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HomeMy WebLinkAboutO-124iT1 L'iDiTiL' ..IT TO _ : IIIII1) .1.:'�D �`:_ODIFY tiro QRDE'1" �1TT,T y, ., •� �m L.' RC,�T 'T 'I �. � C CJIIC ter, r... , ;34, 2 , AS 1ll0 ,T.- ._ _ T1� �UL'.yCIL OF T;-:. 1Cd� C �•n1�Cr:r, t,l.��ti.1' i, L'',, l _. ... . _. �.i�, 1934, mC F 15iiT�T.Y C1 DE _",!C 3' C. CCTOBER 22, .: �D TC GIV ITO ":?Ia 0 'Dl.- Ci _ C I -L D"IGi;-i'1'IC' . in and by an ordiriar:.ce entitled "Street I:-_Z)rOVe- raent Ordinance of October 22, 1234, nuribered 12211, duly adopted by the To r1n Council of the Tc,rn of Fairhope, AiabarW , 4. t a. meeting thereof duly held on October 22, 1934, tae imy)rovements of certain Streets, avenues and alleys within the corporate limits of the Town of Fairhope, Alabama, was deterfained upon, ordered and authorized; A.7D �TEREyS, said Improvement Crdinance of October 22, 1934, was duly published once a ..'aek for two consecutive weeks in the Fairhope Courier, a newspaper put 7.. i-'�ad in the Town. of Fairhope, &la area said publications appearing in the issues of said paper of A) end �.M ', RZ&S, copies of said ";:street iriprove.aent Crdinance of October 22, 1934, nurdbere l?2'T, Deere sent by registai- mail, postage prepaid, to the persons last assessing, for town taxation the property to be assessed for such i:uprovements at their last ',mown address, raore than ten. (10) da-,16 before the meeting of the mqn Council +herein provided for, said copies being so mailed LO , 1934; Aii-D -.Tt, ;rRi:cij, in and by said ordinance and the notices thereof it was and is orderecl and y ivviaed that the Toren Council of, the Town of Fairhope, Ala.bania, Meet at 734bOcicck r. 1�. in the To7in of Fairhope, �1ab La, at the office of the Toa.n Clerk thereof on the 26th day of November, 1 r34, for the purpose of hearinz and that at such time it would hear an;- objections or remonstrances t hat may be riad°e to said improvelra:nt, the Lran'ier of raking the same or the character of r�.P_terial or uateril.ls to be used; ,iDr,ui�;, this being the date, time and place se filed by said ordinance and th;: notices thereof for the 'aoldin of such meeting; and to hear any such objecticxls, protests or remonstrances t1na.t may be made, and those present bein; c Lled upon to p--otest, object or rtmonstrate i_. by attorney or by petition against such iri-i!o'�'ements, tLc naterials to be used or the manner of faking the saris e sliculd they so desire, and said persons hairin�- been in- forued that the Council would consider any aric' all such objections, -protests or remonstrances; ail objection and r)rotest havin{f, been made to the mar ing of said iraprovaMents, said objection or protest bein made by letis than a rrna jo-rity in fronta,',,-e of the property o;,ners to be affected thereb7'r, there being no further or other objections, protests cr remonstrances against such 7)roiosed ii-oprovernent; i`ZCW T==I ORE, DL I1' CRDk' i LD BY Th Tid COUNCIL OF TTr„ TO'W24 OF F,!_IR -CPR, Section 1. That the .)rotest, objection and remonstrance as made again t said proposed improvement be and ti+e same hereby is overruled. -2- Section 2. That Section 1 of said. "Street I.j,)rover_zent Ordinance of October 22, 1934, nurcbered 122", heretofore adopted by the Town Council of the To n of Fairhope, blabama, at a r_leeting regularly held on October 22, 19341 be and the same is hereby ar,.ended and modified so as to read as follows: f'aection 1. That it be and hereby is deterrsined upon, ordered and aut._orized by the Town Council of the Town of Fairhope, labar;ia, thet the Town of Fairhope, AlabaLaa, design or cause to be designed, contract for, execute and cause to be executed, iraprovenents to and on the following streets, avenues, alleys, highways and other public places within the corporate linits of the To,,1n of Fairhope, nlabaLla, Viz.: (,) Fairhope r,vanue, from Wharf on Jest to ;school 'treat on East. to curb 24 ft . , 34 ft . � idth -C, 40 ft., from bottom of `�Jharf hill to Bancroft Street; 20 feet frora Bancroft :street east to School street . (B) Section Street, frorL north City Limits Co 1'hite avenue on .;outh. Width - 20 ft. from city limits on yourth to 4*hite Avenue on ;south, except frora curb to curb where curb is on both sides of street; 25 ft. from Fairhope Ave. to 1dorphy Ave.; 20 ft. from Lorphy Ave. to 'rdriite Ave., and it is proposed to widen Section Street from Fairhope hve. to Delemare St. so that this short block can be made approximately 35 ft. (C) Fels A.Veaue, from Section St. to .vIobile Avenue. Width - curb to curb 27 ft., 20 ft. where t iere is no cur'u. (D) 1lhite Avenue, froni 1:17obile Street to Bay View ,;treat. Width - 20 feet. (L) kla6nolia Ave., from Section Street to Fairhope Avenue. Width - 20 feet, (F) Bay View 6Ltreet,-� frog White Avenue on South to North line of Jwift Addition. ,Ji.dth - 20 feet. (0) Summit titre et , from Fairhope Avenue to Kiefer Street. `,Iid th - 20 feet. Kiefer Street, from Bay View Street on ;Nest to ;u�::rsit 2t re et on Fast. I i dth - 20 feet. (I) Church Street, from Fairhope Ave. on north to Fels Ave. on South. Jidth - 20 feet. (J) E,obile Avenue, from Fairhope Ave. on north to Beach View, thence on 3each Vie: to City Limits on South. Width - curb to curb 20 ft., from Fairhope %ve. to Pier Street. ,Tid th - 20 f t . on Beach View. (K) Delemare Street, from Church :street to Section j tre et .-.1idth - 20 feet. Including all street, avenue and alley intersections and public places; all as per plats filed in the office of the Judge of Probate of Baldwin County, Alabaraa, by filling, g-radL g, leveling, graveling, paving, sidewalking, curbing:, guttering, draining and the construction of stow eater sewers or drains, or lateral storm sewers in connection t,',iith such iu_provements for the purpose of ;;:roperly draining -3- such portions of said streets and the property abutting thereon, together with allnecessary appurtena}:aces thereto. Section 3. That the said ''atreet Improvement Ordinance of October ?2, 1934, numbered 12211, as herein .-.,nd hereby ar;ended, be and the sgxte hereby is re -adopted and in all things ratified and coniirwed. Section 4. That this Ordinance is hereby terne d and desi-nated, shall be known and may be cited as "Street Irproveraent Confirmatory Ordinance of November 26, 193411. Duly adoptad by the Town Council of the Torn of Fairhope, Alabama, at a meeting thereof regularly held on the 26th day of iloveraber, 1934. As L ayo r o f the Town of Fair op e, ATTEST : - Alab- ana . L' 6 Clerk 1 the Town of Fair - hope, lIlaib ama . (affix Tevrr. aea.l) -2- The said bonds shall be due and payable a s fo llovis BOND IVtJI`y1B ERS. 1d01OWTT. L ATUR ITY • 1;2;314; 49000.00 July lot; 1935; 5,697,8! 4,000.00 July lot, 1936; 9,i0,11,i2, 4;000.00 July lst; 1937; 13;14;15;16, 49000.00 July late 1936; l7,1a;19;20, 4;000.00 July lst; 1939; 121;2223;<..4; 4;000.00 July 1st; 1940; 25;26927,28; 49000,00 July lot; 1941; 29,30,31,32, 4;000.00 July lst; 1942; 33. 34; 35; 3G; 37; 5, 000.00 July 1st , 1943 E 38:39,40:41,42, 5:000.00 July lst, 1044. The type of ;said bonds shall Le speoiaal obligation, serial, bearer, coupon bonds. The said bonds shall be payable to bearer, provided, however, that as to principal only said bonds shall be subject to registration in the.name of the holder on'the books of the said To14an of Fairhope in the office of its Clerk, such registration being noted on the back of the bond by the Clerk, after which no transfer shall be valid unless made on said books and similarly noted on the bond, but such bond may be - dische rged from such registration by being; transferred to bearer, after which it shall be transferable by delivery, but it may again be registered as before, The said bonds shall be payable in any coin or cur- rency which on the respective dates of payment of the prilkeipal of and interest on the bonds is legal tender for the payment of public and private debts at the office of the Treasurer of the Town of Fairhope, Fairhopa, iLlabama; said bonds shall. be signed by the 'Mayor and by the Clerk, and the corporate seal of the said Town of Fairhope shall be affixed thereto. The interest coupons attached to said bonds shall be executed with the fac simile signa- tures of the Mayor and Clerk of the said Town and the said offi- cials by the execution of the said bonds shall adopt as and for their own proper signatures their respective fac simile signa- tures appearing on the said bonds, provided, however, that in case any of the officers whose signatures appear on the bonds or cou- pons shall cease to be :such officers before the delivery of such bonds, such signatures or counter -signatures shall nevertheless be valid and sufficient for all purposes the 6ayae gas if they had remained in office until such del l vez7. Section 4. ['hat the said bonds be and are hereby issued under an -Act of the Legislature - of illabama ninibered 6;59, Senate Bill 410, approved Septesaber 10, 19279 Acts 1927, page 753 to 774, and under an Act of the Legislature of 'labama numbered 478, Sennte Bill 193, approved September 10, 1927, Acts 1927, page 534 to 552, and Amendatory acts subsequent thereto, and said bonds shall be payable as to both principal and interest from the proeoeds of a special asses:; lent leviod or to be levied and assessed upon real estate which has been or will be specifically benefited by certain street Improvements, said special assessment to ba a lion or charge against the property improved and agaainst the Hinds collected from the assessments levied against the property improved, and the bonds when issued shall convey and transfer to the owner thereof all of the rit;iit, title and interest in and to the asseswient and the lien upon the respective lots or parcels or band, which lien and assesaaent shall stand as security for the said bonds to enforce the collection thereof by' foreclosure in any court of competent jurisdiction, but the said Town shall not make any assessment in excess of the increased value of the property benefited by the improvements aforesaid, and the said bonds shall not be the general obligation of the 'form, nor shall the Town be in any way liable to the holders of such bonds in case of failure to collect the same. -3- Section 5. The said bonds and interest coupons shall be in substantially the following form, to -wit : STATE OF ALABAMA' COUT.d= OF BALD711.N TOIUN. OF FA IRH OPE ,.w- SPECIAL AS ;ES': &NT STREET I,'P�cO V2.�tT B01M 4% , JULY 19 1934 h No. $10000.00 The Town of Fairhope, in the County of Baldwin, State of Alabama, for value received, hereby promises to pay the bearer (oi if this bond shall be registered then to the holder hereof, regis- tered according to the provisions indorsed hereon) the sure of one thousand ;,11000.00) dollars on the 13t day of July, , with interest, meanwhile at the rate of 4% per ennum, payaT3e smmi- annually on the 1st days of January and July in each year, upon presentation and surrender of the annexed interest coupons as the same severally mature, both principal and interest being payable in any coin or currency which on the respective dates of payment of the principal And interest on this bond, is legal tender for the payment of public , and private debts, at the office of the Town Treasurer in Fairhope, Alabama, subject to the limitations herein contained. This bond is one of a series of bonds aggregating $42,000.00 and is issued pursuant to the B..-4unicipel Fond Code and Public Improvement Act of 1927 and is pa!iable as to both principal and interest from the proceeds of special assessments levied and assessed upon real Pstate which has been or will be specifically benefited by certain street improvements made under the authority of ordinances duly adopted by the Town Council of said Town of Fairhope, and is a lien or charge against the property benefited and against the funds collected from the assessments levied te.gainst the property improved and this bond does convey and transfer to the owner hereof all right, title and interest in and to the assessment and. the lien upon the respective lots or parcels of land hick lien and assessment shall stand as security for this bond and coupons and the series of which it is a part, Tith the power to enforce the collection thereof by foreclosure in any court of competent jurisdiction, but no assessment shall be made in excess of the in- creased value of the property benefited; but this bond is not the general obligation of the Town nor shall the Town be in any way li- able to the holder of this bond in case of failure to collect the same. It is hereby certified that every requirement of the Con- stitution and laws of Alabama relating to the issue hereof has been duly,eomplied with and that the indebtedness evidenced by this bond, as secured and authorized to be paid, is in no way affected by the limitation provided in Section 225 of the Constitution of the State of Alabama nor by any other provisions of said Constitu- tion• nor by any limitation provided by statute of the State of Ala- barma, and that a sufficient amount has been or will be assessed against the properties benefited by the improvements, for the pay- ment of the principal and interest on this bond and the issue of which it f ©rms a part. I:- wIT TE,3;; k�.�EOF, ' the said Town of Fairhope has caused its seal to be hereto affixed, and this bond to be signed by its Mayor and its Townn. Clerk and the attached coupons to bear the fac- simile signatures of the said Town officials, and this bond to be dated July 1, 1934. C Town Clerk. Mayor. _.__ -4- (FORK OF COUPON) rdiaraber $20.00 On the first day or , 19 , the 'Ibvm of Fa irhope , in the State of P labama, wi .. nay t-o-The bearer the sum of Twenty Dollars ($20.00) in any coin or currency which is then legal tender for the paynent of public and private debts, at the office of the Town Treasurer in Fairhope, Ala- bama, out of the Funds collected by the said Tovm from the proceeds of special vssess).,.tents levied and assessed upon real estate which has been or will be specifically benefited by certain street iaaprovements in the Town of Frairhope, Alebmia, being; six months4 Interest than due on its Special iwsesmaent Street Improvement Bond :Number 9 dated July lat. 1934. Torn C e r Mayor. (PROVi ION POR MI�a�''I'RATIOid) At the request of the holder, the within boad is hereby converted into a registered bond, but as to principal only, and shall be payable (as to principal only) to the regis- tared holder or to his legal representative, provided that it may be discharged from such registration by being transferred tc, bearer, after which it shall main be transferable, by de- livery. It mad►, however, be aga-i.n registered as before. Pate of Re-istration 11, s;.,hose narne s registered Si tursof Town Section 6. The said bonds upon being issued shall be sold in the manner provided by lay; and for a sum authorized by law, or may be delivered to the Contractor, who shall do the work in payment for which this bond is issued in the runner and at such price as is authorized by the la.4rs of the State of Alabama. Section 7. to irregularity in the proceedings auth- orizing the issuance of bonds nor the omission or neglect of any officer charged with the exoaution of any duties imposed by law shall affect the validity of any of the said wonda. Section 8. Such bonds shall have all the proper- ties and protection of commercial paper. Section 9. This ordinance shall be designatadq shall be known and may be referred to and cited.as "Special Assesmtent Street ;pprovement Mond Ordinance of 7--6 , 1934, ;umber jectiou 100 All ordinances, or r rttri cf crrdlnanoea, In conflict herewith, are expressly repealed; Duly adopted by, the Tovm Council of tbo Tait of Fair - hope, Alabama, at a regular mating thereof held on l9Z4. $ n.ayo` o W. ape,, klabeva A9C r. [Of was - hope, 41,ab ( Town 5er l) l f