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HomeMy WebLinkAbout06-28-1954 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Council of the City of Fairhope'met in regular session at the City Hall, Monday, June 26 1954 with the following members present: Mayor E. B. Overton, City Manager C. B. Niemeyer, Councilmen: M. 0, Berglin, L. E. Blatchford, R. H. Brown, R.C. Macong and J. D. Mason. The minutes of the previous regular meeting were read and approved as read. This being the date set for final adoption of Ordinance #229 said Ordinance having been read to the Councilq Councilman Blatch- ford moved its adoption which motion being seconded by Council- man Mason was put upon its final passage with the following results: Voting for the same, Mayor Overton, Councilmen Berglin, Blatchford, Brown macon and Mason. Voting againstq None. The Mayor there- upon declared the Ordinance finally adopted and signed the same in approval thereof. Z�-a.• - Motion by Councilman Mason seconded by Councilman Brown that the permit of Bedsole's of Fairhope to erect sign on their building on Fairhope Avenue and Section Street be approved as submitted. Motion carried. The permits of Capt. Joe poae and Jansen's Service for permission to place signs on City property were referred to the City Planning Commission for consideration. A copy of the Southern Standard Building Code was presented to the Council by the Planning and Zoning Commission for study and consider- ation for adoption. Motion by Councilman Berglin seconded by Councilman Brown that the City accept bid of Foley Schools for three -gang mower. Motion carried. Councilman Berglin introduced the following Ordinance which motion was seconded by Councilman Macon. Ordinance to be known as Ordinance #c"a The same being ,Ord an2,f permanent operation was carried over for final p*se$gs Tie :%xt regular meeting of the Council on July 12, 1954, Ordinance # o An Ordinance authorizing the Southern Bell Telephone and Telegraph Company to use the public streets of the City of Fairhope Alabama, for the purpose of erecting, constructing, maintaining and operating lines of telephone and telegraph thereon and there- under, Be it ordained by the City Council of the City of Fairhope subject to the terms and conditions of this ordinance that: SECTION 1, permission be and the same is hereby granted to the Southern Bell Telephone and Telegraph Company its sucessors and assignsq to construct maintain and operate lines of telephone and telegraphq including the necessary polesq conduitsq cables, fixtures and electrical conductors upon, alongg under and over public roadsq streets and highways of the City of Fairhope] Alabama$ as its business may from time to time requireq provided that all poles shall be neat and symmetrical. SECTION 2, The work of erecting poles and constructing under- ground conduits under this ordinance shall be done subject to the supervision of the City and the Company shall replace or properly relay and repair any sidewalk or street that may be displaced by by reason of such work, and upon failuto of the Company so to do, after twenty days' notice in writing shall have been given by the mayor of the City to the Company, the City may repair such portion of the sidewalk or street that may have been disturbed by the Company, and collect the cost so incurred from the Company. SECTION 3. In consideration of the rights and privileges herein granted, the Company, when requested by the City, will designate and provide without cost to the City (1) on each pole owned and used by the Company hereunder and during its ownership and use thereof, either (a) space for a fixture for, or (b) space for a crossarm for, wires of the police and fire alarm signalling system of the City, and (2) in each underground conduit owned and used by the Company hereunder and during its ownership and use thereof, one duct for the cables of the police and fire alarm signalling system of the City; provided, however, that no"use shall be made by the City of said space on such poles or of -said duct which will result in interfering with or impairing the operation or use of the Company's property or service, or which will endanger, damage or injure the person or property of the public or employees of the Company or City; and further in consideration of the rights and privileges herein granted, the Company, when requested, will furnish to the City for the use of its officials and employees on municipal business, one (1) business individual line telephone to be located within the city at a place to be designated by the City, with local exchange service therefrom and thereover within the city without charge to the City, and such additional telephones with local exchange service therefrom and thereover, as the City may require at a dis- count of 33 1/3% from its regular schedule of -rates charged its subscribers in the City of Fairhope, Alabama, exchange; provided, however, that the telephones and service above mentioned are to be furnished under and subject to the usual rules and regulations of the Company including those applying to the use of such tele- phones for toll service, which said service is to be paid for by the City at the regular and lawful rates of the Company therefor. SECTION 4. The Company shall indemnify the City against, and assume all liabilities for, damages which may arise or accrue to the City for any injury to persons or property from the doing of any work herein authorized, or the neglict of the Company or any of its employ- ees to comply with any ordinance regulating the use of the streets of the City, and the acceptance by the Company of this ordinance shall be an agreement by it to pay to the City any sum of money for which the City may become liable from or by reason of such injury. SECTION 5. The Company shall file with the City Clerk of the City its acceptance of this ordinance within sixty days from the date when it shall take effect. SECTION 6. Nothing in this ordinance shall be construed as a surrender by the City of its right or,power to pass ordinances regulating the use of its streets or of its right or power to pKM levy any lawful tax against the Company. The rights and privileges herein granted shall not be construed to interfere with the right of the City to construct, maintain and operate its electric distribution system and the Company agrees to reserve for the City space for joint use of its poles in accordance with the terms of the existing joint use agreement between the City gnd the Company dated June 1, 1927. All pole lines constructed by the Company will be so designed as to comply with the requirements of the National Electrical Safety Code as the same may be amended from time to time. The Company further agrees that it will upon reasonable aed. l demand by the City remove or relocate at its own expense its facilities located on City streets, highways and alleys to allow for changes or improvements therein by the City. SECTION 7. This ordinance shall be in force for a period of thirty (30) years from and after the date of its passage and the publication as required by law. Motion by Councilman Macon seconded by Councilman Berglin that Ordinance pertaining to the Long Range Land Use Plan and Map as proposed by Fairhope City Planning Commission, dated April 19549 be adopted. Ordinance # a 3 1 Councilman Macon moved the suspension of the rules that the Ordinance might be put upon its immediate passage, which motion having been seconded by Councilman Berglin, was put upon its pass- age with the following resultsq voting for the same; Mayor E. B. Overton, Councilmen: Bergling Blatchford, Brown, Macon and Mason; against, none; whereupon the Mayor announced the motion carried and the rules suspended. Councilman Mason moved that the said ordinance be put upon its immediate passages which motion hubing been seconded by Council- man Brown was put upon its passage with the following results, voting for the same: Mayor Overtone Councilmen.Berglin� Blatchford, Brown, Macon, and Mason; against, none; whereupon the Mayor declared the motion carried. Councilman Macon moved that the Ordinance be adopted which motion having been seconded by Councilman Blatchford was put upon its passage by the Mayor with the following results voting for the same; Mayor Overton Councilmen Berglin, Blatchford, Browny Macon and Mason, against, none; whereupon the Mayor declared the Ordinance adopted and signed the same. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved r Mayor Attest: J6Aa 2na:�� C ty Clerk AN ORDINANCE TO AMEND Section 54, page 40 of the minutes of the City of Fairhope of October 23, 1916 to October 27, 1919s both inclusive, relating to fire rune within the City of Fairhope: BE IT 57DAINED by the City Council of the City of Fairhope that Section 543 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, coved, remodeled or improved on any lot within the fire zone of the City of Fairhope as fixed, determin d, des0nate3d and described in this ordinance, except the saiae be constructed of fire proof material such as brick, stone, hollowtilae, concrete or metal, with roofs of fire proof material, and to otherwise fully and completely comply with Fire Prevention Cods 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 We said fire Vne may be "ade of the saw material in any one calendar year; And there is hereby fixed, detcrxi.ned, s ecignated and described a fire zone within the city of Fairhope, each side of those certain streets and avenues as follows: Section street from Fels Avenue *forth to City Limits. Bancroft Street from i.orphy Avenue to hagnolia Avenue. School Ctreet from Fairhope Averua to Qgnolia Avenue. Church Street from Morphy Avenue to Magnolia Avenue. Summit Street from St. James Street to Fairhope ?.venue. Ykgnolia Avenue from Church :street to School Street. Fairhope Avenue from Bayview to hershon Street. St. James Street from Summit to Church. Section 2: Any person desiring to aroct a building, or remodel or more or improve thQ 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, remode in g, or moving, or improving; be €;Gmmonued until said petition shall have been passed repot; favor- ably, ::and plans approved by the City Council. the work of construct- ing, remodeling, moving and improving; said bulldi"g 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 Gouncil as .aforesaid, or continuing; to construct, remodel, improve or move same In a manner nu in accordance with the plans and specifications submitted with the application after his attention has been called in writing to such variation by the buildi.nj impact- or, shall be liable to a fine of not eexcesding five dollars for each day that said work in continued, or the orders of said building inspector disobeyed, and any building erected, remodeled, improved or moved contrary to the previsions of this ordinance may be demolish- ed and the expense thereof charged to the owner of the same. Section 4: This ordinances may be designated and referred to is Fire Zone ordinance of" a� iy, 1954.