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Home My WebLink About04-02-1979 Public Hearingr The Planning & Zoning Commission of the City of Fairhope, Alabama will hold a public hearing on April 2, 1979 at 5:00 p.m. at the City Administration Buildina for the ^onsidp.-ratiori of the following, ADD a new Section 709 as follows: 709 - Drainage and Inundation. Drainage plan shall be made for each subdivision by the Owner's Engineer which shall take into ac- count the ultimate or saturated development of the tributary area in which the proposed subdivision is located. Adequate provisions shall be made within each subdivision to provide drainage facilities needed within the subdivision taking into account the saturated development of the tributary area. The storm and sanitary sewer plans shall be made prior to other utility plans. Engineering considerations in subdivisions and other development ,,hall give preferential treatment to these gravity flow improvements as opposed to other utilities and improvements. Off-prenise (outside the subdivision area under consideration) drainage easements and improvements may be required of the owner to handle the runoff of subdivisions into a natural drainage channel. Under no condition shall storm drainage be emptied into the sanitary sewer line. Low areas subject to periodic inundation and areas subject to excessive erosion shall not be developed or subdivided unless and until the Planning Commission may establish that: (a) The nature of the land use (i.e., recreational areas) would not lend itself to damage,.by water,to an appreciable extent; or that, (b) The area may be filled or improved in such a manner to prevent such periodic inundation; or that, (c) Minimum floor elevations may be established to prevent damage to buildings and structures. The City Engineer or Planning Commission may require whatever additional engineering information they deem necessary to make a decision on subdivisions and other development which is in an area of questionable drainage. Lakes, ponds, and similar areas will be accepted for maintenance only if sufficient land is dedicated as a public recreation area or pond or if such area constitutes a necessary part of the drainage control system. Such park areas are subject to approval by the Mayor and Council of the City of Fairhope. Sewers shall be designed in accordance with good, accepted engineering practice. CHANGE the present Section 709 to become Section 710 and read: 710 - Guarantee Against Faulty Material. Final approval of street, storm drains, sewers, water and other improvements, referred to below as "improvements", shall be granted and accepted for maintenance by the City, only in accordance with one of the following provisions: 710.1 - Said street improvements shall have been completed and in place for a period of two years and shall, upon inspection following such period of time, be found to be free from defective workmanship or material and from erosional depressions or differential settling. 710.2 - Following otherwise satisfactory completion of such work, the subdivider shall post with the City a surety bond, effective for two years in an amount equal to twenty (20) percent of the improvements cost for which acceptance is sought. Said bond is to guarantee the City that said improvements have been installed properly and free from defects caused by faulty material or workmanship, and that said improvements will remain in acceptable condition for a period not to exceed two years. If at the end of a two year period the improve- ments are found unacceptable because of faulty workmanship or material, said defect shall be repaired at a cost to the subdivider up to the amount of the surety bond. Upon his failure or refusal to make adequate repairs within 90 days after demand is made of him by the City, then the City shall make such repairs as are necessary and recover the cost with the bond. fj �e rAIRROPE SINGLE TAX CORPORAT ADMINISTERING OFFICERS: FAIRIIOPE SINGLE TAX COLONY COUNCILMEN: SAM DYSON, President ESTABLISHED 1695 MARVIN NICHOLS C. W. ARNOLD, Vice President 336-340 FAIRHOPE AVE. T. H. BROWN D. W. GOODEN, Secretary FAIRHOPE. ALABAMA 36532 J. E. GASTON, Jr. F. I. BOONE, Treasurer TELEPHONE (205) 92e-6162 JOHN S. PARKER December 29, 1978 City of Fairhope Fairhope, Alabama Gentlemen: Fairhope Single Tax Corporation asks that you give consideration to and approve extension of the city limits of Fairhope, Alabama, to include the area lying east of the present city limits, and bounded on the north by Fairhope Avenue, on the east by Troyer Road (or Bishop Road), and on the south by Nichols Street. We understand that other property owners to the south of Nichols Street may also wish to be included, but we are requesting only the lands belonging to Fairhope Single Tax Corporation. Yours truly, FAIRHOPE NGLE TAX CORPORATION I By Sam Dyson, President SD:bn ORDINANCE NO. 634 9 ' AN ORDINANCE ANNEXING THE HEPEINAFTER DESCRIBED PROPFs'RTY i' WHICH SAID PROPERTY IS CONTIGUOUS TO THE CITY LIMITS 01.1 THE. I� CITY OF TAIRHOPI, ALABAMA, SUCH ANNEXATION BY PETITION OF ALL ' OF THE PROPERTY 011NERS AND LESSEES OF SAID PROPERTY I, WHEREAS, FAIRHOPE SINGLE TAX CORPORATION, a corporation, b the fee siir,z-)le owner of the hereinafter described property and y JACK E. POPE and WILMA C. POPE, husband and wife, and RUTH J. : d� SULLY, being the Lessees of Parcel One, as hereinafter described '+and FATRHOPE SINGLE TAX CORPORATION, being the legal title owner of Parcel Two and ROY E. BUTGEREIT and ELSIE A. BUTGEREIT, husbanc and wife,, be.inq the Lessees of. Parcel Two, hereinafter described property did by Petition, petition the CITY OF FAIRHOPE, Fairhope, Alabama, a municipal corporation, for annexation under Act 2228, adopted in the 1971 Regular Session of the Legislature of the State of Alabama, and WHEREAS, a map of both Parcels of said propert.%r is attached to the said Petition. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairhope, Alabama, by these presents do hereby annex all of the hereinafter described property, which is contiguous to the corporate limits of the City of Fairhope, Alabama and more parti-- cularly described as follows, to -wit: PARCEL ONE The South half (S1/2) of the Northwest Quarter (NIA71/4) of the Southwest Quarter (SW1/4), less 20 feet on the South and. 40 feet on the West for .roads and less the North 53.75 feet of the West Half of said South 1/2 of the NW1/4 of the SW1/4 of Section 16, Township 6 South, Range 2. East, Baldwin County, Alabama. PARCEL TWO The West Fial.f (111/2) of the Northeast Quarter (NEl/4 ) of the Northwest Quarter (NW1/4) of the Southwest. Quarter (SWI/4) , Section 16, after allowing 40 feet .for road on North and lying in Section 16, Township 6 South, Range 2 East, Baldwin County, Alabama. BE IT FURTHER OFDAINED by the City of Fairhope, Alabama, that the hereinabove described property is to be zoned B-2 General Business. BE IT FURTHER ORDAINED by the City of Fairhope, Alabama, that the City does hereby assent to the said annexation to -the City of Fairhope of the hereina.bove described property. BE IT FURTHER ORDAINED by the City of Fairhope that a Certified copy of. this Ordinance, along with the Petition and �i map attached thereto be recorded in the Office of the Judge of P Probate of Baldwin County, Alabama.. A THIS ORDINANCE shall take effect immediately upon its due.' i1 adoption and publication as required by law. !, Adopted this the 4�day of 1-979. 40 { e{ CITY OF FAIRHOPE, a municipal I cor-oor.ation. I By: — /� MAYOR AT'�.EST : I/ City C4erk ' — U PETITION FOR ANNEXATION STATE OF ALABAMA COUNTY OF BALDWIN FAIRHOPE SINGLE TAX CORPORATION, a corporation and beir.,.g the owner of the hereinafter described _lands in fee simple, and JACK E. POPE and WILMA C. POPE, husband and wife, and RUT'H J. SULLY as Lessees of Parcel One and FAIRHOPE SINGLE TAX CORPORATIOt a corporation being the holder of the legal title and ROY E. BUTGERFIT and wife, ELSIE A. BUTGEREIT, being the Leaseholders of Parcel Two, such property being without the corporate limits of the City of Fairhope, Alabama, but being contiguous to the cor- porate limits of the City of Fairhope, and such property not lyinc within the corporate limits or Police Jurisdiction of any other municipality, do by these presents hereby petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. A man of said Parcels One and Two is attached hereto. This Petition is filed under authority of. Act No. 2228, 1971 Acts of the State Legislature of the State of. Alabama, and the property >^eing more particularly described as Parcels One and Two as follows, to -wit: PARCEL ONE The South half (Sl/2) of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4), less 20 feet on the South and 40 feet on the West for roads and less the North 53.75 feet of the West Half of said South 1/2 of the NW1/4 of the S111/4 of Section 16, Township 6 South, Range 2 East, Baldwin County, Alabama. PARCEL TWO The West Half (W1/2.) of the Northeast Quarter (;VElj4) of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4), Section 16, after allowing 40 feet for road on North and lying in Section 16, Township 6 South, Range 2 East, Baldwin County, Alabama. :;. nu IJN WITNESS WlIrREOF, the Petitioners have caused these presents to be executed on this the day of _�_, 1979. ATTEST: FAIRHOPE SINGLE TAX CORPORATION By •-- s i President POPE - LES�% WILMA C. POPE - LF.. EF ____E --1 7 RU H J. SUle_ - LESSEE ROY E. BUTGEREIT S S E E (SEAL' ELSIE A. BUTGEREIT - LESSEE STATE OF ALABAMA COUNTY OF BA)51IN I, the undersigned authority, a Notar_�, Pub-L' in and for_ sai county and state, hereby certifv that and whose names are signed as President and of FAIRHOPE SINGLE TAX CORPORATION, a corporation and who are known to me, acknowledged before me on this day that, being informed of the contents of said Petition For Annexation, they, as such off-icer; and with full authority .for said corporation, executed the same voluntarily on the day the same bears date. Given under my hand and seal this the day of 1979. NOT Y PUBLIC My Comm•ssio Expires: _1 1 " -2- ca T_ STATE OF' ALABAMA COUNTY OF 13ALDWIN G•_��Ghe undersigned authority, a Notary Public in and for said county in said state, hereby certif-v that 1 JACK 1. POPE and wife, WI.LMA C. POPE, the Lessees herein, whore ' names are signed to the foregoing Petition For Annexation and who are known to me, acknowledged before me on this day that, being informed of the contents of said Petition, they executed the Isame voluntarily on the day the same bears date. Given under my hand and seal this _qay ofe�_ . , 1979. / d My Comml,. si n Expires: NOTARY PUBLIC STATE OF' A:-ABAMA COUNTY OF 1BALDWIN I , � n�the undersigned authority, a Notary Public in <ind for said cod/nty in said state, her_ebm certify that RUTH ;J. StJLLY, the Lessee herein, whose name is signed to the foregoing Petition For Annexation and who is known to me, acknow- ledged before me on this day that, being informed of the contents of said Petition, she executed the same voluntarily on the day th same bears date. M G:iven under my hand and seal —_ 1979 i My Commission Expires: --_ � j STATE OF' ALABAMA COUNTY OF BALDWIN, I, , the undersigned authority, a Notaz Public in and for said cou/tv in said state, hereby certify that ROY E. BUTGEREIT and wife, ELSIE A. BUTGEREIT, the Lessees herein, whose names are signed to the foregoing Petition For Annexation and who are known to me, acknowledged before me on this day that, being informed of the contents of said Petition, they executed the same voluntarily on the day the same bears date. Given under my hand and seal this /7 day of/-y� 1979. My C'o/mmission Expires: —�7 1 / I ;,rz 9 In mm J L l r ✓✓ i- ) ✓L v I I I I ioo ,r,p 7"-) -woo F.S.T.c. � But9ar-cait 8i-.a�ges, LE'SSCC yl Ge.sS'c'a iJ [ II yJ i l^\ 1 S ' ' v II I r G I I _ I ruji II ;I 0- r , r FAIRIIOPE TITLE & SCRVEW CO:, INC. ,00 Nown, nn vcaorr :*nrcr rrmonc uu,"e,.a '�'*.'�e.ieirn. r+rc r�+o inei ne __--�i�O,r. IO�nii.,ry DH4WN ,� u