HomeMy WebLinkAbout10-09-1950 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope met in regular
session at the City Hall, Monday, October 9, 1950 with
the following members present: Mayor T.J.Klumpp, City
Superintendent C. B. Niemeyer, Councilmen: M. 0. Berglin,
J. T. Bradford, R.H. Brown, E. B. Overton and Ira Steele.
The minutes of the previous regular meeting were read and
approved as read.
On motion by Councilman Steele seconded by Councilman
Overton the following bills were read and approved for
payment:
General Fund:
Stanton Stationery Co.
7.33
Western Auto Store
20.74
Fairhope Hardware and Supply Co.
17.46
American Bitufu.ls Co.
30.60
Ray*Brooks Machinery Co.
16.99
Radcliff Gravel Co.
84.00
Busy Bee Garage
1.75
Ward Service Station
2.35
Fairhope Courier
6.65
Western Woodworking Products
158.61
McKean Paint and Hardware
16.26
Melton's Garage
7.66
Central Restaurant
16.75
Fairhope Clay Products
10.00
Riviera Utilities
2.33
Bagby Paint Store
3.47
Carl L. Bloxham Agency
15.00
Gaston Motor Co.
36.95
W. R. Stuart, Probate Judge
14.0
Fuel Oil Supply Co.
28.25
The Trader
3.75
Nelson Radio and Supply Co.
.39.24
Fairhope Ice and Creamery Co.
22.44
Hardware Mutuals
398.87
0. Forster and Sons
123.00
M. J. Jansen Lumber Co.
73•.00
Mac's Market
20.28
Eastern Shore Machine Shop
3.25
Electric Fund:
Western Auto Store
10.49
Fairhope Hardware and Supply
16.69
Gaston Motor Co.
1.75
Wilmer's Paint & Hardware
1.89
George M. Meriwether
7.54
Carl L. Bloxham Agency
27.74
H. R. Hall and Co.
14.40
Edwin L. Wiegand Co.
4.53
Riviera Utilities
41326.88
Lighting Fixture and Elect. Supply
119.91
Ruffles Co., Inc.
6.95
Moore -Handley Hardware
264.02
Matthews Electric Supply Co.
584.41
Ala. Wood Preserving Co.
316.70
D. C. Posey
11.00
Ruge's Service Station
15.30
Hardware - Mutuals
127.E 26
0. Forster and Sons
41.30
Eastern Shore Machine Shop
10.25
Pay Roll for Month of September:
T.J. Klumpp, Mayor
100.00
C. B. Niemeyer, City
Superintendent
400.00
Marie Moore
225.00
Miller Patterson Jr.
150.00
Floyd Phillips
210.00
E. E. Newell
185.00
Rex Downey
185.00
L. A. Funk
125.00
J. P. Bailey
220.00
Raymond Stapleton
220.00
Marvin Nichols
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
45.00
Streets
19773.16
Water and Sewer:
547.70
Electric
702.53
Donations:
Public School
Electric
26.79
W & S
12.20
White Way Lights
38.53
Commings Hall
Electric
2.55
W & S
4.75
Clinic Bldg.
W & S
4.75
Arts & Craft Bldg.
Electric
1:67
Organic School
Electric
16.33
W & S
11.70
Wharf Lights
Red Cross Bldg.
Electric
W & S.
Country Club
Electric
.83
Water
1.25
Motion by Councilman Brown seconded by Councilman Steele
that the Mayor and City Superintendent be authorized to
meet with Mr. Tuveson and Mr. Bain in regard to opening
road between their land. Motion carried.
The following Ordinance was -introduced by Councilman
Bradford:
ORDINANCE # 211
REGULATION OF TAXICABS
SECTION 1. Definitions.
(a) Taxicabs. All automobile and other vehicles of like
construction and operation employed in the transportation of
passengers for hire within the City of Fairhopet Alabama,
or the police jurisdiction thereof.
(b) Parking. The standing of taxicabs, motor driven or
propelled in any manner, longer than may be necessary to
receive or discharge passengers whom the driver of such
taxicab had been engaged to transport.
SECTION 2. Permits Required for Operators.
Every person driving or operating a taxicab in said City or
within the police jurisdiction thereof must procure from
the City Clerk a permit to operate such taxicab.
SECTION 3. Rules and Regulations Governing the Issuance of
Permits.
(a) No person shall be granted a permit to operate a taxi-
cab unless he has reached his nineteenth (19) birthday
and has the free use of both hands and feet.
(b) No applicant shall be granted a permit to operate•a
taxicab who has not hadat least six months experience in
operating automobiles.
(c) No applicant shall be granted a permit to operate a
taxicab who is not familiar with the provisions of this
code governing the use and operation of automobiles on the
streets of said City.
(d) No person shall be granted a permit to operate a taxi-
,lo
cab except upon written application therefornthe City Clerk
which shall be in such form as to require the applicant to
give all the information required by this ordinance and such
application shall be sworn to by the applicant and endorsed
by three reputable responsible citizens of said City, one of
whom shall be the Chief of Police of said City who shall
certify that the applicant is.a person of good character,
sober, and not of a reckless disposition.
(e) The City Clerk shall keep on file the applicatio n which
shall show in addition"to other information called for in
this ordinance, the name, age and address of all persons
issued permits as taxicab drivers.
(f) A permit shall not be issued to operate a taxicab to
any person who within the preceding twelve months has
been convicted of wreckless driving or of public drunkeness.
(g) Should the City Clerk fail or refuse to issue,a permit
to any person under the provisions of this ordinance the
applicant for such permit may appeal to the City Council
and upon hearing if the City Council is satisfied of the
fitness of the applicant under the provisions of this
ordinance to operate a taxicab, the City Council may direct
the Clerk to issue a permit to the applicant.
(h) Every application shall be accompanied by a fee of
Two Dollars to cover the cost incident to the issuance of
such permit, and if the application is not granted the
Two Dollars so paid shall be refunded to the applicant upon
demand.
SECTION 4. Insurance.
No person shall operate a taxicab in siad City without the same
being covered by a public liability insurance policy issued
by a solvent insurance company authorized to write automobile
liability insurance in the State of Alabama, protecting
passengers, pedestrians, and other persons against injury
subject to the following minimum limits.
For all damges arising out of a bodily injury to one person,
$5,000.00, and subject to that limit for each person, the
total liability on account of one accident shall be limited
to $101000.00. It shall not be required that such coverage
shall apply to the assured's employee while engaged in
operating or being carried in any of the assured's taxicabs
or other employee of the assured, who are injured while engaged
at the time of such injury in performing any duties for the
assured in connection with the trade, business or occupation
of the assured.
For all property damage in one accident, $57000.00 ex-
cept property of the assured or property in the custody of
the assured for which assured is legally responsible. Said
policy shall include endorsement to the effect that said
policy shall not'be cancelled without notice of cancellation
being served upon the City Clerk at least ten days prior to
the date of cancellation. Said policy shall be filed with
the City Clerk, and shall remain on file with said City Clerk.
The Clerk shall not issue any taxicab permit under this ord-
inance unless the applicant or the owner of the taxicab
a
shall first file with said City Clerk an insurance policy
as herein specified. In the event the said insurance policy
should expire or•be cancelled the permit to operate the
taxicab covered by said insurance policy shall immediately
be cancelled and become null and void and it shall be un-
lawful for any person to operate such taxicab after the
4
w expiration or cancellation of such insurance policy.
SECTION 5. Permit to beinn Addition to Business License.
Required of Taxicab Owners, or Operators.
The permit provided for by this Ordinance shall be separate
and distinct and in addition to the business license required
by said City for the operation of taxicabs in said City.
SECTION 6. Period Cabs Permitted to Park; Stands.
No taxicab shall be permitted to park or stand on any street,
alley or other public place in said city at any hour of the
day or night for a longer period of time than is actuallja
necessary to receive or discharge passengers; provided,
however, that the city council may designate stands for
such taxicabs at such places as they may see fit.
SECTION 7. 'White and colored passengers not to be carried
in same Cab.
White and colored passengers shall not be carried at the same
time in any taxicab in said city, provided, however, that
this provision shall not apply to colored nurses or other
servants when accompanied by their employer.
SECTION 8. Prior to the issuance of a permit each taxicab
must be -inspected and approved by either the State Highway
Patrolman assigned to this area or by the Chief of Police
of said city, and such subsequent inspections as these officers
may deem necessary.
SECTION 9. When ever any person who is the operator of a
taxicab within the City is convicted for operating such
taxicab while in an intoxicated condition it shall be with-
in the discretion of the Mayor or other person trying the
case to direct that the City permit under which such person
is operating such taxicab, shall be (evoked, and if such
operator be the owner of such taxicab siad Mayor.or person
trying the case in his discretion may direct that the city
license under which taxicab is operating shall be revoked.
Upon direction of said Mayor or person trying the case that
said permit or license of any person operating a taxicab
in said City shall be revoked, it shall -be the duty of the
City Clerk to revoke such permit or license; and thereafter
if such person should continue to operate such taxicab he
shall be guilty of a misdemeanor, and shall be fined not
less than $5.00 or more than $100,00
SECTION 10. Penalties.
(a) Fine and Imprisonment. Any driver or -owner of a taxi-
cab who shall fail to comply with any,provision of this
ordinance, or who shall violate any provision of this
ordinance, shall be guilty of a misdemeanor, and upon
. conviction shall be fined not less than $5.00 nor more
than $100,00 for each violation and may in addition thereto
be sentenced to hard labor for said city for a period of
.not more than six months.
(b) Suspension from operating of taxicabs; revocation of
permit.
Any person or owner of a taxicab who shall fail to comply
with any provision of this ordinance or who shall violate
any provision of this ordinance, upon conviction, in,add-
ition to the fine and imprisonment provided for in para-
graph 'a' of this section; for the second offense t1a__Aa�
Gwent=�provid-ed--f`or-inspar-agr,aph.
r
k'-nf�►iG--aeethall be
suspended
from
the
operation
of the taxicab for a period of
ten days;
for
the
third
offense, in addition to the fine and imprisonment provided
for -in paragraph 'a' of this section, shall be suspended from
q
the operation of a taxicab for sixty days; and for a fourth
offense, in addition to the fine and imprisonment provided
for in paragraph 'a' of this section the permit to operate
a taxicab held by such driver or owner shall be revoked.
SECTION 11. All ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 12. If any section, clause, provision or portion of
this ordinance shall be held to be invalid or unconstitutio-
nal in a court of competent jurisdiction, such ho&ding shall
not affect any other section, clause, provision or portion
of this ordinance, which is not in itself and of itself
invalid or unconstitutional.
4
Councilman Steele moved that the rules be suspended and
unanimous consent be given for immediate consideration
of and action on said ordinance, which motion was seconded
by Councilman Berglin, and upon the motion being put to vote
the following vote was recorded: Yeas: 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 Bradford thereupon moved that the said
ordinance be finally adopted, which motion was seconded by
Councilman Brown, and upon said motion being put to
vote the following vote was recorded: Yeas; Mayor Klumpp,
Councilmen Berglin, Bradford, Brown, Overton and Steele;
Nays: None. The mayor then announced that the motion
for adoption of said ordinance had been unanimously carried
and he thereupon signed the same in approval thereof.
Motion by Councilman Berglin seconded by Councilman Brown
the following resolution on roll call was unanimously adopted.
Voting Aye:'Mayor Klumpp, Councilmen M. 01. Berglin, J., T.
Bradford, R.H.. Brown, E. B. Overton and Ira Steele, Voting
Nay, None.
BE IT RESOLVED that Marie Moore be and she is designated to
make up the assessment roll of all property and subjects
of taxation in the (City of Fairhope, for the taxes to be-
come due December 1, 1950. Resolution adopted by the
Council.
Motion by Councilman Overton seconded by Councilman Brown
that the following resolution be adopted.
BE IT RESOLVED BY THE CITY COUNCIL of the City of Fairhope,
there be and is hereby levied for general purposes, for the
year 1950, a tax of one-half on one percentum of the value
of all property and subject to taxation as assessed for
State Taxation during the preceeding year in the City of
Fairhope.
BE I.T FURTHER RESOLVED that there be and is hereby levied
for the year 1950 for the purpose of acquiring, installing
and maintaining s�reet lights and firefighting equipment,
and for the purpose of constructing, acquiring, maintaining
and improving public property, sewers and disposal plants,
a special tax of one-half of one percentum of the value of
all property and subjects of taxation in the City of
Fairhope as assessed for State taxation during the preceeding
year, as authorized by -the result of election held Slepter9ber 3,
1946. WHEREAS, under Amendment number VIII, Municipal Tax
Amendment to the Constitution of the State of Alabama,
the City of Fairhope is authorized and empowered to levy
and collect an additional tax of one-half of one percentum on
the taxable properties and subjects of taxation in the City
of Fairhope for the purpose of paying the principal of
bonds and interest thereon; and
WHEREAS the City of Fairhope has outstanding bonds in the \
sum of 481,000.00 and it is necessary and proper and to the
interest of the citizenry of the City of Fairhope that such
I ax be levied for such purposes;
11
NOW THEREFORE, be it resolved that there be and is hereby
levied and shall be collected for the municipal tax year
commencing October 1 1950, a tax of one-half on one per
centum on all properties and subject of taxation within
the City of Fairhope for the purpose df paying the principal
of outstanding bonds of the City of Fairhope and interest
thereon;
BE IT FURTHER RESOLVED that the proceeds of such tax when
collected shall be kept separate and apart from other taxes
of the City of Fairhope and shall be used exclusively for
the payment of the principal of the outstanding bonds of
the City of Fairhope and interest thereon when and as the
same shall become due.
`Resolution unanimously adopted.
Motion by Councilman Berglin seconded by Councilman
Overton that the meeting adjourn. Motion carried.
Approved � �--
Mayor
Attest: _
City Clerk