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Home My WebLink About10-26-1942 Regular MeetingSTATT] OF ALABAIA C M-TTv OF BAUX-7IN The Town Council of the Town of Fairhooe met in regular session at the Town Hall,-.1ond.ay, October 26, 1942 at 7:30 P.M. z-ith the following members presentL Ho---ard huge, I ayor, ouncilmen: I:i.O. T�erglin, C.A. Gaston, H.P. Kamper and J.O. ;timpson. The minutes of the previous regular meeting 7!ere approved as read. It was i:loved by Councilman C.A. Gaston and seconded by Councilman II.P. i,�rimp-r that the existing provision for restraint of dogs, as co.stained in the bl�=..ckout Ordinance, remain unchanged. Motion carried. It was rloved by 'ouncilman 11.0. Berglin and seconded by Councilman C..^,. Gr;ston that the building application of Albert G. Herbel be allo--Ted. I;Iotion carried. It was moved by Councilman J.O. 5timpson and seconded by Councilman C.A. Gaston that the building application of R. Roy I.,Ioyer Lot 3, I31k. 12, Div. 1, be allowed,. 11otion carried. Councilman C.A. Gaston introduced and of the following resolution, the said seconded by Counc ilr_,a.n J .0. Stimpson having been read in full -.Tas ^ut u-pon the following resulting vote: Voting for same: Councilmen C.A. H.P. Kamper and J.O. Stinpson Voting against same: None rioved the adoption motion having been and the resolution its passage `-ith Gaston, 111.0. 3erglin The said resolution being as follows: Whereas, the street improvements considting of the filling,. grading, leveling, graveling,, paving, 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 improved and the property abutting thereon, together with all the necessary appurte- nances thereto, heretofore determined upo , o Jere," and authorized by "Street Im ovement Ordinance of / V- , numbered duly adopted , and qtdindncesf supplemental thereto, were finallytordeiYedl cons rutted, completed and accepted and the entire cost of the constructio of said i rovement was by "j2M t Improvement Ordi ante of the /�7; numbered duly adopted on the , my assessed in Pair pr portion against all the ToW or Parcels of land abutting on the streets, ave- nues, alleys,sidewalks or other highways so improved or benefited by such improvement to the extent of the increased value of such pro- perty by reason of the special benefits derived from such improvement, it being provided, however that in no case should any assessment against any such lot or parcel of land be greater than the increased value of such lot or parcel of land by reason of the special benefits derived from such improvement; And Whereas, upon the completion of said improvements the Mayor of the Town of Fairhope did 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 improvement belonging to such owner or owners, and the amount proposed to be assessed against each lot or parcel of land, such List being entered in a loose-leaf book firmly bound, prepared for that purpose, and containing appropriate columns in which the payments may be credited and the lien of the assessment satisfied by the proper officer of the municipality, -said book being known as the "Assess- ment Book For Local Improvements" and having been delivered to and filed y the Clerk 6f the Town of Fairhope under date of the L,r� day Of Ai 11942; And Whereas, after the completion of the proper entries of each improvement, said book was as aforesaid delivered to and file b th Clerk of the Town of Fairhope under date of the _-p,�, 'P- who thereupon gave due notice by publication one time i the Fairhope Courier, a newspaper published in Fairhope, Alabama, and of general circulati n therein, said tics appearing in the issue of said paper as of ,�Q�j�/1�V, that such Assessment Roll m or List had been delivered to hiand was open for inspection in the office of the Town Clerk, the person authorized to make collection of said assessments and that the Council w ul eet at he Town Hall in the Town of Fairhope at ' /a C/_ said date being not less than twenty 20 days from the date of publi- cation of said notice, to hear and determine any objections or defenses that may be filed to such assessments or the amount thereof, said notice also stating the general character of the improvemtns, the terminal points thereof and the streets,alleys, avenues or other portion thereof along which the improvement has been constructed and the improvements so made considting of filling, grading, leveling and paving with bi- tuminous surface, and draining, and the construction of storm water or lateral drains in connection with such improvement, for the pur- pose of properly draining said street and the property abutting there- on, together with the necessary appurtenances thereto, said notice also describing the street, alley, avenue and portions thereof so im- proved. And Whereas, the town council having met and now being in session at this time, place and date set forth, determined and men- tioned in said notice for the purpose of hearing and being ready to hear and having called upon all persons present to make or file any objection or defenses which any of them might have to such assess- ment or the amount thereof: And Whereas, no objection or defense is made or filed by any person to any such assessment or the amount thereof, and the town council having inspected and examined said roll or list as hereto filed with the said town clerk on the L_day of and having found the same to be in all respects correct, true and proper; NOW THEREFORE, BE IT RESOLVED BY THE T001N COUNCIL OF THE TOWN OF FAIRHOPE, ALABAMA, AS FOLLOVIS:- Section 1. That the "Assessment Book for Local Improvements" covering the treet improvem nts constructed under "Street Improv�etnent Ordinance of YY ", duly adopted on an supplemental ordinances thereto, as filed with the Town Clerk on the _day of (P e , 1 ;* be and the same is here- by in all respects confirmed, approved, ad6pffed and made final. Section 2. That as and for the assessment against each lot or tract or parcel of land described and included in said Assessment Roll there be and is hereby fixed and ordered the respective amount and amounts fixed, set out and shown for each such lot or parcel or tract of land in and by the said" Assessment Book for Local Improve- ments" as filed with the Town Clerk on the I_day of m , , and hereinabove referred to. Section 3. That all such assessments shall from this date be and constitute a lien on the respective lots or parcels of land upon which they are levied, superior to all other liens, except to the State and County for taxes. Section 4. That all such assessments shall be paid in cash within thirty days, provided that any property owner may at his election, to be expressed by notifying the Town Clerk in writing within thirty days from the date hereof, pay such assessment in ten equal annual installments which shall bear interest at the rate of 4 per cent, per annum, which is the rate hereby fixed for all deferred installments, interest payable annually; provided, however, that if the assessment against any lot or parcel of land does not exceed $25.00, said assess- ment must be paid in cash within thirty days from the date hereof. Any person may pay the whole assessment against any lot or parcel of land within thirty days from the date hereof, and may at any install- ment period pay the assessment In full by paying the full amount of the installments, together with all accrued interest thereon, and upon the payment of an additional sum equal to six months interest at 4% per annum on the amount of said assessment so paid before maturity as a penalty; should the propety owner desire to pay off the deferred installments between the dates on which they are due, he shall pay interest on the same until the succeeding installment period, to- gether with the penalty above described. The first installment shall be payable within thirty days from the date hereof, and all assess- ments or installments thereof shall bear interest at 4 per cent per annum after the expiration of thirty days from the date hereof, which interest shall be due and payable at the same time and place the assessment or installment is due and payable. In all cases where the property owners do not elect to pay in installments, or having elected to pay in installments, fail to pay the first installment in thirty days from the date hereof, they shall be held to have waived the right to pay in installments, and the entire assessment shall at the expir- ation of said thirty days become due and payabe&. In the event the :. the property owner shall elect to gay in installments, the first installment thereof shall be due within thirty days from this date d the subsequent installments shall be due on the day of "U--w of each calendar year until the entire assessment s paid in full. Section 5. This Resolution is hereby termed and desig- nated and shall be known and may be cited as. the '_'Str et Improvement Final Assessment resolution of the b day of 1942." It was duly moved and seconded that the meeting adjourn. liotion carried. Approved: _ Attest: ��