HomeMy WebLinkAbout08-07-1950 Regular MeetingEXCERPTS FROM MINUTES OF
THE MEETING OF THE CITY
COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, HELD
ON THE 7TH DAY OF AUGUST,
1950
The City Council of the City of Fairhope, Alabama,
met in adjourned regular session at the regular meeting
place on the 7th day of August, 1950, at -7—�o'clock,
P.M., pursuant to adjournment of the regular meeting held
on July 24, 1950. The meeting was called to order by, the
mayor and upon roll call the following were found to be
present: Mayor T. J. Klumpp and the following members of
the city council: M. 0. Berglin, J. T. Bradford, R. H.
Brown, Edward B. Overton, and Ira N. Steele; and the
following members of the city council were found to be
absent:
Miss Marie Moore, the City Clerk, was also present at
the meeting and acted as clerk thereof. The mayor
presided at the meeting and announced that a quorum was
present and declared the meeting was open for the transaction
of business. The minutes of the preceding meeting were read
and approved.
The mayor brought up for discussion and con-
sideration the existing water works and sanitary sewer
system owned by the city. As a result of such discussion
it was recognized that the said system is not adequate to
meet the present and future needs of the city and its
inhabitants and that it is impracticable for the city to
finance the improvements and extensions to the said system
which are necessary to meet the needs and requirements of
the city's inhabitants. The discussion also developed the
fact that it is desirable that said water works and sanitary
sevier system continue to be operated as a unit, since its
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water functions are integrated with and closely related to
its sewer functions. The mayor stated that The Water Works
and Sewer Board of the City of Fairhope, a public corpora-
tion, had been organized primarily for the purpose of ac-
quiring and operating a water works and sanitary sewer
system in the city; that the said corporation contemplated
making necessary improvements and extensions to said system
if it should be conveyed to said corporation; and that said
corporation had the power under existing law to continue
operation of said.water works and sewer system as a unit.
He further stated that he had. been advised by counsel that
the city had authority to transfer and convey its water
works system and sanitary sewer system to the said corpora-
tion under the provisions of Section 402 of Title 37 of the
Code of Alabama of 191+0, as amended. After such discussion
the following ordinance was introduced in writing by
CoundilmanA6ZA and read to the meeting:
ORDINANCE NO. 20 7
AN ORDINANCE TO AUTHORIZE THE
TRANSFER AND CONVEYANCE TO THE
WATER WORKS AND SEINER BOARD OF
THE CITY OF FAIRHOPE OF THE
STATER WORKS PLANT AND DISTRIBU-
TION SYSTEM AND THE SANITARY
SEV.JER SYSTEM OWNED BY THE CITY
OF FAIRHOPE
BE IT ORDAINED by the City Council of the City of
Fairhope, Alabama, as follows:
(1) The words "the city" as used herein mean
the City of Fairhope in the State of Alabama. The
words "the board" as used herein mean The Water Works
and Sewer Board of the City of Fairhope, a public
corporation organized under the provisions of Title
37, Sections 394 to 402, inclusive, of the Code of
Alabama of 1940, as amended. The words "the system"
as used herein mean the entire water works and
sanitary sewer system (being a consolidated system
composed of a water works plant and distribution
system and a sanitary sewer system) now owned by the
city, including all appurtenances thereto and all
properties used in connection therewith or forming a
part thereof. The words tithe outstanding obligations"
as used herein mean the $48,000 principal amount of
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Waterworks and Sewerage System Revenue Bonds of the
city dated July 1, 193/+, and numbered from 44 to 91,
inclusive, together with the interest coupons applic-
able thereto.
(2) The said city council does hereby ascertain
and declare that the following facts are true: The
system does not constitute property or any part of
property used or which �t is contemplated will be
used by -the city for the rendition of any government-
al function. The only outstanding obligations of
the city that are secured by or payable from the
revenues from the s tem are the outstanding -obliga-
tions. The sum of 1149.,175-00 is sufficient to
provide funds to retire the outstanding obligations.
It would be in the public interest and it would be
advantageous to -the city and its inhabitants if the
system should be transferred and conveyed to the
board. Such transfer and conveyance is authorized
to be made under the provisions of Section 402 of
Title 37 of said code, as amended.
(3) In consideration of the public benefit
that will result from such conveyance, and of the
ayment by the board to the city of the sum of
649,175.00 in cash, the mayor is hereby authorized
and directed to execute and deliver to the board,
for and in the name of the city, an appropriate
deed whereby the system shall be transferred and
conveyed to the board, and the city clerk is hereby
authorized and directed to affix to such deed the
corporation seal of the city and `attest the same.
Adopted and approved this 7th day of August,
1950.
Mayor
Authenticated:
City I Clerk
Councilman moved
for immediate consideration
which motion was seconded by
upon the motion being put to
that unanimous consent be given
of and action on said ordinance,
Councilman and
vote the following vote was
recorded:. -Ayes: Mayor Klumpp and Councilmen Berglin, Bradford,
Brown, Overton, and Steele; Nays: None. The mayor thereupon
declared the motion for unanimous consent for immediate
consideration of and action on said ordinance had been
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_unanimously carried. Councilman thereupon moved
that the said ordinance be finally adopted, which motion
was seconded by Couneilma , and upon the motion
being put to vote the following vote was recorded: Ayes:
Mayor Klumpp and Councilmen Berglin, Bradford, Brown.,
Overton and Steele; Nays: None. The mayor thereupon
announced that the motion for adoption of said ordinance
had been unanimously carried and he thereupon signed the
same in approval thereof.
councilman introduced the following
ordinance which was read to the eeting:
ORDINANCE NO. �-0
AN ORDINANCE GRANTING. A WATER
FRANCHISE TO' THE WATER IVORKS
AND S5YER BOARD OF THE CITY OF
FAIRHOPE, ITS SUCCESSORS AND
ASSIGNS
BE IT ORDAINED by the City Council of the City of
Fairhope, Alabama,as follows:
(1) The words "the city" as used herein mean
the City of Fairhope in the State of Alabama, as it is
now constituted and as it may hereafter be -extended
or enlarged. The words "the boards} as used herein
mean The Water Works and Sewer Board of -the City of
Fairhope, a public corporation organized under the
provisions of Title 37, Sections 394 to 402, inclusive,
of the Code of Alabama of 1940, as amended.
(2) There is hereby granted to the board the
right, privilege, authority and franchise -'to acquire,
own, maintain, construct, enlarge and operate in the
city a water works plant and a water distribution
system, or either of them, together with the right,
privilege, authority and franchise to lay, construct
and maintain pipes, mains and other conductors,
fixtures and related appurtenances in, along, across
and under the streets, avenues, alleys and other
public places of the city for the purpose of convey-
ing and distributing water in and through the city,
and to repair, renew, relay and extend such pipes,
mains, conductors, fixtures and related appurtenances,
and to make all excavations necessary therefor.
(3) ,The board shall, and by accepting this
franchise agrees, that it will; upon.making any
excavations of the streets, avenues, alleys, public
ways and public places of the city, restore the sur-
face or paving at the point of such excavations in
substantially the same condition as before such work
was done, all -as promptly as may be practicable and
within a reasonable length of time. thereafter.
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(4) The rights, privileges, franchise and
authority hereby granted may be exercised by the
board or.any successors and assigns of the board,
all subject nevertheless to the conditions and
obligations herein contained.
(5) The rights, privileges, consent, and fran—
chise herein granted shall begin at the effective
date hereof.
Adopted and approved this ;7.th day of Autupt,
1950.
Mayor
Authenticated:
7n::�a� 7-?_1 �-- � -
City Clerk
Councilman Tmoved that unanimous consent be
given for immediate consideration of and action on said
ordinance, which motion was seconded by Councilman4=�26
and upon the motion being put to vote the following vote
was recorded: Ayes: Mayor Klumpp and Councilmen Berglin,
Bradford, Brown, Overton and Steele; Nays: None. The
mayor thereupon declared that the motion for unanimous
consent for immediate consideration of and action on said
ordinance had been unanimously carried. Councilman
thereupon moved that the said ordinance be finall adopt ,
which motion was seconded by Councilman and
upon the motion being put to vote the followi vo a was
recorded: Ayes: Mayor Klumpp and Councilmen Berglin,
Bradford, Brown, Uverton and Steele; Nays: None. The
mayor thereupon announced that the motion for adoption
of said ordinance had been unanimously carried and he
thereupon signed the same in approval thereof.
Councilman Zintroduced the
following ordinance which was read to the meeting:
ORDINANCE NO.AD
AN ORDINANCE GRANTING SEVTR
FRANCHISE TO THE WATER VORKS
AND SEZJER BOARD OF THE CITY OF
FAIRHOPE, ITS SUCCESSORS AND
ASSIGNS
BE IT ORDAINED by the City Council of the
City of Fairhope, Alabama as follows:
(1) The words "the city" as used herein mean
the City of Fairhope in the State of Alabama as it
is now constituted and as it may hereafter be extended
or enlarged. The words "the board1t as used herein
mean The Water Works and Sewer Board of the City of
Fairhope, a public corporation organized under the
provisions of Title 37, Sections 394 to 402, inclusive,
of the Code of Alabama of 1940, as amended.
(2) There is hereby granted to the board the
right, privilege, authority and franchise to acquire,
own, maintain, construct, enlarge and operate in
the city a sanitary sewer system, together with the
right, privilege, authority and franchise to lay,
construct and maintain mains, laterals, sewers, and
related fixtures and appurtenances in, along, across,
and under the streets, avenues, alleys and other public
places of the city for the purpose of operating a
sanitary sewer system in the city, and to repair, renew,
relay and extend such mains, laterals, sewers, related
fixtures and appurtenances, and to make all excavations
necessary therefor.
(3) The board shall, and by accepting this
franchise agrees, that it will, upon making any
excavations of the streets, avenues,'alleys, public
ways and public places of the city, restore the
surface or paving at the point of such excavations
in substantially the same condition as before such
work was done, all as promptly as may be practicable
and within a reasonable length of time thereafter.
(4) The rights, privileges, franchise and
authority hereby granted may be exercised by the
board or any successors and assigns of the board,
all subject nevertheless to the conditions and
obligations herein contained.
(5) The rights, privileges, consent, and
franchise herein granted shall begin at the effective
date hereof.
Adopted and approved this 7th day of August,
1950.
&Iayor `
Authenticated:
City I Clerk
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Councilman moved that unanimous consent,
given for immed ate consideration of and action on said
9"�"ordinance, which motion was seconded by Councilman
and upon the motion being put to vote the following vote
was recorded: Ayes: Mayor Klumpp and Councilmen Berglin,
Bradford, Brown, Overton and Steele; Nays: None. The mayor
thereupon declared that the motion for unanimous consent for
immediate consideration of and action on said ordin ce had
been unanimously carried. Councilman
thereupon moved that the said ordinance be finally adopted,
which motion was seconded by Councilman and
upon the motion being put to vote the following vote was
recorded: Ayes: Mayor Klumpp and Councilmen Berglin, Bradford,
Brown, Overton and Steele; Nays: None. The mayor thereupon
announced that the motion for adoption of said ordinance had
been unanimously carried and he thereupon signed the same in
approval thereof.
Councilman introduced the following
resolution which was read o the meeting:
BE IT RESOLVED by the City Council of the
City of Fairhope, Alabama, that the mayor of the
city is hereby authorized and directed to execute
and deliver, in the name and in behalf of the city,
an agreement with The Merchants National Bank of
Mobile in.substantially the following form, to which
the city clerk is hereby authorized and directed to
affix and attest the seal of the city:
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TRUST AGRE 11 LENT be:t.rccn the CITY OF FAIRHOPE, a
municipal corporation under the laws of Alabama (herein called
lithe cityt'), and THE 14ERCHANTS NATIONAL BANK OF 11OBILE, a
national bc.nking corporation organized under acts of Congress
and authorized to administer trusts (herein called "the trustee'');
R E C I T A L S
The city has cont"-Mporc.ricously with the dclivcry of
this agrecLiunt transfcrred a.nd convcycd to The dater Works and
Sewer Board of the City of Fairhope, a public cor,)oration under
the laws of Ala,bE as (herein called "the board"), the crater ti:orks
and sanitary scirer system (herein called "the systei-ii't) of the
city. Th city has heretofore issued and tilcre; are now outstand-
ing its Water-, u-_,,ks . and Sewcrzge Systmii Revenue Bonds dated
July 1, 1934. numbered 51, 68 to 71, inclusive, and 74, together
aggregating 9'6,000 in principal amount (herein called "the city
bonds"), which are secured by a pledge: of revenues from the
system. Each of the city bonds is in the denoiination of .".l,000
and they mature in their nurrie:rical order in the following
aggregate principal amounts oft July 1 in the follo",rin; years:
v1,000 in 1953; ti4,000 in 1959; and Ipl.,000 in 1960. The city
bonds bear interest at the rate of 4% per an=a, payable se.,fll
annually on January-1 and July 1 in each year as evidenced by
separate interest coul)ons thereto attached. All interest riatur-
ing on the city bonds on July 1,1950, and prior thereto has been
paid. The city bonds are not subject to rede. ption prior to
their respective maturities, and the principal thereof and the
interest thereon are payable at the office of the city treasurer
of the city.
Pursuant to the applicable provisions of the statute
of Alabama under which the city was authorized to transfer and
convey and did transfer and convey the system to the board,
the board paid to the city at the time of such transfer <nd
conveyance an amount of honey sufficient to provide funds to
retire the city bonds and other bonds of the sarae issue which
have been retired si..iultaneously with the execution of this
agreement. As an inducement -to the acquisition of title to the
system by the board, and in order to enable the board to effect
the sale of its Mortgage Z-later and Sewer Revenue Bonds dated
July 1, 1950 (herein called "the board bonds"), and as an induce-
ment to the purchase of the board bonds from the board by the
purchaser thereof, the city has agreed with the board and with
the purchaser of the board bonds that the city will deposit with
the trustee, on the trust and condi pions hereinafter set out,
so :ouch of the moneys paid to the city by the board as may be
necessary to pay at their respective :;iaturities the principal of
and the interest on the city bonds. To that end the city has
conte.anoraneously with the delivery hereof deposited with the
trustee the sum of $920.87 in cash and N6,000 principal arlount
of bonds issued by the United States of America (herein called
"the United States Bonds") and has caused the United States bonds
to be registered both as to principal end interest in the neme
of the trustee, as trustee hereunder. The United States bonds
consist of the following:
One United States Treasury Bond (herein called
"the treasury bond") in the principal amount of ";=1,000
due December 15, 1954, bearing interest at- the rate
of 2% per rnnuri payable semi-annually on June 15 and
December 15, with the option reserved by the United
States of calling the sane for redemption at -Oar and
accrued interest on December 15, 1952; and
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�`,5000 principal, amount-, of United States Saving
Bonus, series G, dated July 1, 1950, due July 1, 1962,
and bearing interest at the rate of 2`% per annum,
payable se:,ii-annually on January 1 and July 1.
The said sum of �920.87 in cash and the United States bonds,
together with the income therefrom and the proceeds thereof, are
herein together sometimes called tithe trust funds'. The pexties
have entered into this agreement in -order to set .forth the terms
under which the trust fund shall be handled by the trustee.
NOW, WHEREFORE, THIS AGREFLIENT i:ITNESSTH:
In consideration of the premises and the respective
agreements of the parties herein contained, it is hereby agreed
by and between them as follows:
Section 1. The trustee is hereby authorized and
directed to hold the trust fund in trust and to apply the same
solely for the following aurposes and in the following ;:aznner:
(a) "'he trustee shall receive all remittances
which may from time to time may be paid or remitted
to it with respect to the United States bonds.
(b) The trustee shall ..,lake available out of the
trust fund, at the place at which the city bonds are
payable, on January 1, 1951 and on eachsuccessive July
1 and J.�.nua ry 1 thereafter until and including July 1,
1960 amounts sufficient to nay on said respective dates
the principal and interest which will respectively
mature on said dates with res-pect to the city bonds
which May at the time be outstanding.
(c) The trustee shall from the to time sell
or otherwise convert into cash so many, cnd only so
many, of the United States bonds as shall produce
funds sufficient, when added to the cash at the time
forming a part of the trust fund, to pay at their
respective maturities the principal of and the inter-
est on t-he city bonds; provided, however, that the
treasury bond shall be the first -of the United States
bonds to be sold or so converted into cash; and pro-
vided, further, that none of the United States bonds
shall be converted into cash by the trustee ?prior to
the maturity date of the principal of and interest on
the city bonds for payment of which such conversion
shall be made.
Section 2. 11hen any of the city bonds and any interest
coupons applicable thereto are paid, they shall thereupon be
cancelled by perforation and shall not again be issued or refund-
ed.
Section 3. Any moneys which may remain in the trust
fund after retirement of all of the city bonds shall be forthwith
returned by the trustee to the city.
Section 4. Upon payment or application of ::Moneys by
the trustee in the manner herein provided, the trustee shall
thereupon stand discharged of all further liability with respect
to the moneys so paid or applied by it.
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Section 5. The city agrees that all moneys made avail-
able by the trustee, pursuant to the provisions hereof, for pay-
ment of the principal of and the interest on the city bonds shall
be deemed trust funds which can be applied only for payment of
said principal and interest at or after their respective maturi-
ties.
Section 6. The city will pay to the trustee, annually
upon receipt of statement therefor, the customary fee of the
trustee for administering the trust fund, and will further re-
imburse the trustee, promptly upon receipt of statement therefor,
for all reasonably necessary expenses incurred by the trustee
in the performance of its duties hereunder.
Section 7. The trustee acknowledges receipt of the
United States bonds and the cash deposited herewith, and agrees
to hold, handle and dispose of the trust fund in the manner
herein provided.
Section 8. The term "trustee" herein used shall be
construed to include not only the bank herein named but also its
successors and any bank or trust company resulting from any
merger or consolidation to which the bank herein named or its
successors may be a party.
Section 9. This agreement is made for the benefit
of the board, the holders at any time of any of the city bonds,
and the holders at any time of any of the board bonds.
IN WITNESS WHEREOF, the parties have caused this agree-
ment to be executed in four counterparts, each of which shall be
deemed an original, and their respective corporate seals to be
hereto affixed and attested, all by their duly authorized officers,
on August ,�, 1950, and have caused this agreement to be
dated the.lst day of July, 1950.
CITY OF FAIRHOPE
-ts- ayor
ATTEST:
City Clerk
THE MERCHANTS NATIONAL BANK OF
MOBILE
By
ATTEST:
Its
Its
Councilman moved that unanimous consent be
given for immediate consideration of and action n said resolu-
tion, which motion was seconded by Councilman , and
upon the motion being put to vote the following vo a was recorded:
Ayes: Mayor Klumpp and Councilmen Berglin, Bradford, Brown,
Overton and Steele; Nays: None. The mayor thereupon declared
that the motion for unanimous consent for immediate considera-
tion of and action on d resolution had been unanimously
carried. Councilman hereupon moved that the
said resolution e finally a opte , which motion was seconded
by Councilman and upon the motion being put to
vote the following vote was recorded: Ayes: Mayor Klumpp and
Councilmen Berglin, Bradford, Brown, Overton and Steele; Nays:
None. The mayor thereupon announced that the motion for adoption
of said resolution had been unanimously carried and he thereupon
signed the same in approval thereof.
Councilman Ly__,'�Wntroduced the following
resolution:
BE IT RESOLVED that Ordinances Nos.�1 U'% 2
and , all of which were heretofore d-5 —ed at this
meeting, shall be published one time in the Fairhope
Courier,la newspaper published and having general circula-
tion in the city; and the city clerk is hereby directed
to cause such publication to be made.
Uouncilman0'alo'c"oved that the foregoing re olution be
adopted, which motion was seconded by Councilman
and upon the same being put to vote, the following voted in
favor of said motion: Mayor Klumpp and Councilmen Berglin,
Bradford, Brown, Overton and Steels; and the following voted
against the adoption thereof: None. The mayor thereupon
announced that the motion for adoption of said resolution had
been unanimously carried.
On motion by Councilman Berglin seconded by Council-
man Brown the following bills were approved for
payment:
May Supply Co.
114.10
McKean Paint & Hardware
1.08
Ruffles Co.
1.15
Wittichen Chemical Co.
101.25
American Cast Iron Pipe Co.
19.26
Standard Equipment Co.
114.73
The Trader
5.65
Ponder Co.
51.09
Fairhope Hardware & Supply
3.54
Ruge Service Station
2.00
Western Auto Store
14.45
Poser Printing Co.
20.20
0. Forster & Sons
15.25
Ward Service Station
1.75
Carl L. Bloxham, Agency
63.03
Line Material Company Elect.
734.90
Matthews Electric Supply
609.03
Lighting Fixture & Elect. Supply
336.12
Wilmer Paint & Hardware
3.38
Riviera Utilities
4139.25
Riviera Utilities
858.44
D. C. Posey
50.27
Ace Auto Service
7.55
Moore -Handley Hdwe,
91.36
Ruge Service Station
4.60
Western Auto Store
6.26
Poser Printing Co.
20.20
0. Forster & Sons
25.75
Carl L. Bloxham Agency
118.32
Gaston Moroe Co.
6.36
Riviera Utilities
44
Fairhope Hardware & Supply Gen,
21.86
Western Auto Store
28.14
0. Forster & Sons
121.69
Ward Service Station
4.50
Carl L. Bloxham Agency
305.51
Gaston Motor Co.
26.02
Fuel Oil Supply Co.
35.00
N. 0. Paint & Color Co.
7.72
Ala, News Magazine
3.50
Walter Kidde Sales & Service
3.50
M.J. Jansen Lumber Co.
34.00
Burford-Toothaker Tractor Co.
20.29
Radcliff Gravel Co.
36.00
Scott -Luttrell Truck & Tractor
5.57
Stanton Stationery Co.
24.28
Fairhope Upholstery Co.
28.00
Cummins Radio & TV Co.
•20.00
A-G Service Station
3.00
Riviera Utilities
2. 3
Burrough s
3.63
McKean Paint & Hdwe.
26.35
American City Magazine
4.00
Blackmon Real Est. & Ins.
38.56
Motor Clinic
75
B. F. Young
6.00
Burrough's
14.05
Pay Roll for Month of July, 1950
T. J. Klunpp, Mayor
$100,00
C. B. Niemeyer
400.00
Marie Moore
225.00
Miller Patterson Jr.
125,00
Floyd Phillips
210.00
E. E. Newell
185.00
Rea Downey
185.00
L., A. Funk
125.00
J. P. Bailey
220.00
Raymond Stapleton
220.00
Marvin Nicjaols
215,00
Earl Howes
190.00
H. W. Odom
190,00
George Dyson
300.00
W. C. Beebe
50.00
E. G. Rickarby Jr.
50.00
Council Fees
50,00
Streets:
1,879.15
Water & Sewer
570.60
Electric
648.25
Donations:
Public School
17.99
White Way.Lights
30,41
Commings Hall
3.38
Clinic
2.55
Arts & Craft Bldg.
.83
Organic School
30.81
Wharf Lights
25.27
Red Cross Bldg.
2.58
Country Club
2.08
Motion by Councilman Berglin seconded by Councilman
Brown that the application of Mr. Bailt,to build on
Lot 1, Block 14, Magnolia Beach be approved as per
sketch on file. Motion carried.
Motion by Councilman Overton seconded by Councilman
Bradford that the following Resolution be adopted:
WHEREAS CARL L. BLORHAM, PAUL A. FREDERICKS and
MARY E. PITMAN BERGLIN had_asked the Fairhope municipality
to open a street on the following described property,
to wit:
A One Hundred (100) foot strip throughtoBlock
"E" of Volanta sub -division to the Town of
Fairhope Baldwin County, Alabama, said One
Hundred ?100) foot strip to be a continuation
of Grand Avenue as now is through to Mobile
Bay
And WHEREAS the Fairhope municipality has not yet opened
said street, and does not intend to, and
WHEREAS all these parties are the owners of the land
abutting on the described property and desire that this
property be vacated as a street, and as evidence of their
desire have witzEd signed a declaration to that effect. Now
THEREFORE, BE IT RESOLVED, the City of Fairhope assents
to the vacation of that portion of the above described
roadway.
Done this the bit 7th day of August, 1950,
1'
Motion by Councilman Bradford seconded by Councilman
Brown that the Electric Department sell the Water
and Sewerage System Revenuer Bond No. 72,.dated July
19 1934 Due July 1, 1960 to Watkins Morrow and Co.
for $l J44.24 plus accrued interest. Motion carried.
Councilman Overton introduced the following ordinance which
was read to the meeting:
ORDINANCE # 210
AN ORDINANCE TO REQUIRE CERTAIN
PROPERTY OWNERS OR USEkS TO CONNECT
WATER CLOSETS, SINKS AND WASTE
PIPES WITH SANITARY.SEWERS AND TO
PROHIBIT.THE USE OF TOILET OR
PRIVIES NOT CONNECTED WITH SANITARY
SEWERS, IN THE CITY OF FAIRHOPE,
ALABAMA
BE IT ORDAINED by.the City Council of the City of
Fairhope, Alabam*, as follows :
SECTION 1. It shall be the duty of every person
firm or corporation who owns any lot or parcel of land or
who has in possession or under control or uses such lot of
parcel of land, which abuts on any street or alley in the
City of Fairhope, Alabama, under which is located a sani.
tary sewer line, to connect with said sewer line all water
closets, sinks or waste pipes that are located on said lot
or parcel of land, and all such persons, firms or corpora-
tions are hereby forbidden and prohibited from construct-
ing, maintaining, using or allowing on such lot or parcel
of land any toilet or privy that is not connadted with sani-
tary sewer line; provided, however, that the provisions of
this section shall not apply to any lot or parcel of land
which is so located that pipes cannot be eonst:Oucted which
will permit sewn ge to be carried by gravity into the sani-
tary sewer line located unde$ the abutting street or alley.
SECTION 2. It shall further be the duty of.
every person, firm or corporation who is by this ordinance
required to connect with sanitary sewer line to first ob-
tain from the City Clerk a permit to make said connection,
and all such connections shall be made with brass, copper
or lead materials, -and all such connections shall be made
under the supervision and approval of the City Inspector.
SECTION 3. Any and all ordinance in conflict
with this ordinance are hereby repealed and any person,
firm or corporation who violates any of the provisions
of this ordinance shall be guilty of an offense against
the City of Fairhope, Alabama and who upon conviction
and amy also be sentenced.to Imprisonment in the City Jail
or to hard labor for the City for not more than six (6)
months, at the discretion of the Mayor.
SECTION 4. This ordinance shall become effective
upon its passage and publication as required by law.
Adopted and approved this 7th day of August, 1950.
Mayor `
Attest 7�
Clerk
Councilman Brown moved that unanimous consent be i
given for immediate consideration of an action on said
ordinance, which motion being seconded by Councilman
Berglin and upon the motion being put to vote the
following vote was recorded: Ayes: Mayor Uumpp, Council-
men Berglin, Bradford, Brown, Overton and Steele; Nays:
None. The mayor thereupon declared the motion for unan-
imous consent for immediate consideration of and action on
said ordinance has been unanimously carried. Councilman
Bradford thereupon moved that the said ordinance be finally
adopted, which motion was seconded by Councilman Overton,
and upon the motion being put to vote the following vote
was recorded: Ayes: Mayor Klumpp and Councilman
Berglin, Bradford, Brown, Overton and Steele. Nays: None.
The mayor thereupon announced that the motion for adoption
of said ordinance had been unanimously carried and he:
thereupon signed the same in approval thereof•
A discussion was had on the Police Department but
no action taken.
Motion by Councilman Berglin seconded by Council-
man Brown that the meeting adjourn. Motion carrid.
Attest ,
Clerk
J. D. SELLARS, Mayor
B. F. KUCERA, Marshal
FLORENCE M. HIGGINS, Clerk WALTE MOND, Chairman of Board
H. H. 1 Y, Fire Chief
OFFICERS & COUNCILMENt
J. D. SELLARS, Mayor
W. L. WINGO,
Supt. Sewerage Dept.
MICHAEL W. BALDWIN,
Supt. Waterworks Dept.
TOWN OF ROBERTSDALE
Robertsdale, Alabama
City of rairhope
Fairhope, Alabama
Gentlemen:
OFFICERS 6 COUNCILMEN:
WALTER W. HAMMOND,
Supt. Streets; Highways and Parks
W. W. FAULK, Supt. Sanitation
ERNEST A. CLARK,
License 6 Building Inspector
Robertsdale, Alabama
July 20, 1950
By resolution of the Town Council of the Town of Roberts-
dale of July 19th, I am directed to offer you $3,000.00 for three
333 KVA transformers now owned by you,'upon delivery to ioberts-
dale Sub -station in Robertsdale, the purchase money to be paid
`500.00 upon delivery to Rohertsdale Sub -station, and 500.00
each 30 days thereafter until the total of �13,000.00 is paid in
fall; the City of Fairhope to guarantee, for a period of l month,
these transformers to be in good working condition in all respects
as if the same were new.
Yours very truly,
Yay(
Ll Ile
0`