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HomeMy WebLinkAboutO-604• I 1 I i 1 I I I ' Failrhope (City Council' Page Nb. 4 1 Minute§ for 12-27-77 meeting ORDINANCE NO I I I d 1 9 I I I I I I I I I ' I , 1 I I 1 I I l I I i , WHEREAS, the City Council of the City of Fairhope, Alabama, has adopted Ordinance No. 544 which levies a privilege license tax,on,businesses which conduct business within the limits of the'municipality effective for'the year 1975 and the'years ,,thereafter; and I I I I WHEREAS, Section 9-10 of Ordinance No. 544 levies a privi- lage license on all businesses operating in the police jurist diction of the municipality effective for the year 1975 and he years thereafter;' and I , I I I WHEREAS, Section 9-10 of Ordinance No. 544 provides t:ha't the amount of the license fee collected from a business operating in the'police jurisdiction of the municipality shall amount 4to one-half of the amount collected from a similar business operating in the corporate limits of the muncipality; and I i WHEREAS, the Finance Committge of the City Council has I been directed to make a study of the revenues collected frog sail police'jurisdiction levy during the calendar year'1977 and 1 to also make a study of the costs of providing servi'ceslto the said area during said year; and I � WHEREAS, the Finance Committee has determined that the tota revenue collected from businesses operating in the police,,juris- diction during said year was 5 2, and that the muniApal ity ha's expended' 49.320.78 ih providing services to said area during said year; an I , ' WHEREAS, the total expenditure for services'in the police jurisdiction during said year exceeded the amount. of I total ., revenues collected from businesses in the police,�jurisdiction,, by 6 and I ' II 1 a I I � , ' WHEREAS, the council on consideration of these (facts I has determined that projected revenues,and expenditures for the' police jurisdiction during the current license year are'substan- tiallylthe same as for the license year 1976 and finds thatIthe levy of the license tax in the police jurisdiction in an'amount one-half of the levy on similar businesses operating in the, I, corporate limits for the current license year will not produce revenues in excess of expenditures for services which have Seen rendered or will be rendered in said area during thelcurren� license year; now, therefore, y I I I 1 I BE IT ORDAINED BY THE CITY COUNCIL'OF THE CITY OF FAIRHOPE, ALABAMA,'that Section 9-10 of Ordinance No. 544,1(which W , establ.'ishes a privilege license for businesses operating in�the' police' jurisdiction of the municipality (for the year,. ' 1975 and years thereafter is hereby ratified and affirmed for the current license year. ( a II „1 ADOPTED AND APPROVED THIS THE ' DAY OF__1 I a MAYOR I ATTEST: I I I I' d �. Y TRT -- II I• I I � ' ' i Page No. 2 Fairhope City Council December 12th, 1977 A-uncilmar.. Henry G. Bishop moved seconded by Councilman Billy D n Wiggins for the approval of a beer and liquor license to Na cy G,Vle Stafford for the Hideaway. Motion carried. Thibeing the date set for the oapening of bids on two new polc e cars the following bids were received: Gaston Motor Company: Thomas Pontiac Co. With # 10 as a trade-in; $ 4,783.00. No Bid. CouncilmarL avid E. Bishop moved, seconded by Councilman Jack A. Stipes, t reject the bids since the bids were not let in accordance wi-h specifications. Motion carried. Councilman Jac A. Stipes moved, seconded by Councilman David E. Bishop, to r submit the bid for two (2) new police cars, with and withou a trade in on one of the cars and a bid on one car to be pu chased outright. Motion carried. Councilman .Jack A. Stipes told members .of the Council that it: would cost.approxim tely $ 3,000.00 for paving at Fly -Creek, and requested that e. City appropriate the monies for the paving. Mr. Stipes said that when it rains in the area the water washes up red c ay which fills up the boat slips so that boats can not get up t the gas tanks. Councilman Jack A. Stip s moved, seconded by Councilman Billy Don Wiggins, for the Ci to go out on bid for the paving at Fly Creek. Motion carri d. Councilman Sam E. Box move\ae ed by Councilman Billy Don Wiggins, to hold the regulg of the City Council on Tuesday, December 27, 1977P.M. Motion carried. i Couricilt�ari Jack A. Stipes cond'ed by Councilman Sam F. Box, for the City to advera public hearing on the rezoning of the Rosa Acresion from R-3 to R-2. Motion carried. Councilman Jack A. Stipes introduce the following Ordinance, ORDINANCE NO. 603 AN ORDINANCE TO PROHIBIT THE BLOCKING OF STREETS, SIDEWALKS, ALLEY WAYS OR OTHER RIGHTS -OF -WAY WITHIN THE CITY LIMITS OF THE CITY OF FAIRHOPE, ALABAMA AND ESTABLISHING THE FINES THEREFORE.. BE I"' ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. It shall be unlawful for any person to block or impede by partially blocking any street, alley way, sidewalk, or other right-of-way, within the Corporate Limits of the City of Fairhope, Alabama. SECTION 2. Any person convicted under this Ordinance shall be fined not less tahn $ 1.00 nor more than $500.00 under the discretion of the Court. Page No. 3 Fairhope City Council December 12, 1977 SECTION 3. Any and all ordinances in conflict herewith be`, and the same are hereby repealed. SECTION 4. That this ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE ATTEST: CITY CLERK DAY OF 1977. Councilman. Jack A. Stipes moved, seconded by Councilman Henry G. Bishop, to %ave the City refund the amount that the builder paid for a buiing permit and a job license fee at the St. Lawrence Cathoc Church, since it has been the policy of the City riot to charge churches for building permits. Motion carried. This being, the date\set by the Council for the leasing o.f. Fly Creek the fol.lowin.g were received: 1. Robert L Jefferson, $ 1,000.00 for the lease of the building and $ 1.00 per thousand pounds of fish sold. 2. Joe Penningt n: $ 1,000.00 for lease of: the building and 10(,, per 100 pounds of fish sold. Councilman: Jack A. Stipes mo ed, seconded by Councilman David E. Bishop, to give the lease s presented to Mr. Robert L. Jefferson. Motion carried. ` Councilman Sam E. Box moved, sec ded by Councilman Jack A. Stipes for the City to advertise Nr a public hearing on the rezoning of the Strickland propertA Motion carried. The application of Mr_. Leon Allen fo a beer permit for Allen's Seafood located at Battles Wharf was ld over for action at the December 27 , 1977 meeting of the Counci Councilman David E. Bishop told Council embers o.f a proposed rate increase. by Alabama Power Company fo an increase on wholesale electric rates, with the increas to be proposed at 17.92 % effective January of 1978 and 17.92 % effective at the end of 1978. rhope City Council uses for November 28th; c� No. 5 Council Jack A. County M and 'half n Henry G. Bishop moved, seconded by Councilman tipes to appropriate $ 4,200.00 to the Baldwin sx al Health Association, to be payable half now months from now. Motion carried. Councilman\ESTA tipes moved, seconded by Councilman Henry G. Bifinal adoption of Ordinance No. 600 AN ORDINANCABLISH A MUNICIPAL COURT. Motion carried. Councilman n Wiggins moved, seconded by Councilman David L. Bifinal adoption of Ordinance No. 601, All ORDINANCISHING FINES WITHIN THE CORPORATE LIMITS OF THE; CITYHOPE, OR THE POLICE JURISDICTION -THEREOF; Motion carr Councilman Henry G. )�ishop moved to Introduce the following Ordinance: r, ORDINANCE NO. 602 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. Any person, firm or corporation committing any offense within the Corporate Limits of the City of Fairho-, Alabama, or within the Police Jurisdiction thereof, which is in violation of an ordinance of the City of Fairhope, now ezi..sting or hereafter enacted, shall, upon conviction be punished by a fine of not less than One Dollar ( $ 1.00 ;) nor more than Five Hundred Dollars ( $ 500.00 ) In addition thereto, any person so convicted, may be imprisoned or sentenced to hard labor for the City of Fai_rhope, Alabama for a period not exceeding six months, at the: discretion of the court trying the case. Provided, however, that no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine or sentence of imprisonment established under State Law for the commission of,substa.ntially similar offenses. SECTION 2. All Ordinances or parts of ordinances which conflict with this ordinance are hereby.repea.led. The ' provisions of this Ordinance are cumulative and shall not be construed to repeal or supercede any laws not inconsistent herewith. SECTION 3. If any part of this ordinance is declared invalid or unconstitutional, such declaration shall not affect the parts which remain. SECTION 4. This ordinance shall become effective on December 27, 1977, following its due adoption and publicatii as required by law. n ADOPTED AND APPROVED THIS THE -(/' DAY OF �/' ,__'�- _ 1977. ATEST ty Cle MgY0' rn,,no i 1 man Sam F. _ Box moved. seconde Councilman. /David E . Fairh.ope City Council Minutes for meeting November 28, 1977 e No 2 This being the date set for the public hearing on the request f Mr.. J. Russell Kilgore for rezoning of property from R-2 Tedium Density Single Family Residential District to R-3 L'mir_ed multi Residential District the 1.29 acres on t e western most portion of the Kilgore Property, the hearing wa, called to order. Mr. Kilgore was present to represent his application. Mr. Kil or(3t stated that he desired the rezoning in order to con•- stru t four duplexes. Mr. Kilgore said that the construction of th. duplexes would in no way affect Pecan Street and that he wag willing to abide by the restrictions placed by the Fairho e Planning -Commission in that there would be a covenant runnin. with the deed that nothing larger than four duplexes would b built on the area defined, that a fence would. be extended s far as the Bishop property line surrounding theproperty, and that a green belt would be planted immediately at the ti e of the development to insure a buffer. The meeting was then o ened to those present regarding the rezoning reques• Property ow ers from the area asked Mr..Kilgore various, far the rezoning questions r arding the rezoning as to how E would d e anrt t on he henotalunumbereofp drainage duplexesewhich`wouldrbe ulentcon- dra�_n�ag structed. Mayor Nix then asked for a show A hands of those present at the hearing in avor and opposed to the rezoning. Those oppose outnumbered thos in favor of the rezoning. Councilman Sam E. ox Bishop, for the Ci y Kilgore for a chang put to vote the fol o E. Bishop, Sam E. Bo and Billy D. Wiggins. that the request for moved, seconded by Councilman David E. to deny the request of Mr. J. Russell in zoning from R-2 to R-3. Upon being; wing vote was recorded: AYES: David NAYES: Henry G. Bishop, Jack A. Stipes Mayor Nix voted Naye. It was stated �ezoning was dead at this time. Mr. Leon Harris of the ay Area Alcoholic Council came befc)re the Mayor and Council t request a contribution from the City i for. the program.. Member of the Council explained to Mr, Harris the City's positi.0 on contributions stating that all contributions had been omitted from the City's budget. ` Councilman Jack A. Stipes oved, seconded by Councilman David E. Bishop, to deny the requ st for a contribution to the Bay Area. Alcoholic Program. Motion carried. The 1'•'Iayor"and Council receive a letter from Carlton Niemeyer requesting an extension of wat r lines to Montrose. Council- man Sam E. Box moved, seconded v Councilman David E. Bishop to recommend the extension of t e water lines as requested by Carlton Niemeyer and for the Cit to go out on bid .for the cost of: the extension. Motion ca ried. Mr. Henry G. Bishop moved to intro cIce the following Ordinance ORDINANCE NO 603 , Ali ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED PROPERTY WHICH SAID PROPERTY IS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF FAIRHOPE, ALABAMA SUCH:-�ANNEXATION BY PETITION OF ALL OF THE PROPERTY OWNERS SAID PROPERTY. WHEREAS, CHESTER HUNT and wife, MARY L. HUNT, being the owners of all of the hereinafter described, such property Fairhope City Council Minutes for meeting November 28th, 1977 Page No. 3 feing without the Corporate Limits of the City of Fairhope, but being contiguous to the City of Fairhope, and such property not lying within the Corporate Limits or Police Jurisdiction of and other municipality, does, by these presents, hereby petition that said property be annexed to the City of Fairhope, Alabama, WHEREAS, a Map of said property is hereby attached. WherE:as, this petition is filed under Authority of Act No. 2228, 1971, .acts of the State Legislature of the State of Ala- bama, and the property being more particularly described as follows to -wit: Begin at the Northwest corner of the Northeast 1/4 of Section 20, Township 6 Southm Range 2 East, Baldwin. County Alabama, run south along the Section Line 1350.9 feet, thence run East 25 feet to"the POINT OF BEGINNING=: Thence run East 350 Feet; thence run S 130 30' 11, 154.4 feet to a concrete block; thence run West 306 Feet to a concrete block on the east margin of Young Street; thence run N 030 03' W, 150.feet to the Point of Beginning. BE IT FURTHER ORDAINED by the City of Fairhope, .Alabama that the Cite of Fairhope does hereby assent to the annexation to the City of Fairhope of the hereinabove described property. BE IT FURTHER ORDAINED, by the City of Fairhope that a Certified Copy of this Ordinance, along with a copy of the petition and plat be recorded in the Office of the Judge of probate of Baldwin County Alabama. , THIS ORDINANCE and the area annexed shall become a part of the Corporate area of the City of Fairhope, Alabama upon its due adoption and publication as required by 1a . ADOPTED THIS THE _ .��DAY OF _ CITY`OF FAIRHOPE, a municipal corporation -A '� - "L TEST' 2 AT r// Councilman Sa, E. Box moved, seconded by Councilman Henry G. Bishop, that al rules governing the Council which might , unless suspended, preven the passage and adoption of the Ordinance annexing the proper of Mr. and Mrs. Chester Hunt into the coy^po - ate. limits �f the Cit of Fairhope, be and the same are hereby suspended, for the pure e of said Ordinance to be finally passed and adopted at this meets Upon being put to vote the follow- ing vote was recorded: AY, David E. Bishop, Henry G. Bishop, Sam E. Bc�x, Jack A. Stipes an Billy D. Wiggins. NAYES: NONE. Motion carried.