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HomeMy WebLinkAbout06-23-1958 Regular MeetingSTATE OF ALABAMA County of Ba I d.wJ n The City �- ounciI of the �,ity of Fairhope met in regular session at the City Hall, Monday, June 23, 1958 with the following members present: Mayor E. B. Overton, City Manager C. B. Niemeyer, Councilmen: C. F. Belew, M. 0, Berglin, W. 0. Poser, W. R. Ruffles and B. L. Shull. The minutes of the previous regular meeting were read and on motion by Councilman Shull seconded by Councilman Berglin were approved as read. Motion carried. Mr. Ed Kahalley, Representative of Alabama Life and Casualty Ins. Co. met with the Council in regards to group insurance for employees. It was agreed that a survey be made of the insurance employees now have and whether they would be interested in additional insurance. Motion by Councilman Poser seconded by Councilman Shull that the City Beer Permit of Percy Dale at Small Paradise be revoked. Motion carried. Councilman Shull introduced the following Ordinance to be knouts as Parking Meter Ordinance which was seconded by Councilman Berglin. ORDINANCE NO. � � 3 AN ORDINANCE PROVIDING FOR THE INSTALLATIO14 OF PARKING METERS AND ESTABLISHING REGULATIONS FOR THEIR USE AND OPERATION. BE IT ORDAINdED BY ThE CITY COUn'CIL OF THE CITY OF FAIRHOPE: SECTION 1: That for the purpose of this ordinance the following terms shall have the following meanings respectively ascribed to them in this Section, unless the context otherwise indicates: a. The word ItVehicle" shall mean and include any automobile, truck, bicycle, motorcycle, as well as any and all other instruments and devices, whether or not the same has wheels, in, upon or by which persons or property is or may be transported upon the highways. b. The word "Street" shall mean and include any public street, avenue, road, boulevard, highway or other public place located in the City of Fairhope, and established for the use of vehicles. c. The word "Person" shall mean and include any individual, firm, co -partnership or corporation. d. The word "Operator" shall mean and include every person who shall operate, drive or be in control of any vehicle upon any street. e. The word "Park" shall mean the standing of any vehicle, whether occupied or not, upon any street or other place covered by this Ordinance for a period of time greater than is reasonably necessary for the loading or unloading of persons or materials. SECTION 2: The municipal waterfront parks within the City of Fairhope are hereby established as zones to be known as "Parking Meter Zones." The Mayor is hereby authorized and directed to prepare within such parking meter zones sufficient areas for parking vehicles and to cause the same to be put into proper condition for parking of vehicles and to so indicate such zones as to clearly show that they are set aside and established as r 7 parking zones, and to cause parking meters to be installed and parking meter spaces to be designated as herein provided. The Mayor may add to, change or abandon said parking meter zones or portions thereof, and in doing so he shall be guided and governed by location, traffic conditions, the demand for parking space, the congestion of traffic, the use of the streets, and other portions of such municipal waterfront park areas. SECTION 3: The Mayor hereby is directed to provide for the installation, regulation, control, operation and use of the parking meters provided for in this ordinance and to maintain said meters in good workable condition. The Mayor is hereby authorized and directed,to provide for the erection of one or more parking meter penalty pay stations at or around the Fairhope Casino, together with envelopes for receiving penalties as hereinafter provided in Section 13. The said Mayor further is authorized and empowered to enter into a contract or contracts for such parts and maintenance of said parking meters as may be necessary to maintain the same in good operating condition, and to pay for such parts and maintenance exclusively from the receipts, funds and revenues received from the operation of said parking meters. SECTION 4: All parking meters installed in the parking meter zones established as provided in Section 2 hereof shall be placed immediately adjacent to the individual parking spaces here- inafter described. Each parking meter shall be placed or set in such a manner as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter shall be installed and set to display, upon the de- posit therein of a coin of the United States, a signal indicating legal parking for the period of time allowed for such respective amount, and shall continue to operate from the time of the deposit of such coin therein until the expiration of the time allotted for such coin. The denomination of the coin or coins to be deposited in each meter shall be designated upon the meter. Each meter also shall be so arranged that, upon the expiration of said allotted time, it will indicate by a mechanical operation and the exhibit of a proper signal that the lawful parking period has expired. SECTION 5: The Mayor shall have sufficient space allotted to each meter as required for parking, to have each meter's park- ing space so designated and separated that each vehicle in parking shall use the space set aside for the meter at which the vehicle parks. SECTION 6: When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk or other provided abutment, any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle shall be along -side of and next to the parking meter. When a parking space in any parking meter zone is diagonal to the curb or sidewalk or other provided abutment, any vehicle parked in such parking space shall be parked with the foremost part of such vehicle directed at and next to such meter. SECTION 7: When any vehicle shall be parked in any space along -side of meters or directed at such meters as provided in this 01 ordinance, the operator of said vehicle, upon entering the said parking space, shall immediately deposit or cause to be deposited in such parking meter a coin or coins of the United States designated for that particular meter, and at once shall put said meter into operation as thereon directed, and the said parking space may then be lawfully occupied by such vehicle for the period of time which is prescribed for the amount deposited. If said vehicle shall re- main parked in any such parking space beyond the parking time limit allotted for the coin or coins inserted in said meter, the parking meter shall display a sign or signal showing illegal parking, and in that event such vehicle shall be considered as parked overtime and beyond the period of legal parking time and in violation of this ordinance. SECTION 8: The insertion of the prescribed coin or coins of the United States into any parking meter as designated upon such meter shall allow the occupancy by a vehicle of the parking space in conjunction therewith during the period of parking time which has been prescribed by ordinance for said amount of money and for the part of the Park or street in which said parking space is located. The removal of any vehicle from any such metered parking space before the expiration of the full period of time paid for shall forfeit the unused portion of the time paid for. SECTION: 9: Any person residing within the Police Jurisdiction of the City of Fairhope, upon the payment of 61.00 therefor, may purchase a windshield decal from the City Hall of the City of Fair - hope, exempting his vehicle from the payment of the parking meter rates as herein provided. However, said decal shall not so exempt the vehicle for which the decal was purchased unless the de- cal shall be attached to the windshield of said vehicle, so that the same is clearly visible from the outside of said vehicle. If said vehicle shall have no windshield the exemption sticker must be attached to the said vehicle so that the same is clearly visible from the outside of said vehicle. SECTION 10: It shall be unlawful for any person to park a vehicle within the parking zones established by this ordinance ex- cept in the area set aside for meter parking. It shall be unlawful to park any vehicle on or near the parking area so as to block or hamper free access to and from the area set aside for each particular parking meter. SECTION 11: It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device or thing whatsoever other than a coin or coins of the United States as designated upon the meter. SECTION 12: It shall be unlawful for any person to deface, injure, tamper with, open or will fully break, destroy or impair the usefulness of any parking meter installed under the provisions of this ordinance, other than such opening as shall be done by duly authorized agents, servants or employees of the City of Fairhope in the course of properly maintaining the said parking meters and col- lecting the proceeds therefrom. SECTION 13: Police Officers shall attach to every vehicle parking overtime in violation of the provisions of this ordinance a notice that such vehicle has been so illegally parked and in- structing the operator to report to the Police Department of said City in regard to such violation. However, such operator may in full satisfaction of such violation, deposit his penalty and his copy of the notice in an envelope provided for,such purpose at the station or stations around the Fairhope Casino. Each such person may, by the Saturday following the time when such notice shall have been placed upon such vehicle, pay as the penalty for and in full satisfaction of such violation the sum of $1.00 for each and every offense of overtime parking; but in the event that said penalty is not paid within said period, the cause shall be turned over to the Police Department for collection. SECTION 14: The parking meters herein provided for shall control parking for the period of time from 8:00 o'clock A.M. to 8:00 o'clock P.M. everyday of each week. SECTION 15: This ordinance is intended to and shall be in addition to all other ordinances, rules and regulations concerning traffic, parking and the use of the parks and streets therein, and shall not be taken to repeal any other ordinance or part of any ordinance unless in direct conflict therewith. SECTION 16: Every person who violates or fails to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be fined the amount hereinabove set forth in Section 13 of this ordinance, or any person violating the pro- visions of this ordinance for which the penalty is not provided in Section 13 shall be fined not less than "?1.00 nor more than $100.00; or be sentenced to imprisonment and hard labor for the City of Fair - hope for not more than thirty (30) days, either or both, provided, however, that any person violating Section 12 of this ordinance shall be fined not less than double the damage done to the parking meter installed hereunder, and may be imprisoned and sentenced to hard labor for the City of Fairhope for not more than thirty (30) days. SECTION 17: Each separate section and each separate provision of each section of this ordinance shall be deemed independent and separate from every other section and provision, and the invalidity of any section or part of a section of this ordinance shall not affect the validity of the remainder of said section or the remainder of this ordinance, it being the intention of the City Council of said City to enact -as a law each separate provision here- in, regardless of its relationship to any or all of the other pro- visions, and regardless of the invalidity of.any other provision. SECTION 18: The net proceeds from the operation of parking meters within the parking meter zones as provided in Section 2 of this ordinance over and above the amount paid to the parking meter company in payment for the parking meters installed under this ordinance, is hereby appropriated to the Recreation Board of the City of Fairhope, Alabama, but the same shall not include the pro- ceeds derived from the enforcement of the provisions of this ordinance. SECTION 19: This ordinance shall be in full force and effect from and after the installation of parking meters herein provided. SECTION 20: This ordinance shall be known and may be cited as the Fairhope Parking Meter -Ordinance of June 195$. Approved: Mayor' ATTEST: Clerk "Ok.. 4W Councilman Ruffles moved the suspension of the rules that the Ordinance Might be put upon its final passage, which motion having been seconded by Councilman Poser was put upon its passage with the following result: Voting for the same, Mayor Overton, C ouncilmens Belew, Berglin, Poser, Ruffles and Shull. Against: None. thereupon the Mayor declared the vote unanimous and the rules suspended. Councilman Poser moved that the Ordinance be put upon its final passage which motion was seconded by Councilman Berglin and upon being put to vote the following vote was recorded. Voting for, Mayor Overton, Councilmen: Belew, Berglin, Poser, Ruffles and Shull. Against, None. The Mayor then announced that the motion for adoption of said Ord- inance was unanimously carried. It was agreed that the City install spillway at the Jr. High School provid- ed the School, furnish the material. Motion by Councilman Ruffles seconded by Councilman Shull that the Electric Department donate electricity for the tennis courts. Motion carried. Letter from the Fairhope Single Ta* Corporation concerning paving was read and placed on file. Letter from Mr. Slye concerning beach property was read. Motion by Council- man Poser seconded by Councilman Ruffles that the City Manager approach property owners on beach with the thought of securing permit for parking: meter installation until such time as property is sold to the City of if sold to others, Meters will be removed. Motion carried. Motion by Councilman Shull seconded by Councilman Ruffles that the follow- ing Resolution be adopted. Motion carried. t ._YV RESOLUTION NUI BM WHEREAS, Herbert L. Shinkle and � / ,% others have presented to this Council their signed petition setting forth that the public health and public good require that the following described territory shall be brought within the limits of the City of Fairhope, Alabaama, namely: Beginning at the center line of "ouch Church Street as shown on map recorded in the Office of the judge of Probate of Baldwin County, Alabama, in Map Book 4, Page 83, the sang being th3 center of Second Avenue as shown by original map of I•:agnolia Beach, Fairhope Alabama, as recorded in (Miscellaneous Book 1, Wage 3310 at the point where tha same intersects the present South boundary of tho corporate limits of the City of Fairhope, the same being the North line of the :southwest quarter of the Northeast quarter of Section 19, Township 6 bouth, Rangge 2 Last, and which point f s also north 37° 13' Lust 1b53 feet and North 5753 meat 20 feet from tha center Section 19 Township 6 South, Range 2 East, run thence South 37b 17' t,est a distance oil 425 feet, core or less, along the said center line of Church Street to a point 20 feet South 57° 43' East from the voutheast corner of Lot 9 of the Re -Subdivision of Block 43 of i,,agnolia Beach Addition to the Town of Fairhope, according to map thereof racorded in the Office of the Judge of Probate of Baldwin County, AlabE;rya, in Lap Book 4 at pame 83, run thence north 57° 431 Crest a distance of 500 feet, more or leas, along the line dividing Lots 9-12 and 13 -16, both inclusive, and the extension of said line, to a point where the extension of same intersects the South boundary of the corporate limits of the City of Fairhope, the some being the North line of the .southwest quarter of the Northaost qunrtar of Section 19, Township 6 South, Range 2 East, run thence East 775 feet, more or less, along the said -ouch boundary of the corporate limits of the City of Fairhope to the point of beginning, all lying, being and situated in the Southwest quarter of the Northeast quarter of Section 19, Township 6 South, Range 2 U'ast Baldwin County, Alabama, all as shown by that certain map hereto attached marked Exhibit "A", and wade a part of this Resoiution. VMMEAS, the said Herbert L. Shinkle and _ _2- others signers, to the said petition allege therein that each of them reside within and own a portion of the above described territory, that they together own sixty percent or more of the acreage within said territory, that two or more qualified electors reside on each quarter of a quarter, or fractional part of a quarter of a quarter section of such territory, and have resided therein for more than three months next preceding this date, that such territory is contiguous to and forms a homogeneous part of the City of Fairhope, Alabama, and that they each own a portion of the said territory proposed to be annexed and own in the aggregate more than sixty percent of the said 49 f I territory proposed to be annexed; that they have and do by the signing of said petition agree and consent that such territory be annexed to and become a part of the City of Fairhope, Alabama; and proof having been made to this Council of the truth of the matters alleged in such petition; NOW, THEM -FORE, be it resolved that tha City Council of the City of Fairhope that the public health and public good require that the above described territory should be brought within the limits of the City of Fairhope, Alabama. Be it further resolved that the Mayor be,, and he is hereby authorized and directed to certify a copy of this resolution to the Judge of Probate of Baldwin County, Alabama, together with a plat attached thereto showing the territory to be included by the extending of the corporate limits, all in accordance with Article I of Chapter 5 of Title 37, Code of Alabama, 1940, Sections 134 to 131", as amended. day of , 1958, Viayor Approved this the ATTEST: STATE OF ALABAnA BALD@7IIJ COU I, �—�• , I•:ayor of the City of Fairhope, do hereby certify that the foregoing is a true, correct and literal col:y of the Resolution adopted by the City Council of the City of Fairhope at it's regular meeting, June 23, 195$9 relating to the annexation of certain territory to tho City of Fairhope, together with a map of the territory proposed to be annexed to the City of Fairhope. Witness my hand and soal of the City of Fairhope this the „a�,�, �t.d�__ dayof ,__, 1958- (SEAL) —� Mayor -or the uity of Fairhop a, ao III I I 111 ' � , `_•2S _ _ �Z.S ' 1.�, of 76 � I C I I I ! 1 V I I 1 � i I i I I * o5�r►11 I } z I ! lot s �' Not .0\7�, I t I /0 TO THE IiONURABI�E hi�YO;i AND JOUNCIL OF' THE CITY OF FAIRHOPE, ALABAMA: The undersigned respectfully show unto You that the public health and public good require that the following described terri- tory s}:all be Wrought cvithin the limits of the 1]"ity of Fairhope, Alabama, namely: Beairininr at the center line of :iouth Church :street as shown on map recorded in the office of t:;e Judge of Probat{: of _*.aldwin County, Alabama, in Map Book 4, page 83, t.ie same bei nr the center of Second Avenue as .:.own by original neap of Iflagnc li a Beach, Fairhope, Alabama, as recorded in ..iscellaneous Book 1, page 331, at the point w!,ere the same in- tersects the present South boundary of the corporate limits of the ,'ity of Fairl�ope, t:Ie sane being the North line of the Southwest quarter of the Northeast quarter of Section 19, Township 6 South, Re 2 East, and which point is also North 370 13' Easan t 153 feet and North 57° 53 Kest 20 feet from the center of Section 19 Township 6 South, Range 2 East, run thence South 37° 17l ;Oest a distance of 425 feet, more or less, along the said center line of Church Street to a point 20 feet South 570 531 East from the South- east corner of Lot 9 of the Re -Subdivision of Block 43 of Magnolia 3each Addition to the Town of Fairhope, according to map thereof recorded in t'.e office of the _Judge of 'Probate of Baldwin County, Alabama, in i'lap 4 at rage 83, run thence North 57° 53 ;lest a distance o� �OC feet, More or less, along the line dividing Lots 9-12" and 13-16, both inclusive, and the extension of said line, to a point where the extension of same intersects the South. boundary of the corporate limits of the City of Fairhope, the same being the North line of the Southwest quarter of the Northeast quarter of Section 19 Township 6 South, Range 2 East, run thence Last 7�5 feet, more or less, along the said South boundary of the corporate limits of the City of Fairhope to the point of beginning, all lying, being and situated in the Southwest quarter of the Northeast quarter of Section 19, Township 6 South, Range 2 East Baldwin County, Alabama, all as shown by that certain mal.. hereto attacied, narked Exhibit "A", and made a part of t�,.is 'Petition. ;e respectfully show that we, the undersigned, and each of us, reside within and own a portion of the above described territory and together the undersigned own sixty percent of the acreage or more of such territory; that two or more qualified electors reside on each quarter of a quarter, or fractional part of a quarter of a quarter section of such territory, and have resided therein for more than three months next preceding this date, that such territory is contiguous to and for:!:s a homogeneous part of the City of Fairhope, Alabama, and we each agree and consent that such territory be annexed to become a part of the City of Fairhope, all in accordance with Article I of Chapter 5 of Title 37, Code of Alabama, 1940, Sections 134 to 137, as amended. ,' i I I x ;- I l'. „ r_/ 1 y� I, tirgelf� NKi✓" P E r K !f i -7T e+ 1 15 I � r 13 Sa s_ +►_ U d icy s. J 5 37e � Ilk ' 1 ' I r, + a� I won � •. 3 1 1 t9� AO 9� � 1 X 40, STATE OF ALABAI4A BALMIN COUNTY Before rye, the nderstZned It thprity, personally appeared this day _ Q ��'Ic�S C��1ff , who is known to me and who, being by me duly sworn, depos,,s and says that he personally knov,a each of the persons whose names are signed to the foraoing petition, that it is his personal knowledge that two or more of such signers are qualified electors and reside within the said territory, which is a part of the Couthwest quarter of tho i;orthoast quarter of Section 19, Tov.rAship 6 South, Range 2 ..oast, and have resided within such territory for three months or more next preceding this date, that more th:;n sixty percent of the said territory is owned by the persons whose names are signed to the foregoing petition and who have thereby cons3ntod and agreed that the said territory be annexed to the City of Fairhope; that such territory is contiguous to and form: a homogeneous part of the City of Fairhope. Sworn to and subscribed before me this the ,2 day of y 1958. otary/Public, Baldwin( County, Alabama. 'otion by Councilman Belew seconded by Councilman Poser that the City make the necessary repairs on Pinecrest Street. Motion carried. Motion by Councilman Berglin seconded by Councilman Belew that the meet— ing adjourn. Motion carried. Approved Attest ` )City I erk Ma yor