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HomeMy WebLinkAboutO-522ORDINANCE NO. AN ORDINANCE, TO PROVIDE FOR THE PLANNING, DESIGN, LOCATION, FINANCING, ACQUISI- TION OF PROPERTY FOR, CONSTRUCTION, ALTERATION, ENLARGEMENT, USE, MAINTENANCE, OPERATION, AND FOSTERING OF'WF-STREET AUTOMOBILE PARKING FACILITIES IN THE CITY OF FAIRHOPE; AND TO CREATE A PARKING'AUTHORITY OR PARKING COMMITTEE, PROVIDING FOR. ITS. MEMBERSHIP, AUTHORITIES AND DUTIES. SECTION I: It is hereby determined and declared that in the City of Fairhope the free circulation of traffic of all kinds through the streets of said City is necessary to the health, safety and general welfare of the public; that in re- cent years, the greatly increased use by the public of motor vehicles of all kinds has caused serious traffic congestion in the streets of said City; that the parking of motor vehicles in the streets has contributed to this congestion; that such congestion prevents the free flow,of traffic in, through and from the City of Fairhope and impedes the rapid and effective fighting of fires and dispositior of its Police Force, threatens irreparable loss in the values of urban property otthin the City -which can no longer be readily reached by vehicular traffic and endangers the health, safety and welfare of the general public; that this traffic Go.ngestion is not capable of being adequately abated except by provisions of sufficient off-street parking facilities; that adequate off-street parking faci- itties have not been provided and parking spaces now existing must be forthwith supplemented fir off-street parking facilities provided by public undertaking; and :fiat the enactment of the provisions of this Ordinance is hereby declared to be � public necessity, which said Ordinance is enacted by authority of a Special ict of the Legislature known as Act No. 11.33, and approved by the voters of the iunicipality of the City of Fairhope, Fairhope, Alabama by special referendum Leld on December 18, 1973. ZCTION 2: There is hereby created a parking Authority or Parking Committee by .he Mayor and City Council ofthe City of Fairhope with respect to the development reation, operation and general supervision of any and all matters related to ublic parking. Said Parking Committee shall be composed of seven (7) members, nd all such members shall be residents of the City of Fairhope, Alabama and over he age of 21 years. Insofar as is nearly mathematically possible, of the members first pointed under this Ordinance, one-third shall be appointed for a term of two ars, one-third for a term of three years and one-third for a term of four years, ereafter, all members of the Committee or Parking Authority shall serve for rms of four years. j� SECTION-3:., The Parking Authority or Parking Committee created by this Ordinance is hereby authorized and empowered to acquire, receive, take and hold, whether by purchase, gift; lease, devised, (or condemnation but only after being approve) by resolution of the Mayor and Council of the City of Fairhope), or otherwise, property of every description, whether real, personal or mixed, and to manage said property and to develop any undeveloped property owned , leased or con- trolled by such Parking Authority for the purposes hereinafter set out; to exe- cute such contracts and other instruments and to take such other actions as may be necessary and convenient to carry out the provisions of this Ordinance or to exerctse the power granted hereunder; to plan, establish; acquire, construct, enlarge, improve, maintain, equip, operate and regulate and protect the said Parking Facilities. SECTION 4:', TheParki.ng Authority or Parking Committee created hereunder shall see to the maintenance of said Parking Facility or Facilities, and carry all proper insurance (including liability insurance), with the respect thereto, the estimated costs of maintaining the Parking Facility in good repair and keeping it properly insured. SECTION 5: The Parking Authority or Parking Board created hereunder, shall use the revenue for the rentals of tte Parking Facility or Facilities, to pay the costs of the acquisition of the said property, to pay the costs of maintaining the Parking Facility or Facilities and keeping the same in good repair and keep tng the property insured, and any net revenues over and above the said costs of acquisition of properties and the maintenance and operation of the Facility or Facilities and insurance for came, shall be paid over to the City of Fairhope, to its. general fund. SECTION 6:- All property and income of the Authority shall be exempt from all State, County, Municipal and other local taxation; provided, however, this ex- emption shall not be construed.to exempt,'concessionaires, licensees, tenants, operators or lessees of or on any Parking Facility owned by the Authority for the payment of any taxes, including license or privilege taxes levied by the Sta County or any Municipality in the State. SECTION 7:' If any Section, provision, or clause of this Ordinance shall be de- clared i.nvali'd or unConstituti.onal, by any Court.of competent jurisdiction, such larat%on shall not affect the part or parts which remain. ;e , 5 )'� E 0 This Ordinance shall become effective upon its due adoption, and pubilcatlon as required by lavr. ADOPTED THIS THE��DAY OF 1974. ATTEST: CITY CLERK