HomeMy WebLinkAbout03-25-1957 Regular MeetingSTATE OF ALABAMA
County of Baldwin
The City Council of the City of Fairhope met in regular session at the City
Hall, Monday, March 25, 1957 with the following members present: Mayor E. B.
Overton, C i ty 'Aanager C . B. N i emeyer, C ounc i I rren: C. F . Be I ew, John W. F I em i ng,
Johnnie F. McDanieIs, Wm. R. Ruffles, Jr. and Darney L. Shull.
The minutes of the previous regular maeting were read and approved ahead.
Moti^,n by Councilman McDaniels seconded by Councilman Belew that the Mayor and
Clerk be authorizcd to advertise for sealed bids on a 4" Gas. main from the
South City Limits of Daphne to the Fairhope Regulator Station. Bids will be
received at the City Hall until 7:30 P.M. on April 22, 1957. Moticn carried.
The following petition from the Youth of Fairhope was presented to the Council:
:e, the undersigned Youth of Fairhope, would like to thank: the City
CouncJ I, the Recreation Committee, and the Voters of Fairhope for their
part in initiating a Recreation program in Fairhope.
It is our understanding that there are petitions already circulating
to stop the passing of a Beer and Cigarette -Tax even though the voters
recommended this.
INL also understand that there were writes -in votes for the taxing of
soft drinks so that we, the Youth, would finance our own program as
we are the greatest spenders for soft drinks.
°fe the undersigned, will heartily agree with this as we realize the
great benefit wewill receive from this program and we will not mind
paying an extra penny for soft dr i nksp howcver, vie do not feel that
this should take a precedent over the other tax as we are still consider&
Juveniles and are considered the responsibility of adults until we are
twenty-one. We fell that it should be cooperative tax between the Youth
and Adults -as both will benefit.
We, wbuId be pleased'to have you pass on the bill that the voters ex-
pressed their desire to have passed and to consider soft drinks also so lz-h�t no -on
that no one can say that the Youth are not hlelping. 1
Signed by 72 Youth of Fairhope.
Permission vras granted to the, Jr. Chamber of Commerce to use, Knol I Park for
Easter Eg3 Hunt on Easter Sunday.
The resu l is of the C i ty Election held on :March 18, 1957 were as fol lows:
Voting for Recreation Program 327
Voting No. 110
Voting for Beer and Tobacco Taw 167
Voting for Sales Taxi 98
`Jot i ng• f or other taxes. 57.
A letter from Mr. W. 0. Poser listing the population of the City of Fairhope,
as 4,628 was ;resented.
CounaiIman Ruffles introduacd the following Ordinance:
Ordinance if' 247
I
ORDINANCE NUMBER
AN ORDINANCE TO LEVY LICENSE TAXES FOR THE SALE,
STORAGE OR DELIVERY OF CERTAIN TOBACCO PRODUCTS
WITHIN THE M RPORATE LIraTS OF THE CITY OF FAIR -
HOPE, AND WITHIN THE PONCE JURISDICTION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA:
SECTION 1. -DEVINITIONS. Unless the context clearly indicates
a different meaning, the following words and phrases wherever used in
this ordinance shall have the meanings respectively ascribed to them
in this section.
"PERSON". A natural person, firm, corporation, club, assoc-
iation, joint stock company, receiver, estate, trustee or any person
acting in a fiduciary capacity.
"RETAIL PRICE". The usual retail selling price of the
article before adding the amount of the tax assessed herein, or the
tobacco tax assessed by the State of Alabama.
"WHOLESALE DEALER, and JOBBER". A.person who sells or de-
livers within the City of Fairhope, or its police jurisdiction any
tobacco products as hereinafter defined, and all persons operating
under a retail dealers license.
"DEALER". Any wholesale or retail dealer as herein defined.
"STOKER". Any person who ships or causes to be shipped or
receives tobacco products into the City of Fairhope, or its police
jurisdiction and stores the same in any manner and withdraws or uses
the same for any purpose other than for resale or reshipment outside
the City and police jurisdiction.
"STAMPS". The word stamps as used herein means the stamp or
stamps by the use of which the tax levied under this ordinance is
paid.
"TOBACCO PRODUCTS". This term includes cigarettes and smok-
ing tobacco, and any substitute therefor.
"PACKAGE". The individual box or other container from which
or in which retail sales of the tobacco products mentioned herein are
normally made or intended to be made.
"CITY". The City of Fairhope.
"CORPORATE LIMITS". Corporate limits of the City of Fairhope.
"POLICE JURISDICTION". The territory outside of the corporate
limits, but within the police jurisdiction of the City of Fairhope as
defined and fixed by the statutes of the State of Alabama.
"SALE". Any transfer of title or possession, or both, ex-
change or barter, conditional or otherwise, in any manner or by any
means whatsoever for a consideration, or any agreement therefor, in-
cluding rewards, prizes or premiums or such tobacco products given as
a result of operations on punch boards, shooting galleries and other
activities.
The masculine gender shall include the feminine and the neuter
genders. Wherever the contract requires, the plural shall include -the
singular, and the singular the plural. Any words or phrases used in
the ordinance and not herein defined which are defined in the Code of
I
Alabama, 1940, Title 51, Section 744 to 751, inclusive, and amend-
ments thereto, shall have the meaning ascribed to them by statute.
SECTION 2. TAX LEVY IN CITY. That in addition to all others
taxes now imposed by law, every person who sells, stores or delivers
any tobacco products within the corporate limits of the City or within
the police jurisdiction thereof shall pay a license tax to the City
and a license tax is hereby fixed and levied, which license tax shall
be in the following amounts for the sale, storage or delivery of the
following named tobacco products in the corporate limits of the City
of Fairhope:
(1) CIGARETTES. All cigarettes made of tobacco or any sub-
stitute therefor, two cents ($.02) for each package containing 20
cigarettes or less.
(2) CIGARETTES. All cigarettes made of tobacco or any sub-
stitute therefor, four cents (0.04) for each package containing more
than 20 and not exceeding 40 cigarettes.
(3) CIGARETTES. All cigarettes made of tobacco or any sub-
stitute therefor, six cents 4.06) on each package containing more
than 40 cigarettes.
(4) SI.:OKING TOBACCO. All smoking tobacco, including, gran-
ulated, plug cut, crimp cut, rubbed and other kinds and forms of
tobacco prepared in such manner as to be suitable for smoking in a
pipe or cigarette, each package retailing for five cents or less,
one-half cent (6.005), each package of smoking tobacco retailing for
more than five cents each, an additional one-half cent ($.005), for
each five cents or fraction thereof of the retail selling price in
excess of five cents. The tax levied by, this ordinance shall be paid
through the use of stamps herein provided for.
SECTION 3. TAX LEVY IN POLICE JURISDICTION. Every person
selling, delivering or storing any of the tobacco products aforesaid
in the police jurisdiction of the City shall pay to the City, and a
license tax is hereby fixed and levied, which license tax shall be
one-half of the license tax levied under the preceding section on
each of the tobacco products mentioned therein.
SECTION 4. STAIPS. The City Clerk shall keep on hand for
sale an adequate quantity of stamps to be affixed to each package
of such tobacco products in denominations as required under this
ordinance. Each such stamps shall have inscribed thereon the words
"City of Fairhope Tobacco Taxi, but said words need not be arranged
in the foregoing order and may be abbreviated. Said stamps may be
sold to the wholesale dealer only by the City Clerk at a price equal
to 90 per cent of the full amount thereof, the remaining ten per cent
of such full amount representing compensation to the wholesale dealer
for the labor of affixing them to the tobacco products enumerated
herein. All other persons except wholesale dealers, must pay the
full face amount of the stamps; but no person or dealer shall be en-
titled to purchase any such number of said stamps as would cause the
purchase price to include the fraction of a cent.
SECTION 5. DEALERS. Before any of the aforesaid tobacco
products shall be sold or delivered within the corporate limits of
said City or police jurisdiction by any dealer, such dealer shall
affix to each package of said tobacco products, enumerated in Section
2 of this ordinance, a stamp or stamps obtained from the Clerk of
the City of Fairhope in the amounts set out in this ordinance in
payment of the license taxes imposed by this ordinance. Every dealer
shall within one hour after the receipt of any such tobacco products
within the city or its police jurisdiction, unless sooner offered for
sale, cause stamps to the requisite amount of the tax to be affixed
as hereinafter stated and to cause the same to he cancelled by
writing or'stamping with waterproof ink across the face of each
stamp the registered number furnished such dealer by the State Tax
Commission. After such stamping has been begun it shall be con- .
tinuedz-with reasonable diligence by such dealer until all the un-
stamped tobacco products aforesaid have been stamped and the stamps
cancelled as herein provided, but no stamps required to be affixed
to any package of the tobacco products aforesaid shall after the
same has been affixed as herein provided, be again used in payment
of any part of the tax levied under this ordinance. Such stamp
shall be affixed in such manner that their removal will require con-
tinued application of water or steam. In the case of cigarettes and
smoking tobacco sold in retail in packages the stamps shall be
affixed to each individual packages in,such a way that such stamps
shall be torn in two or mutilated when such package is opened.
SECTION 6. RECORDS. Every wholesale dealer shall at the
time of selling or delivering any tobacco products enumerated herein
into the City or its police jurisdiction, make a true duplicate in-
voice of the same which shall show, full and complete, details of the
sale or delivery of such tobacco products and shall retain the same
subject to the use and inspection of the City Clerk or his duly
authorized deputy Por the period of three years. Wholesale and retail
dealers shall also keep a record of the purchase, sale, exchange and
receipt -of all the aforesaid tobacco products and hold all books,
records, cancelled checks, and all other memoranda pertaining to such
purchase, sales, exchange and receipts for the period mentioned herein,
subject to the inspection of the City Clerk or his duly authorized
deputy, who shall have the power and authority to enter upon the prem-
ises of any dealer and to examine such books, records and memoranda at
all reasonable times. Any person who purchases or receives in any
manner whatsoever, any of the tobacco products enumerated herein which
does not have affixed the stamps required by this ordinance -shall,
within three days after receipt of such articles of tobacco, report
the receipt and purchase of said tobacco products to the City Clerk,
giving the date of purchase or receipt, the name and address of the
person or firm from whom purchased or received and a list describing
the articles of tobacco purchased or received. Such report must be
made by registered mail or in person. It shalbe unlawful for any
person to interfere with or obstruct the City Clerk or such deputy
in the exercise of the power and authority conferred by this ordinance.
SECTION 7. ILLEGAL ACTS. Among others, the following acts
and omissions shall be unlawful: (a) It shall be unlawful for any
person required by this ordinance to affix stamps to tobacco products
to fail to affix such stamps or to cancel such stamps in the manner or
within the time required by this ordinance.
(b) It shall be unlawful for any person to sell, offer for
sale, or deliver within the City or its police jurisdiction any tobacco
products to which stamps have not been affixed and cancelled as provided
by this ordinance.
(c) It shall be unlawful for any dealer to have in his
possession or under his control any tobacco products not properly
stamped as required by this ordinance for more than six hours after
receipt of such products on the premises of such person, provided
that this subsection shall not apply to tobacco products in the
possession of wholesale dealers or jobbers kept for the purpose of
resale or reshipment outside the City and its police jurisdiction
and which products are actually so resold or reshipped. The possession
of each article or commodity not having the proper stamps affixed
J
thereto as required by this ordinance shall be deemed a separate
offense.
,(d) It shall be unlawful to manufacture, buy, sell, offer
for sale or possess or attempt to do so any reproduction or counter=
felt of the stamps provided for in this ordinance or to possess tools,
implements, instruments or any materials of any kind necessary or
appropriate to reproduce or counterfeit such stamps or to alter or
cause to be altered any stamps herein provided for.
(e) It shall be unlawful to remove from a package or otherwise
prepare any stamps with intent to use or cause the same to be used, or
to buy, sell,"offer for sale, or give away, any washed, removed, altered
or restored stamp to any person or to have in possession any such washed
or removed or restored or altered stamp, or, for the —purpose of in-
dicating the payment of any tax hereunder to re -use any stamp which has
heretofore been used for the payment of any tax provided in this
ordinance, or, except as to the City Cler, to sell any stamp provided
for herein.
(f) It shall be unlawful to re -use or re -fill with any tobacco
products any package from which such taxed tobacco products have been
removed.
SECTION 8. APPLICATION.
(a) This ordinance shall not be applied so as to impose any
unlawful tax or�unlawful burden on interstate commerce or any business
of the United States Government or any branch or agency thereof.
(b) This ordinance shall not apply to the tobacco products
mentioned herein stored by a wholesale dealer for the purpose of re-
sale or re -shipment outside the City and its police jurisdiction and
which are actually so re -sold or re -shipped.
(c) This ordinance shall not repeal any of the provisions of
the License Ordinance of the City but shall be held to be cumulative.
(d) Whenever the requisite amount-of.stamps has been affixed
to the tobacco products as required herein, this ordinance shall not
require additional stamps to be affixed thereto in case of subsequent
sales, deliveries, or storages; except where the tobacco products
taxed hereunder have been stamped with the amount required for the sale
in the police jurisdiction and the same are subsequently sold within
the corporate limits the required additional amount of stamps shall
be attached thereto.
SECTION 9. SEVERABILITY. Each and every provision of this
ordinance is hereby declared to be an independent provision;, and the
holding of any provision hereof to be void or invalid shall not affect
any other provision hereof, and it is hereby declared that the other
provisions of this ordinance would have been enacted regardless of any
provision which might be held invalid.
SECTION 10. SAVING PROVISION. No fine, penalty or forfeiture
incurred under this ordinance number 2zl7 previous to its repeal,
and no proceeding therefor instituted before or after such repeal
shall in anyway be affected by such repeal.
SECTION 11. PENALTY. Any person violating any of the pro-
visions of this ordinance shall, upon conviction be fined not more
than $100.00 and may be sentenced to hard labor for the City for
not more than 30 days, either or both.
SECTION 12: The proceeds fromk the tax levied by this
ordinance when collected shall be and is heroby appropriated to and
shall be used for the acquisition'df lands, buildings and equipment
and facilities for recreational and park purposes and for mainten-
ance, development and operation of recreational facilities and public
parks, for the City of Fairhope and its people.
SECTION 13. EFFECTZVF DATE. This ordinance shall become
effective at midnight of, or as soon thereafter as
it may under the constitutio nd laws of the State of Alabama.
Adopted on the qs 'day of 1957.
Clerk
Approved this the 2� ay
_2tt.�
of 1957.
r
Councilmen Belew moved that the rules be suspended and unanimous consent be
given for im^rediate consideration of and action on said Ordinance which moti n
was seconded by Councilman Shull and upon the motion being put to vote the
f o I lowing vote :vas recorded: Voting Yes: Counci Imen Bel ew, FIcming, MicDan iels,
Ruffles and Shull. Voting No: None. The Mayor thereupon declared that the
motion for unanimous consent for i iediate consideration of and action on Eklid
Ordinance had bcen unanimously carried. C ounciIman p�hcDaniels thereupon moved
that the said Ordinance be finally adopted which motion was seconded by Council —
,ran Bel ew•and upon said motion being put to vote the following vote was recordod:
Vot 1 r.g Yes•; Counc i 1 men Bel ew,. F le m i ng,. McDan i el s, Ruf f I e, s and Shu I I . Vot i ng No:
None. Thei.layor then announced that the motion for adoption of said Ordinance
had been unanimously carried and signed the same in approval thereof.
Councilman Shull introduce6 the following Ordinance which motir)n was seconded
by Councilman Be l e-rr:
ORDINANCE -NUMBER -.2 ''
AN ORDINANCE TO BE ENTITLED AN ORDINANCE TO
ANEND-SECTIONS THREE, FOUR AND FIVE OF FAIR -
HOPE ALCOHOLIC'BEVERAGE CONTROL ORDINANCE OF
APRIL 12, 1937, AS AI,ZNDED BY ORDINANCE NO.
180.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, AL ABAMA:
FIRST: That sections three, four and five of the Fairhope
Alcoholic Beverage Control ordinance of April 12, 1937, as amended
by Ordinance No. 180 be amended to read as follows:
SECTION 3. WHOLESALER, DISTRIBUTOR AND JOBBER.
(a) There is hereby levied on every person, firm,
corporation or association who shall engage in business
as a wholesaler, distributor or jobber of malt or brewed
beverages of an alcoholic content not in excess of 4% by
weight and 5% by volume, in the corporate limits of the
City of Fairhope, Alabama, a license or privilege tax to
be measured and ascertained as follows: An amount equal
to two and one-half cents on each twelve fluid ounces or
fraction thereof of such malt or brewed beverages sold or
distributed, said amount to be due and payable on or be-.
fore the 15th day of the calendar month next following
such sales or distribution, and if not paid by said date,
there shall be added to'said amount a penalty of 15%
thereof.
(b) Every such wholesaler, distributor and jobber
shall before engaging in such business file with the Town
Clerk of the City of Fairhope a written statement under
oath containing full data regarding the business he in-
tends to carry on, including the location of his business,
whether or not such wholesaler, distributor or jobber is
a natural person, a corporation, a partnership or assoc-
iation, and if not a natural person, the names of the
persons composing the partnership or association, and
their residences, and if a corporation, the officers and
persons holding the capital stock of the corporation and
their residences.
(c) Three -fifths of the proceeds of the tax levied
hereunder shall be covered into the City Treasury and
may be used for any municipal purpose. Two -fifths of
the proceeds of such tax shall be covered into a fund
designated as the "Fairhope Recreational Fund" and shall
bra used for the acquisition of lands, buildings and
equipment and facilities for recreational and park
purposes and for maintenance, development and operation
of recreational facilities and public parks, for the City
of Fairhope and its people.
SECTION 4. RETAILERS.
(a) There is hereby levied upon all persons, firms,
corporations or associations who shall engage in the
business of -sell, within the corporate limits of the City
of Fairhope, Alabama, as a retailer, malt or brewed
beverages of an alcoholic content not in excess of 4%
by weight and 511fo by volume, to be consumed on the prem-
ises, or to be carried or delivered to the address of
the purchaser, a privilege or license tax to be
measured or ascertained as follows: An amount equal
to two and one-half cents on each twelve fluid ounces
or fractional part thereof of such malt or brewed
,beverages sold or distributed, to be consumed on the
premises or to be carried or delivered to the address
of the purchaser, said amount to be due and payable
on or before the 15th day of the calendar month next
following such sales, and if not paid by said date
there shall be added to said amount a penalty of 150
of such amount.
(b) Any person, firm, corporation or association
engaged as a retailer of such malt or brewed beverages
purchased in whole from a wholesaler, distributor or
jobber on which the tax herein levied has been paid,
shall not be required to pay the additional amount of
two and one-half cents on each twelve fluid ounces'or
fractional part thereof; provided, however, that in
order to obtain this exemption such retailer must, on
or before the 15th day of each month, file with the
City Clerk of the City of Fairhope, Alabama, a sworn
written statement showing every purchase by such re-
tailer during the preceding calendar month, and as well
the name of the wholesaler, distributor or jobber from
whom the same was purchased, the amount of each purchase
and the date of each purchase.
(c) Three -fifths of the proceeds of the tax levied
hereunder shall be covered into the City Treasury and
may be used for any municipal purpose. Two -fifths of
the proceeds of such tax shall be covered into a fund
designated as the "Fairhope Recreational Fund" and shall
be used for the acquisition of lands, building and
equipment and facilities for -recreational and park
purposes and for maintenance, development and operation
of recreational facilities and public parks, for the City
of Fairhope and its people.
SECTION 5. POLICE JURISDICTION. There is hereby
levied upon every person, firm, corporation -or assoc-
iation engaging in business as a wholesaler, distributor,
jobber or retailer of malt beverages of an alcoholic
content not in excess of 410 by weight and 5% by volume,
ulthout the corporate limits of the City of Fairhope
but within the police jurisdiction thereof, a license
or privilege tax in an amount equal to one-half the
amount of the license tax levied for engaging in such
business -within the corporate limits of the City of
Fairhope, namely: one and one-fourth cent on each
twelve fluid ounces or fraction thereof of such malt
or brewed beverages, such license to be paid for in the
manner and at the time and place herein specified for
engaging in such business within the corporate limits
of the city of Fairhope, and such persons, firms,
corporations or associations engaging in such business
shall be subject to all of the other provisions of
this ordinance applicable within the corporate limits
of the City of Fairhope. '
Three -fifths of the proceeds of the tax levied
hereunder shall be covered into the City Treasury and
may be used for any municipal purpose. Two -fifths of
the proceeds of such tax shall be covered into a fund
designated as the "Fairhope Recreational Fund" and
shall be used for the acquisition of lands, buildings,
and equipment and facilities for recreational and park
purposes and for maintenance, development and operation
of recreational facilities and public parks, for the
City of Fairhope and its people.
SECOND: This ordinance shall become effective on the
day of 1957.
Adopted on theI <01day of -4 1957•
Clerk
Approved this _ day of
1957;
FGyor
0
We, the undersigned Youth of Fairhope, would like to thank
the City Council, the Recreation Committee, and the Voters of
Fairhope for their part in initiating a Recreation program in
Fairhope.
It is our understanding that there are petitions already
circulating to stop the passing of a Beer and Cigarette Tax
even though the voters recommended this.
We also understand that there were write-in votes for the
taxing of soft drinks so that we, the Youth, would finance our
own program as we are the greatest spenders for soft drinks.
We the undersigned, will heartily agree with this as we
realize the great benefit we will receive from this program and
we will not mind paying an extra penny for soft drinks; however,
we dolnot feel that this should take a precedent over the other
tax as we are still considered Juveniles and are considered the
responsibility of adults until we are twenty-one. We feel that
it should be cooperative tax between the Youth and Adults as
both will benefit.
We wonl# be pleased to Have you pass o* the bill that the
voters expressed their desire to have passed and to consider
soft drinks also so that no one can say that the Youth are
not helping.
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YES & 6
NO 14
BEER & TODOACCO
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A � 3
50I North Church St
Match 20--57
Board of Selectmen of Fairhope
Dear Sirs
Three months ago I sent you a report of the present drainage
conditions on North Church St to which I have recieved no reply.
The damage done during the last administration to.the private
roperty on this street will not reflect very well on the city of
airhope if this matter has to be taken into court.
During the last 6 years I have spent over 0 150 trying to
co-operate with you in keeping the waterxlzam turned into my land
from the streets above, flowing,so that it would empty into the
dam below.
When the street war paved last spring the owners of the land
on both sides of me ( Rapp and Tuveson) refused to pay to have the
drainage pipes from the adjoining Colony land continued across
their propety on North Church. As my land is wedged between these
2 plots it was useless for me to have pipes open at both ends laid
across my narrow plot. To avoid being sued, the city then
collaborated with the Colony to place a large concrete drain into
the Tuveson, Duncan and Rapp land. At the -same time it dug, across
these 3 70 ft lots, at edge of paved road, -a mud ditch so shallow
that it is continually clogged and pools form which I clear by hand
as far as possible, but which remain on the adjoining properties,
Bor days at a time.
The part of the drainage turned off the road into our p=
property now has not force enough behind it to run on through, except
when accompanied by heavy rains. The result is stagnant, mosquito -
breeding pools which, last September and October made this area
practically uninhabitable.
The enclosed bill is my final attempt to cope with this and
I request that the city not only pay it but send a responsible
person down here to inspect it and suggest any improvement which can
still be made. I have lined the entire 70 feet with sheets of tin,
with a dam at each end. The drainage still collects in pools but I
am hoping that with only tin beneath the mosquito larvae will not
be able to propogate., but I wish this investigated NOW before the
hot weather comes. My neighbors have not In 6 years done one thing
to cooperate with me and the erosion on their own land is of course
a large part of the trouble, as the slant to keep the water running
lessens every year.
I ask to have this bill paid- by the city and for your
cooperation, since ,the situation is' now' entirely the result of the
damage deliberately made by the city. One of'my neighbors refused to
pay the $ 91 eharged'for the paving of this road, but I paid it at
once and I ask for an equal consideration on your part.
Sincerely 1
WALTER O. POSER PHONE WA 8.8389
ELEANORE H. POSER
POSER PR ING
FAIRHOPE , ALA.
March 14, 1957
City of Fairhope
rairhope, Alabama
Gentlemen:
In accordance with your instructions a census of the
population living in the city of Fairhope has been
completed and follows:
White Adults 2.1903
White Children 1, 1Y04
White Total 4,307
Colored Adults 174
Colored Children 147
Colored Total 321
TOTAL 4,628
I declare this to be an accurate count a; near as is
humanly possible.
Sincer
a&/a 1
i r
7.000 SQ. FEET FLOOR SPACE - COMPLETELY Al. CONDITIONED
C cunciIman McDaniel moved that the rules be suspended and unanimous consent
be given for irrmediate consideration of and action on said Ordinance which
motion was seconded by Councilman Fleming an.d upon the w otion bein^ ' to
vote the following vote was recorded, Voting Yes: Councilmen Belew, Fleming,
iAcDan i el s„ puff I ec. and Shu I 1, Voting No; None They tAayor thereupon dec I ared+
that the motion for unanimous c-;nsent for immediate consideration of and
&Mien on said Ordinance had been unanimously carried. Councilman Belew
thereupon moved that the said Ordinance be finally adopted which motion r:as
seconded by Councilman Sltu f l -and upon the motion being put to vote the follow—
ing vote was recorded: Voting Yes: Councilmen Belew, Fleming, McDaniels,
Ruffles and Shull, Voting No: None. The Mayor then announced that the notion
for adoption of said Ordinance had been unanimously carried and signed the same
in approval thereof.
It` was duIy moved and seconded that the meeting adjourn. Moti^n carried.
Approv^d' Z��
,r
mayor
C i ty C I erk