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HomeMy WebLinkAbout11-26-1956 Regular Meeting0 4 STATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope met in regular session at the City Hall, Monday, November 26, 1,956 with the following members, present: Mayor E. B. Overton, City Manager C. S. Niemeyer, Councilmen: Charles Belewr,John Fleming, Johnnie McDao ieis, Wm. Ruffles, Jr., and Barney Shull. The minutes of the previoys regular meeting were read and approved as read. Mr. Johnson and Mr. Rayborn, representing Burrough' s Corporation, gave is report to the Council on Burroughs Machine for bookkeeping and billing. Mr. Ed. Sheldon met with the Council in regards to Business License. The Mayor appointed Councilman Bedew, Councilman Fleming and Councilman Shu III to revise Business Licenses Ordinance #221 and Ordinance #237 and submit their report to the City Counc.i I.. Motion by Councilman Belew seconded by Councilman Shull that no Liquor permits be issued or reissued to any public place or any place in doubt until the Council receives an opinion from the Attorney General. Voting Yeas, Councilman Bedew, Councilman McDaniels and Councilman Shull. Voting No. Counc i I man Ruf f les, Counc i I man F I emi ng and Mayor Overton thus creating a tie. Mayor Overton votediasecond vote to break the tie, Motion defeat. Motion by Councilman McDaniels seconded by Councilman Fleming that the following Resolution be adopted: BE IT RESOLVED by the City Council of the City of Fairhope that Mr. C. D. Snow be appointed as Court Recorder at a salary of $50.00 per month, effective Decembe=r [, 1956. Provided However-, that the City Council reserves the right at any time to increase or decrease such salary and to dismiss the said C. D.S Now as Court Recorder with or without cause. Motion carried. The Council rendered a vote of thanks to Mayor Overton for acting as Court Recorder for the pest two months. Motion by Councilman Ruffles seconded by Councilman Fleming that the Mayor be authorized to enter into contract with Eugene Bosby for Garbage pick up. Motion carried. Motion by Councilman ShM seconded by Councilman Fleming that the City donate elect rie services to the Boy Scout Hut. Motion carried. Motion by Councilman Ruffles seconded by Councilman Fleming that the salary of the City Clerk be increased to 0305.00 per month effrectibe December 1!, 1956, Motion carried. Motion by Councilman Shull seconded by Councilman Ruffles that pay rates be s approved as submitted. Motion carried. Councilman McDaniels introduced the following Ordinance which was seconded by Councilman Shull. ORDINANCE # 2 1/ O AN ORDINANCE FIXING AND ESTABLISHING SPEED LIMITS AND DRIVING REGULATIONS IN THE CITY OF FAIRHOPE, ALABAMA, AND ITS POLICE JURISDICTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. No person shibll operate a motor vehicle at a greater speed than forty (40) miles per hour in the following listed zones in the city: I. 0'n Alabama Highway No. 89 (Section St.) from the North City Limit, South to pensaccla Avenue. 2. On Alabama Highway No. 104 from the East City Limit, West to the interesction with Alabama Highway No. 89. SECTION 2. No person shall operate a motor vehicle at a greater speed than thirty (30) miles per hour in the following Listed Zone of the C i tyr I. On Alabama Highway No. 89 (Mobile Ave.) from the South City Limit, Northeast to Fels Avenue. SECTION 3. The mayor be and he is hereby authorized and directed+ from time to time to make a survey of traffic conditions on the streets, alleys, avenues and segments and parts thereof in the City of Fairhope, on which the speed limit is not fixed by sections one and two hereof, and to fi* and limit the rate of speed at which vehicles shall be driven on and along the same and designated certain streets, alleys, avenues as through streets, and erect or place signs, lights or other appropriate devices requiring traffic to stop or to yield the right of way at intersections and entrances to such through streets, avenues and alleys, and fix and designate by proper lines no passing zones and no "U" turn places on streets, avenues and alleys, and segments thereof. SECTION 4- In addition to all other provisions of law relating the speed and operation of motor vehicles in said city, there is hereby adopted by the City of Fairh,-)pe, Alabama all laws of the State of Alabama and all rules and regulations of the State Highway Department pertaining to the control of traffic and motor vehiclesson highways, that are niSdemeanors under the State laws, and a violation of such law, rules and regulations in the City of Fairhope or in the police jurisdiction thereof, and apy violation thereof shall be a vmalation of this ordinance and may be punished as herein provided. SECTION 5. It shall be unlawful for any person to drive or operate any motor vehicle in excess of the speed limit designated in Sections one, two and three herein on or along the streets, avenues or alleys named therein, and it shall be unlawful for any person to drive or operate a motor vehicle on or along any street, avenue or alley in the City of Fairhope in excess of the speed limit marked or otherwise designated on or along said streets, avenues or alleys, and it shall be unlawful for any person to drive through any stop sign or light or to fail to yield at any intersection where the same is posted directing the yielding to on —coming traffic, or to pass a tPehicle in a no passing zone or segment of the street or alley. And it shall also be unlawful and constitute a misdemeanor to violate any provision of the State laws, rules and regulations adopted by Section 4 hereof. And any and all persons violating this ordinance or any provision thereof shall be guilty of a misdemeanor and shall upon conviction thereof be punished by fine and imprisonment or sentenced to hard labor for the city as follows: I. For running through a stop or yield traffic sign -- not less than $3.00 nor more than $100.00. 2. For running through a red light stop sign,. not less than $5.00 nor more than $100.00 3• For driving or operating a motor vehicle at a rate of speeds in excess of the speed limit as herein find or as shall be fixed hereunder, not less than $10.00 nor more than $100.00 4. For driving or operating a motor vehicle at a greater rate of speed than that fixed and designated in a zone marked "school zone", not less than $25,00 nor more than $100.00. 5. And for any other violation of this ordinance the penalty for which shall not be herein otherwise specifically provided the person so violating the same upon conviction shall be fined not less than $1.00 nor more than $100.00 and may be also sentenced to the city jail or to hard! labor for the city for not more than 90 days. And in addition to such monetary fines such person or persons may also be imprisoned in the municipal jail or sentenced to hard labor for the City for a period not exceeding 90 days; and any person violating any provision of this ordinance may be both sentenced and fined as herein pro— vided. SECTION 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 7. This ordinance shall become effective immediately upon its passage, approval and publication as provided by law. Adopted and approved this the 26th day of Nobember, 1956. Approved Mayor At -test: City Clerk Councilman Fleming 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 Ruffles and upon the motion being put to vote the following vote was recorded. Voting Yes, Councilmen: Belew, Fleming, McDaniels, Ruffles and Shull. Voting Na, 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 McDaniels thereupon moved that the said Ordinance be finally adopted, which motion was seconded by Councilman Belew,and upon said motion being put to vote the., following vote was recorded. Voting Yes, Councilmen: Belew, Fleming, McDaniels, Ruffles and Shull. Voting No, None. The Mayor then announced that the motion for adoption of said Ordinance had been unanimously carried and signed the same in approval thereof. Councilman McDaniels introduced the following Ordinance which U85 seconded by Councilman Fleming. ORDINANCE # a y) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS.: SIB TION 1. The Mayor of the pity of Fairhope be and he is hereby authorized and directed to make a survey of the traffic conditions on the several streets and avenues, public ways and public places, and segments and parts thereof in the City of Fairhope and wherever the traffic conditions make it necessary and proper, to determine, fix, regulate, and limtif the hours, the length of time, and the manner of parking of vehicles.on the streets and avenues, public ways, and public places, and segments and parts, thereof, in the City of Fairhope, and to cause the same to be appropriately marked to indicate the hours, time limit, the- manner fixed and determined for parking vehicles on such streets and avenues, public ways and public places, and segments and parts thereof. The Mayor, from time to time, may change the hours, the length of time, and themanner of parking of vehicles on any of such streets and avenues, public ways and public places, and segments and parts thereof, as in his opinion traffic conditions demand. The Mayor shall also determine, designate and mark so as to properly indicate what portion of streets, avenues, alleys, public ways and public places where no parking is permitted and portions of the streets where parking is permitted for loading and unloading only. SECTION 2. lit shall be unlawful for any person to park any vehicle on the streets and avenues, public ways and public places, and segments and parts thereof, in Fairhope, during the hours, for a longer length of time or in a -manner other than permitted and indicated by the posted markings, or during the hours, for a length of time, or in a manner prohibited as indicated on such markings. It shall also be unlawful for any person to park a vehicle in any street, avenue, alley, public way or public place or segment thereof at which parking is prohibited and to park any passenger vehicle at any part or segment of any street, avenue, alley, public way or public place selected, designated and marked for loading and unloading only. SECTION 3. An person violating this ordinance shall be fined not less than One Dollar 41.00) or more than One Hundred Dollars ($100.00) or may be sentenced to hardlabor of the City of Fairhope not exceeding six (6) months, one or both. SECTION 4, This ordinance shall go into effect on, and be operative on and after the day of , 1956. Duly adopted by the -City of Fa i rhope at a meeting thereof regular— ly held on the 26th day of November, 1956. Approved: Mayor Attest: . C i ty I erk Councilman Fleming 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 Shull- and upon the motion being put to vote the folil,owing vote was recorded. Voting Yes, Councilmen: Belew, Fleming, McDaniels, Ruffles and Shull. Voting No., 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 Bedew thereupon moved' that the said Ordinance be finally adopted, which motion was seconded by Councilman Ruffles and upon said motion being put to vote the following vote 41 was recorded. Voting Yes, Councilmen: Belew, Fleming, McDaniels, Ruffles and Shull'. Voting No, None. The Mayor then announced that the motion for adopt- ion of said Ordinance had been unanimously carried and signed the same in approval thereof. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved' ��- Mayor A t hest : city lerk Pay Increases effective Dec. I. 1-956, approved by Council Nov. 26, 1,956 Henry Creamer B 1 1 1! Weston Bill Smith Vernon Burkett C. V7. Morgan J. 1. McMichin Harold Payne J'ame-s Stewart C I eve Hutcherson Sol Sanders Jack Kessler Raymond Stapleton Earl Howes F . Buchanon, J. P. Bailey 5A'�flf �@EXb6 1�?QSX Gans Department Frank E. Wiggins C I int Cotton Henry Grayson A`I Pen Johnson Mack Green Benny Washingt n George Bush George Keller Alfred Nelson $ 70.00 per week 1,.35 per hr. 1.25 n n 1+.15 n n 1.15 1.15 1.15 1.15 .95 .95 1.1G, $250.00 Per Mth. 230.00 210,00; 240.00` Zod.C9c) 8350.00 per mth. 1.10 per hr. 1.10 1.10 11.10` I . go 1.10 1.30 t.55 November 26, 1956 Honorable John Patterson Attorney Geneerbi State of Alebwo tAont9(x*ry. Alabama Dear Sire The City Counc i 1 of the City of F a i rhope has before It applications by restaurant operators for approval by the �Ii ty Couric i I of the i ssuance to them of a 1 iquor 1 iconsee. Though am restaurant operator has a liquor license from the State Alcoholic Control Board and from. the city, there is a question In the Mind of some of the council as to whether or not Fair - hope quaff if les for a liquor license since under the federal Census the population was lean than 4500 within the corporate limits of the city. Fairhope is a tourist city. The restaurant operators asking for 1iguor• #1cense would 9*11 both :o residents and to taurists. Please advise whether or not restaurants located within the corpora -to 1 i mi is of the C 1 ty of Fa i rhooe may qua$ i fy for liquor license under thy► 51,ate Alcoholic Control Board sttotutess, Yours very truly, CITY GF FAIRROPE E. B. MIERTON Mayor