HomeMy WebLinkAbout01-07-1988 Special Meeting903
NOTICE AND CALL OF SPECIAL MEETING
Notice is hereby given of a special meeting of the City
Council of the City of Fairhope, Alabama, to be held at
the Fairhope Municipal Complex Council Chamber, on
Thursday, 7 January 1988, at 5:30 pm, for the purpose
of hearing and ruling upon, and thereby setting all
assessments, any written objections to said assessments
for the 1986-1987 Public Improvements Assessments Project.
es Y. Nlx, Mayo
CONSENT TO HOLDING OF MEETING
e
The undersigned members of the City Council of the City
of Fairhope, Alabama, do hereby acknowledge service of
the Notice and Call of Special Meeting hereinabove set
forth and do hereby consent to the holding of such
meeting at such time and in such place and for the
purpose set forth therein.
*Councilmembers David E. Bishop and Barney L. Shull not present.
904
STATE OF ALABAMA X
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in special session
at 5:30 pm; Fairhope Municipal Complex Council Chamber,
161 North Section Street; Fairhope, Alabama 36532; on
Thursday, 7 January 1988.
The purpose of this meeting was to hold a public hearing
as duly advertised of any written defenses or objections, and
to rule upon same, to the assessments on affected property
under the 1986-1987 Public Improvements Assessments Project.
Present were Mayor James P. Nix; Councilmembers Roy C.
White, Jeanette Puckett, and Michael A. Ford; City Attorney
James Reid and City Clerk Evelyn Phillips. Councilmembers
David E. Bishop and Barney L. Shull were absent.
There being a quorum present, Mayor Nix called the
meeting to order.
Mayor Nix began the meeting by reviewing the streets
involved in the project and stating each street's per -front -
foot cost. There were only two written objections, one from
Mr. Louis Walker and one from Mr. W. T. Watts, which council
reviewed and did not make a ruling to change their assessment.
Although not required, Mayor Nix invited comments from the
audience. There were no comments or questions.
To finalize the project, Councilman Ford introduced, and
moved for the adoption of, the following resolution. Seconded
by Councilwoman Puckett, motion passed by the following vote:
AYE - Ford, Puckett, White, and Nix. NAY - none:
(Resolution No. 244-88 on next three pages.)
905
RESOLUTION NO.�
A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESS-
MENTS FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT
ORDINANCE NO. 774 AS MODIFIED, AMENDED, AND CONFIRMED BY
ORDINANCE NO. 777 AND ASSESSING THE COST OF SAID IMPROVEMENTS
UPON THE PROPERTY SPECIALLY BENEFITED THEREBY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
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:
(a) The City Council of the City of Fairhope adopted an ordinance on, to -wit,
the 25th day of August, 1986, entitled "IMPROVEMENT ORDINANCE NO. 774: AN
ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON PROSPECT STREET, BON SECOUR
AVENUE NORTH & SOUTH, SCHOOL STREET, HUNT ROAD, BELLANGE STREET, SHORE VILLAGE
DRIVE, SHORE VILLAGE CIRCLE, SHORE VILLAGE LANE, ECHO LANE WEST, AND NICHOLS
STREET EXTENSION IN THE CITY OF FAIRHOPE, ALABAMA."; and, on the loth day
of November, 1986, amended, modified, and confirmed said ordinance by ORDI-
NANCE NO. 777 which deleted Hunt Road, Shore Village Drive, Shore Village
Circle, and Shore Village Lane, and added Suburban Drive.
(b) Provision was made in Ordinance No. 774 for the assessing of the cost of
said improvements against the property specially benefited thereby.
(c) Ordinance No. 774 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 Moore Engineering
Company where property owners who might be affected by said improvements
could see and examine the same.
(d) Ordinance No. 774 provided that the City Council would meet on the 22nd
day of September, 1986, at the City Administration Building in the City of
Fairhope at 5:30 pm 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) Ordinance No. 774 was published once a week for two consecutive weeks in
the EASTERN SHORE COURIER, a newspaper of general circulation in the City of
Fairhope, the first publication being made not less than two weeks prior to
the 22nd day of September, 1986.
(f) A copy of Ordinance No. 774 was sent by 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 than ten days prior to September 22, 1986.
(g) At a meeting of the City Council, held at the time and place duly fixed
by published notice, all objections and protests were heard and considered
and Ordinance No. 774 was duly modified, amended, and confirmed by Ordinance
No. 7779 at a later Council session on 10 November 1986; and said improvements
were finally ordered.
(h) Notice was given on the 2nd, 5th, and 12th of November, 1986, 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 24th day of November, 1986, and the
City Council, as provided by law, did, on the 8th day of December, 1986, let
the contract to make such improvements to TEMCO CORPORATION, the lowest
responsible bidder.
906
Res. No. aw"88 continued:
(i) Said improvements have been constructed, completed and accepted in
accordance with Ordinance No. 774 and the contract.
(j) The Mayor of the City of Fairhope has caused to be prepared an ASSESSMENTS
ROLL BOOK showing the name 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; which
was, on the 14th day of December, 1986, 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 by publication in the EASTERN SHORE COURIER,
a newspaper of general circulation in the City of Fairhope, in the issue of
16 December 1987, of this meeting and of the availability of said Assessments
Roll Book. Copies of said Notice were also mailed by Certified Mail, on
14 December 1987, to all property owners of record to be assessed.
(1) The 7th day of January, 1988, at the Council Chamber, Fairhope Municipal
Complex, was mentioned in the foregoing Notice as the time and place at
which the City Council would meet to hear and determine any objections or
defenses that might be made, in writing, to such assessments or the
amounts thereof.
(m) The following objections or defenses to the proposed assessments against
said property or the amounts thereof have been filed in writing with the
City Clerk, to -wit:
Written: -
(1) Mr. Louis Walker, 8 Chaffee Creek, Camden, AR 71701;
(Lot 1, Blk 2, Central Park S/D-School Street) objected
to his property being assessed because he felt improvements
did not increase his property value. - No Changes were ruled by Council.
(2) Mr. W. T. Watts, S01 Richmond Avenue; (Lot 12, Richmond
Square-S/D-Bon Secour Avenue) objected because he had bought
his property and was not told about a pending assessment.
- No Changes were ruled by Council.
Although not required to hear oral objections, Mayor Nix invited any comments
or questions from the audience - None were given.
(n) The City Council has heard and passed upon all of said objections and
protests under the rules and regulations heretofore adopted, made and
provided for by the Council in such cases.
907
Res. No. 4�-L-98continued:
Section 2. That the amount of
land described and included in
is hereby fixed; in accordance
and confirmed in Ordinance No.
ASSESSMENTS ROLL BOOK.
the assessment against each lot or parcel of
said ASSESSMENTS ROLL BOOK be and the same
with Ordinance No. 774 as amended, modified
777; in the amounts set out in said
Section 3. That it is ascertained by this Council and determined and so
adjudged that the cost of constructing said improvements is $360,591.87
and that the total amount assessed against all the property by this resolution
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 or parcels of land so assessed abut on the part of
said streets or highways so improved, or on a street or highway intersecting
said part of said improved streets or highways within a half block of the
streets or highways 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, and the amount.of such assessment are hereby determined,
adjudged and fixed as per the 1986-1987 Public Improvements ASSESSMENTS
ROLL BOOK.
ADOPTED THIS DAY OF JANUARY, 1988.
V
P. Nix, Mayor
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City C1 k
There being no other business, meeting was duly adjorned at
5:40 pm. t /� l
Jam,91s P. Nix, Mayo.
City 9
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