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HomeMy WebLinkAbout05-25-1948 Regular MeetingSTATE OF ALABAMA County of Baldwin The Town Council of the Town of Fairhope met in regular session at the Town Hall•Tuesday, May 25th, 1948 with the following members present: Mayor, Howard Ruge, Council- men: J.H. Bennett, C. A. Gaston, H.P.Kamper, W.O.Keeble and J.O. Stimpson. The minutes of the previous regular meeting were read and approved. Councilman Gaston moved the adoption of the following resolution seconded by Councilman Kamper. ORDINANCE NO. 182. AN ORDINANCE TO FIX AND ESTABLISH THE GRADE OF THE STREETS AND ALEYS, AND SIDEWALKS TO BE IMPROVED UNDER "STREET IMPROVEMENT ORDINANCE OF THE 18 th DAY OF May 1948, NUMBERED 181 ." BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. That as and for the grade of the streets and avenues, the curb on each side thereof, the alleys and the sidewalks to be improved under "Street Improvement Ordinance of the 18th!_'. day'of May, 1948, numbered 181," there be and is hereby fixed and establiished the grade as heretofore fixed and established for the respective several streets to be improved. Upon roll call the following vote was recorded. Voting Aye, Unanimous. Voting Nay, None. Duly adopted by the Town Council of the Town of Fairhope, Alabama, at a -meeting thereof regularly held on the 25 day of May , 1948. /10 As Mayor. of the Town -of Fairhope, Alabama ATTEST: ' As Clerk of the Town of Fairhope, Alabama NOW THEREFORE, be it resolved that the Town Council act- ing for the Town of Fairhope accept the proposed convey- ances from the said Robert R. Nahrgang and Candace Nahrgang, under the aforesaid conditions; the Mayor be- ing snd he is hereby authorized and directed to have proper conveyances in accordance with this resolution, drafted and approved by its attorney and to receive and accept the same on behalf of the Town of Fairhope. Upon roll call the following vote was recorded: Ayes, Unanimous. Nays-, None. The Mayor thereupon declared the resolution duly adopted, this the 27th day of April, 1948. It was duly moved and seconded that the meeting adjourn to meet in regular adjourned session May 17, 1948 for the'purpose of considering paving streets, Avenues & Alleys and assessing the cost thereof against the properties benefitted. Councilman Gaston moved the adoption of*Ordinance #181, seconded by Councilman Kampen, as follows: Ordinance #181 (Published May 20th issue of The Fairhope Courier), On roll call said Ordinance was unanimously adopted'. Voting for the same; Mayor Howard Ruge, Councilmen J.H. Bennett, C. A.Gasto n, H. P. Kamper, W.O.Keeble & J. 0. Stimpson. Voting against, None. Whereupon the Mayor declared the Ordinance duly adopted and signed the same in approval thereof. It was duly moved and seconded that the meeting adjourn. Approved Mayor A t t e s . � '�i� Clerk i Upon roll call the following vote was recorded: Ayes, Unanimous. Nays, None, The Mayor thereupon declared the resolution -duly adopted, this the 27th day of April, 1948. Councilman Gaston moved the adoption of the -following resolution seconded by Councilman Kamper. WHEREAS, developments have been and are proposed to be made adjacent to the following described property in the Town of Fairhope: A strip ofland 37.5 feet wide on each side of the line described below, making a 75 foot right-of-way to be used as a street, constructed as a boulevard, the center line of this right-of-way is described as follows: From the intersection of the Center -line of 0 Fairhope avenue and the North -South half section line of Section 17, Township 6 South, Range 2 East, all in the Town of Fairhope, run West along the Center line of Fairhope Avenue 186.35 ft. and North 000 02' West, 40 feet to a point on the NorthMargin of Fairhope Avenue for a point of Beginning; thence runNorthwardly on a left curve, degree of curvature 44° 59' left 100.E feet thence run North 450 05' West, 373 feet to the end of the right-of-way herein conveyed; and a public street is needed for the use of such develop- ment and Candace Nahrgang is the owner of said property and proposes to convey the same to the Town of Fairhope for public street purposes and also to convey: All the land lying Vilest of the above described right-of-way and the Grantor's West boundary, or the center of Bayou Charbon, this strip to be used as Public Park Property; and in addition thereto in consideration of the construct- ion of a street along the property first above described, and in further consideration of Ten Dollars ($10.00), Robert R. Nahrgang proposes to convey to the Town of Fairhope by Quitclaim Deed, for use as a Public Golf Course and for any other public purposes, with the right to purchase the same in the evgnt the Town of Fairhope shall ever desire to sell the same at any time within twenty8five (25) years from date, at $300,00: Beginning at that point on the South line of Fairhope avenue where the East line of Section 37 of the Baron de Feriet Grant intersects, running thence South along.the East line of said Section 37, 290 feet; thence North 430 West 272 feet; thence North 270 15' West 95 feet, more or less, to the South line of Fairhope Ave., thence East 225 feet to the point of beginning, containing one acre, more or less and being in said Section 37, in Fractional Township 6 South, Range 2 East, Baldwin County, Alabama; �TC-5 0 BE IT RESOLVED by the town council of the town of Fairhope that the town proceed to surface those certain streets and avenues and parts of streets and avenues, within the town of Fairhope, under that certain proposed contract with S. R. Batson hereto attached and made a part of this resolution. BE IT FUTHER RESOLVED that the town enter into con- tract with S. R. Batson for the surfacing of such streets and avenues in words and figures as set out in that certain con- tract hereto attached, and that Howard Huge, as mayor, be and he is hereby authorized and directed to enter into contract with the said S. R. Batson, for the surfacing of the same in words and figures substantially in conformity with the attached contract. material (EA-5) or (AC-lr) .40 cubic feet of 5-BA square yards. STATE OF AUNAMA, BAIVEIN COUNTY. THIS I.M1.10FANDUM OF AGREEMENT, made and entered into on this �7� ? day of May, 1948, by and between the Tovin of Fairhope, a Municipal Corporation, herein called the tovin, and S. R. Batson, doing business as Batson Construction Company, herein called the contractor, rr'I NESSETE: FIRST.' : The town of Fairhope desires to surface those certain streets, avenues and portions thereof, within the town of Fairhope, listed and described on Exhibit A, hereto attached, and made a Y)art of this agreement. Such surfacing to consist of single surface treatment of bituminous asphalt on six inch sand -clay coni)acted base. SECQI!r: The town of Fairhope will do all grading and drainage on such streets and avenues, established the grade and center line of each street, and will furnish sand and clay at sand -clay pits within the corporate limits of the town of Fairhope, and will furnish water necessary for compacting and laying the materials herein provided. THIRD: The contractor will furnish all necessary labor and material, except the sand -clay and water, above provided for the surfacing of such streets, consisting of hard blading, the loading, hauling and distributing sand -clay and compacting the same to six inches, prime coat, and a single surface treatment of slag and bituminous asphalt, of quanities, duality, mixture, and application in strict compliance with Alabama State Highway spec. sup. A?o. 13(2) of Jan. 19 1945, liquid seal -Class A, Type D-.23 to .25 gallons per square yards of prime (Ln-2) or (rJC-I).35 to .38 gallons per square yards of bitumincus slag us' FOURTH: The, price to be paid by the town to the said contractor shall be: For hard blading, loading, hauling, distributing and compacting sand -clay base to six incises compacted 160 per square yard; for pride coat 8¢ per square yard, single surf:%ce treatment 220 per squ are yard. All labor and material for such surfacing to be furnished by contractor at contractor's expense. FIFTH: Payment for such vork and labor to be, i-aade by the t-own to the wlid contr;ict.or as fClous: The town will pay invoice and freight for all of material required for Lhe said job, .,end when paid for, such :material shall be the r)ro9.c,.,rty of the town. The amour t paid by the town for such r1aterials, invoice and freight$ shall be a credit on the price to be paid by the town to the contractor specif ied- in paragrapLh fourth, and shall be deducted from the gross a-,i,ount payable to the contractor hereunder. Upon the completion and the acceptance (-)f such surfacing the town will pay to the contractor any balance owing for such surfacing at the rates herein abc-,;-e i.rovieled, the StiMa4." a amount awing shall be determ.1-ned by ecertified to the town by the contrretor, and approved by the town or its reprcscntative, BLOM: Work shall commence within ten days from the date hereoft and shall be completed within fifty working days of such date. The contractor shall be 1.4able to the town for a penalty of M0,00 for each working day required for completion of the job in excess of fifty working days; but such rienalty may be waived by the town, if in the opinion of the council such excess time resulted from scarsity of material or labor. SIM"MIT: The contractor shall furnish to the town necessary and proper performance and rotc-rial and labor bonds, the premiums on rhich shall be paid by the town, in addition to the amounts provided above, such prem-11.ums not to exceed 1e4 ner square yard; any excess cost of such premium shall be paid by the contractor, EIGHTH: The contractor will. take all necessary and proper precautions to protect the public and Its workmen from dariage and will hold the town free frrn liability therefor. The town will f%Lrnish necessary and proper supervision and inspection of the work 'Cj;�Yr Ite progress thereof. N NINETH: The town may at Its election include streets and avenues or portions thereof in addition to those specified in Exhibit A fcr surfacing, and the contractor will surVce the same in the same manner and at the same price herein specified for t1iose streetsq avenues, listed in Exhibit A,, provided the town has notified the contractor of its desire to include and surface such streets and avenues and portions thereofq and shall have the same rcady for surfacing not less than ter c8lendar days before the completion of the surfacing of those streets and avenues listed in Exhibit A. The town may withdraw froi-a this cont.rtAct any streets or ,avenues or portions thereof listed in the Exhibit A not to exceed 25-4, of the total mileage listed therein. IN WITNESS V,1-TPFE0Pt The town of Fairhopej by resolution of the town council duly adopted at its regular meeting of :,.lay the 11thq 1948, has caused these presents to be executed by Howard Rugej its mayor,, and S. R. Batson,, doing business as aforesaid,, has hereto set his hand and seal this the day and year first above written, TOTM OF FAIRHOPE BYt I ayor SEAL 'Doing business a7gaig6n Constructl#n Company EXHIBIT A :streets and avenues and segments of streets and Avenues proposed to be surfaced on the cnntract with S. R. Batson 1. Summit St: From Nichols Ave. to Fiorphy Ave.; between lot 6 of Blk 10 and lot 1 of Blk 10, Div 1: Kiefer St. to Horth end. 2. Liberty >t: From Nichols `'ve. to George St. 3. Equity Stt From Nichols Ave. to Morphy Ave. 4, George St: From Nichols t:ve. to Cliff Drive. 5. Bayview St: From Nichols Ave. to White Ave.; from Swift tract to North end. 6. Freed 5t: FrcJm Nichols Ave to �, hie Ave; from Fels Ave. to Cliff Drive. 7. Bancroft St: From Johnson St. to Fairhope Ave.; from Uagnolia Ave. to Oak St. 8. School. St: From r: orphy Ave. to Fa irhone Ave.; from Magnolia Ave. to Equality St. 9. Brown St.: From-lorphy Ave.- o Fairhope Ave. 10. klershon St.: From hSE' of SW See 17, T 6 St R 2 E to Fairhope Ave. 11. Yourt g St,: From SE c ornf� r. of NEi of SE-- of Sii see 179 Township 6 South, Flange 2 East to gorphy Save. 12, White Ave,: From Equity St. to Church 't. 13. Gaston Ave.: From Bayview St. to Church St. 14. J[orphy rive.: From Bayview St. to Su.Tmit St.; from N=" corner of NIVJ of SEJ of SV;j Section 17, Township 6 South, Range 2 East to NE corner of West 2/5 of N.t SW of SE9 Section 17, Township 6 South, Range 2 East. 15. Oak St.: From Bayview St. to Summit Sat.; from Section St. to Bancroft St. 16. Powell St.: Frol Bayviciu St. to Summit gat. 17. Blakeney St.: From Bayview St. to Summit St. a " W 18* Bellange St,: From Geotion St, to Banoroft; from Brown St. East 512 Feet; from Mershon St. to Golf Course. 19. Johnson St.: From Seotion St, to Bancroft Z.A.; from Brown 13)t. to 7"Ust/qolf Course. Sohool �;t, 20. Stimpson *"A.: From to a point 300 feet ::ast of Brown St, 21. 1.1'quality St.: From 6ection "I't. to Sohool St.; from -ohool St. to East line of Blk A Div. 4. 22. Pine St.: From Seotion ..t. to East line of Blk 15 of Div. 4. • Town of Flalrhope Crdi.narce No. Air"Ordtrnance to determ.Ine anon, orders and authorize the lmr.roveYeert of portions of certain streets, avenues alleys, high - mays and other public places Within the ct-rporate 1Irlits of. the Tcwn of F rhQ e, Alabama q by fi.11tng, clearing, gradingq leveling, graveling, paving, side -walking, curbing, guttering, draining, and the construction of storm water sewers or dra 4.rs or lateral storm water sewers in connection with such imnrovemert , for the Y•ur .ose of nro,•perl`y draining the portions of streets so improved and the prorerty abutting thereon, together with all necessary aTpurten.- ances thereto; to provide fair the rs�rzrent of all cos*s and expenses thereof by assessment a nst the r.roperty abutting on the rortion of such streets} avenues, alleys; highways, rind ublie places so improved, drained, served, protected or benefited to the extent of the i.rcreased value thereof by reason of the s-ecial benefits de- rived From such Improvements; to describe the nature and extent of the 1,7orkt the general character of the-aterials to be used and the location and terminal points thereof, and the streets, avenues, alleys and other highways or -rarts thereof embraced therein, and to define the area to be drained, Nerved or benefited by such store; water sewer or sewers or drains and the lateral storm water sewers; to direct that full details, draivings', -,Ions, specifications nd surveys of said work and estimates to be prepared by the Tnwn Fngtnper; to designate the officer wham such. clans shall be filed: to designate the, party,unOer whose supervision the .work shall. be done and the improvements made; tc provide for tie publication of this rrdiranceand the railing of cories thereof to the persons 1. st assessinF for city or town taxation the �,,rorerty which may be asFessed for said improvements; to fix "and appoint a time for ard to authorize the holding of a meeting of the Council to hear objPc- tions t^ said improvementst and to give to t1is ordinance a^ off'.cl&l designation, BE IT ORDAINED BY T:A' TM" "C` T1w`C?t Or, m--F TOt,!i�OF ?A IT-V C MIJ ALABAMA, AS FOLLOWSt Section 1. That it be and hereby is determined upon ordered and authorized by the Town Council of the Town of Fairbope, haba3ma, that t':,e Town of Ftiri,.-opei Alabazza, design or cause to be designed, contract for execute and cause to be Executed, lmnrove!nents to and on the following streets, avenues, alleys, highways, and other public places within the crrporate limits cf ttIe fawn of Pairhope, Alabama, vizi all as per plats filed i.n the office of I;he Judge of Probate of Baldwin. County, Alabarws by clearing filling, grading, 1.eveltng graveling, saving, sidewalking,, curbing, putterirg, draining, an the constructionr>f storm water ewers or drains, or lateral story sewers In crnn.octicn with such i . -r. ovements for the ur -ose of REOUTTIn �ni.ning uch orti of said streets end the gopp t _ereen .ogether w a 1 necessary a, urtenen es t g eto. • • ?yoe 1. 'Volanta Avenue from Last Corporate ' limits to I,robile #. Noe 2e Grard Avenue from Section Street to west 11ne of Lots 11 in BlocI:s 3 and 4 of Airey Reights. No* 3. Gayfer Street from 3 ction S twee►t to Lvn :>eccsur Avenue, Noo 4e F'airwood Boulevard from Section kxtreaet eastward to end of development; .from Fat rhope Avenue northward and .era st- ward to end of developre nt. No. North Street fry-m £'urri. t to Bay View, toe 6. St a James Street from :try 'view to Church Street, Froa 7* Summit Street from south 1-`re of Lots 1 dock ll,, its 6 Block 1.0 of division 1 to Ste James Street, Noe 6 e Young Street from 'X corner of Sr-t of of Svi* of 'ection 17 Township 6 South Lange 2 Last to Nichols Streets 'be 9. Morphy Avenue from Church street to Section street ifrom PTE corner of West 2/5 of north of SW* of SFj of �;seetion 17 Township 6 :'outh `:an e 2 mast to Greeno Boulevard; orphy Avenue from �fection ;street to 14E co.Mner Lot 30 Block 3 of Central P ark Addition. Fo.10, 1-cjs 1.venue fror. :'ectiQtz ;treet to Oswalt Street. Noelie t'aston Avenve from Church Street to section Street. No.l?e .h«te ,venue from church treat to c.swalt Street, " e.1.3. Nichols 'treet from �tnntnr'it street to . ection Street, o*1.4. Section Street from W2t® Iva• south to Corporate o po rst� �t its, ts0 oeise Ingleside Avenue from Morphy Avenue to F airhope avenue; fr©% SE c©rnor of Lot 11 to NX corner of Lot 13 of Groan Subdivision. ?Toole. Fai: ho-�e Avenue frog^ Tngl,eside Avenue to Greenc Boulevard. No-17* School -treet from i�:�orphiy Avenue to Nichols Street. Noe18e Nichols Street from Fobile Neruc to east line of a-reedom Street thence to Equity �? frost. No*19e Pier trout from Mobl ie Bay to �Porelo Streete Foe 20. E ttel :street from M orphy Avenue to Fels Avc:Mae. --oe21. Porelo Street from Pecan Street to FUchols f:trcete Lo,f-Pe Church Street' from 1'els Avenue to ':i.c' ols `.;treete :'f'o,234s I'lecan :-treet from Beach View Avenue to Pomelo ;'treet, r.oe24e pats' rna :-;treat from pier "Street to Nichols Street* Section 2. That t,e area to be drained, nerved or benefited by each of such storm water sewers or drains or lateral storm wV;pr sewers to be ernstructed In ar-nnection with such other ImproveTents for I urnr se of the r properly draining said streets and the propF-rty abutting thereon, be and the same hereby in defined to be the prop- erty frrntlng on each portion of the streets, avenues, and hl",hwa7s herein rrovid ' ed to be imTrovedq actually drained, served or bene- fited by each of said storm water severs or drains or lateral storm vmter sewers, Section 3. That all of the costs and ex,-enses of aforesaid works and improvements be assessed upon ind against the property abutting on the portion of such streets, avenues, alleys, high -pays, and oti-ter public p1rices so improved, served, drained, protected or benefited by such improvements to the extent of the increased value thereof by reason of the special benefits derived from such im7prove- ments, nrovided that for ti-e Intersections of streets, avenues, alloys, or other highways so improved, the cost of Improving any intersection or any part thoreof, shall be assessed against the lots or parcels of land abutting on each of the streets, avenues, alleys, or other highways so intersecting for a half block in each direction therefrom; provided t'llat for the purpose of computing assessments hereunder no block shall be considered as exterding more than 2,,nr'O feet from any Intersection so improved; for such sidewalk imrrove- ments, fncludlrg curbing and gutiering, all of the costs ther'eof for street and avenue corners shall be assessed against the lots abutting on or near said imrrove-ment and the entire cost of the sidewalks improvementsq Including curbing Arid guttering at t�,,e in- tersection of any Alley with a street or avenue or other highway, shall be assessed In fair proportion against the respective lots or parcels of land abutting or cornering on the alley at such inter- section; but in no case shall the assessment against any lots or parcels of land be grw,-Aer than the Increased value of such lots or parcels of land by reason of the special benefits derived from such Im.rrover.nent. The cost and expenses of such works and Improvements shall include the expense of the nreliminary and other surveys, and the ins-nection and superintendence of such work, PrintIng and publishing the notices, resolutions And ordirances requiredt Includ- Ing notice of assessm..entq the cost of construction, preparing bonds, Interest on money borrowed during construction or on bonds When the bonds have been issued In antleiratlon of the collections of the assessment, and any other expenses necessary for the completion of such improvements. Section 4. That the works and Imurove-:-ents herein deter- mined upont ordered and Authorized shall be in the nature and to the extent of roadway or street paving of a bituminous surface treat- ment on a prepared sand clay base, includIrgmall necessary inter- sections and street corners; storm Y-.ater so,,,ers or drains to the extent recessar,"- to rr(,porly drain such portions of said streets to be imr,roved hereunder and t1l.e ;,roperty abutting thereong together with all necessary appurtenances and filling, clenrin:-, gradingg leveling, draining, and graveling. Section 5. That the general: character of the materials to be issued for such workds and Improvements s*,-all be as follors: Pavement of streets vith a bituminous surface single trentr-,­nt on a rrepared s-Rnd clay base. section 6. That all of the work 4; o be done and the imrrfve- ments to he rude 11preunder shall be done and made under the su.ppr- vision of the Town Engineer of the Town of Fairhcnet Alabamal being hereby ar-pointed for that purpose by the Courcil. 0 Section 7t That the said Town '►ngineer hereby is directed to rropare full details, drawings, plans, speci . cations and sur- veys of said work and estimates thereon and thereof which shall be when completed, placed on file not later than two weeks prior to the date of the meeting of the -own Council hereinafter provided for, in the office of the Town Clerk of the Town of Fair.hepe, A1abarr*, where prorerty owners whemay 'he affected by such improve - ,bents. My see ,and examine the same. Section 8: 'That this Ordinance be published once a week for twk� consecutive weeks in the Airhope Crurier, a newspaper pub- lished in the Town of ??airhor.•e, Alaba,a, and +;hat a copy thereof be sect by registered mail, posta§e prepaid to the persons last assessing for town taxation the property which may 'he assessed for said imprcve;�!ents, at their last knoxr_ addresses, said notices to t-ie so mailed not less than ten days before the meeting of the Council provided for in the next succeed-n.= section. Section s That the Town Council of Town of F incone, Alabama, pMet at 7:30 o"cloak '. in the Town of Fa1rhope, r Iabama the office of the o Clerk thereof, on the day o {' 19 ! for ',:he purpose of hearing c nd a which time It will hear any objections or remonstrances that may be made to said improvements, the spanner of rxakinp the same, or the character of tutorial or m^terials to he used. Section 10: That this ordinance is hereby termed and desig- nated shall be knowri and may be cited as the "Street Improver±ent Ordinance of y 1?-, 1948, cumber IS1.1" Duly adopted by the Town Coin»ci.l cf '-t F* Wr of ^a irhnpe,� f�WPka t a r€ a r meat ing t he.reof held one 1umb r Clerk (!own Seal) Town of Falrhope, tea yor STREET IMPROVEILTENT BIDS CALLED FOR �- The TOWN OF FAIRHOPE requests bids for sidewalk and other street improvements on Fairhope Ave., Section St. and DeI,La .Rare St. substnntial�y in the following quantities: 1. Destruction of 2335 lineal ft. of existing concrete curb, spoil to be removed by other than contractor. 2. Destruction of 552 sq. yds. concrete pavement, spoil to be removed by other than contractor. 3. Concrete to place, 1511 sq.. yds. 4 in.. sand gravel mix concrete sidewalk, with�outXer six inches forming roll curb, 8 in. thick, approxi- mately 3370 lineal feet. 4 Underground drainage: 10 brick or concrete inlets with 1 ft. by 3 ft. grill covers; 560 ft. 8 in. pipe with 2 Ys, 360 ft. 10 in. pipe with 2 Ys, 360 ft. 12 in. pipe with 2 Ys. P 5. 21.52 sq. yds. plant mix asphalV,-1 in. minimum thickness on tar or asphalt •prim.e. Grades for this work are substantially as now established and spoil, if any, will be removed by other than contractor. Concrete and drainage bids are to be separate from asphalt'work, the Town reserving the right to negotiate with other public authority for asphalt work. Unit prices are to be submitted on all work and quantities may be increased or decreased by negotiation. Flans and specifications may be seen at the Town office of the Town of Fairhope. Dids are to be in the office of the Town of Fairhope not later than 11 o'clock A. M. Saturday, June 18, 1949, work to be started immediately on the leetting of the contrast. The Town reserves the right to accept or reject any -and all bids.