HomeMy WebLinkAbout05-24-1954 Regular MeetingSTATE OF ALABAMA
County of Baldwin
The City Council of the City of Fairhope met in regular session
at the City Hall, Monday, May 24, 1954 with the following
members present: Mayor Z. B. Overton City manager C. B. Niemeyer,
Councilmen: M. 0. Berglin, L. E. Blatchford, R. C. Macon and
J. D. Mason.
The minutes of the previous regular meeting were read and approved
as read.
A letter from the Fairhope Single Tax Corporation regarding
drainage on Bancroft Street was read to the Council. No action
taken.
Motion by Councilman Macon seconded by Councilman Blatchford
that the following Resolution be adopted:
RESOLUTION
WHEREAS, a proposal was submitted to the U. S. Bureau of
Roads last year to extend Federal Highway 98 from rensacola,
Florida, to Natchez, Mississippi, and
WHEREAS, the proposed extension of said Highway would
utilise State Highways 89 and 104 in Baldwin County, passing
through Lillian, Elberta, Foley, Magnolia Springs Point Clear,
Battles, Fairhope and Daphne; and U.S. 90 across the Cochrane
Bridge Causeway, over Mobile Bay; and State Highway 42 through Mobile
and Mobile County, and
WHEREAS, the proposed extension of said Highway from Pensacola
to Natchez would be of great benefit to the State of Alabama, as a
whole and to South Alabama in particular by: (1) opening new
terriory for commercial development; (2) Attracting and increasing
the flow of tourist traffic through Alabama, and (3) relieving U. S.
90 of part of its excessively heavy burden of traffic in Baldwin
County, Alabama, by providing an alternate Federal Highway to
Florida, thereby contributing to highway safety,
NOW, THEREFORE, BE IT RESOLVED:
1. That the Fairhope City Council in regular session this date
assembled, does hereby go on record as unanimously approving the
proposed extension of U. S. 98 from Pensacola to Natchez, following
the routing as outlined above.
2. That State Highway Director Guerry Pruett be commended
for his efforts to have these highways adopted as a Federal Highway,
and that he be respectfully urged to continue and intensify them
insofar as possible.
3. That the members of Alabama's delegation to Congress be
respectfully petitioned by the City Council of Fairhope, Alabama, to
use their most strenuous efforts to have the U. S. Bureau of Roads
approve this project.
4. BE 1T FURTHER RESOLVED that copies of this resolution, with
an appropriate letter from Mayor Ed Overton be forwarded to Mr. Pruett
and to individual members of Alabama's delegation to Congress.
Resolution unanimously carried by votes of Councilmen Berglin,
Blatchford, Macon and Mason, this the 24 th day of May, 1954.
Councilman Berglin introduced the following Ordinance which motion
was seconded by Councilman Blatchford. Ordinance to be known as
Fire Zone Ordinance # 228. The same being an Ordinance of permanent
operation apt was carried over for consideration at the regular meet-
ing of the Council on dune 289 1954.
ORD1uANCS # 228
AN ORDINANCE TO AMEND Section 54, page 40 of the minutes
of the City of-Fairhope of October 23, 1916 to October 27, 1919,
both inclusive, -relating to fire zone within the City of Fairhope:
BE IT ORDAINED by the City Council of the City of Fairhope
that Section 54 page.40 of the minutes of the City of Fairhope of
October 23, 1916 to October 27, 1919, both inclusive, be and the
same is hereby amended to read as follows. -
Section 1: No building shall be erected, moved, remodeled
or improved on any lot within the fire zone of the City of Fairhope
as fixed, determined, designated and described in this ordinance,
except the same be construetbd-'of fire proof material such as brick,
stone, hollowtile, concrete or metal, with roofs of fire proof
material, and to otherwise fully and completely comply with Fire
Prevention Code adopted by the City Council of the City of Fairhope
October 25, 1952; provided, however, that one-third of repairs to
a frame building within the said fire zone may be made of the same
material in any one calendar year;
And there is hereby fixed, determined, designated and
described a fire zone within the C t dcom i� A Aid
v
those certain streets and avenues as o w .
Section street from Fels Avenue North to City Limits.
Bancroft Street from.Morphy Avenue to Magnolia -Avenue.
School Street from Fairhope Avenue to Magnolia Avenue.
Church Street from Morphy Avenue to Magnolia Avenue.
Summit Street from St. James Street to Fairhope Avenue.
Magnolia Avenue from Church Street to School Street.
Fairhope Avenue from Bayview to Mershon Street.
St. James Street from Summit to Church.
S,ect16n 2: Any person desiring to erect a building, or remodel
or more or improve the same within the limits aforesaid, shall first
obtain leave from the Council by a written application containing a
description of the proposed building and a copy of the plans there-
of; nor shall such erection, remodeling, or moving, or improving
be commenced until said petition shall have been passed upon favor-
ably, and plans approved by the City Council. The work of construct-
ing, remodeling, moving and improving said building in accordance
with said plans shall proceed under the supervision of the building
inspector of the City of Fairhope, and shall be in all respects 'in
accordance with the plans.and specifications submitted and passed
upon.
Section 3: Any person proceeding to erect or improve, re-
model or move any building without obtaining permission from the
City Council as aforesaid, or continuing to construct, remodel,
improve or move same in a manner not in accordance with the plans
and specifications submitted with the application after his attention
has been called in writing to such variation by the building inspect-
or, shall be liable to a fine of not exceeding five dollars for each
day that said work is continued, or the orders of said building
inspector disobeyed, and any building erected, remodeled, improved
or moved contrary to the provisions of this ordinance may be demolish-
ed and the expense thereof charged to the owner of the same.
Section 4: This ordinance may be designated and referred
to as Fire Zone Ordinance of May, 1954.
The following letter from Mr. Lawrence K. Andrews, Legal Counsel
for the Alabama League of Municipalities was read to the Councils
To: Honorable C. B. Niemeyer, City Manager, Fairhope, Alabama
Dates May 20, 1954
Subjects Garbage - Fees
You inquire whether your ordinance No. 226 levying a license fee
or charge for the disposal of garbage, trash or refuse is legal.
This ordinance levies a small fee for the service to be rendered
by the City in removing garbage, trash and refuse from the premises,
both private and public, of the citizens of Fairhope* it is, in our
opinion, a lawful ordinance and may be enforced in any of our State
Courts.
The authority for the enactment of such an ordinance by a
municipality is found in the Alabama Code of 19409Title 37, Section
4969 as amended. This section provides as follows:
"All cities and towns of this state shall have the power
to establish and maintain crematories for the destruction
of garbage and like substances, or to otherwise dispose
of garbage, either within or without the city limits, and
to haul or cause to be hauled to such crematories, or other
places of disposal, trash and garbage of all kinds, and
cause the destruction of the same, in such manner as may be
deemed expedient by the proper municipal authorities, and to
fix and collect such reasonable fee as may be necessary to
carry out the provisions of this section."
The collection of trash and garbage by a city is an exercise of the %L
police power in the performance of which the municipality is engaged
in a governmental function. It is performed for the protection of
the general public and it is for their safety and health. The fact
that a fee is charged for the service rendered does not in any way
alter the fact that the city is engaging in a governmental function, )d
and the fact that a fee is charged does not in any way affect the
validity of an ordinance as a valid exercise of the police power.
In the case of Ivory at al v . City of Montgomery, 51 So.2d 559,
the Court of Appeals of Alabama, in considering an ordinance of
the City of Montgomery levying a license fee in the same manner as
your ordinance Noe 226, held that the collection of garbage by a
municipality was a governmental function though the city levied a
service charge as authorized by Section 496, of Title 37, of the
Alabama Code of 1940.
In conclusion, permit us to say that we are of the opinion that
your ordinance No. 226 is valid in all respects and that it may be
dnforced not only in your municipal court but in any appellate
court available to the citizens of Fairhope.
S/ Lawrence K. Andrews
Legal Counsel
Motion by Councilman mason seconded by Councilman Blatchford that
the City offer for sale at a figure recommended by our Electric
Engineer, three (3) substation transformers, two(2) oil circuit
breakers and twelve (12) disconnect switches which will be idle
when the new station is energized within a few months, motion carried.
Mr. Stephen Riggs met with the Council with a request to install
a 4 1/2 X 7 1/2 sign for the Beach Theatre at the new fill.
Motion by Councilman Mason seconded by Councilman Macon that the
following Ordinance be adopted. lotion carried.
ORDINANCE # 229
WHEREAS, the City of Fairhope finds it necessary and proper
to make improvements, betterments, and extensions of and to it's
municipal electric distribution system, and it has determined and
does hereby declare that it 1s necessary and proper to borrow
$609000.00 for suck purpose.
NOW TORE, be it ordained by the City Council of Fairhope,
Alabama, as followss
SECTION 1. That under the provisions of the Statutes of
Alabama, made and provided relating thereto, and specifically under
Section 466 of Title 37, Code of Alabama, 1940, the City of Fairhope
issue and sell interest bearing warrants in the aggregate sum of
$60 000.00, to be divided into 60 warrants, each in the sum of
$1 600.009 the same to bear interest at the rate of � per anium,
interest payable semi-annually, as followss
Numbers
Principal
both
Amount
inclusive
Maturity Date
maturing
1 - 6
June 1, 1955
$6,000.00
7-12
December 1, 1955
69000000
13-18
June 1, 1956
69000*00
19-24
December 1, 1956
6,000.00
25-30
June 1, 1957
61000900
310-36
December 1, 1957
69000.00
37-42
June 1, 1958
6,000.00
43-48
December 19 19513
6,000.00
49-54
June i, 195,9 ,
6,000.00
55-60
December i, 1959
6$000.00
SECTION 2. That said warrants shall be substantially in
words and figures as followas
(FORM OF WARRANTS)
Noe $19000000
UNITED STATES OF AMERICA
STATE OF ALABAMA
CITY OF FAIRHOPE
GENERAL OBLIGATION WARRANT
On the " day of , 195�, for value
received, the City of Fairhope, a municipal corporation of the
State of Alabama, acknowledges it's indebtedt and promises to
pay, to the bearer hereof the sum of
ONE THOUSAND DOLLARS
and interest thereon from date at the rate
of 4 %
per annum,
Interest payable
semi-annually, on the
day
day of
9
r,
�of eacK
cald o the
endar year
of
, ulutil his wa r,
in 3LM111
18 paid
principal and interest.
This warrant, principal and interest, is payable in lawful
money of the United States of America, at the Bank of Fairhope
in the City of Fairhope, State of Alabama.
The indebtedness evidenced hereby and the income therefrom,
principal and interest, is and shall be free and exempt from any
and all taxes levied by the United States of America, the,State
of Alabama, the County of Baldwin, the City of Fairhope, and any
and all other political divisions and taxing authorities set up,
created, or established by any and all governmental units and powers.
The indebtedness evidenced by this warrant is a general obliga-
tion of said city for the payment of the principal of and interest
on which the full faith, credit, taxing powers and resources of the
City have been and are irrevocably pledged. This warrant has been
issued pursuant to the statutes made and provided, and specifically
under Title 379 Section 466, and under ordinances of said city duly
and legally adopted, for the purpose of providing funds for the
payment of certain warrants of said city issued in the improvements,
betterments, and extensions of units of the municipal light plant
of said city.
It is hereby certified and recited that all.conditions, actions
and things required by the constitution and laws of Alabama, to
exist, be performed or happen precedent to or in the issuance of
this warrant and the creation of the indebtedness evidenced hereby,
exist, have been performed and have happened, and that the indebt-
edness evidenced by this warrant, together with all other iddebted-
ness of the city, was when incurred and now is within every debt
and other limit prescribed by the constitution and laws of Alabama.
,.IN WITNESS WOOF, said city has caused this warrant to be
executed in its name by its mayor and city treasurer, and its
corporate seal to be hereunto affixed, and the annexed interest
coupons to be executed with the facsiiile signatures of its said .
mayor and city treasurer, and this warrant to be dated June lsta`,
1254*
sayor
Coupon
No.
(FORld OF COUPON)
City Treasurer
A
On the day of , 195 , the City of Fairhope
in the State ooAlabama promises to pay to the bearer hereof, at
the principal office of the Bank of Fairhope Fairhope, Alabama,
Twentyand no/100 - - - - -Dollars in law a money of the United
States of America, being six months$ interest then due on the
General Obligation Warrant of said city dated June stt, 19549
and numbered
Mayor City Treasurer
SECTION 3. Said warrants shall be signed in behalf of the
City by the mayor of the city and by the treasurer of the city,
and the corporate seal of the city shall be affixed to each thereof.
The said interest coupons shall bear the facsimile signatures of
the said mayor and the said treasurer, which said facsimilie signatures
shall be valid in all respects as if the sgid officers had signed
the said coupons in person. Said officers are hereby directed so
,t
to execute aVat"d &aknf affix the seal of the city theretme
SECTION 4. Said warrants shall be general obligations of the
city and for the payment of the principal thereof and interest
thereon the full faith, credit, taxing powers and resources of the
city are hereby irrevocably pledged, and 'there is hereby appropriated
and ordered to be set aside annually out of the general revenues of
the city, so long as any of the said warrants are outstanding, a
sufficient sum to pay the principal of and interest on said 10229s�
as and when said principal and interest shall respectively mature 6s
Such appropriation shall not be used for any other purpose.
SECTIOn 5• The provisions of this ordinance shall constitute
a contract between the city and every holder of said warrants
issued hereunder or of any coupons appertaining thereto. When-
ever all of said warrants and the interest thereon shall have been
paid in full, and all of the agreements on the part of the city here-
in contained have been performed, then upon the happening of such
events the obligations of the city hereunder shall thereupon cease.
SECTION 6. So long as any one of the warrants issued hereof
shall be outstanding unpaid, principal and interest, the City of
Fairhope hereby specifically pledges the net receipts from its
electric light system and does hereby authorize and direct the
treasurer each month hereafter to set aside and appropriate to the
payment of the aforesaid warrants a sum appropriate to make the
payments thereon principal and interest when and as the same shall
come due.
SECTION 7• The mayor and the Treasurer of the City of Fairhope
be and they are hereby authorized and directed to execute the
warrants authorized hereby to be sold and to sell the same to such
person, hrm, corporation, or association as shall offer therfor
the best price. Such sale or sales to be made at private sale,
without advertising or other public notice.
SECTION 8, The various provisions of this ordinance are hereby
declared to be severable. In the event any provision of this
ordinance shall be held invalid by a court of competent jurisdiction
such invalidity shall not affect any other portion of this
ordinance
Approveds
mayor
Adopted the , 24 day of May
54
1
City CAerk
Mr. Lyle Mueller representing the Fairhope Youth Council requested
that the City contribute toward theexpense of the Youth'Council
program. Motion by Councilman Macon seconded by Councilman
Blatchford that the City contribute $500,00 to Fairhope Youth
Council for their summer program from June 7th through August..20th
and that Mr. Mueller be commended for his work in this orginitation.
Motion carried.
Motion by Councilman Berglin seconded by Councilman Blatchford
that the City accept the highest bid submitted on property on
North Section Street, the City to reserve fifty feet on the East
Side and the South corner South of North boundary of Seminole Street.
Motion carried.
Mr. St. John, Electrical Engineer, gave a report on the work that
has been done, the supplies that have been purchased and the work
that is to be done on the new distribution system.
A committe representing the Fairhope Taxpayers Association met
with the Council.
It was duly moved and seconded that the meeting adjourn.rto-meet:
.;on ,Fr_t4 &y, June 4, 1954 at 4;30 P.M. Motion carried.
Attests
C ty Clerk
r
STATE OF ,ALABAMA
COUNTY OF BALDWID
City of Fai o
++I� � so emnly swear (or
affirms as the case may be) that I will support the constitution
of the United States, and the constitution of the State of
Alabamaq so long as I continue a citizen thereof; and that I
will fairhfully and honestly discharge the duties of the office
upon which i am about to enter, to the best of my ability. So
help me God."
Sworn to and subscribed before me this day of.22=:��
1954.
Notary Public