HomeMy WebLinkAbout07-28-1941 Regular MeetingSTATE OF ALABAMA
BALDWIN COUNTY
The Town Council of the Town of Fairhope, in the
County of Baldwin, State of Alabama, met in regular session
at the Town Hall on the 28th day of July 1941, the following
were present. -Howard Ruge, Mayor; C. A. Gaston, H. P. Kamper,
and J.O. Stimnson
M. 0. Berglin and Sam Dyson,/ Councilmen, the same constituting
the full membership of the Town Council, and Evelyn Berglin,
Clerk. The following business was transacted:
The following Ordinance number entitled:
» An ordinance to determine upon, order and authorize
the improvement of portions of certain streets, ave-
nues, alleys, highways and other public places within
the corporate limits of the Town of Fairhope, Alabama,
by filling, grading, leveling, graveling, paving, cur-
bing, guttering, draining and the construction of
drains or lateral storm sewers in connection with such
improvements for the purpose of properly draining the
portions of streets so improved and the property abut-
ting thereon, together with all necessary appurtenances
thereto; to provide for the payment of all costs and
expenses thereof by assessment against the property
abutting on the portion of such streets, avenues, al-
leys, highways and public places so improved, drained,
served, protected or benefited to the extent of the
increased value thereof by reason of the special bene-
fits derived from such improvements; to describe the
nature and extent of the work, the general character
of the materials to be -used and the location and ter-
minal points thereof, and the streets, avenues, al-
leys or other highways or parts thereof embraced
therein, and to define the area to be drained, served
or benefited by such drains and lateral storm water
sewers, to direct that full details, drawings, plans,
specifications and surveys of said work and estimates
be prepared; to provide for the publication of this
ordinance and the mailing of copies thereof to the
persons last assessing for city or town taxation the
property which may be assessed for said improvements;
to fix and appoint a time for and to authorize the
holding of a meeting of the Council to hear objections
to said improvements, and to give to this ordinance an
official designation.,
was introduced by �1 . , read in full
by the Clerk and considered by the Council, the said Ordinance
being as follows:
ORDINANCE NO. o�
'An Ordinance to determine upon, order and authorize the
,improvement of portions of certain streets, avenues, alleys,
highways and other public places within the corporate limits
of the Town of Fairhope, Alabama, by filling, grading, level-
ing, graveling, paving, curbing, guttering, draining and the
construction of drains or lateral storm sewers in connection
with such improvements for the purpose of properly draining
the portions of streets so improved and the property abutting
thereon, together with all necessary appurtenances thereto;
to provide for the payment of all costs and expenses thereof
by assessment against the property abutting on the portion of
such streets, avenues, alleys, highways and public places so
improved, drained, served, protected or benefited to the ex-
tent of the increased value thereof by reason of the special
benefits derived from such improvements; to describe the na-
ture and extent of the work, the general character of the
materials to be used and the location and terminal points
thereof, and the streets, avenues, alleys or other highways
or parts thereof embraced therein, and to define the area to
be drained, served or benefited by such drains and lateral
storm water sewers, to direct that full details, drawings,
plans, specifications and surveys of said work and estimates
be prepared; to provide for the publication of this ordinance
and the mailing of copies thereof to the persons last assess-
ing for city•or twon taxation the property which may be asses-
sed for said improvements; to fix and appoint a time for and
to authorize the holding of a meeting of the Council to hear
objections to said improvements, and to give to this ordi-
nance an official designation.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION I. That it be and hereby is determined upon,
ordered and authorized by the Town Council of the Town of
Fairhope, Alabama, that.the Town -of Fairhope, Alabama de-
sign or cause to'be designed, contract for, execute and
cause to be executed, improvements to and on the following
streets, avenues and alleys, highways, and other public places
within the corporate limits of the Town of Fairhope, Alabama,
viz:
(1) That part of Atkinsai-Lane from Bayview Avenue East
to Summit Street.
(2) That part of Fairhope Avenue East from Ingleside to
intersect with Greeno Boulevard.
Including all street, avenue and alley intersections and
public places.
All as per plats filed in the office of the Judge of Probate
of Baldwin County, Alabama, by filling, grading, leveling, gravel-
ing, paving, curbing, guttering, draining and the construction
of drains or lateral storm sewers in connection with such improve-
ments for the purpose of properly draining such portions of said
streets and the property abutting thereon, together with all nec-
essary appurtenances thereto.
Section 2. That the area to be drained, served or benefit-
ed by each of such drains or lateral storm water sewers to be
constructed in connection with such other improvements for the
purpose of properly draining such streets and the property abut-
ting thereon, be and the same hereby is defined to be the prop-
erty fronting on each portion of the streets, avenues and high-
ways herein provided to be improved, actually drained, served
or benefited by each of said drains or lateral storm water
sewers.
Section 3. That all of the costs and expenses of aforesaid
works and improvements incurred by the Town of Fairhope, Alabama,
be assessed upon and against the property abutting on the por-
tion of such streets, avenues, alleys, highways and other public
places so improved, served, drained, protected or benefited by
such improvements to the extent of the increased value thereof
by reason of the special benefits ds'ived from such improvements,
provided that for the intersections of streets, avenues, alleys
or other highways so improved, the cost of improving any inter-
section or any part thereof, shall be assessed against the lots
or parcels of land abutting on each of the streets, avenues,
alleys or other highways'so intersecting for a half block in
each direction therefrom; provided that for the purpose of com-
puting assessments hereunder no block shall be considered as
extending more than 1,000 feet from any intersection so improved;
but in no case shall the assessment against any lots or parcels
of land be greater than the increased value of such lots or par-
cels of land by reason of the special benefits derived from such
improvement. The costs and expenses of such works and improve-
ments shall include the expense of the preliminary and other sur-
veys, and the -inspection and superintendence of such work, print-
ing and -publishing the notices, resolutions and ordinances re-
quired, including notice of assessment, the cost of construction,
preparing bonds, interest on money borrowed during construction
or on bonds when the bonds have been issued in anticipation of
the collection of the assessment and any other expenses neces-
sary for the completion of such improvements.
Section 4. That the works and improvements herein deter-
mined upon, ordered and authorized shall be in the nature and to
the extent of roadway or street paving of a bituminous surface
treatment on a prepared sand clay base, including all necessary
intersections and street corners; drains to an extent necessary
to properly drain such portions of said streets to be improved
hereunder and the property abutting thereon, together with all
necessary appurtenances and filling, grading, leveling, draining
and graveling. That the said proposed street pavement shq.11 be
twenty (20) feet wide on each of the said Streets; that the e
timated cost for the improvements proposed on that Street
ascribed as number one (1) in Section 1, hereto is �;�
that the estimated cost on that street described in two 2 of
Section 1, hereto is $ 1-228_60 •
Section 5. That the general character of the materials to
be used for such works and improvements shall be as follows:
Pavement of streets with a bituminous surface treatment on a
prepared sand clay base.
Section 6, That the full details, drawings, plans, specifi-
cations and surveys of'said work and estimates thereon and thereof
shall be, when completed, placed on file not later than two weeks
prior to the date of the meeting of the Town Council hereinaf6er
provided for, in the office of the Town Clerk of the Town of
Fairhope, Alabama, where property owners who may be affected by
such improvements may see and examine the same,
w-. .a _..
t
Section 7. That this ordinance be published once a week
for two consecutive weeks in the Fairhope Courier, a newspaper
published in Fairhope, Alabama, and that a copy thereof be sent
by registered -mail, postage prepaid, to the persons last asses-
sing for town taxation the property which may be assessed for
said improvements, at their last known addresses, said notices
to be so mailed not less than ten days before the meeting of
the Council provided for in the next succeeding section.
Section S. That the Town Council of the Town of Fairhope,
Alabama, meet at eight o'clock P. M. in the Town of Fairhope,
Alabama, at the office of the Town Clerk thereof, on the 25th
day of. August, _i,, 1941, for the purpose of hearing and at
which time it will hear any objections or remonstrances that
may be made to said improvements, the manner of making the same,
or the character of material or materials to be used.
Section 9. That this ordinance is hereby termed and desig-
nated and shall be known and may be cited "Street Improvement
Ordinance of July 28th, 1941, Number L" ..n
Duly adopted by the Town Council of the Town of Fairhope,
Alabama, at a regular meeting thereof held on the 28th day of
July, 1941.
As Mayor of the Town of Fairhope,
Alabama.
Attest;
J Z�
lerk f t e Town o
Fairhopec, Alabama.
,r
-2-
It was moved by Councilman L, a._
•-�. and seconded by Councilman �[10-f61-�.� ` that
all rules and regulations of the Statuted of the Town council
of the Town of Fairhope which might prevent, unless s:spended,
the immediate consideration and final passage and adoption of
said ordinance at this meeting
The question being put upon the adoption of said mo-
tion and the suspension of the said rules and regulations, the
roll was called with the following results:
Voting Aye: Howard Huge, Mayor; C. A. Gaston, H. P.
1 and J.O. Stimpson
Kamper, M. 0. Berglin and Sam Dyson Councilman..
Voting Nay: None.
Mayor declar0--aezo
d the
mot on carried.
Councilman herefore moved
that the said Ordinance a finally passes and be adopted as in-
troduced. Councilman --seconded the
motion.
The question being put upon the final passage and adop-
tion of the said Ordinance, the roll was called with the following
results:
Voting Aye: Howard Ruge, Mayor; C. A. Gaston, H. P.
and J.O. Stimpson
Kamper, M. 0. Berglin and Sam Dyson,/touncilmen.
Voting Nay: None.
Thereupon, the Mayor declared said motion carried and
the Ordinance finally passed and adopted. The Mayor thereupon
signed said Ordinance in approval of the same.
The following ordinance No. 19M and entitled:
ORDINANCE OF TOWN OF FAIRHOPE GRANTING A FRANCHISE TO
.TOIVN OF FOOLEY/AND S SUCCESSORS AND ASSIGNS
was introduced by 0, Fit- , read in full by
the Clerk and considered by the Council, said ordinance being
as follows:
ORDINANCE OF TOWN OF FAIRHOPE GRANTING A FRANCHISE TO TOWN OF
FOLEY AND ITS SUCCESSORS AND ASSIGNS
BE IT ORDAINED BY THE TOWN COUNCIL OF FA.IRHOPE, AS FOLLOWS:
1. The Town of Fairhope does hereby give and grant to
the Town of F(Iley and to its successors and assigns, the right,
privilege and authority to maintain upon, along, over and across
the public streets of the Town of Fairhope, in the present looa-
tions, all of the transmission lines, poles, wires, and appli-
ances and equipment appurtenant thereto, for the transmission
and distribution of electric energy, which have heretofore been
installed, constructed or maintained by Baldwin County Electric
Light and Power Company, and are now in existence, and now owned
by the Baldwin County Electric Light and Power Company, together
with the right to repair and replace any part of the said trans-
mission lines, poles, wires and appliances and equipment appur-
tenant thereto as may be necessary or proper in connection with
the purposes for which the same are now used; and further the
Town of Fairhope does hereby give and grant to the Town of Filey,
and its successors and assigns, the right, privilege and authority
to engage within the Town of Fairhope in the business of trans-
mitting, distributing, supplying and selling electric energy to
that part of the public therein, North of Fly Creek, which is or
may be served by the said transmission lines now existing; pro-
vided, however, that the Town of Foley shall continue to serve
the customers who are now being served within the limits of the
Town of Fairhope until such time as the Town of Fairhope shall
exercise its right to serve such customers within the said limits
of the Town of Fairhope, which right the Town of Fairhope may
exercise from and after six (6) months notice in writing to
the Town of FVley; whereupon this franchise shall lapse, ex-
cept in so far as it relates to any transmission lines pas-
sing within the limits of the Town of Fairhope shall transmit
energy to any place or -places outside the limits of the Town
of Fairhope.
This ordinance as soon as practicalbe after its
passage, shall be published in the Fairhope Courier, a news-
-- - paper of general circulation in the Town of Fairhope.
It was moved by Councilman
and seconded by Councilman ,.( that
all rules and regulations of the Statutes of the Town Council
of the Town of Fairhope 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 mo-
tion and the suspension of the said rules and regulations, the
roll was called with the following results:
Voting Aye: Howard Ruge, Mayor; C. A. Gaston, H. P.
/a:nd J.O. Stimpson
Kamper, M. 0. Berglin and Sam Dyson,/Councilmen.
Voting Nay: None.
Mayor declared the mot n carried.
Councilman G Z�2 therefore moved
that the said Ordinance be finall assed and be adopted as in-
troduced. Councilman seconded the
motion.
The question being put upon the final passage and adop-
tion of the said Ordinance, the -roll was called with the following
results:
Voting Aye: Howard Ruge, Mayor; C. A. Gaston, H. P.
and -J.0. Stimpson
Kamper, M. 0. Berglin and Sam Dyson, /6ocilmen.
Voting Nay: None.
Thereupon, the Mayor declared said motion carried and
the Ordinance finally passed and adopted. The Mayor thereupon
signed said Ordinance in approval of the same.
The following Ordinance numbered ./s5- being entitled:
"Ordinance of Town of Fairhope Approving proposed
sale by Baldwin County.Electric Light and Power
Company to Town of Foley of its Electric Trans-
mission and Distribution System and Franchises."
was introduced by222 read in full
by the Clerk and considered by the Council, the said Ordinance
being as follows: W-0 /J"%
ry ORDINANCE OF TOV?N OF FAIRHOPE APPROVING PROPOSED
SALE BY BALDWIN COUNTY ELECTRIC LIGHT AND POWER
�•�""""'':+` COMPANY TO. TOWN OF FOLEY OF ITS ELECTRIC TRANS-
MISSION AMID DISTRIBUTION SYSTEM AND FRANCHISES.
BE IT ORDAINED BY THE TOWN COUNCIL OF FAIRHOPE AS FOLLOWS:
1. The Town Council of Fairhope does hereby de-
termine that the proposed sale and conveyance of the electric
transmission and distribution system and other property and the
franchises of Baldwin County Electric Light and Power Company
to the Town of Foley under the terms of a contract between said
Baldwin County Electric Light and Power Company and the Town of
Foley dated the 25th day of June, 1941, which contract has been
exhibited to the meeting of the Town Council of Fairhope, is
consistent with the interests of the public in the Town of
Fairhope, and the Town Council of Fairhope does hereby approve
the said contract and the said proposed sale and conveyance un-
der the terms and provisions of the said contract; and further
the Town Council of Fairhope does hereby waive any and all notice
of the hearing before the Alabama Public Service Commission on
July 25, 1941 on the application of Baldwin County Electric
Light and Power Company, for the approval of the said proposed
contract, and the application of said Company for the granting of
a certificate of conveyience and necessity, authorizing said
Company to abandon its electric utility service to the public, and
does hereby approve and concur in the orders made by the Alabama
Public Service Commission, in connection therewith, on the 25th
day of July, 1941, copies of which orders have been exhibited
to the meeting of the Town Council of Fairhope.
2. This ordinance, as soon as practicable after its
passage, shall be published in The Fairhope Courier, a news-
X( paper of general circulation in the Town of _Fairhope.
It was moved by Councilman
end seconded by Councilman that
all rules and regulations of the Statutes of the Town Council
of the Town of Fairhope 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 mo-
tion and the suspension of the said rules and regulations, the
roll was called with the following results:
4
Voting Aye: Howard Ruge, Mayor, C. A. Gaston, H. P.
amd J.Q. Stimpson
Kamper, M. 0. Berglin and Sam Dyson,/Councilmen.
Voting Nay: None.
Mayor declared the motion carried.
Councilman therefore moved
226e
that the said Ordinance b finally passed and be adopted as in-
troduced. Councilman o? A(/i4iC.._. /(V -Gg--seconded the
motion.
The question being put upon the final passage and adopt-
ion of the said Ordinance, the roll was called with the following
results:
Voting Aye: Howard Ruge, Mayor; C. A. Gaston, H. P.
and J.O. Stimpson
Kamper, M. 0. Berglin and Sam Dyson,/Councilmen.
Voting Nay: None.
Thereupon, the Mayor declared said motion carried and
the Ordinance finally passed and adopted. The Mayor thereupon
signed said Ordinance in approval of the same.
The following ordinance No. la 0 and entitled:
AN ORDINANCE TO PROVIDE THAT ANY PERSON, FIRM
OR CORPORATION KEEPING ANY.FLOCK, OR FLOCKS OF
CHICKENS, DUCKS, GEESE, , GUINEAS. OR OTHER DOMES-
TIC FOWLS WITHIN THE' TOWN OF FAIRHOPE SHALL PRO&
CURE A PERMIT THEREFOR FROM THE TOWN OF FAIRHOPE ;
TO -PROVIDE FOR THE SUSPENSION OF SUCH PERMIT; TO
PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON,
FIRM OR CORPORATION TO KEEP ANY SUCH DOMESTIC
FOWLS WITHIN THE CORPORATE LIMIT WITHOUT HAVING
FIRST PROCURED SUCH PERMIT OR AFTER SUCH PERMIT
SHALL HAVE BEEN SUSPENDED; AND TO PROCIDE THE.PUN-
ISHMENT THHE�REFOORi.
educed by ( '�. (� , read in full by
l consider ad by the Council, said ordinance being as
AN ORDINANCE TO PROVIDE THAT ANY PERSON, FIRM
OR CORPORATION KEEPING ANY FLOCK, OR FLOCKS OF
` CHICKENS, DUCKS, GEESE, GUINEAS OR OTHER HOMES&
TIC FOWLS WITHIN THE TOWN OF FAIRHOPE SHALL PRO-
CURE A PERMIT THEREFOR FROM THE TOVIN OF FAIRHOPE;
TO PROVIDE FOR THE SUSPENSION'OF SUCH PERMIT; TO
PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON,
FIRM OR CORPORATION TO KEEP ANY SUCH DOMESTIC
FOWLS WITHIN THE CORPORATE LIMIT WITHOUT HAVING
FIRST PROCURED SUCH PERMIT OR AFTER SUCH PERMIT
-. •• ,,,_ SHALL HAVE BEEN SUSPENDED; AND TO PROVIDE THE PUN-
"'�`"` `' } ISHMENT THEREFOR.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FAIRHOPE, AS
FOLLOWS:
SECTION I: From and after thirty (30) days after
adoption of this ordinance it shall be unlawful for any person,
firm or corporation to keep any flock or flocks of chickens,
ducks, geese, guineas or other domestic fowls within the cor-
porate limits of 'the Town of Fairhope without having a permit
therefor issued by the Town of Fairhope, or to keep any such
flock or flocks in said Town after or while such permit is
suspended.
SECTION II: Any person, firm or corporation desiring
to keep any flock or flocks of chickens, ducks, geese or other
domestic fowls within the corporate limits of the Town of
Fairhope shall make application onNformb prescribed by the
Town Council,and give therein such information as may be re-
quired by such form, the same to be filed with the Mayor or
Clerk. Upon the filing of such application or as soon there-
after as practicable, the Mayor shall make or cause to be made
an inspection of the premises whereon it is proposed to keep
such fowls. If such premises shall be found to be free from
unsanitary droppings, refuse and objectionable odors and in
such condition as not to breed flies; -'he shall issue such per-
mit; if not, then he shall refuse such permit until such time
as the offensive substance or condition shall'be removed.
SECTION III: The Mayor shall as often as he or the
Council shall deem it necessary or proper make or cause to be
made an inspection of any premises of any person, firm or corpo-
ration to whom a permit shall have been issued; and if the pre-•
mises where -such fowls are kept shall not be free from objection-
able or unsanitary droppings, refuse -and odors, or shall be in
condition to breed flies, he shall so notify the holder of the
permit and require such objectionable substance or condition to
be removed within a reasonable time, to be fixed by him; and if
such objectionable substance or condition be not removed -within
the time so fixed, the Mayor shall suspend the.permit, until such
objectionable substance or condition shall be removed:
SECTION IV: Any person, firm or corporation convicted
of keeping any flock or flocks of chickens, ducks, geese, guineas
or other domestic fowls without a permit or after, or during the
t the time any such permit has been suspended shall be fined
not more than 050.00 and may be sentenced to hard labor for the
Town of Fairhope for not more than 10 days.
SECTION V: Any person, firm or corporation whose ap-
plication for a permit has been refused or whose permit has been
suspended may appeal to the Town Council who shall set a day and
hear such appeal, and from the Council's ruling an appeal may
--�•..�- be taken by the applicant to the Circuit Court of Baldwin County;
but any such appeal to the Council or to the Courts shall not
authorize the applicant to keep any such flock or flocks un-
less and until the appeal shall have been determined in his, her,
their or its favor; nor shall it relieve him, her, their -or its
from criminal liability hereunder for keeping such flock or
r flocks without a permit or after the permit is suspended and
during the pending of the appeal.
SECTION VI: This Ordinance shall go into effect upon
its adoption and approval.
It was moved by Counc loran
Q
and seconded by Councilman- that
all rules and regulations of the Statutes',of the Town Council
of the Town of Fairhope 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 mo-
tion and the suspension of the said rules and regulations,the
roll was called with the following results:
-Voting Aye: Howard Ruge, Mayor; C. A. Gaston, H. P.
and J.O. Stimpson
Kamper, M. 0. Berglin and Sam Dyson, Councilmen.
Voting Nay: None.
Mayor declared themotioncarried.
Councilman 2 lit- therefore moved
that the said Ordinance b finally passed and be adopted as in-
troduced. Councilman Gl�wC� seconded the
motion.
The question being put upon the final passage and adop-
tion of the said Ordinance, the roll was called with the following
results:
Voting Aye: Howard Ruge, Mayor; C. A. Gaston, H. P.
and J.O. Stimpson
Kamper, M. 0. Berglin and Sam Dyson ; Councilmen.
Voting Nay: None.
Thereupon, the Mayor declared said motion carried and
the Ordinance finally passed and adopted. The Mayor thereupon
signed said Ordinance in approval of the same.
It was moved by Councilman M.O.. Berglin and seconded by Councilman
H.P. Hamper that the application of Guernsey Clarke for a building
permit as per plans on file,; be granted. Motion carried.
It was moved by Councilman C.A. Gaston and seconded by Councilman
11.0. Berglin that Harry Stradling be employed as Assistant Engineer
in the electric plant at a salary of $75.00 per month, effective
immediately. Motion carried.
It was duly moved and seconded that the meeting adjourn. Motion
carried.
04L
Approved:
Attest: Mayor
C rk