shall be payable within thirty days from the date hereof, a all assessments or installments thereof shall bear interest at per cent* after the expiration of thirty days from the dat hereof, which interest shall be due and payable. at the same time and place the assessment or installment is due and payable. In all cases where the property owners do not �l� 1P, M -3-- elect to pay in installments, or having elected to pay'in install- ments, fail to pay the first installment in thirty days from the date hereof, they shall be held to have waived the right to pay A;&� installments, and the entire assessment shall at the expir- ation of said thirty days become due and payable. In the event the property owner shall elect to pay in installments, the first installment thereof shall be due within thirty days from this, date and g1bsequen_t installments shall be due on the day of of each calendar year until the entire assessment is pa din fuill Section 5. This Resolution is hereby termed and desig- nated and shall be known and may be cited the "Stree Imp 7)e�- ment Final Assessment Resolution of the day .of 1936"• / r q r t -2 - It was moved by 7 � ) and seconded by (fl (.ram►- that all rules of the Town Council of the Town of F'airhope, Alabama, which might prevent, unless suspended, the final passage and adoption of said resolution at this meeting, be and the same are hereby suspended for the purpose of permitting the final passage and adoption of said resolution 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. j9. Stimpson, M. 0. Berglin, Councilmen. :JAYS: None. pended. The Mayor declared said motion carried and such rules sus- Councilman (D_ a: ,2, then moved that said reso- lution be now placed upon its final passage. Councilman seconded the motion. The question being put upon the placing of said resolution 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 M G L thereupon moved that the said resolution be finally pass- ed and adopted as introduced and read. Councilman 7. seconded the motion. The question being put upon the final passage and adop- tion of said resolution, the roll was called with the following re- sults: AYES: Howard Ruge, Mayor; C. A. Gaston, W. 0. Keeble, T. J. Klumpp, s. 0. Stimpson, M. 0. Berglin, Councilmen; All NAYS: None, i -3- The Mayor thereupon declared said motion carried and the resolution finally passed and adopted. The Mayor thereupon signed said resolution in approval thereof. It was moved by Councilman n and second- ed by Councilman that the meeting adjourn. Motion carried. ATTEST: mayor. ' T 'Cer. (SEAL) The minutes of the previous meeting were approved as read. The following bills were a1lowdd: Me4ean Paint and lidw, Store supL.;lies 9.52 Burford-Toothaker TractorHo 72.49 Mrs. E. L. Wood stove 5.00 Yoidti-lr & Son Gas ' Uil 317.93 J. H. Keith _supplies 69.55 Ruffles &- 6ons Laboi & "La.terial 1 .02 M. Dy son .& Co-. Labor 129.8`1 The x'airhope Courier Publ. 6G Sup. 109.44 Elec troli to -Corp supplies 6.50 Fairhope Clay Products Go supplies 10.00 McGowin-Lyons ndw. &. Sup. Co supplies a.89 New Sanitary Itarket supplies 4.30 Nick J. Ludwig Lab. 11.60 Gaston Motor Go Lab. & Sup 10.15 McKesson-B a dso l e-Uo lvi n supplies 1.20 Adam Glass & Co supp li es2 20.00 Mobile Steel Co supplies 5.35 The 4athieson Alkali Works supplies 9.45 Consumers Uxygen UqD supplies 15.87 Jones RCA Victor Agency supplies2: 1.00 The Busy B Garage supplies 26.49 The r'airhope coal & Supply Uo supplies 140.60 Thurner Supply Company supplies 2'6.73 Bidgood Btationery Uo supplies 34.63 Pay Roll for February Howard xuge Mayor 00 Gladys Lowell Clerk 0.00 J. -d- Titus Marshal 95-00 G. C. Dyson Inspectd)r 60.OU E. H. Swift Watchman 47.00 M. U. Berglin Councilman 3.00 C. A. Gaston 3.00 W. 0. deeble M 3.00 T.- J. Zlumpp " 3.00 J. 0. Stimpson " 3.00 J. IL. Keller Road Dept. 85.00 Labor "' " 362.06 J. P. Bailey Engineer 95.00 Raymond Stapleton "` 95.00 G . R. Wood " 9100 Frank McKenzie " 75.00 R. F. Greggs W 65.00 Labor kin$xWax x Line Work 37.05 Richard Jackson Golf Course 30.00 C. L. .6asey Wharf 12.00 The following resolution was introduced by Councilman C. A. Gaston who moved its adoption, th0-tmation was seconded by Councilman T. J. Klumpp. The nation being put upon its passage was unanimously adopted. Resolution BRAS a paid article in the 1'airhope Courier of laa.rch 5, 1936, contained an inference that our presiding oi'ficer, ayor Ruge, had a special parsonal interest in the slot machines, leading him to be negligent in the enforceikent of the state law against the owner- ship and operation of slot machines and WHEREAS we have personal knowledge that such an inference is entirely unfounded and unjust/and 98 y w WHIiREAS it is 'our opinion that a town the size of 1airhope f'cannot burdenX itself with an enforcement department of suffi- cient size to enforce all state and county laws, *Ad WHEREAS it is apprarent that many such laws are unpopular with a majority of the citizens of the state-, and no considera- bleneffort is made by the state and county enforcement officers generally t� enforce these laws and WHEREAS the spirit in which Fairhope was rounded was oneof equal freedom, and, generally speaking citizens and visitors nave been free to do as they pleased so long as their actions dia not interfere with the equal rgghtd of. others THEREFORE,BE IT RESOLVED that we, the aldermen of the Council of the Town of lairhope do hereby express our confidence in the integrxity, honesty and efficiency of Mayor Ruge. Also that we endorse'Azhts conduct of the law enforcement department of our Town And commend his pilicy of diligently prosecuting all offenses in- volving violations of Town Ordinances passed to specifically pro- tect the property and lives, health, and safety of our people, leaving, them to chose their own moral codes so long as they dia not trespass upon the rights of others. Motion was m-.de by Uouncilman C. A. Gaston and seconaed by Councilman W. 0. feeble that a committee of two be appoin'i;ea to meet with liar. C. C. Baldwints discuss adjustment of right - of tray in front of his property on iuorth erection Street. Motion carried and Councilmen IL. 0. Berglin and J. U. Stimp- son were appointed as committee. Motion was made by Councilman T. J. Klumpp and seconaed by Councilman W. U. Keeble that the Mayor be authorized to send telegrams to State Representative McPhaul and State Senator Swizt that the Town of r'airhope is oppdsed to Sale Tax. potion carried. Motion made by Councilman C, A. Gaston and seconded by Coun- cilman 1A. 0. Berglin that the UouncilI6 approve the plans present ed for bebuilgi.ng the wharf 18 feet wide for a distance of 120 fect ` and that point widening to 26 feet for the next 120 feet, making a total of 800 feet to be rebuilt anf that the Mayor be authorized to purchase necessary material and to. advertise for bids for labor, saaal�ddbids to be received driday -March. 20th at 11 o.'elock A. M. carried. kotion was made by Councilman T. J. Klumpp seconded by council- man M. 0. 10erglin that the '.Down help toward the Public School Atheletic Bund deficit to the amount of $35.00, this sum being the proportion that could be considered as having been spent on local pupils.. Uotion carried. Meeting adjourned. C er