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HomeMy WebLinkAbout03-24-1958 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Council of the City of Fairhope met in regular session at the City Hall,, Monday, Match 24, 1958 with the following members presents Mayor E. B. Overton, City Manager C. B. Niemeyer, buncilmens C. F. Bedew, M. 0. Berglin, J. F. McDaniel, W. R. Ruffles, Jr. and B. L. Shull. The minutes of the previous meeting were read and corrected to read as follows: Motion by Councilman Belew seconded by Councilman Berglin that the Council accept the resignation of Mr. George Page from the Recreation Board effective with the April meeting and that Mr. Page be given a vote of thanks for his services. Motion carried. Motion by Councilman Bedew seconded by Councilman Berglin that the minutes be approved as corrected. Motion carried. Mayor Overton was authorized to write the Fairhope Single Tax Corporation requesting that their Engineer check the paving on Magnolia Avenue between Section and School St. and Fairhope Avenue to Ingleside as this paving seems to be breaking up. I A request for permission to beautify a portion of park along 've was held over. Motion by Councilman Berglin seconded by Councilman McDaniel that the meeting adjourn. Motion carried. Approved! Mayor Attest City Clerk J. E. GASTON -PRESIDENT C. A GASTON. SECRETARY 0. BERGLIN, TREASURER FAIRHOPE SINGLE TAX CORPORATION ADMINISTERING FAIRHOPE SINGLE TAX COLONY ESTABLISHED IN 1895 340 FAIRHOPE, AVE. FAIRHOPE, ALABAMA Mar. 5, 1958 Mayor E. B. Overton City of Fairhope Dear Mayor Overton: Your letter of April 2 was read to the council at its reg- ular meeting, April 3. The council has long considered the desira- bility of the further improvement of Magnolia Ave. east of Section and of Bancroft St. between Fairhope and Magnolia. It has however, felt that adequate drainage facilities should be installed ahead of any permanent surface improvement. The original improvement was provided in 1939 by means of a tar stabilization process. A year or two later a fine slag and asphalt seal was applied at the time other surfaced streets received like treatment. The council has directed Eng. C. W. Arnold to advertise for bids on the drainage project per plans submitted to your coun- cil a few weeks ago. Whether or not we can proceed with the work at this time will depend on the cost as determined by the low bid. We will expect bids to be in for consideration at our council meet- ing April 17. Your statement that you "understand it is the duty of the Colony to nesurTs= the streets just as they did on Magnolia west of Section", we do not consider to be a proper statement. Our Improve- ment of Magnolia and much of the other street improvement paid for by the Colony was voluntary. The law provides that the municipal government shall determine the duties of all land owners, Colony as well as others. The Colony does have an obligation to its lessees to hold all surplus funds derived from the rental of its lands as a trust fund to be expended in the common interest of the lessees. In the past the major part of such funds has been expended in pro- viding street improvements. The Colony believes that properly planned and executed street improvements increase the value of the lands benefitted to the extent of the cost of such improvement, and sometimes in excess of such cost. It believes that all land owners, the Colony includ- ed, should pay the full cost of such improvements, either voluntar- ily, as has been the general practice of the Colony, or as may be imposed and enforced by City ordinance. The Colony appreciates that there is need for the resur- facing of Fairhope Ave. for its entire length, together with more extensive improvements east of Section St. However east of the gully some land on both sides is owned by Robert Nahrgang and be- tween Ingleside and Greeno all the land on the south side is in- dividually owned. The Colony would not be willing to pay the cost of resurfacing streets for the benefit of private land owners. We do nntb;b, however, that the CityyIs power to assess cost to land owners is not limited to original construction but includes re- construction and reimprovement. All the Colony asks of the City is such consideration as it gives other land owners. If the City is going to assume a part of the improvement and reimprovement cost of streets primarily ben- efitting privately owned land it feels it is entitled to equal treatment where its lands are involved. It will, however, be a con- tinuing policy of the Colony, as funds become available, to provide such street improvements as are deemed by it to be in the greatest interest of its lessees. We do appreciate your assurance "of the willingness of the City to work with the Colony in any way possible." We want to assure you and your council of the like willingness of the Colony to work with the City and of our sincere hope that we may jointly be successful in broadening such possibilities to the greater bene- fit of all of Fairhope. Sincerly yours, .l. Secretary