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09-28-1942 Regular Meeting
t STATE OF ALABAMA COUNTY OF BALD7I IN The Town Council of the Town of Fairhope met in regular session at the Town Hall, Monday, Sept. 28, 1942 at 7:.30 P.M. with the following members present: Howard Ruge, 1:4ayor, Councilmen: M.O. Berglin, C.A. Gaston, H.P., Kamper and J.O. Stimpson. The minutes of the previous regular meeting were approved as read. The following ordinance was introduced by Councilman C.A. Gaston, read in full by the Clerk and considered by the Council, .the said Ordinance being as follows: W ORDINANCE N0./by An Ordinance to emend Street Improvement Ordinance 155 adopted Zuly 26, 1941 and Street Ordinance # 160 adopted August 25, 1941 and to, assess the entire cost of construction of the improvements determined upon and authorized and ordered by Street Improvement Ordiauce # 155 and Street Improvemena Ordinance 160 in fhir proportion against all of the lots and parcels of land lying along uad abutting on the stroot improved, served, or benefited under the aforesaid. Ordiances, viz: (1) hat part of Atkinson Land frora Bayview Avenue Last to Suit Street., Provid- ed that such €tssessrient shall not exooed the increased value of such property by reason of the special benefits derived from said improvements: to authorize, prescribe and order the preparation of the assessment book for local improvements and to prescribe :the manner of preparation and the f'orw for the same; to provide for the delivery of said book upon ,00mpl;etion to the Town Clerk; to desig- nate as a person and to authorize him to make collection of said assessments; to provide for the giving of notice of the completion of such assessraeut book and of the meeting of the council to hear and determine any objeotions or defenses.to such assessments and to prescribe the form of 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 tho amount thereon and to give this Ordinance an official designatioup 13D IT 0RDAINED BY THE T01711 COUNCIL OF TEE TOTM OF FAIRHO , :4LA&1UA,, A$ FOLLOWS: SECTION 1. That Street Improvement Ordintsnoe # 155 adopted July 28, 1941 and. Ordiaanae # 160 aianfirmatory thereof adopted August 25, 1941 be and the same ale hereby amended by striking therefrom to be improved " that part of Fairhbpe, Alabama Last from Ingleside to intersect with Greeno Boulevard;" SECTION 2. That the Improvements, considting of the fill- ing._grading, leveling and pavisg,with bituminous surface treatment on a prepared sand clay base including all necesuary intersoction and street corners, draining to an extent neoeesary, all Atkinson Lane from Bay View Avenue to Summit Street, in the town of Fairhope, as heretofore detQrminod, ordered and authorizod by the said Street Improvement Ordinance # 155 and Ordinunoen supplemental and con- f'irraatory thereof having been finally constructed, completed and acoopted, the entire cost of sdoh improvements bo and the same is hereby assessed in fair proportion aQai.nat all the lots and parcels of land lying, along a.nd.abutting on. the said street so improved, to the extent of the increased value, of such property by reason of the special benefits derived from,suoh improvemente Providod, however, that in no case shall any assessment against any lot or parcel of land bp greater than the increased vral.u® of such lot or parcel of land. by reason of the special benefits derived from suuh improvements. SECTION ?. 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 proposed to be assessed against each lot or parcel of land; such List shall be entered in a well bound hook or loose-leaf book firmly bound, pre- pared for that purpose, and shall contain appropriate columns in wh ioh payments may be entered and the lien of the assossraont satisfied by the proper official of the municipality; saki book shall be known as the "Assessment Book for Local Improvementan. and shall be a proper record, and no error shall be entered to invalidate any assessment, and it shall be sufficient if the name of the. person in whose name Such property was vast assessed for tgxeg for State- tux&tion is ehown in said book, SECTION 4, That after the completion of the proper En-l- tries of each improvement, said book shall be delivered to the TOM Olerk, who s4hall be and hereby is designated as the person authorized %:o make collection of the said assessments. SECTION 5•, That upon the delivery to the Town dlerk of such :assessment book, the Clerk shall there*pon give notice by publication in some newspaper in ra rhope Alabama* that the assess- ment Roll or List has been delivered�to him and is open for,ins�peo- tion in the office of the Town Clerk, the person authorized to make collections of such assessments; such notice Shall also state the guareal. ohuraoter of the improvements, the terminal point thereof and the street, alleys, avenues and other portions thereof along which the improvement has been constructed and of the improvements made oonsidting of filling, grading," leveling and paving with bituminous surface on prepared base draining and the construction Of storm water sewers 02 lateral drains in connection with such improvements, for the purpose of properly draining the said street or portion thereof So improved and the prope*abutting thereon, to- gether with the necessary appurtenances thereto; such notice shall also describe the streets;- alleys, avenues and other portions thereof, and set a time and place not less than 20 days from the date of pub- lioation 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 following form,, viz; NOTICE Notice is hereby, given that tho improvements as determined upon, ordered or authorized by Street Improvement Ordinanoe # 155 adopted Xuly 28, 19419 and Ordinances supplemental thereto and con- firmatory thereof, have been construoted, completed and aooepted by the Town of Pasirhope; that the general character of such improve- ment oonsidting of filling, grading, leveling and paving with bi- tuminous surface on a prepared sand clay baseAraining and the con- struction of storm water sewers ow lateral draluu 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 whalh said improvements have been constructed are ns follows: (A) Atkinson bane from Bayviow Avenue to Summit Street alai as per plat in the office of the Fudge Of Probate,, Baldwin County, Alabama, That the council has assessed th, entire cost of such improvement against all the lot$ and parcels of land abutting 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 parcel of land be great©r than the benefits to any,.such lot or parcel -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 Clerko'the person authorized to make toaessmente that the Council will meet at Torre- of F'airhope at 8;00 of olook P. ti4 on 19„ to hoar and determine an3r objectionz be filed to such asuess:aent, or the amount oollcotion of B&id the Ton Hall in the the .a b day of © cr , o:: Te"' uses tha�may thereof. Dato4 this the - Z day of �.�......: .1942 As C1er o:of Fairhope, Ala, SECTION 6* That the ouncil m et; at the Tarn Hall in the Towntif Fairhope on the « ay of Uc'r � a 1942 at 8:00 of elock P.�4i. to hear and determine any ob�q`'oo"ons or defenses that nay be filed to such assessments,of the amount thereof.. SECTION 7. Thut this Ordinance is hereby termed, designated and shall be ,kacnj i and may be cited as "Street-" mprovement Ordinances of the day of e- pr, , 1942, # . It was moved by Councilman C.A. Gaston and seconded by Councilman IA.O. Berglin that all rules and regulations of the Statutes of the Town Council of the Town of Fair - hope which might prevent, unless suspended,'the immediate consideration and final passage and adoption of said ordinance at this meeting. The question being put upon the adoption of said motion and suspension of the said rules and regulations, the roll was called with the following .results: Voting Aye: Howard Ruge, ilayor,, G.A. Gaston, H.P. Kamper, 11.0. Berglin and J.O. Stimpson, Councilmen. Voting Nay: None Mayor declared the motion carried. Councilman J.O.. Stimpson therefore moved that the said Ordinance be finally passed and be adopted as intro- duced. Coun:.-ilman M.O. Berglin seconded the motion. The question being put upon the final passage and adoption of said Ordinance, the foll was called with the following results: Voting Aye: Howard Ruge, Mayor, C.A. Gaston, H.P. Kamper, 11.0. Berglin and J.O. Stimpson, Councilmen: Voting Nay: None Thereupon, the LTayor declared said motion carried and the Ordinance finally passed and adopted. The Mayor thereupon signed said Ordinance in approval of the same. It was moved by Councilman C.A. Gaston and seconded by Councilman J.O. Stimpson that Town officers be directed to enforce cooperation of speed resttidti6ns as set forth by Federal Government for conservation of rubber. Motion carried. It was moved by Councilman C.A.. Gaston and seconded by Councilman 11.0. Berglin that the Organic School be allowed use of Commings Hall each Thursday night to be used for folk dancing. Motion carried. It was moved by Councilman M.O. Berglin and seconded by Councilman H.P. Kamper that the building permit fee be collected for each unit. :lotion carried. It was moved by Councilman M.O. Berglin and seconded by Councilman J.B. Stimpson that the building permit of Robt. Nahrgang be granted subject t to payment of $2.00 fee for each individual unit. Motion carried. It was moved by Councilman C.A. Gaston and seconded by Councilman H.P. Kamper that in consideration of increased living costs that salaried employees 'of the Town be given a 10% increase in pays effective with October payroll. Motion carried. It was moved by Councilman H.P. Kamper and seconded by Councilman J.O. Stimpson that the foregoing motion be amended to increase the pay of R.C. Yohn by additional �10.00. Motion carried. It was duly moved and seconded that the meeting adj/�. Approved: �j Mayor Tow� lE k —�