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HomeMy WebLinkAbout01-31-1976 Special MeetingSTATE OF ALABAMA COUNTY OF BALDWIN Sa h ua.ry j j') 1 g 7 b The City Council of the City of FAirhope met in special session at the City Administration Building, 387 FAirhope Avenue, with the following members present: Mayor James P. Nix, Councilmen: David E. Bishop, H. G. Bishop and Sam E. Box. Absent: Councilmen: 011ie E. Deese and Barney L. Shull. This being date set for hearing any protests on paving on Blue Island Avenue, Notice to Property Owners having been published twenty days prior to this meeting, there being no protests, Councilman Sam Box introduced the following Ordinance; i r 9 ORDINANCE NO. 567 AN ORDINANCE DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESSMENTS FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE NO. 543 AND ASSESSING THE COST OF SAID IMPROVEMENTS UPON THE PROPERTY SPECIALLY BENEFITTED THEREBY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: (a) The City Council of the City of Fairhope, Alabama , adopted an ordinance on, to -wit, the 9th day of September, 1974 entitled, "IMPROVEMENT ORDINANCE NO. 543" an ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON WINN LANE, NORTHRUP STREET, BURGUNDY STREET AND BLUE ISLAND AVENUE IN THE CITY OF FAIRHOPE, ALABAMA." (b) Provision was made in said Ordinance for the assessin- of the cost of said improvements against the property specially benefitted thereby. (c) Said ordinance provided that said improvements shoul- 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 Clerk where property owners who might be affected by said improvements could see and examine the same. (d) Said ordinance provided that the City Council would meet on the 30th day of September, 1974, at the City Hall in the City of Fairhope, Alabama, at 7:00 o'clock P.M. to hear any objections or remonstrances that might be made to said improve- ments, the manner of making the same or the character of the materials to be used. (e) Said ordinance was published once a week for two con- secutive weeks in the Fairhope Courier, a newspaper published and of general circulation in the City of Fairhope, the first publica- tion being made not less than two weeks prior to the 30th day of September, 1974. (f) A copy of said Improvement Ordinance No. 543 was sent by registered mail, postage prepaid, to each of the persons last assessing for city taxation the property proposed to be assessed for said improvements at their last known addresses, said notices having been so mailed more than ten days prior to the 30th day of September, 1974. (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 ordinance was duly confirmed, and said improvements were finally ordered.. (h) Notice was given on the loth day of October, 1974, 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 llth day of November, 1974, and the City Council of the City of Fairhope, as provided by law and said Ordinance, did, on the 20th day of November, 1974, let the contract to make such improvements to Valta Construction Company, the lowest 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 has caused to be prepared a roll or list showing the names of property owners, a description 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 9th day of January, 1976, at least twenty days before the date of this meet- ing, delivered to the City Clerk, and continuously thereafter kept on file and open for inspection in the office of the City Clerk, the person authorized to make collection of said assessment (k) The City Clerk has given the following notice by publication in the Fairhope Courier, a newspaper of general cir- culation in the City of Fairhope, in the issue of January 11, 1976: NOTICE TO PROPERTY OWNERS Notice is hereby given that the Assessment Roll, prepared in accordance with the law in such cases made and provided, under a Resolution To Provide For Certain Improvements on Blue Island Avenue in the City of Fairhope, adopted on the 9th day of September, 1974 and confirmed.on the 14th day of October, 1974 by STREET IMPROVEMENT ORDINANCE NO. 543, 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 authorized to make collections of assessments for improvements constructed under said Ordinance, and that the City Council of the City of Fairhope, Alabama, will meet on the 31st day of January, 1976 at 10:00 o'clock A. M. at th Administration Building to hear and determine any objections,. protests or defenses that may be filed to such proposed assessment or the amounts thereof. The general character of the improvements constructed under said Ordinance consists of a 20 foot bituminous concrete pavement 12 inches thick compacted, primed, granular soil base constructed between 2.5 foot wide 6 inch portland cement con- crete valley gutters; together with brick manholes and catch basins where necessary with metal or concrete covers, concrete culverts, concrete pipe, drop inlets, grading, clearing, grassing and sodding as necessary for erosion control and effective com- pletion and protection of said streets. Blue Island Avenue, from the north edge of the existing pavement on Fairhope Avenue northwardly 1840 feet to the existing pavement on Blue Island Avenue at Winn Lane, shall be improved by the construction of all of the construction items listed above together with such add- itional metal pipe and concrete pipe culverts necessary to sub- stantially control erosion along said street and also including construction of the 1285 linear feet of 8 inch vitrified clay sanitary sewer (with standard manholes and laterals) that will connect to the Fairhope Avenue Sewer line by gracity flow. The streets, avenues, alleys or other highways or portions thereof which said improvements have bben constructed and ter- minal points of said improvements are as follows, to -wit: BLUE ISLAND AVENUE, pavement on Fairhope existing pavement on from the north edge Avenue northwardly Blue Island Avenue CITY OF FAIHOPE City Clerk of the existing 1840 feet to the at Winn Lane.. (1) The 31st day of January, 1976 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 objections or 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 Ordinance No. 543, in the amounts hereinafter in this resolution set out. SECTION 3. That it is ascertained by this Council and determined and so adjudged, that the cost of constructing said improvements is $ , and that the total amount assessed against all the property by this resolution does not exceed the total cost of said improvements, and is not in excess of the increased value of all such property by reason of the special benefits derived from such 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 inter- secting 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 description of each lot or parcel of land assessed for said impr- ovements are hereby determined, adjudged and fixed as follows, to -wit: (See Assessment Book) Approv( Attest: City C er Councilman H. G. Bishop 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 be finally passed and adopted at this meeting.Councilman Sam Box seconded the motion. The question was put before the council and on roll call the vote was as follows: For: Mayor James P. Nix, Councilmen: David E. Bishop, H. G. Bishop, Sam E. Box. Against: None. Motion carried by unanimous vote of members present. Councilman H. G. Bishop moved that said Ordinance No.567 be finall, passed and adopted as introduced. Motion seconded by Councilman Sam Box. On roll call the following vote was recorded: For: Mayor James P. Nix, Councilmen:David E. Bishop, H. G. Bishop and Sam Box. Motion carried by unanimous vote of members present and Ordinance finally passed and adopted. 4 Council voted to allow the property owners on Blue Island Avenue the option of waiting until they connect to the sewer line to pay for same or pay on a ten year basis along with the paving assessment. There being no further business to come before the Council, the meeting adjourned. Approved Attest: City C er