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HomeMy WebLinkAbout01-11-1960 Regular MeetingSTATE OF ALABA"lA Co,inty of Baldwin The City Counc i I of the City of F a i rhone met in regular session at the r. i ty Hal[,, M-nday, January 1 1 , 1960 with the fol I owi ng -embers present: Mayor E. B. Overton, City Manager C. B. Niemever, Councilmen: Belew, Bergl in, ^uffles and Shull. C ouncilman Poser being absent. Motion by Councilman Berg I i n seconded by Council inn Rel ey- t4-at the minutes of the :r evious mActinc be approved as read. :�^tinn by r ouncilman Shull sec-nded by Councilmen Bplew that] the letter from F a' rh-pe Ti t I e . ndill�ur*,ey be accgptW and mnde mart of the minutes cf this --ctinc. %.oti^n carried. a 1 letter from Rev. and Mrs. n. Hill protesting any assessment against Lots I 2, Gayfer Court, stating that said property neither abuts nor adjoins the paved street, was r-"ad and ordered p&,aced on file. :4oti^n by Councilman Ruffles, seconded by Councilman Berglin that the Ci+y Attorney be instructed to check Lot I 2, Gayfer Court, to determine who should be assessed for paving. ".lotion carried. Other protests on paving assessments heard wer- as follow .lr. Hartmen: Protesting high cost of paving and condition of banks. "lr. Ernest -,el ley: '7A1 1 p l eased -ii th pav i rn but protesting condition of ban':s. Mr. Cz. n Maury: Frotast i ng that ri-nd ::ashes down on pav i ng,street has beCrj-e a racetrack and dangerous, Fnolneer had roots of tree cut to such extent that the tree died, surveyor stakes were ?rubbed' o-_,t and hc.ve not been rep I aced and that the paving has done nothing for his property. 'lr. DeOvies, re^resentin3iVirs. :chowalter, protesting the cost of paving, the quality of paving and da^bge to her property caused by pav i na. .'otion by rounciIman ,erglin s-cnnded by ''ounciIran Ruffles th^t the folio-,*-nc Resol'uf*.-n be adoptr 'lot ion carried. "HE'�E4S, the 4 provc'nents consistinc of grubbinc, grading, drainage and r1irfacing of certain streets,. avenues and al lays, t-)gether �:;th appArtenances thereto, within the corporate li^its of the City of Feirhnno,. Alabama, as here- iofore detern;ned upon, ordered and authorized by Street Imp,rnvement Ordinance No. 25', Ordinance of July 14, 1953, duly adopted by the City Council on Joly 14,, 195°, and ordinances supplemental thereto, were finally ordored, constructed, completed and accepted and the entire cost of constructing raid improvements was by S tree+ Ordinance No. 25'_. Assessment Ordinance Of July 1!4-, 1958, duly assess- ed against all the lots or pnrcels of land lying W thin the districts served and drained, sorved or benefited by such improvement, to the extent of the in- cr�--Jsed value of such property by reason of the special benefits derived from such improvement, it being provided, however, that in no case should any ascass- ment be aginst any such lot or parcel of land be cgrrFtn±g than -the increased value of such lot or parcel of land by reason of the special benefits derived from such improvement: AND '. "-IE^EAS, upon the comp I et i cn of said improve -rents the h. ayor, the chief executive officer, did on the I�.th day of Cecember, I9U, cause to be prepared a Poll or List showing the names of the property owners and oprosite each name * description of each lot or parcel of land propoc:d to be assessed for vich irrprovpmant belonging to such oeyner or owners, and the amount proposed to be assessed against each lot or parcel of land, each list being entered in a loose- leaf book firmly bound, prepared for that purpose, and containing ap;ropriat(-- columns in which payment may be credited and the lien of the assessment sa+icfied by the proper officers of the municipality, said book being known as the "A ssors ment Book for Local Improvement": AND iiAEREAS, after the completion of the proper entries of each improvement said book was on the 11.th day of December, 1959, duly delivered to and filed with the City Clark, rJho the reu- cn gave notice by publication one t i me in the Fairhope Courier, a newspaper published in the city of Fairhope, Alabama, and of general circulation therein, said notice appearing in the issue of Dec,e^nber 17, 1^' )_,. that said Assessment Rol I or L ist had been d4l ivered to him and :gas open for inspection in the office of the City Clerk, the person authorized +-o make collection of said asses"ents, and that the Council would meet at the -Council Chambers in the Mun iC i'pa I Building in the said City at- 7: 30 o'clock P.'.i. , on the llth day of January, 1960, said date being not less than twenty(20) days frarr the date of publicaticr of said: notice, to hear and deterinine any objections or defenses that- may be filed to such assessment or the amount thereof, said notice also staring the :nneral character of the improvements, the terminal points thereof and the streets, avenues, alleys, or other highways, or portions thereof alone which the i-iprevemert hac been constructed and, the i^lprgvemrnt so mad^ consisting of _rubbing, trading, draining end sirfaring of certa'n streets, avenues and alleys, said notice alsn described the territory or ar;-a drained, «'r\'2d or benefited bNt said sel,.ers by na^linn the sire^ls, nv-nues, alleys or o`hnr hioh�:ays or other I incs t,y Nhich saidvdis`rict tics bcund-�d; V'^ 'VHF F.AS, t he r i ' y (^ o- •nc ' I hav i nn "1Pt znd no,-, be i nr in session ,t this tine, -face and date se` fnrth and mPnti—ed 'n s9id notice for the purpose of hearing and being ready to hear and determine, and h,viny called upon all gars^nr --sonf to ma'— end F'IP any ebje,cti^ns or dcfnnsc which cn, r 'him - -hl- have to such assessments or the a--oent 0 -r'eof, ,At'7 t','HEFEAS, no ohJ,'c.] i ns or �:c: ns. c mc'ae or filed any person tc .�y _f s,ch assessments or the arnc-Unis 1herecf c,- ti- n h v'r .;gin i_5S '",-,3T- a .naj'orit" of the - n.:rs of :he proN_cr`, affected cnw he G-.-e :),-n c erns i dersd are, hereby ovc-r-r I c.: -;nc' : ho g i ty LouncTl hav i nc ins-pacicd and excmined seid of I or -ist as heretofore fi led with the :pity Clerk on the I'rth c'3y of Cecember,. 1950, and h,ivi nc found the s-me to be in al I r-specis true, correct, and proper: ANC:,' T, E:'.EF:'-'.E 'r I, R�L3C. VCG BY THE rIT\/CC(TCIL C- THE C IiY OF FAI;HOFE, F,Lr3,..%A AS FOLLC./S' Ti-at the "Ascc:o,mPr1 'gook for local I mprovenonts" over i nS the Street I mprovc^icn t ^rd i nance No. 254, Ordinance` of J,i I y 1',.,. 195'1, duly adopted by the City Counc i I of the C i t•y of Fa i rho e, A l ab;.ra, on July 1! ,, and Ord i nnnces suppl ;~ienta I thereto, cr f i led with 1 ;;c .. ; I erk o6 the 11 th day of December, 196C,be ane the sane hereby is in all res:ects confirmnnr', e., -roved, 3d ;,ted inn;' mnnde f'naI. Section 2. That as and fir *he assocsmont each lot o.- tract of land de- sc r * tsd- and i nr I uded in co i d ass^ssnen t ^ol I , there' be and hereby is f ' xcd end ordered the respective amount and a-,o-rnts Fixed, cett-out and shown for each lot or parcel of Icna<in are' b the ce'J "Ac_ccsment Book for Local Improvc-r-nts" as f i led ;. i th the City Clerk on tl^a 14th c:,y of Decamber, 1959, and here i nab_pve referred to. Section ;. That al such :scoss-ents shall fro^i this date be and c-nstitute �a lien on the respective Lots or parcels of land upnn :hick they are levied, superior to all other liens except'thcsc of the State and County for taxes. `_ Section 4. That all such assessments shall to paid in cash rithin thirty (33) days, providad that any properly owner may at his election to be expr^csed by notifying the C i t , Clark, in r,r i t i ng wit' -in thirty daaye from the date thereof, pay such assessment in ten equal onnual installments, which shall bear interest at the rate of 6�. per annum,, which is the rate hereby fixed for al " I deferred installments, intnresi' Aaychle annua.11�; provided,however, that ifthq assessment against Orly lot or parcel of land does rot exceed gV5.00, said assessment rrest be paid in cash within th i'rty days from the date hereof . Any person -lay pa; the v:hn I e ass^sErent against any lot or parcel of land within thirty days f rem the date hereof cnd r^ay at _any installment period pay the assessment in full by payinc, the full amount of the installments, together with all accrued interest thereon, and upon the p3ymAnt of an ��l i t i anal sum equal to six months' interest at'(� pox gnp:jmm on the amount of said assessment so paid before _maturity as a penalty; shcuod the property owner des;- rr, to pay off the deferred installments between the dates on which they are due, he stall pay interest on the same Lntil the succeedint install-r^nt period, together with the penalty above describ+d. COME SSE COME STAY G ��ekjo 7F^ � g,*,�O p a- /6,N/. � 2�..� *� to �, � a N� o+�,� �-1 `�' � J• _rftlAA,l&L6. Z-- 'o4 ':�0 The first installment shall be payable within thirty days.from the date hereof, and all assessr•ents or installments thereof shall bear interest at 4. per aKnum often the expiration of thirty days from the date hereof, which interest s,rall t ) due an7­p­a`y`57 eat the time and place the assess•n^nt or installment is due and payable. In all cases where. the property owner does not elect to Fay in installments, or havinc elected to pay in installments,f ails to pay the fir-t installment in thirty days from the date h,,reof, he shall be held to have wr,-iv^d the right �7 pay in installments, and the entire assessment shall at the expiration of s3:(- ;hl'rty de s be--- fue and payable, unless mutually agreed upon by the prncerty owner anr1 the city of Fairl ope. Section 5. This res.)liticn is hernby termed and dosi(,noted,. shall be. known and nny be cited as the S t rime f I mprovATcnt Final Assessment Resolution of January 11, 1960." V Clerk of the City of F i rh pe, A I abama 7 ead, opprov,r and ad-ntAd as read,- this I I th day of January, 1960. P.+avor, C i ty of i rh^pe, A. I aba-L 'hot i on by Counc i I .,an Shull seconded by Councilman Ruf f I os that the City vacate the fol I c%. i ne streets and avenues: OaK Street, between "ap I e Avenue and '"c' i n I Py Avenue; %aple Avenue,. between Hoyle and ^ak Street; Lee Avenue, bet•:een Hoyle Street and C reen Street, (CayferAvenue); and 71I:,on Avenue, beh".een Hovle street and Green Street(Gavfer Avenue) as the same are shown of record in Deed Book "Y", Page 784, of the Probate P ec^rds of 3uldwin Coun4-y,. 1Iabpma,, in the I lases atorecaid. Moticn carried. i �n by Co.:nr i I man Ru f f I es seconded by Counc i I o^ Shu I I tha t "tr. Ge^rge C Y- son bo a.thrrized to offFr �""r. Jchn Payno '3,OOO.0O for cre Gios_•I ,enerator "hodel D 8800. ;'%ot i on carried. .oti n by Councilman Shull s`ccnd-•c: by Councilman Berglin that the Council cpproved instaIIFtion of Street Ii,ht on ','olanta Avenue as requested by petition presented. 'Lotion carried. Mot i en by C ounc t I -an Berr I i n seconded by Cnunc i I ^nan Shu I I that 'hr. Ray Parker be granted permission to park trailer on Lot 12, Elock 21 of Vol"ant- fubdivisi­r for office purposes only for .n^ year from dare. '1�tinn carried. "r,t i -)n by C ounc i I men Berg I i n sec nded by Councilman Br I ew that the f cl lowing bills be a,)proved for payment: 'lotion carried. G.neral Fund: "'estern Lumbar and Supply Co. 7.66 Fe i rho'De S i n�- I c Tax (-orp. 305.83 Fa'nccpu Service renter 4•00 '; I L.rpp ""otor Co. I'�.17 Lois D. 'Est o:.p Ins. 30.64 Va tern Auto 47.07 Joe Schneider Sens �0.00 Jordan Clinic 20.00 Fa i rho, e Couri er 68.5 "i rg i l Herstcn ?O.CO Gaston "otor Co. 9.87 Burford-Toothaker Tractor Co. 15.60 "'alley ^ros. 13.C3 Sou-hern 'isto Parts 2'1.96 roser Printing Co. ?,.60 "ay Brooks 'Acch. Co. 69.65 Forbes Electronic Cist. 1.98 Turner Su -ply Co. 76.53 ""cKr an Paint . Hdv.s. 2"._13 Moore Supp I ,, Co. 30.61 21..60 East Shore 3nkery 62.00 Tippesanoe PrA.sc Inc. Eurroughs Corp 16.03 Addressograph Corp. 12.95 John S. Huffman Ins. 6�.00 Zoning Bulletin IO.CO Ccntral Resta,rant 54.6o Parker House 2..00 McC a i n Un i form C o. 21 •34 May %lach i nery Co. 47.76 '' adc I if f C rave I r o. 207. OC C i ty A1ar,<nt 4.63 a i rhope 11ar,`, i ne 'Vlorks 1.50 Jotin V. Duck 30.00 'Ile Iton Garage 13.80 John R. Crowley \/rs 36.30 Jansen 1fg. Co. 10.81 "/a 1 ter h i dde Sales and Sery i `n 18.75 ::obile Harley Davidson 21.80 L a u n det -'� i to 3.60 Fairhore Pharmacy 2.29 Gulf Oil Corp. 296.72 Elcctri'c Fund: Bills Standard Scrvice,Stati^n 6.95 K I umpp Motor Co. 5.00 Fh i l Zip McCarthy 31 .00 ":estern Auto 7.75 Riviera Utilitios 7,208.75 Caston 1,%otor Co. 18.66 Nix '- Cummings 24.29 Turner Supply Co. 32.03 Moore Su,-p I �, Co. 10.70 �airhoce High School 2.00 Hatfield and Co. .12 Goodyear Services Stores. 19.74, r7oirhope Auto Parts 1.93 General Electric supply Co. L4-14 M p, S Service ytati ,n )4.7O Lighting Fixture and Elect. Sup-ly 278.65 Gulf Oil 86.17 Gas Fund: Ruffles Co. 459.�+ Fairhore Hardware and Supply 1.65 Standard Equipment Co. 201.60 C F A Trans. Col 18.03 ^-aldwin Transfer Co. American I.'eter Co. 2,416.12 Hackmeyer I ron ':Yorks '+7.36 United Gas 11,753.27 R ockwe I I 'Af 9. Co. 132.38 ^resser Mfg. Co.. 207.75 Steele and Pssoc. 37.94 Universal Controls Corp.. 64.46 Marine Specialty Co. 35.23 Gulf Oil 30.88 Moticn by Councilman Shull seconded by Councilman Berglin that the City purchase 1960 Chevrolet Ir ton cab and chassis at a cost of 'd3,049.10 and rent it to Eugene Bosby for "150.00 per month plus i, interest. The City Attorney is instructed to draw up agreement with Eugene Eosby. :,4ot i on carried. Off street parking was discuss-"d and held for further disrussion at the next regular meeting of the r cuncil. 'So*ion by COunciI-nan Ruffles seconded by C ounciIlan Shull that the �i*y Clerk be authorized to nogotiate with Rlue r ross-;=+lue Sh;nld Ins. fcr 025.00 deductible hospital insurance for all City employees, pr-miu^n to be paid by the C i ty. Mot 7 -gin carried. It was duly ri-ved and seconded.that the meet'nr adjoirn. "Aoti-n carried. 4poroved a yo Attcst: 0 January 11, 1960 City Council City of Fairhope Fair•hope, Alabama Gentlemen: I,le the unaersigned being property owners (Lots No. 2 and 3) in Gayfer Court Subdivision, do hereby protest any asLes-went a3ainst this property for cost of paving Gayfer Court. This protest is:aade for the following reasons: 1. Said property neither abuts nor adjoins the pavea street. 2. Said property has not been appreciated in value by this paving, but has in fact been depreciated.. 3. If such assessLient is made for this paving, Caere seems a possib'lity for a double asoessment for the future paving of a road which lies between said property and the presently paved Tayfer Court. 4. Other le"al reasons which the undersi3ned will be glad to enui,.erate in the event t�.at a rearing is called in this �.atter. Sincerely yours,_ w `�atft,T�'��• li��� Willia..I R. hill Martha B. Hill (Firs. W. R. ) �y m cl� FAIRHOPE TITLE & SURVEY COMPANY l� 1� 1 CLAL W. ARNOLD Engineer - Surveyor Telephone WA 8-3911 ABSTRACTS OF TITLE ------ LAND SURVEYING ENGINEERING ASSISTANCE Fairhope, Alahama Telephone WA 8-5031 qtO City of Fairhope, Fairhope, Alabama, Gentlemen: December 29, 1959 J. H. ARNOLD Abstractor Telephone WA 8-9841 In accordance with your request, I set out herein our proposal regarding engineering work as made verbally to you at the council meeting last night. We will run the center -lines, boundary line survey, determine the exact amount of rights-of_w�Rys owned, the amounts needed and owners thereof, and furnish descriptions for right-of-way acquisition; run profiles; plan grades, set clearing and grade stakes; determine drain- age needed and design necessary drainage structures; supervise construc- tion and advise your crews as to methods and procedures in carrying out the work, and furnish you complete AS --BUILT plans, on the follow.. ing streets situated within the corporate limits of the City of Fairhope, to -wit: Nichols Street, from its intersection with School Street, to its Intersection with Greeno Road; Young Street, from its intersection with Nichols Street to the South boundary of the Corporate limits of the City of Fairhope. Our fee for these services to be $1500,00 (Fifteen hundred dollars). We are in process of getting the work underway already, and will have some drawings and instructions ready for your crews in a day or two. A matter that we did not discuss is the matter of the payment of our fee; the majority of our work will be performed before you can get much of the construction done, or even started; we must therefore ask for progress payments, and suggest the following as a basis for same. $100,00 as a retainer; f 75.00 per day for each day worked by full crew. 35.00 per day for each day requiring time of one or more of our men, but less than the full crew. Such payments to be made twice monthly, but not to exceed a total of $600,00 in the month of January, nor $400 in the month of February; the final payment of an amount sufficient to make the total of all payments equal to $1500,00 to be paid on or about April 1st. We agree to proceed with the work rapidly and diligently, and you agree that your crews will proceed with the work in such manner as to accomplish its completion by April 1st, and it is further understood that you will rent or otherwise acquire the use of such construction e uipment as may be necessary to carry out the work. too Yours very truly, Fairhope Title & Survey Co. Enginerr, Also. ##127 �' �� 0