HomeMy WebLinkAbout05-23-1949 Regular MeetingJ�
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STATE OF ALABAMA
County of Baldwin
The Town Council of the Town of Fairhope met in regular
session at the Town Hall, Monday, May 23, 1949 with the
following members present: Mayor, T.J.Klumpp Sr.,
Superintendent C. B. Niemeyer, Councilmen: M. 0. Berglin,
J. T. Bradford, Ralph Brown,E. B. Overton and Ira Steele.
The minutes of the previous regular meeting were read
and approved.
Motion by Councilman Berglin seconded by Councilman
Overton that the Town approve the improvements on
Fairhope Avenue and Section Street as per survey on
file at the Town Hall. Motion carried.
Motion by Councilman Steele seconded by Councilman
Brown that Fred A. Albertson be granted an option for
f 90 days on that portion of Block "A", Seacliff Subdivision,
, for Fish Bait and Boat Rental Concession outlined in
application on file. Motion carried.
Motion by Councilman Overton seconded by,Councilman
Berglin that the Town draw necessary Deeds for right of
way in order to widen State Highway #89 in exchange for
1
4 Quit Claim Deed for Park Area in front of Legion Club.
� Motion carried.
Motion by Councilman Brovvn seconded by Councilman
r Bradford that the bill of John M. Parker for completed
work on Wharf repair be allowed. Motion carried.
Motion by Councilman Brown seconded by Councilman
Berglin that the Town. repair the east 240ft. of the
Municipal Wharf, such expense not to exceed $250.00.
Motion carried.
Motion by Councilman Berglin seconded by Councilman
• Brown that the application of W. B. McGill for permit to
add to the Bay View Bar-B-Q stand be allowed. Motion
carried.
Motion by Councilman Ira Steele seconded by Councilman
Berglin that the application of Mrs. H. Edmondson for
building permit on Lots 4 & 5, Block 19, Division 2
be allowed. Motion carried.
•' Moticn by Councilman Berglin seconded by Councilman
Brown that W. L. McWhite be allowed to construct grease
trap at Beach Concession subject to County Health Depart-
ment approval. Motion carried.
Motion by Councilman Berglin seconded by Councilman
Overton that the application of W. F. Hawie for lease on
• 30 ft of beach area back of Casino and permit to repair
and use old pier and to build small boar storage house
connected therewith>be allowed. Motion -carried.
Motionb by Councilman Steele seconded by Councilman
Bradford that the application of W. F. Hawie for
renewal of concession formerly leased to Mr. B. W.
Bickert, June 4, 1948 be denied. Motion carried.
Motion by Councilman Overton seconded by Councilman
Brown that the Water Rates be revised,effective with
the June billing,as follows:
1,000 to 4,000 Gal. Minimum $1.50
Next 11,000 " @ ;t20 per M.
Next 35,000 if@ .15 to "
Next 50' 000 " @ .10 if it
Next 1O6 000 " @ .08 it if
All additional at.07 per M.
Councilman Bradford Voting Nay. Motion carried.
The following Ordinance was introduced by Councilman
M. 0. Berglin it being read in full the same being as
follows:
0,0
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ORVr-TANCT! NO. h,
AN OP1)IffA1,T.CE TO "ELS THE Rh"Trz_.�, COST OF THE
0011STRUCTIOL OF THE IWROV'E".?,,T""'17TS LETF.WaTNED UPONT
AUTIIORIZFX "<' TREET I NT OR-
) By "
DI.I.M... O,,,A114,,O'K/_D'r..'. 19481' DULY
ADO111V'..0 2 K 0 19480 AND ORDINANCt.13
;&: NTAA
L iL,Ri'WL0, A".N FAIR PROPORTION AGAINST ALL
OF THE LOT ; ANI; i-ALCELS OF LiND LYING ALONG AIW
1% T1.2.1 QTR&L'T�>
"D.
ABUWING SERVED OR BEV12,
14-ITTzZo PROVIDED M, T SUCH ASSEE&UNT SHALL NOT
�L0= THE III CREAI'Zr, V.4LUVE OF SUCH PROPERTY BY
REASON OF TID,' :�PISCTAL BENEFITS D.3,RIV'S1) 1FROINT SAID
IWR0VXa.NT,3; TO iUTHORIZE� 1;11i;{.CT A14D TIM
PREPARATION OF TFM BOOK FOR LOCAL
IMi-,ROVF.4WT6" AND TO PRESCRIB.,r. Tf-r3 MAN;,'ER OF PRE-
PARING AIZ, FORM TUR THE SALE; TO MIME FOR TITY,
DELIVERY 0? TIE,,' 3AID BOOK UPUN C01Z1,:MON TO THE
TOWN CL]'_.RK; TO DESIGNAIM TW, CLEILK AS TIM i"IRSON
AND TO AUTHORIZE HIM TO MAi-M COLLECTIONS OF SAID
ASSES,2'.!IEPNTS; TO PROVIDE FOR TBE GIVING OF NOTICE
OF TID,C01-fl:LTETION OF .,-UGH A"* " 13SUZ3T BOOK 1ND OF
THE LTILG OF M COUIXIL TO HEAR 42ff) DETER1,41NE
ANY OBTECTIUNS OR DEFENSES TO SUCH ASSESS;vD,'11TS
AND TO PRE.SCH.1131-, TIME FORM FOR SUCH NOTICE; TO iRO-
VIDE FOR A MEETING OF T112; 'COUNCIL TO HEAR AND Dh-
VIERIAIKI.' ANY OBJ30TIONS OR DEFENISRS THAT �vVIY BE
F11ZD TO SUCH ASSEZISMEIaT6 OR THE AYOUNT THEREOF,
A1'.1L TO GIVE THA'S ORDIN,-,NCE AN OFFICIAL DE: ICi�ATIOP�.
BE IT ORDAINED BY THE TOVINN COUNCIL OF TWA TOWN OF FAIRROPE,
ALAB.1"iUAt AS FOLLO%7S:
:`ection 1. That the iraproveaents, consisting of the
filling, grading, leveling, graveling,, paving, sidewalking, curb-
ing, guttering, draining and the construction of storm eater sewers
or drains or lateral storm sewers in connection with such iinprove-
ments for the purpose of properly draining the portions of streets
so improved and the propprty abuttine ,, thereon, together with all
necessary appurtenance: thereto, within the corporate lidits of
the Town of Zairhope, as herein beterciine u rc-, r 00 and auth-
orize6,�y "street Improve 0.rd' "nee of �ft 0/1 119,43, num-
b ered/L/�_110 duly adopted Z 721 1943' and/'all ordinances sup-
plemeatal thereto, having bl finally ordered, constructed, com-
pleted and accepted, the entire cost of completing said iiaprove-
ment:- be and the same is hereby assessed in fair proportion against
all the lots or parcels of land lying along and abutting, on the
streets so improved, to the extent of the increased value of such
property by reason of the specal benefits derived from such im-
proveiaent; provided, however, that in no case shall any assess-
ment against any lot or parcel of land be greater than the in-
creased value of such lot or paroel of land by reaaon of the sd;e-
cial benefits de.riveL from such i.aprovetaent.
,.,ection 2. That the .,*;ayor be and he is hereby author-
ized and ivistructed to cause to be prepared a Roll or List show-
ing the names of the property owners, and opposite each name a
description of each lot or parcel of land proposed to be assessed
for suoh improvement belonging to such owner or owners, and the
amount propozed to be assessed against each lot or parcel of land;
such List shall be entered in a well bound book or loose-leaf book
firmly bound, preparet; for that purpose, and shall contain appro-
priate colwLns in which payments may be credited and the lien of
the as6essment satisfied by the proper officer of the tauaicipality;
0.
said book shall be knovan as the "tissessrient Book for Local Im-
provements" and shill be a public record, an.6 no error or mistake
in regard to the riai:e of the owner sr.all b J ,teld to invalidate any
a.sse: sment, and it shall 'uv sufficient if the aaf,Ae oC the person
in whose n ia-c such property iraas last assessed for 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
Town Clerk, who shall be and hereby is uesi ,noted :as tho person
and authorized to cake collection of the said asaessaents.
:section 4. That upon the delivery to the `"cyan ::lerk
of such Assessment :ook, the Clerk shall thereupon give notice by
publication oiie time in the Fairhope Courier, a newspaper published
in the .own of ',+'airhope, :�labaiaa, th_ t the Assessment moll. or List
has been delivered to rig: Qnd is open for inspection in the office
of the Town Clerk, the person autnoriz:-r: to riake eollactio:l of
said assesstitents; said notice shall also state the general char -
actor of the improvements, the terminal points thereof and the
streets, alleys, avenues, sidewalks or other high -,ay, or portions
,]
thereof along which the i aprovement has been constricted and the
improvements .made, consisting of filling, gradin. , leveling, grav-
eling, paving, sidevalking, curbing, €;uttering, draining and the
construction of storia eater sewers or drains or 1=atera.l storm
sewers in connection with such Improvements for the purpose of
properly draining the portions of streets so iaproved and the
property abutting thereon, together with the necessary appurten-
ances thereto; said notice shall also de7cribe the streets improv-
ed, served or benefited by the said iiaprove :.ents by n_aming the
streets, alleys, avenues, sidewalksor other highways and ahall
c and set forth a tir.,ae and place not less than twenty i 20
specify .� y l
days from the date of publication of such notice at which the
Council shall meet to hear and determine any objections or de-
fenses that -may be filed to such assessments, or the :amount there-
of; said notice sitall be in substantially the following Pori , viz.:
Notice i-s hereby g veri tAat the improvements as
deter.�iined upon, or a ata thorized by "'.Are Improve-
ment 0rdi ce o / , 1948, nwabered ��r", duly
adopted , 4 , and Ordinances suppleliental
thereto, ha been constructed, completed and accepted by
the Town of Fairhope; that the general chiiraeter of such
i.mprovef:ents is ti;e filling, grading, leveling, graveling,
paving, sidewalking, curbing, guttering, draining, and the
ouiistruetion of storri :iuter severs or drains or lateral
storm seers in connection with such improvement f )r the
purpose of properly draining the portions of streets so im-
proved and the property abutting thereon, together 'With �dl
necessary appurtenances thereto; that the said streets, al-
leys, ;avenues, sicewalks,or other highways or -,ortions there-
of along which said improvement has been constructed are
as follows:
00 •
Pro. 1. Volanta avenue from East Corporate limits to Mobile B,
No* 2. Grand Avenue from .section Street to wevt 1 nee of Lots
11 in Blocks 3 and 4 of Airey .eights.
No* 3. Gayfer Otre e,t from Section Street to lion Secour Avenue,
No. 4, Vairwood Boulevard from Section b treet eastward to ene
of development; from Fairhope avenue northward and east.
ward to end of development.
No. North Street fare `'umnit to Bay Viers.
Pao. 6. St. James Street from Bay View to Church Street,
Igo. 7, Summit Street from south Ire of Lots 1 Block.. 11, rots 6
Block 10 of division 1 to St. James Street.
No* 8. Young Street from NE corner of SE* of SEJ of S of l
:section 17 Township 6 South Langer 2 Feast to Nichols Street. I
Sao. 9. Morphy Avenue from Church Street to Section street;from
NE corner of West 2/5 of north j of SWj of SEj of Section
17 Township 6 South range 2 Last to Greeno Boulevard;
Morphy Avenue from Section Street to YE corner Lot 3,
Block 3 of Central Park addition.
no.lfl. Fels Avenue frog section Street to Oswalt Street.
0.11. Gaston Avenue from Qhureh Street to Section Street.
No.l2, thitew avenue from ;hurch Street to Oswalt Street,
Noei3. Nichols Street from jurrmrit ;Street to 6ection Street.
No.14. section Street from Thite Ave. south to Corporate 111
Noelfe Ingleside Avenue from lorphy Avenue to Fairhope Avenue;
from SE corner of Lot 11 to NE corner of Lot 12 of Groan
Subdivision.
ro.16e Yairhope 4venuc from: Ingleside Avenue to GreenoBoulevard*
NO*17e School :street From Morphy Avenue to Niclols Street,
Noe18, Nichols Street from hobile Averie to east line of Freedom
Street thence to Equity Street.
No.19e Fier Street from mobile Bay to Porelo Street.
xo.20. Ettel Street from Morphy avenue to Fels Avenue,
NO*21. Ponelo Street from Pecan Street to Nichols ;Street.
No.22. Church Street from Fels Avenue to Nickols Street.
ho.23. Pecan Street from Beach View Avenue to Ponelo Street.
No*24. Satsuma Street from icier ;street to Nichols Street.
•
Including all street, avenue and alley intersec-
tions :and public places;
{ll as per plat filed in the office of ttie Judge of
Probate of Baldwin County, Alabama.
That the Council has assessed the entire cost of
such improvement against all the lots or parcels of land
abutting on the aforesaid streets, alleys, avenues, side-
valks and public highw-Ays, to the extent of the increased
value of such property by reason of the special benefits
derived from such improvement; provided, however, that in
no case shall any assessment against any lot or parcel of
land be greater than the increased value of such lots
or parcels of land by reason of the special benefits derived
from such improvement; that the "Assessmentfor I Book ,o0al
Laprovement5" covering such improvement and asLe3s:aents so
made has been completed and delivered to the uncersigned as
Town Clerk and is open for inspection in the office of the
Town Clerk, the person authorized to tallke collection of said
assess ts; that the Uouncil will meet it the To,,,jn 1-1,311 in
the f airho el�at 0 o I clock 1' on the -7
j ections
day of �e� to hear and determine any obj,
or defenses that iaay b filed to such assei�seaent, or the
aElount thereof.
-Z�7 Dated this the did, of
As Clerk of the Town of
Fairhope, 1"ilabama.
erection 5. That the council c 6 t at the T 0144Mall
,
;R,t�he Town of Fairhope, on the day of t 4
o'clock iz. �., to hear andetermineation or
A6fer-s-es +ghat iaay be filed to such assess: dents, or the amount
thereof.
:section 6. That this Ordinance is hereby termed,
uesi?_nated and shall be known and La as "Street Improve-
men� Ordinance of the'V-� day of 11, numbered
AID
61 -42
6 21
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13 AMJ K
d
DULL .s.
Motion by Councilman Berglin seconded by Councilmsl4
Brown that the Town enter into the proposed agreement
of the Fairhope Single Tax Corporation to exercise their
right to reposess the Golf Course at -the expiration of
the John Howat contract. Motion carried.
It was duly moved and seconded that the mmeting adjourn.
Motion carried.
Approved
T. J. Klumpp, Mayor
.Attest
R. C. Yohn, Clerk
0
In
It was moved by Councilman J. T. Bradford seconded by
Councilman R.H. Brown 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 the suspension of the -said rules and regulations,
the roll was called with the following results:
Voting Aye, Mayor T.J.Klumpp, Councilmen Berglin, Brown,
Bradford, Overton and Steele. Voting Nay, None.
The Mayor declared the motion carried.
Councilman Steele therefore moved that the said Ordinance
be finqLlly passed and adopted as introduced Councilman
Overton seconded the motion.
The question being put upon the final passage and adoption
of the said Ordinance, the roll was called with the follow-
ing results:
Voting Aye: Mayor Klumpp, Councilmen Berglin, Brown,
Bradford, Overton and Steele. Voting Nay, None.
Thereupon, the Mayor declared said motion carried and the
Ordinance finally passed and adopted and signed said
Ordinance in approval of the same.
It was duly moved and seconded that the meeting adjourn.
Motion carried.
Approved
Mayor
Attest:
Clerk