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Home My WebLink AboutO-265ORDINANCE NO. 265 AN ORDINANCE TO ASSESS FOUR DOLLARS and 35/100 DOLLARS ($4.35) PER FRONT FOOT OF THE COSTS OF THE CONSTRUCTION OF THE IMPROVEMENT'S DETERMINED UPON, AUTHORIZED AND ORDERED BY "STREET IMPROVE- MENT ORDINANCE OF JULY 14, 1958, NUMBERED 254't, DULY ADOPTED JULY 14, 195,8, AND ORDINANCES SUPP- LEMENTAL THERETO, IN FAIR PROPORTION AGAINST ALL OF THE LOTS AND PARCELS OF LAND LYING ALONG AND ABUTTING ON THE STREETS IMPROVED, SERVED OR BENE- FITTED, PROVIDED THAT SUCH ASSESSMENT SHALL NOT M EED THE INCREASED VALUE OF SUCH PROPERTY BY REASEON OF THE SPECIAL BENEFITS DERIVED FROM SAID IMPROVEMENTS: TO AUTHORIZE, DIRECT AND ORDER THE PREPARATION OF THE "ASSESSMENT BOOK FOR LOCAL IM- PROVEMENTS" AND TO PRESCRIBE THE MANNER W PRE- PARING AND FORM FOR THE SAME: TO PROVIDE FOR THE DELIVERY OF THE SAID BOOK UPON COMPLETION TO THE CITY CLERK: TO DESIGNATE THE CLERK AS THE PERSON AND TO AUTHORIZE HER TO MAKE COLLECTIONS OF SAID ASSESSMENTS: TO PROVIDE FOR THE GIVING OF NOTICE OF THE COMPLETION OF SUCH ASSESSMENT BOOK AND OF THE MEETING OF THE COUNCIL TO HEAR AND DETERMINE ANY OBJECTIONS OR DEFENSES TO SUCH ASSESSMENTS AND TO PRESCRIBE THE FORM FOR SUCH NOTICE: TO PROVIDE FOR A MEETING OF THE COUNCIL TO HEAR AND DETERMINE ANY OBJECTIONS OR DEFENSES THAT MAY BE FILED TO SUCH ASSESSMENTS OR THE AMOUNT THEREOF, AND TO GIVE THIS ORDINANCE AN OFFICIAL DESIGNATION, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. That the improvements, consisting of the filling, grading, leveling, graveling, paving, sidewalking, curb- ing, 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 all necessary appurtenances thereto, within the corporate limits of the City of Fairhope, as herein determined upon, order- ed and authorized by "'Street Improvement Ordinance of July 14, 1958, numbered 2541", duly adopted July 14, 1956, and all ord- inances supplemental thereto, having been finally ordered, con- structed, completed and accepted, that Four and 35/100 Dollars ($4.35) Per front foot of the costs of completing said improve- ments be, and the same is hereby assessed against all the lots or parcels. of land t y_i ng a I,ong and abutting on the streets so improved, to the extent of the increased value of such property by reason of the special benefits derived from sich improvement; any lot or parcel, of land be greater than the increased value of such lot or parcel of land by reason of the special benefits de- rived from such improvement. Section 2. That the Mayor be and he is hereby authorized and instructed to cause to be prepared. a Roll or List showing the names of the property owners, and opposite each name a description of each lot or parcel of land proposed to be assessed for such im- provement belonging to such owner or owners, and the amount pro- posed to be assessed. against each lot or parcel of land; such list shall be entered in atwell bound book or loose-leaf book firmly bound, prepared for that purpose, and shall contain appropriate columns in which payments may be credited and the lien of the assessment satisfied by the proper officer of the municipality; said book 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 sifficient if the name of the person in whose name such property was last assessedfor 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 City Clerk, who shall be and hereby is designated as the person authorized to make collection of the -said assessments. Section 4. That upon the delivery to the City Clerk of such assessment book, the Clerk shall thereupon give notice by purblication one time in the Fairhope Courier, a newspaper publishedjin, the City of Fairhope, Alabama, that the Assessment Roll or List has been delivered to her and is open for Inspect- ion in the dfice of the City Clerk, the person authorized to make collection of said assessments; said notice shall also state the general character 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 fill- ing, grading, leveling, graveling, paving, sidewalking, curbing, guttering, draining and the construction of storm water sewers or drains or lateral storm sewers in connection with sich im- provements for the purpose of properly draining the portions of streets so improved and the property abutting thereon, together with the necessary appurtenances thereto; said notice shall also describe the streets improved, 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 de- termine any objections or defenses that may be filed to such assessments, or the amount thereof; said notice shall be in substantiailly the following form, viz; NOTICE. Notice is hereby given that the improvements as determined upon, ordered and authorized by "Street Improvement Ordinance of July 14, 1958, numbered,254"', duly adopted July 14, 1958, and Ordinances Supplemental thereto, have been con- structed, completed and accepted. by the Town of Fairhope; that the General Character of such im- provements is the filling, grading, levelling, graveling, paving, sidewalking, curbing, gutter- ing, draining, and the construction of storm water sewers or drains or lateral storm sewers in con- nection 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, alleys, avenues, sidewalks, or other highways or portions thereof along which said improvement has.been constructed are as follows: I. Grand Avenue from present paving to North Mobile Avenue. 2. Liberty Street from Pecan to Nichols. 3. Pier Street from Church to Pomelo. 4. Kumquat Street from Pier to dead end. 5. Sea Cliff Drive from City I imits South. 6. Gayfer-Bon Secour to Greeno 7. Gayfer Court -Section Street West. 8. Satsuma -Nichols to Pier. 9. Fig -Mobile Avenue East to City Limits. 10. N. Mobile Avenue -Grand to Pensacola. II. Pinecrest-Church Street West to present paving. Including all street, avenue and alley intersections and public places:; All as per plat filed in the office of the Judge of Probate of Baldwin County, Alabama. That the Council has assessed. $4.35 per front foot of the costs of such improvements against all the lots or parcels of land abutting on the afore- said streets, alleys, avenues, sidewalks and public highways, to the extent of the increased value of such property by reason of the special benefits de- rived from such improvement; provided, however, that in no case shall any assessment against any lot or parcel of 16nd be greater thanithe 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 improvementsrr covering such improvement and assessments so made has beerx completed and delivered to the undersigned as City Clerk and is open for inspection in the office of the City Clerk, the person authorized to make collection of said assessments; that the Coun- cil will meet air the City Hall in the City of Fair - hope at O'clock P. M. , on the , day of 00 , to hear and determine any objections or defenses that may be filed to such assessment, or the amount thereof. Dated this the day of , 19 As C I erk of the C i ty of Fa i rhope, A I abama Section 5. That the Council meet at the City Hall in the City of Fairhope, Alabama on the day pf , 19 , at o'clock P. M. , to hear and determine any objections or defenses that may be filed to such assessments, or the amount thereof. Section 6. That this Ordinance is hereby termed, de-- signated and shall be known and may be cited as "'Street Improve- ment Ordinance of the day of 19 numbered n Mayor