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HomeMy WebLinkAboutO-189ORDINANCE NO. AN ORDINANCE TO ASSESS THE ENTIRE COST OF THE CONSTRUCTION OF THE MPROVEMENTS DLTE'RIAINED UPON , AUTHORIZED ND ORD RED BY "STREET IMPROVEMENT OR- DIN.�KCE OF , 1948, IRRMERED ", DULY ADOPT-E,) $1948 , AID ORDII ANCEE SUPPLE- MEIV'TAL THE `10, IN FAIR PROPORTION AGAINST ALL OF THE LOTS �4:QD PARCELS OF LTD LYING ALO,!G AND ABUTTING ull THE 6TRE:�T6 ImTROVED, SERVED OR BEIM- FITTED, PROVIDED THAT SUCH ASSESSrEITT SHALL NOT EXC., QED THE II:CREASED VALUE 01' SUCH PROPERTY BY R:ASON OF THE SPECIAL BENEFITS DERIVED FRO..I SAID MPROVE11ENTS; TO AUTHORIZE, DIRECT AND ORDER THE PREPARATION OF THE "ASSESS:TENT BOOK FOR LOCAL IPJIPROM.IENTS" AIM TO PRESCRIBE THE HAN' ER OF PRE- PARIITG AIM FORM, FOR THE SAIl�E ; TO PROVIDE; FOR THE DELIVERY OF THE SAID BOOA UPON CO.e.TPLETION TO THE TOWN CLERK; TO DESICNAT A; THE CLERK AS TM- eERSON AND TO AUTHORIZE HIId TO iViAi , COLLECTIONS OF SAID ASSESS,]EIITS ; TO PROVIDE FOR THE GIVING OF NOTICE OF Tim+' COi.a'LETI0;.1 OF SUCH AS.>ESSi..:,IIT BO'CiC AND OF THE AB_,;TING OF THE COUi%CIL TO tPEAR AI1D DETERfJIITE ANY OBJECTIONS OR DEYEI;SES TO SUCH ASaLSS=:�A'TS A,0 TO PRLbCRIB- TIE FOR:.i FOR SUCH NOTICE; TO PRO- VIDE FOR A k:E.=iiG 02 TIE COU.�CIL TO HEAR A D DL- TERIIII41!, AIN OBJECTIONS OR DL=Tbj.;S THAT i, AY BE r'ILED TO SUCK 4SSE0S JEi.0'.> OR THE A..:OTTiT THEREOF, AND TO GIVE THIS ORDI14ANCE AN OF- ICIAL DESICNATION. BE IT ORDAINED BY THE TO�TZT COUNCIL OF TI_; TOX.T OF FAIRHOPE, AL_ABAI TA , AS FOLLOWS: Section 1. That the improvements, consistin.7 of the filling, grading, leveling, graveling, pavin„ sidewalking, curb- ing, guttering, draining and the construction of storm water sewers or drains or lateral storm sewers in connection with such improve- ments for the purpose of properly draining the portions of streets so i.,tproved and the property abuttini- thereon, together with all necessary appurtenances thereto, within the corporate limits of the Town of -'airhope, as iierpiil aeterisine upon ord re and auth- orized by "Street Improve,ient Ordnance of ,1948, num- beredt,( ", duly adopted , 1948, Jhd 1 ordinances sup- plemental thereto, having be finally ordered, constructed, coLi- pleted and accepted, the entire cost of completing said improve- ments be and the same is hereby asses.,ed in fair fror;ortion :against all the lots or parcels of land lying along aad abuttin on the streets so improvec, to the extent of the increased value of such nrocerty by reason of the special benefits aerived frog such i.:1- prove..:ent; provided, ho:,,ever, that in no case shall any as:.e: s- ,aent a ainst any lot or parcel of la_ld be gre.;ter than the in- creased value of such lot or parcel of land by reason of the sre- cial benefits derive: from such i.iprovemer_t. oecti.on 2. That t-ie �._ayor be and he ics ;.ereby author- ized and instructed to cause to be prepared a Holl or List 81lov.- ing the names of the property owners, and opposite oath naiie a ­escrirtion of each lot or parcel of lava proposed to be a5:essea for such irly,rove..ient ;elongi.r_,1; to such owner or o,.aliers, anti the a__ount �propoced to he assessed aL;ainst each lot or parcel of land; such List small be ent,-rea in a well bound boot: it loose-leaf boor: fir,aly bourd, pre -tired for that hurler.-., anti shall contain appro- pri-.te colu. r_s ii1 i-i' ch paymontc l.iay be credited and the lien of the uSL essment satisfied by the proper officer of the municipality; said book shall be known as the "Assessment Book for Local Im- provements" and shall be a public record, and no error or mistake in regard to the name of the owner shall be held to invalidate any assessment, and it shall be sufficient if the name of the person in whose name such property was last assessed for taxes for state taxation is shown in said book. Section 3. That after the completion of the proper entries of each improvement, said book shall be delivered to the Town Clerk, who shall be and hereby is designated as the person and authorized to make collection of the said assessments. Section 4. That upon the delivery to the Town Clerk of such Assessment Book, the Clerk shall thereupon give notice by publication one time in the Fairhope Courier, a newspaper published in the Town of Fairhope, Alabama, that the Assessment Roll or List has been delivered to him and is open for inspection in the office of the Town Clerk, the person authorized to make collection of said assessments; said notice shall also state the general char- acter of the improvements, the terminal points thereof and the streets, alleys, avenues, sidewalks or other highways or portions thereof along which the improvement has been constructed and the improvements made, consisting of filling, grading, leveling, grav- eling, paving, sidewalking, curbing, guttering, draining and the construction of storm water sewers or drains or lateral storm sewers in connection with such improvements for the purpose of properly draining the portions of streets so improved and the property abutting thereon, together with the necessary appurten- ances thereto; said notice shall also describe the streets improv- ed, served or benefited by the said improvements by naming the streets, alleys, avenues, sidewalks or other highways and shall specify and set forth a time and place not less than twenty (20) days from the date of publication of such notice at which the Council shall meet to hear and determine any objections or de- fenses that may be filed to such assessments, or the amount there- of; said notice shall be in substantially the following form, viz.: NOTICE. Notice is hereby given that the improvements as determined upon, ordered and authorized by. "Street Improve- ment Ordinance of , 1948, numbered/KL", duly 4 adopted , and Ordinances supplemental thereto, hav een ccostructed, completed and accepted by the Town of irhope; that the general character of such improvements is the filling, grading, leveling, graveling, paving, sidewalking, curbing, guttering, draining, and the construction of storm water sewers or drains or lateral storm sewers in connection with such improvement for the purpose of properly draining the portions of streets so im- proved and the property abutting thereon, together with all necessary appurtenances thereto; that the said streets, al- leys, avenues, sidewalks,or other highways or portions there- of along which said improvement has been constructed are as follows: • No. 1. No. 2.. 0' No. 3- mil No. 4. Volanta Avenue from East Corporate limits to Mobile B* Grand Avenue from Section Street to west line of Lots 11 in Blocks 3 and 4 of Airey Heights. t Gayfer Street from Section Street to Bon Secour Avenue. ' rairwood Boulevard from Section Street eastward to end of development -from Fairhope Avenue northward and east- ward to end of development. No. 5: North Street from Summit to Bay View. No- 6. St, James Street from Bay View to Church Street. )� No. 7• Summit Street from south line of Lots 1 Block 11, Lots 6 Block 10 of division l to St. James Street. No. -8. Young Street from NE corner of SE* of SF4 of SW} of r1A'Section 17 Township 6 South Range 2 East to Nichols Street, No. 9. Morphy Avenue from Church Street to Section street;from NE corner of West 2/5 of north + of SW-k of Sli of Section 17 Township 6 South Range 2-Sast to Greeno Boulevard; Morphy Avenue from Section Street to NE corner Lot 3, Block 3 of Central Park Addition. �-)(No-10, Fels Avenue from Section Street to Oswalt Street. Noll- Gaston Avenue from Church Street to Section. street. +� No.12. White Avenue from Church Street to Oswalt Street. ��No,13. Nichols Street from Summit Street to Section Street. lcc 14. Section Street Prom White Ave. south to Corporate limits. t. P?No.15. Ingleside Avenue from Morphy Avenue to Fairhope Avenue; from 3E corner of Lot 11 to NE corner of Lot 13 of Green Subdivision. �' No -16 . P, , No-17. j1 , •', . Ole.0. 18 No.19. ;',6' N0.20. No.21. f 1 C No. 22. �'/�No.23. No.24- Fai.rhope Avenue from Ingleside Avenue to Greeno Boulevard, School Street from Morphy Avenue to Nichols Street. Nichols Street from Mobile Avenue to east line of Freedom Street thence to Equity Street. Pier Street from Mobile Bay to Pomelo Street. Ettel Street from Morphy Avenue to Fels Avenue. Pomelo Street from Pecan Street to Nichols Street. Church Street from Fels Avenue to Nichols Street. Pecan Street from Beach View Avenue to Pomelo Street. Satsuma Street from Pier Street to Nichols. Street.. {` --A Including all street, avenue and alley intersec- tions and public places; All as per plat filed in the office of the Judge of Probate of Baldwin County, Alabama. 0 t That the Council has assessed the entire cost of such improvement against all the lots or parcels of land abutting on the aforesaid streets, alleys, avenues, side- walks and public highways, to the extent of the increased value of such property by reason of the special benefits derived from such improvement; provided, however, that in no case shall any assessment against any lot or parcel of land be greater than the increased value of such lots or parcels of land by reason of the special benefits derived from such improvement; that the "Assessment Book for Local Improvements" covering such improvement and assessments so made has been completed and delivered to the undersigned as Town Clerk and is open for inspection in the office of the Town Clerk, the person authorize(, to make collection of said assessments; that the council will meet at the Town Hall in the Town of Fairhope at '� o'clock P. M., on the h day of ,;a,,,�`� , 19 , to hear and determine any objections or defenses that may be/filed to such assessment, or the amount thereof. Dated this the '1 day ofr, I ratI. , 194. C As Clerk of the Town of Fairhope, Alabama. X, Section 5. That the Council meet at the Town Hall in the Town of Fairhope, on the 2,1 day of , 194 at ,Z__ 3i ) o' clock P. Ni. , to hear and determine any ob jectionsor defenses that may be filed to such assessment , or the amount thereof. Section 6. That this Ordinance is hereby termed, designated and shall be known and may be cited as "Street Improve- ment Ordinance of the 7 7, day of `22) 19 . , numbered. _L C • tf O