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An Ordinance to a�aend . treot Improvement Ordinance
155 adopted July 28, 1941 and otreet Ordinance :# 160 ac.optcc
.au,,ust 25, 1941 and to a.:ae..s the entire cost of construct -on .,2
the i.mprovH ents deter,.,ineu upon anc authorized and ordered I,y
otreet. I.aprovez.ent OrGiance ;f 155 -ins. Street I, prove.:exit Orc inance
,T 160 in f.a.r proportion a"ain,st all of tie lots and y,arcels of
land lying orlon, anc abutti ._ on tLe treet iinprovea, serves.
or be,.ef i.tec, unaer the aforo '.Ai6 Ord.i4nces, viz: (1) That part
of Atkinson Land from Bayvier, Avenue .,-st to Su_mit Ctreet. Plivia-
ed th(it such assess_ient ,_lull not e::ce d the increased value of
such property by reason of the special benefits derived from sz�c
i.,,prove_.ients: to authorize, prescribe and order the preparation of
the asse-smcnt book for local inprover,_ents anc, to prescribe the
.ia_:iner of preparation and t,ie foria for the same; to provide for the
delivery of saic, book upon completion, to the Town Clerk; to desi_-
nate as a pe:son and to authorize hi:a to aia_.e collection ofsaic
assess,�Ients; to provide for the givin of lotice of t ye completion
of such assesZmeiat book and of the iaeetin- of the council to ne r
and aetermine any objections or defenses to such assessments anc to
prescribe the foria of such notice; to provide for a meetinC of the
council to hear anc determine any objections or defenses that m,y
be filed to such assessments or the aiaount thereon and to dive this
Ordinance an official desiCnation.
B.'; I`i OtWAIIT,�L BY C OUE V" IL OF T=a� :. O', T OF
FAIMIOPL , AI.,AB.A:.! , AS FOLLO'�,S :
SECTION I. That Street Improvement Ordinance # 155 adopted
July 28, 1941 anc Ordinance # 160 confirmatory thereof adopted August
25, 1941 be and the sameaTe hereby amended by striking therefrom to
be improved 11 that part of Fairhmpe, Alabama Fast from Ingleside to
intersect with Greeno Boulevard;"
SBCTIOII 2. That the improvements, consiatinC, of the fill-
ing, grading, leveling and paving with bituminous surface treatment
on a prepared sand cl-y base including all necessary intersection
and street corners, draining to an extent necessary, all Atkinson
Lane from Bay View Avenue to SuL nit Street, in the town of Fairhope,
as heretofore determined, oraered and authorized by the said Street
Improvement Ordinance 4 155 and Ordinances supple:.aental and con-
firnatory thereof, having been finally constructed, completed and
accepted, the entire cost of smith improvements be and the sane is
hereby assessed in fair proportion against all the lots and parcel -
of land lying, alonr3 and abutting on the said street so improves,, to
the ezytent of the increased value, of such property by reason of the
special benefits derived from such improvements; Provided, however,
tnat in no case shall any assessment against any lot or parcel of
laid be -reater than the increased value of such lot or parcel of land
by reason of the special benefits derived from such improvements.
SECTION 3. That the I..ayor be and he is hereby authorizec
aid instructed to cause to be prepared a Roll or List showing the
names of the property owners, and opposite each name a aescription
of each lot or parcel of land proposed to be assessed for such im-
provement belon-inu to such owner or .owners, and the amount propos;(
to be assessed against each lot or parcel of land; such List shall
be entered in a well bo, nd book or loose-leaf boo_c firmly bound, pre-
pared for that purpose, and shall contain api)ropriate columns in
which payments iaay be entered and the lien of the assess.ent satisfied
by the proper official of the municipality; said boob: shall be
known as the "Assesoji.ent Book for Local Improvements" and shall
be a proper record, and no error shall be entered to invalidate
any assessment, an(� it shall be sufficient if the name of the
person in :-:hose name such property was last assessed for taxes for
state taxation is sho;.n in said book.
MCTION 4. That after the completion of the proper en- -
tries of each improve --sent, said book shall be delivered to the
Toi,n 81erk, who shall be ,na hereby is designated as the person
authorized to make collection of the said assess...,ents.
SyCTION 5. That upon the C.elivery to the Totiv;n Clerk of
such assessment book, the Clerk shall therempon give notice by
publication in some newspaper in Fairhope, -Alabama, that the assess-
ment Roll or List has been delivered to him anc is open for inspec-
tion in the office of the Town Clerk, the person authorized to make
collections of such asoess.,:.ents; such notice stall also state the
gnereal character of the improvements, the terminal point thereof
and the street, alleys, avenues and other portions thereof alon-
which the improvement has been constructed and of the improvemonLts
wade consisting of filling, grading, leveling and paving with
bituminous surface on prepared base , draining and the constructior.
of storm water sewers or lateral drains in connection with such
improvements, for the purpose of properly draining the Baia street
or portion thereof so improved and the propei'abutting thereon, to-
gether with the necessary appurtenances thereto; such notice shall
also describe the street, alleys, avenues and other portions thereof,
and set a time and place not less than 20 days from the date of pub-
lication of such notice at which the council shall meet to hear and
determine any objections or defenses that may be filed to such
assessments or the amount thereof; such notice shall be in substan-
tially the followinv form, viz;
NOTICE
Notice is hereby given that the improvements as determined
upon, ordered or authorized by Street Improve,ient Ordinance ,;i 155
adopted July 28, 1941, and Ordinances supplemental thereto and con-
firmatory thereof, have been constructed, completed and accepted
by the Town of Fairhope; that the general character of such improve-
ment consisting of filling, grading, leveling and paving with bi-
tuminous surface on a prepared sand clay base draining and the con-
struction of storm water sewers or lateral drains in connection with
such improvements for the purpose of properly draining the said street
and portions thereof so improved, and the property abutting thereon,
together with all necessary appurtenances thereto; that the said
street, alley avenue or portion thereof along which said improvements
have been constructed are as follows: (A) Atkinson Lane from Bayvi�w
Avenue to Suit Street all as per plat in the office of the Judge f
Probate, Baldwin County, Alabama. That the council has assessed th
entire cost of such improvement against all the lots and parcels of
land abuttinr- on the aforesaid street, alley and avenue to the extent
of the increased value of such property by reason of the special
benefits derived from such improvements; Provided, however, that in
no case shall any assessment against any lot or pparcel of land be
greater than the benefits to any such�lbt or'pardei of land by reason
of the special benefits derived from such Improvement; that the
"Assessment Book for Local Improvements" covering such improvement
and assessment so made has been completed and delivered to the under-
signed as Town Clerk and is open for inspection in the office of the
Town Clerk, the person authorized to make collection of said
assessments; that the Council will meet at the Town Hall in the
Tow4 of Fairhope at 8:00 o'clock P. M. on the Zb-,"day of 6rT-03 .�
19 'Mr -to hear and determine any objections or defenses that may
be filed to such assessi,ent, or the amount thereof.
Dated this the day of CPC- , 1942•
As Clerk of the Town of Fairhope, Ala.
SEC^_ION 6. That the Council meet at the Town Fall in the Town h:f
Fairhope, on the 1116 day of cTo�R-", 1942 at 8:00 O'clock P.M.
to hear and determine any objections or defenses that may be filed
to such assessments,or the amount thereof.
SECTION 7. That this Ordinance is hereby termed, designated and
shall be ,-nown and may be cited as "Street.Improvement Ordinances
of the -aA day of SSp/� , 1942, # l G S/ ."