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HomeMy WebLinkAbout03-27-1972 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fagirhope, Alabama, met in regular session at the City Administration Building, Monday, March 279 1972 at 7:30 P.M. with the following members presents Mayor R: C.4 Macon, Councilmen= James P.-, Nix, John A.- Robert. son, Robert H. Cowen, Henry G.- Bishop and Sam E: Bog. Minutes of the previous regular meeting of February 28 were approved. Motion by Councilman Bishop seconded by Councilman Nix that Council confirm action of City Clerk of paying February bills as presented.? Motion carried., Motio by Councilman Robertson seconded by Councilman Nix that 910,000:00 be transferred from Gas Department to the General Fond for Pay Roll. Motion carried.: Notion by Councilman Nix seconded by Councilman Cowen that 0500900 be transferred from General Fund to the Recreation Fund for Little League. Notion carried. Motion by Councilman Box that the following Ordinance be Introduced: ORDINANCE N0. 481 AN ORDINANCE AMENDING ZONING ORDINANCE N0.295, SECTION 139` DISTRICT BOUNDARIES, BE IT ORDAINED BY THE CITY COUNCIL OF FAIMHOPE, ALABAMA that the following described property be rezoned from R-2 to R-3 as recommended by the Planning and Zoning Commission: Lots 2,3,4 & 5 of replat of Lots 1,2,3,5,6,7 & 8 of Central Park and Lots 8,9,10 of Ettels Subdivision, recorded in Map Book 39 Page 112, of the Probate Records of Baldwin County, Ala. Property located at 154 South School Street. Councilman Box moved that all rules governing the Council which might, unless suspended, prevent the passage and adoption of the Ordinance at this meeting, be and the same are hereby suspended for the purpose of permitting the said Ordinance to finally passed and adopted at this meeting., Councilman Nix seconded the motion and on roll call the vote was as follows: Voting Yes: Councilmen: Nix, Cowen, Robertson, Bishop and Box. Voting No: None*' 140tion adopted. Councilman Box moved that said Ordinance No. 481 be finally passed and adopted as introduced. Councilman Nix seconded the motion. The question of final passage and adoption of said Ordinance was put to Vote of the Council and on roll call the results were as follows: Yes: Councilmen: Nix, Cowen, Robertson, Bishop and Box.i No: None." Ordinance finally passed and adopt- ed as introduoed.� Motion by Councilman Box seconded by Councilman Robertson that City ask for bids on truck load of 6" Cast Iron Pipe and 2" gas pipe. Notion carried. Industrial Board was discussed. Appointments to expired terms were held for next meeting of the Council. Motion by Councilman Nix seconded by Councilman Robertson that City send five firemen to Fire School for one week at 0185.00 per man with the exception of City Employees who will be paid regular salary plus expenses.,, Motion carried: Motion by Councilman Robertson seconded by Councilman Cowen that the following Resolution be adopted: Motion carried. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: SECTION 1. That upon evidence duly presented to and con- sidered by it, the City Council does hereby make a finding an d determination of the following facts: (a) The City Council of the City of Fairhope, Alabama adopted ordinances on, to -wit, the 26th day of May, 1970, the 10th day of August, 1970 AND the25th da,Yy��of August, 1970, entitled"IMPROVEMENT ORDINANCE N0. 439,'+'+7 & 448; ORDINANCES TO PROVIDE FOR CERTAIN IMPROVEMENTS ON SIMON STREET, PATLYNN DRIVE, WOODLANE COURT, EVERGREEN STREET, NORTH INGLESIDE AVENUE, FORSTER AVENUE, COLE COURT, KUMQUAT -STREET, LAUREL STREET, MAPLE AVENUE, LIVE OAK.STREET, MARCH LANE, MYRTLE AVENUE, HOLLY DRIVE, OLIVE ,DRIVE, AZALEA STREET, BON SECOUR AVENUE IN THE CITY OF FAIRHOPE, ALABAMA.. (b) Provision was made in said ordinances for the assessing of the cost of said improvements against the property speciall y benefited thereby. (o) Said ordinances provided that said Improvements ---should be constructed in accordance with the details, drawings, plans, surveys, specifications and estimates then ordered to be placed on file in the office of the City of Fairhope, Alabama where property owners who might be affected by said improvements could see and examine the same. (d) Said ordinances provided that the City Council would meet on the 8th day of June, 1970, at the City Ball in the City of Fairhope, Alabama at 7:30 o'clock P.M. to hear any objections or remonstrances that might be made to said improvements, the manner of making the same or the character of the materials to be used. (e) Said ordinances were published once a week for two consecutive weeks in the Fairhope Courier, a newspaper pulished and of general circulation in the City of Fairhope, Alabama, the first publication being made not less than two weeks prior to the 8th day of June, 1970. (f) A copy of said Improvement Ordinances No. 439, 447 & 448 were sent by registered mail, postage prepaid, to each of the persons last assessing for city taxation the property pro- posed to be assessed for said improvements at their last known addresses, said notices having been so mailed more than ten days prior to the 8th day of June, 1970. (g) At a meeting of the City Council, held at the time and place fixed in said published notice, all objections and protests were heard and considered and said ordinances were duly confirmed, and said improvements were finally ordered. (h) Notice was given on the 19th and 26th days of November and on the 3rd and 10th days of December, 1970 by publication In the Fairhope Courier asking for bids upon all work and materials for the construction of the improvements, the cost of which is hereinafter assessed, and a satisfactory bid was received on the 14th day of December, 1970, and the City Council of the City of Fairhope, Alabama, provided by law and said ordinanoe;did, on the day of ( . 197 / let the contract to make such imp vements to M. —'Williams Contracting Company, the 1 west responsible bidder. (i) Said improvements have been constructed, completed and accepted in accordance with said ordinance and contract. (j) The Mayor of the City of Fairhope, Alabama has cau- sed to be prepared a roll or list showing the names df property owners, a descriptiin of each lot or parcel of land proposed to be assessed for such improvements and the amount proposed to be assessed against each of said lots or parcels of land, and the same has been entered in a,well-bound book, which was on the day of , 1972, at least twenty days be- fore the date of this meeting, delivered to the City Clerk, and continuously thereafter kept on file and open for inspection in the Office of the City Clerk, the person authori- zed to make collections of said assessments. (k) The City Clerk has given the following notice by publication in the Fairhope,-.Courier, a newspaper of general circulation in the City of Fairhope, Alabama in the issue of February 10, 1972. NOTICE TO PROPERTY OWNERS TO WHOM IT MAY CONCERN: Notice -is hereby given that the Assessment Roll or List, prepared in accordance with the law in such cases made and provided, under Ordinances entitled "IMPROVEMENT ORDINANCE NOS. 447, 448, and 439; ORDIItANCES TO PROVIDE FOR CERTAIN IM- PROVEMENTS ON SIMON STREET, PATLYNN DRIVE, WOODLANE COURT, EVERGREEN STREET, NORTH INGLESIDE AVENUE, FORSTER AVENUE, COLE COURT, KUMQUAT STREET, LAUREL STREET, MAPLE AVENUE, LIVE OAK STREET, MARCA LANE, MYRTLE AVENUE, HOLLY DRIVE, OLIVE DRIVE, AZALEA STREET, BON SECOUR AVENUE, IN THE CITY OF FAIRHOPE" adopted on the 26th day of May, 1970, and confirmed as modified on the 8th day of June, 1970, by the City Council of the City of Fairhope, Alabama, has been delivered to me and is open for inspection in the office of the City Clerk of the City of Fairhope, Alabama, the person auhhorized to make collections of assessments for improvements constructed under said Ordinan- ces, and .that the City Council of the City of Fairhope, Alabama will meet on the 13th day of March, 1972 at the City Adminis- tration Building in the City of Fairhope, Alabama, at 7:30 P.M. to hear and determine any objections, protests or defenses that may be filed to such proposed assessments or the amounts there- of. The general character of the improvements constructed under said Ordinances consist of both edges of a 25 foot road- way, the centerline of which shall be approximately in the cen- ter of the dedicated right of way shall be curbed and guttered with Portland Cement Concrete combined curb and gutter 6 inches thick and 2.5 feet wide; the curb lines of said gutters shall beconnected with the curb lines of all intersecting streets, withsPort and"C:ement__con(irete combined, curb and�.guttsr.Cas- above described, of suitable radius and the surface between the gut- ters to be constructed shall be improved by paving with Bitum- inous Plant Mix l'-r2 inches thick on a 6 inch compacted sand clay foundations; said improvement shall include grading and all neces- sary drainage structures, including concrete culverts, concrete pipe, valley gutters and drop inlats; manholes of brick with cast iron covers shall be constructed or reconstructed where needed. The streets, avenues, alleys or other highways or portions thereof along which said improvements have been constructed and terminal points of said improvements are as follows, to -wit: (a) SIMON STREET: From the north edge of existing pavement on Edwards Avenue to the South Boundary of Central Boulevard, 585 linear feet, more or less. (b) PATLYNN DRIVE: From the north end of existing pavement on Patlynn Drive in Gates Fairmont Subdivision No. 1, to the end of the Cul-de-sac, 230 linear feet, more or less. (c) WOODLAND COURT: From the west edge of proposed pavement on Patlynn Drive in Gates Fairmont Sub., No. 1 to the end of the cul-de-sac, ­230 linear feet, more or less. (d) EVERGREEN STREET: From the east edge of pavement on North Ingleside Avenue east and north to the end of the cul-de- sac in the third addition of Deep Tree Forest Subdivision, 800 linear feet, more or less. (e) NORTH INGLESIDE AVENUE: From the north end of exist- ing pavement on North Ingleside Avenue to the North boundary of the third addition to Deep Tree Forest Subdivision, 125 linear feet, more or less. (f) DORSTER AVENUE: From the east edge of pavement on SectionStreet, (U. S. Route 98) to the west boundary of Bon Sbcour Avenue, 835 linear feet, more or less. (g) OSWALT STREET: From the north edge of existing pave- ment on White Avenue to the south edge of existing pavement on Fels Avenue, 635 linear feet, more or less. (h) COLE COURT: From the east edge of the proposed pave- ment on Oswalt Street to the east end of Cole Court, 225 linear feet, more or less. (i) KUMQUAT STREET: From the north edge of existing pave- ment on Pecan Street to the South edge of existing pavement on Peer Street, 380 linear feet, more or less. (j) LAUREL STREET: From the Southeast edge of existing pavement on Mobile Avenue to the Southeast boundary of Satsuma Avenue, 490 linear feet, more or less. (k) MAPLE AVENUE: From the north edge of existing pave- ment on Gayfer Street to the south edge of proposed pavement on Live Oak'Street, 630 linear feet, more or less. (1) LIVE OAK STREET: From the west edge of existing pavement on Blue Island Avenue to the end of the cul-de-sac, 32.0 linear feet, more or less. (m) MARCA LANE: From the west edge of existing pavement on Blue Island Avenue to the end of the cul-de-sac, 475 linear feet, more or less. (n) MYRTLE AVENUE: From the north edge of existing pave- ment on Myrtle Avenue in Park Terrace Subdivision, Unit 1, to the north boundary of Park Terrace Subdivision Unit 4, 750 lin- ear feet, more or less. (o) HOLLY DRIVE: From the south edge of proposed pave- ment Olive Drive in Park Terrace Subdivision, Unit 4, 1204,tlinear feet, more or less. (p) OLIVE DRIVE: From the east edge of proposed pavement on Myrtle Avenue in Park TerraceSubdivision, Unit 4 to the west edge of existing pavement on North Ingleside Avenue, 1000 linear feet, more or less. �q) AZALEA STREET: From the north boundary of Fairland Avenue to the south edge of existing pavement on Dogwood Avenue, 5-75.--linear feet, more or less. (r) BON,<SECOUR AVENUE: From easterly projection of the south edge of existing pavement on Rosa Avenue to the south edge of existing pavement on Volanta Avenue, 990 linear feet, more or less. City Clerk (1) The 13th day of March, 1972, at the City Administra- tion Building was mentioned in the foregoing Notice as :the time and place at which the City Council of the City of Fairhope would meet to hear and determine any objectionsor defenses that might be made to such assessments or the amounts thereof. (m) The following objections or defenses to the proposed assessments against said property or the amounts thereof have been filed in writing with the City Clerk or in her office or have been made at this meeting, to -wit: NONE SECTION 2. That the amount of the assessment against each lot or parcel of land described and included in said assess- ment roll be and the same is hereby fixed in accordance with said Improvement Ordinances Nos. 439,437, & 448, in the amounts here- inafter in this resolution set out. SECTION 3. That it is ascertained by this Council and determine and so adjusted, that the cost of constructing said Improvemu,*is $145,783.72, and thetotal amount assessed against all the property by this resolution does not exceed the total cost of said improvements, and that no charge assessed upon or against any lot or parcel of land is greater than the increased value of such property by reason of the special benefits derived from the aforesaid improvements, and that all of the lots or parcels of land so assessed abut on the part of said streets or highways so improved, or on a street or highway intersect- ing said part of said improved streets or highways within a half a block of the streets or highways so improved, and that all of the lots or parcels of land so located are included in said assessment. SECTION 4. That the names of the property owners, a des- cription of ea.-.h lot or parcel of land assessed for said impro- vements are hereby determined, adjudged and fixed as follows, to -wit: Name of Property Description of Amount of No. in Owner _ Property assessed Assessment Assessment roll It was duly moved and seconded that the meeting adjourn. Motion carried. Mayor Attest: City Clerk