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HomeMy WebLinkAbout05-09-1979 Special MeetingSTATE OF AIABAMA GOUNt'Y OF BAIIUM We, the undersigned members of the Fairhope City Council, do hereby waive notice of a special called meeting to be held 9 May 1979 at 7:00 pm, City Administration Building, 387 Fair - hope Avenue, Fairhope, Alabama, for the purpose of hearing and determining any objections, protests, or defenses that might be made to the assessments or the amounts thereof set out in the 1977-1978 Assessments Roll Book. 65 The City Council, City of Fairhope, met in special session at 7:00 p.m.; City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama, on Wednesday, 9 May 1979. The purpose of this meeting was to hear and determine all object- ions, protests, or defenses pertaining to the 1977-78 Public Improve- ments Assessments, and the amounts thereof, which might be made by those property owners specially benefited thereby. Present were Mayor James P. Nix, Councilmen Ed Bishop, Jack A. Stipes, Sam E. Box, Sr., Billy Don Wiggins, and Henry G. Bishop; City Clerk Evelyn Phillips, City Engineer Thad Ingram, Attorney Ron Kopesky for City Attorney John Duck; and a number of property owners. Mayor Nix opened the meeting by explaining he would call out each Street name and the interested persons wishing to speak would be recognized, their questions heard and answered. This part of the meeting is reported under Section 1, paragraph (m) of the following Confirming Resolution. Councilman Stipes introduced, and moved for the adoption of, the following Confirming Resolution. Seconded by Councilman Ed Bishop, motion carried by the following vote: AYE: Councilmen Stipes, Ed Bishop, Box, Henry Bishop. NAY: None ABSTAIN: Councilman Wiggins. RESOLUTION A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESSMENTS FOR THE COST OF IMPROVEMRM PROVIDED BY IMPROVEMENT ORDINANCE NO. 588 AND ASSESSING THE COST OF SAID IPMPROV12=S UPON THE PROPERTY SPECIALLY BENEFITED THEREBY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ATABAMA, as follows: Section 1. That upon evidence duly presented to and considered by it, the City Council does hereby make a finding and determination of the following facts: (a) The City Council of the City of Fairhope adopted an ordinance on the 23rd day of May, 1977, entitled, "IMPROVEMENT ORDINANCE NO. 588: AN ORDDWKCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON LAUREL STREET, CHESTNUT STREET, THIRD AVENUE, FIG STREET, WISTERIA STREET, SCHOOL STREET, LINCOLN STREET, WOOD GROVE CIRCLE, ORCHARD DRIVE, SPRING RUN, EAST= DRIVE,AUTUMN DRIVE, RONFORTH DRIVE, AND KURIANE STREET IN THE CITY OF FAIRHOPE, ALABAMA". (b) Provision was made in said ordinance for the assessing of the cost of said improvements against the property specially benefited thereby. (c) Said ordinance provided that said improvements should be constructed in accordance with the details, drawings, plans, surveys, specifications and estimates then ordered to be placed on file in the office of the City Clerk where property owners who might be affected by said improvements could see and examine the same. (9 r-lay 1979) (d) Said ordinance provided that the City Council would meet on the 23rd day of May, 1977, at the City Administration Building in the City of Fairhope at 7:00 p.m. to hear any objections or remonstrances that might be made to said improvements, the manner of making the same or the character of the materials to be used. (e) Said ordinance was published once a week for two consecutive weeks in the EASTERN SHORE COURIER, a newspaper published and of general circulation in the City of Fairhope, the publications being made on 9 May 1977 and 12 May 1977, not less than two weeks prior to the 23rd of May 1977. (f) A copy of said Improvement Ordinance No. 588 was sent by registered or certified mail, postage prepaid, -to each of the persons last assessing for city taxation the property proposed to be assessed for said improvements at their last known addresses, said notices having been so mailed more that ten days prior to the 23rd day of May, 1977. (g) At a meeting of the City Council, held at the time and place fixed in said published notice, all objections and protests were heard and considered and said ordinance was duly confirmed, and said improvements were finally ordered. (h) Notice was given on the 5th, 8th, 12th, 15th, 19th, and 22nd days of September, 1977, by publication in the EASTERN SHORE COURIER, asking for bids upon all work and materials for the construction of the improvements, the cost of which is hereinafter assessed, and a satisfactory bid was received on the 26th day of September, 1977, and the City Council of the City of Fairhope, as provided by law and said ordinance did, on the 26th day of September, 1977, let the contracts to make such improvements to Valta Construction Company (Paving and Drainage) and Fairhope Paving Company(Sewer and Water), the lowest responsible bidders. (i) Said improvements have been constructed, completed and accepted in accordance with said ordinance and contracts. (j) The Mayor of the City of Fairhope has caused to be prepared a roll or list showing the names of the property owners, a description of each lot or parcel of land proposed to be assessed for such improvements and the amount proposed to be assessed against each of said lots or parcels of land, and the same has been entered in a well -bound book, known as the "1977-1978 Assessments Roll Book', which was on the 9th day of April, 1979, at least twenty days before the date of this meeting, delivered to the City Clerk, and continuously thereafter kept on file and open for inspection in the office of the City Clerk, the person authorized to make collection of said assessments. (k) The City Clerk has given notice of the receipt of said Assessments Ro11 Book, and its availability to the public, and of the date of this meeting to hear and determine any objections, protests, or defenses the have been filed, in writing, to the City Clerk, to said proposed assessments, by publication in the EASTERN SHOPS COURIER, -a newspaper of general circulation in the City of Fairhope, in the issue of 12 April 1979. (Attached is copy of said published notice.) (1) The 9th day of May, 1979, at the City Administration Building in the City of Fairhope is stated in the said Notice as the date and place at which the City Council of the City of Fairhope would meet to hear and determine said objections, protests, or defenses that might be made to such assessments or the amounts thereof. (9 May 1979) 67 (m) The following objections or defenses to the.proposed assessments against said property or the anoint thereof have been filed in writing with the City Clerk: NONE or have been made at this meeting, to wit: IAUREL STREET: Mr. Winston Jones of 158 Laurel asked if his assess- ment in- dude any sewer charges. He was told it did not. He asked about the grade of his driveway which after the paving, caused water to drain into his yard instead of away as before the paving. City Engineer Ingram was asked to look into this. Mr — William Shapard said he was also having trouble with his driveway. Mr. Ingram is to check this, also. CHESTNUT STREET: Mr. Ovie Dunn asked under what Law does the City have the right to Property Owners pay for these improvements. Mr. Dunn was assured that the law had been carefully followed and Mr. Kopesky told him to stop by the office if he would like to read the laws pertaining to Assessments. Mr. Melvin Wagner reported that he was assessed for 435 feet on Chestnut ane actually ed 210 feet, having sold 225 feet several years ago. After much discussion, Mr. Wagner was told to pay for the 210 feet until such time as the proper owner for the remaining property could be determined, and also, that it would have to be determined that his property was only 210 feet. Apparently the property has changed hands several times. Engineer Ingram is to verify this footage as soon as possible. THIRD AVENUE: None FIG STREET: Mr. Melvin Wa r said his assessment for 100 feet on this street is correct, unlike Chestnut Street. WISTERIA STREET: Mrs. Claude Ellard stated she didn't know anything aboutt-Fepaving until she received notice of this meeting, said she never got a letter in 1977, said her property was not improved, said her grass was messed up and her driveway is not right. Mrs. Ellard was shown her name and address on the 1977 mailing list. It was explained that since the tax records show her maiden name and an old address, this is why the letters were mailed that way. Mr. Ingram would look into the grass and drive situation. Mr. J.P. Taylor asked for his drive and Mr. Seay's drive to also be checked. SCHOOL STREET: Mr. Jessie Hollandsworth said a flume installed near his property is causing wash prob ems and a mosquito problem. Mr. Ingram is to check the flume and Mr. Rutherford will see"about spraying the mosquitos. LINCOLN STREET: NONE WOOD GROVE & ORCHARD DRIVE: NONE RD14FORTH & KURIANE : NONE SPRING RUN EAST GATE & AUTUM DRIVE: Mr. Sam Damson, representing Greeno Par , Inc., the sole owners of the property abutting these streets, ro t up the bad condition of the streets on which there have been many problems. Mr. Ingram assured him the problems were being taken care of; the Contractor already having been advised of several things to be corrected. Mr. Damson asked for and was told he would be given a letter stating that the City would be responsible for making the Contractor do the necessary corrections. Mr. Damson asked if Greeno Park could be given more than 30 days to pay the first Assessments installment, and Council refused on grounds that all assessments would have to be given the same delay. ` (n) The City Council has heard.and passed upon all of said objections and protests to said proposed assessments or the amounts thereof under the rules and regulations heretofore adopted, made, and provided for such cases. Section 2. That the amount of the assessment against each lot or parcel of land described and included in said assessment roll book be and the same is hereby fixed in accordance with said Improvement Ordinance No. 588, in the amounts set out in the 1977-1978 Assessments Roll Book. (9 May 1979) Section 3. That .it is ascertained by this Council and determined and so adjudged, that the cost of constructing said improvements is'$ 432 206.00 and that the total amount assessed against all the property by tFis reso ution does not exceed the total cost of said improvements, and is not in excess of the increased value of all such property by reason of the special benefits derived from such improvements, and that no charge assessed upon or against any lot or parcel of land is greater than the increased value of such property by reason of the special benefits derived from the aforesaid improvements, and that all of the lots and parcels of land so assessed abut on the part of said streets so improved, or on a street intersecting said part of said improved streets within half a block of the streets so improved, and that all of the lots or parcels of land so located are included in said assessment. Section 4. That the names of the property owners, a description of each lot or parcel of land assessed for said improvements, and the amount of such assessment against each lot or parcel of land for said improvements are hereby determined, adjudged and fixed as entered in the said 1977-1978 Assess- ment Roll Book. ADOPTED this 9th day of May 1979. /!ff-OPMIMRP i Meeting was duly adjourned. r &MAF MON im (9 May 1979) `f''• C9a. s,, 'N the City Council of the City (e) W I S T E R of Fairhope, Alabama, will STREET: From the south MEET ON THE 9th DAY edge of pavement PUBLIC IMPROVEMENTS ASSESSMENTS NOTICE TO PROPERTY OWNERS TO WHOM IT MA rnrvrFRN. Notice is hereby give that the Assessments Boo or List, prepared in a cordance with the law i such cases made and pr vided, under "IMPROVE MENTS ORDINANCE N 1 588: AN ORDINANCE PROVIDE FOR CERTAIN IMPROVEMENTS O L A U R E L STREET, CHESTNUT - STREET, THIRD AVENUE, FI STREET, WISTERIA S T R E E T, SCHOOL STREET, LINCO STREET, WOOD GROVE C I R C L E, ORCHARD DRIVE, SPRING RUN, EAST GATE DRIVE, AU- TUMN DRIVE, RON- FORTH DRIVE, AND KURLANE STREET IN THE CITY OF FAIR - HOPE, ALABAMA," in- troduced the 9th day of May,1977, and adopted the 23rd day of. May, 1977, by the City Council of the City of Fairhope, Alabama, has been delivered to me and is open for inspection in the City . Clerk's Office of the City of Fairhope, Alabama. The City Clerk's Office is authorized to make col- lections•of assessments. for improvements constructed under said Ordinance and OF MAY, 1979, AT THE c- o- TO on Nichols Street, south to the CITY ADMINISTRATION north `edge of pavement on I BUILDING, 387 FAIR- Dogwood Avenue'. approx- HOPE AVENUE, AT 7:00 imatgly 660 linear feet, PM to hear and determine more or less, and from'the any objections, protests, or south edge of pavement on 'defenses that have been 1 Dogwood Avenue, south 4 filed, in writing, to the City approximately 300, linear Clerk, to such proposed feet, more or less. - assessments or the (f) SCHOOL STREET: amounts thereof. the south edge of The general character ofment on Nichols the improvements con-t, south to the north strutted under said Ordi- . of pavement on nance consist of certainood Avenue, approxi- Y grading, curbing and gut- .ly 660 linear feet, tering, paving with hot or less, and from the L n asphalt paving 1% inches � edge, -of pavement on k thick on 6-inch sand clay iood Avenue south foundation; some drainage 300 linear ,ximately n structures, and some water ore or less. and sewer structures jLINCOLN STREET:where required.0The streets; avenues, alleys or other highways or i off h p ions t ereof along N which said improvements have been constructed and' -- terminal points of said im- provements are as follows, to -wit: (a) LAUREL STREET: LN From the east edge of the pavement on Laurel Street, at its intersection with Satsuma Street, easterly approximately 1400 linear feet, more or less, to the east end of a temporary turn around. (b) CHESTNUT STREET: From the south edge of pavenent on Pecan Street,.south to Fig Street, approximately 1080 linear feet, more or less. (c) THIRD AVENUE: From the south edge of pavement on Pecan Street, south to Fig Street, ap- proximately 900linear feet, more or less. (d) FIG STREET: From the- east .edge of pavement on Fig Street at its intersection with Chestnut Street, to the south end of Third Street, approximate- ly 350 linear feet, _ 1ess. From the. south 'edge of pavement on Gayfer Street south approximately ,25( linear feet, more or 1essl (h) WOOD GROVE CIRCLE: From the east edge of pavement on Blue Island Avenue to the east end of a cul-de-sac in Wood Grove Subdivision, appr a imately 257 linear feet, more or less. (i) ORCHARD DRIVE From the east edg ", _f pavement on Blue Isl R Avenue to the east end 'of a cul-de-sac in Wood Groe Subdivision, approximate; ty 257'linear-feet, more r� less. (j) SPRING RUN: From the east edge . of, pavement on Greeno Road;-' easterly, approxim'Xte"ly 1200 linear feet, moreor less, to the East GAte Drive in East of tJij',,_17,Srn Subdivision. (k) EAST t GATE DRIVE: From the eastend of Spring Run, south, Ap- proximately ,1100 linear feet, more or less, Ato ;the east end of Autumn i Driv`e in East of the Sun Sub- division. i A , (1),AUTUMN,, DRIVE From the south end of East Gate Drive, westerly to -the east edge of pavements of ! Greeno Road;'! approx- imately 1200 linear feet; more or less; in. East of - Sun Subdivision. (m) RONFORTH DRIVE: From the north' end of the pavement on Ronforth Drive northerly to the south edge .; of pavement on Fairwood Boulevard, appro atel 600 linear feet, ore or less. (n) KUiLAN STREET: From(the Wes end of the pavement on Kurlane Streets ut erl approximately 650�linear intersection ? Drive: Mrs. Eve'