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Home My WebLink About12-17-1956 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Counci I: of theCity of Fairhope met at City HalI, Monday, December 17, 1956 with *Me following members present: Mayor E. B. Overton, Councilmen C. F. Betew, J. W. Fleming, J. F. McDaniels, W. R. Ruffles, Jr., and B. L. Shull. The minutes of the previous regular meeting were read and approved as corrected. Motion by Councilman Ruffles seconded by Councilman Belew that the following Resolution be adopted. Motion carried. WHEREAS, The River and Harbor Act approved 17 May 1950 authorized the construc- tion of a channel 6 feet deep and 80 feet wide from deept water in Mobile Bay to and including a turning basin 6 feet deep 130 feet wide and 330 feet tong located near the first bend in Fly Creek generally in accordance with the plan of the District Engineer and with such modifications thereof, as in the discretion of the C hief of Engineers may be advisable, as shown in House Document 194, &1 sit Congress, l str Session; and WHEREAS, the City of Fairhope, Alabama is vitally interested in the pro- ject- for improvement of Fly Creek as authorized by said Act; and WHEREAS, prior to initiation of work on this project, it is necessary in accordance with the provisions of said Act that local interests provide with- out cost to the United States all lands, easements, rights -of -way, and spoil - disposal areas necessary for the construction and subsequent maintenance of the project, when and as required; hold andsave the United States free from damages due to the construction and subsequent maintenance of the works; provide at their own expense necessary mooring Ctacitillities, including as public landing with suitable supply facilities, parking areas, and an all- weather access road to the harbor facilities; maintain the existing timber jetty at!the mouth of the creek; and establish a competent and properly constituted public body empowered to regulate the use, growth, and free development of the harbor facilities with the understanding that abl such facilities shall be open to al-1 on equal terms; and WHEREAS, theCity of Fairhope, Alabama is agreeable to providing such rights and assurances as are required by the, provisions of said Act; NOW THEREFORE, BE IT RESOLVED THAT THE City of Fairhope, Alabama hereby agrrees and pledges to extend full and compl ate cooperation to those who rare- responsible for the success of this project, and grants this assurance that it will provide without cost to the United States all lands, easements, rights. -of --way, and spoil: -disposal areas necessary for the construction and subsequent maintenance of the project, when and as required; hold and save the United'States free from damages due to the construction and subsequent maintenance of the works; provide at its own expense necessary mooring facilities, inc uding a public landing with suitable supply facilities, parking areas, and an all-weather access road to the harbor facilities; maintain the existing timber jetty at the mouth of the creek; and establish a competent and properly constituted public: body empoqered to regulate the use, growth, and free development of the harbor facilities with the understanding that all such facilities shall be open to all on equal terms. This resolution is an amendment of the resolution adopted by the City of Fairhope on the eleventh day of September, 1956. Adopted by the City of Fairhope, Alabama, this 17the da f December, 1956 • r- //-(/), \ _ n S:1 gned LJUU�---�- Mayor L Attest -T A ruling from the Attorney General on AB C License was read and discussed. Motion by Councilman Belew-seconded by Louncilman Shull that the following Resolution be adopted: Voting Yes, Councilmen Belew, Fleming, McDaniels and Shull. Voting No, Councilman Ruffles and Mayor Overton. Motion carried. RESOLUTION WHEREAS the City of Fairhope is receiving funds from the Alcoholic Beverage Control Board under a distribution plan in accordance with the last Fedbral Census showing the population of the City of' Fairhope to be 3367;- and: WHEREAS, according to the 1940 Code of A I abama° Title 29 Sect i orr 14, every appl icad:t for a hotel liquor license or restaurant liquor license.,.* in towns of 4500 to 25,000 population shall file a written applicaticn with the board together with a certificate from the Clerk or proper officer setting out that the applicant has presented his application to the governing authority of the municipality and has obtained its consent and approval. AND NIHEREAS there is no Census of record showing the City of Fairhope for have a population of 4500 as required under the 1940 Code of Alabama, Title 29 gectio 14. BE IT THEREFORE RESOLVED BY THE COUi- IL OF THE CITY OF FAIRHOPE AS FOLL(NS: That the first duty of a municipal Council is to abide by the lava; and by this resolution go on record, that it is opposed to participating in an illegal act, of issuing a liquor license to & public: restaurant or establishment until thesaid City of Fairhope is shown to have a population under a recorded Census as -set forth in Section 1-4 Title 29 of the Code of Alabama of 1940 as amended; and BE IT FURTHER RESOLVED that the said council disapprove any application for any I'iquor licenseopr renewal therex)f until the said council is assured of the legality of such an approval and that the population of the City of Fairhope has-been duly recorded by a proper Census that shows a population of 4500 or over. Be it further resolved that a copy of this resolution, upon approval, be sent by registered mail to the -Administrator, Alcoholic. Beverage Control Board, Montgomery, Alabama. Approved, this the 17th day of December, 1956. A request from Mr. Lee Parker for permit to sell draft and bottled beer at the Parker House was presented to the Council. Motion by Councilman Belew, seconded by Councilman Ruffles that permit be issued to Mr. Parker. Voting Yes, Counci men Ruffles, Belew and Shulil. Voting No, Councilmen McDaniels and Fleming. Motion carried. Motion by Councilman McDaniels seconded by Councilman Shull that the City Manager work with Mr. Macon, Chairman of Committee of the Rotary Club, to aid in filling gulley behind the Jr. High School. Motion carried. Motion by Councilman Shull seconded by Councilman Belew that the City initiate proceedings for a certified census acceptable to the State. Motion carried. Mr. Jesse Stippson mei with the Council" in regards to parking on N. School St. Councilman McDaniels introduced the following Ordinance which was seconded] by Councilman Belew. ORD I NANC E # �, 44 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECT I ON I . From and of ter f i f teen days of ter the adopt i on of th i s Ordinance it shall be unlawful for any person selliing malt or brewed beverages to the general public: within the City of Fairhope or within the police jurisdiction thereof to paint, screen,shade or curtain the glass windows, glass doors or glass. fronts of the place of business in which or from which such beverages are sold so as to obstruct or prevent full, complete anduninterrupted view into the same from the outside thereof or to continue to sell, to the public such beverages in or from any place, the view into which is -so obstructed by such or any other way or means:. SECTION 21. Any person violating this ordinance shall be fined not less than $1.00 nor more than $100.00 and may also be imprisoned or sentenced to hard labor for the City of Fairhope for not more than 90 days. Councilman McDaniels 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 Belewrand upon the motion being put to vote the following vote was recorded. Voting Yes, Councilmen: Belew, Fleming, McDaniels, Ruffle sand Shull. Voting No, None. The Mayor there- upon declared that the motion for unanimous consent for immediate consideration of and action on said Ordinance had been unanimously carried. Councilman Shul'1 thereupon moved that the said Ordinance be finally adopted', which motion wvs seconded by Councilman Fleming and upon said motion being put to vote the fallowing vote was recorded.. Voting Yes, Counc. i I men Bellew,, Fleming, McDaniels, Ruffles and S.hutt.,Voting No, None. The ,Mayor then announced that the motion for adoption of said Ordinance had been unanimously carried and sign— ed the same in approval thereof. Mayor Overton appointed Councilman Fleming to check and study plans for low rent housing for elderly retired people. Motion by Councilman McDaniets seconded by Councilman Belew that the next regular meeting of December 24, 1956- be dispensed with. Motion carried. It was -duly moved and seconded that the meeting adjourn. Motion carried. Approved Mayor Att est: C-itlerk