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Home My WebLink About12-01-1983 Special MeetingSTATE OF ALABAMA COUNTY OF BALDWIN NOTICE AND CALL OF SPECIAL MEETING Notice is hereby given of a special meeting of the City Council of the City of Fairhope, Alabama, to be held at the Fairhope Municipal Complex, Council Chamber, on Thursday, 1 December 1983, at 5:00 o'clock, P.M., for the purpose of holding a Public Hearing on the annexation and zoning of East Gate Limited; and at 5:30 o'clock,P.M., for a Public Hearing on the '82-'83 Public Improvements Assessments Project. CONSENT TO HOLDING OF The undersigned members of the City Council of the City of Fairhope, Alabama, do hereby acknowledge service of the Notice and Call of Special Meeting hereinabove set forth and do hereby consent to the holding of such meeting at such time and in such place and for the p�1pose set forth t e ein. D. v� '4 � v --- `/ -)I 523 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of-Vairhope, met in special session at 5:00 o'clock, P.M., Fairhope Municipal Complex, Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Thursday, 1 December 1983. Present were Mayor James P. Nix; Councilmembers Roy C. White, Trisha Nelson, David E. Bishop, Michael A. Ford, and Sam E. Box; City Attorney James Reid and City Clerk Evelyn Phillips. The purpose of this meeting was to hold a public hearing on the annexation and zoning of the East Gate Limited property. There was no one present in opposition to this annexation and requested R-3 and R-5 zoning. Councilman Box introduced Ordinance No. 733, an ordinance to annex East Gate Limited and to zone same R-3 and R-5. In order to take immediate action, Councilwoman Nelson moved to suspend the rules. Seconded by Councilman Bishop, motion passed unanimously by the following vote: AYE - Box, Nelson, Bishop, Ford, White, and Nix. NAY - none. Councilman Box then moved for final adoption of Ordinance No. 733. Seconded by Councilman Bishop, motion passed unanimously by the following vote: AYE - Box, Nelson, Bishop, Ford, White, and Nix. NAY - none. Meeting was duly adjourned. - - - - - - - - - - - - - - - - - - - - - - - - - The City Council, City of Fairhope, met in special session at 5:30 o'clock, P.M., Fairhope Municipal Complex, Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Thursday, 1 December 1983. Present were Mayor James P. Nix- Councilmembers Roy C. White, Trisha Nelson, David E. Bishop, Michael A. Ford, and Sam E. Box; City p,ttorne James Reid and City Clerk Evelyn Phillips. (Councilman Whi e had to leave before the vote on Resolution No. 97-83.) The purpose of this meeting was to hold a public hearing on the 182-183 Public Improvements Assessments project. This being the final hearing, at which time assessments were fixed. Only one written objection to the assessments was received. Fairhope Single Tax Colony requested an explanation of the outfall prorations on Fairland, Wisteria, and Azalea Court. Mr. Ack Moore, Moore Engineering Company, gave a full explanation to the Colony representatives. Councilman Ford advised that Lot 11, Lincoln Street, was incorrectly shown as his property. This lot belongs to Mr. Claude Jansen. Mr. Jansen was present and agreed. (See following Resolution No. 97-83, Section 1 (m)) Councilman Box introduced and moved for adoption of the following resolution. Seconded by Council- man Bishop, motion carried by the following vote: AYE -Mayor -Nix, Box, Bishop, Nelson. Nay - none. ABSTAIN - Ford: 524 RESOLUTION NO. 97 P A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESS- MENTS FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE NO. 692, AMENDED BY ADDENDUM UNDER RESOLUTION NO. 66-83, AND ASSESSING THE COST OF SAID IMPROVEMENTS UPON THE PROPERTY SPECIALLY BENEFITED THEREBY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. That upon evidence duly presented to and considered by it, the City Council does hereby make a finding and determination of the following: (a) The City Council of the City of Fairhope adopted an ordinance on, to -wit, the 22nd day of February, 1982, entitled "IMPROVEMENT ORDINANCE NO. 692; AN ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON MIDDLE STREET, LINCOLN STREET, FAIRLAND AVENUE, WISTERIA STREET, SOUTHERN RUN, CORTE COURT, ECHO LANE EAST & WEST, AND COMMERCIAL PARK DRIVE (INCLUDING TWO ALLEYS) IN THE CITY OF FAIRHOPE, ALABAMA."; and on the 24th day of January, 1983, made an addendum of AZALEA COURT by Resolution No. 66-83. (b) Provision was made is said ordinance for the assessing of the cost of said improvements against the property specially benefited thereby. (c) Said ordinance 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 Moore Engineering Company 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 22nd day of March, 1982, at the City Administration Building in the City of Fairhope at 5:30 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 ordinance was published once a week for two consecutive weeks in the EASTERN SHORE COURIER, a newspaper of general circulation in the City of Fairhope, the first publication being made not less than two weeks prior to the 22nd day of March, 1982. (f) A copy of said Improvement Ordinance No. 692 was sent by Certified 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 22nd day of March, 1982. (g) At a meeting of the City Council, held at the time and place duly fixed by 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 12th and 19th of August, 1982, by publication in the EASTERN SHORE 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 23rd day of August, 1982, and the City Council, as provided by law and said ordinance did, on the 13th day of October, 1982, let the contract to make such improvements to TEMCO, INC., and FAIRHOPE PAVING COMPANY, the lowest responsible bidders. 525 Res. No.gf% 3 continued: Notice was also duly given, asking for bids on the addendum AZALEA COURT, a satisfactory bid was received, and contract was let on 24 January 1983 to TEMCO, INC., and FAIRHOPE PAVING COMPANY, the lowest responsible bidders. (i) Said improvements have been constructed, completed and accepted in accordance with said ordinance, resolution, and contracts. (j) The Mayor of the City of Fairhope has caused to be prepared an ASSESSMENTS ROLL BOOK showing the names of the 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, which was on the 1st day of November, 1983, at least twenty days before 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 authorized to make collection of said assessments. (k) The City Clerk has given Notice by publication in the EASTERN SHORE COURIER, a newspaper of general circulation in the City of Fairhope, in the issue of 2 November 1983,of this meeting and of the availability of said Assessments Roll Book. Copies of said Notice were also mailed by Certified Mail, on 1 November 1983, to all property owners to be assessed. (1) The 1st day of December, 1983, at the Council Chamber, Fairhope Municipal Complex, was mentioned in the foregoing Notice as the time and place at which the City Council would meet tD 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, to -wit: 1. Fairhope Single Tax Colony - Question on outfall proration on Fairland, Wis- teria, and Azalea Court. This matter discussed and settled between FSTC's Lucey and Rowe and Moore Engineering's Ack Moore and Charles Burne. Council ruled: no changes. Councilman Ford advised that Lot 11, Bay View SD, Lincoln Street, was on the Roll Book under his name when Lot 11 belongs to Mr. Claude Jansen. Mr. Jansen was present and agreed. Council ruled: Correct property owner's name on this lot in Roll Book. (There was some discussion about drainage on Lincoln Street raised verbally by Mr. Jansen. The questions were resolved and no changes ruled.) (n) The City Council has heard and passed upon all of said objections and pro- tests under the rules and regulations heretofore adopted, made and provided by the Council in such cases. 526 Res. No.�%� continued: Section 2. That the amount of the assessment against each lot or parcel of land described and included in said ASSESSMENTS ROLL BOOK be and the same is hereby fixed in accordance with said Improvement Ordinance No. 692, in the amounts set out in said ASSESSMENTS ROLL BOOK. Section 3. That it is ascertained by this Council and determined and so adjudged, that the cost of constructing said improvements is $468,059.00, 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 intersecting said part of said improved streets or highways within a half 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, and the amount of such assessment are hereby determined, adjudged and fixed as per the '82-'83 Public Improvements ASSESSMENTS ROLL BOOK. ADOPTED THIS 1st DAY OF DECEMBER, 1983. G. City C rk