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HomeMy WebLinkAbout12-14-1959 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Council of the City of Fairhope met in regular session at the City Hal 1 , !Monday, L)ecember 14, 1959 with the following members present: Mayor E . B. Overton, City Manager C . B. Niemeyer, Counc i I men: C. F . Belew, M. 0. Serglin, 67. 0. Poser, Wm. R. Ruffles, Jr. and B. L. Shull. Motion by Councilman Berglin seconded by Councilman Shull that the minutes of the previous regular ne eting be approved as read. Motion carried. Mr. Raymond Dominey, C. P. A., met with the Council to answer any questions pertaining to the annual audit. Motion by Councilman Ruffles seconded by Councilman Shull that $5,000.00 out of the General Obligation W & S Bond and Interest Account be paid to the C ounty on the Fig Street paving. Motion carried. Mr. Warren Stearns requested that Church Street between St. James and Morphy be opened to traffic except for one hour while school opens and closes. A petition was presented and placed on file. Motion by Councilman Ruffles seconded by C ouncilman BeIevt that the Mayor be authorized to sign letter to Baldwin County Eastern Shore Hospital Board Qonf i rm i ng the C i ty Counc i I' s Resol ut i on adopted on the .25 -4, day of , 1954 pertaining to the Thomas Hospital and the letter made a portion o the minutes of th$s meeting. Moticn carried. Mr. Ray Hoye requested that the City open Blue Island Avenue,. the City Manager was requested to secure bids on cost of same. Mr. Ernest Ball,ey requested the City to vacate the following Streets in the Green Sub -division. k"ap I e from Hoy I e to Oak Lee from Hoyle to Gayfer MagnoI i a or VJ i I son from Hoy I e- to G'ayfer Oak Street from Ingleside to Maple. Request held for next regular meeting of the Council. M'oti;n by Councilman Posef seconded by Councilman Belew that the City repair the fol I ewi ng driveways: under the supervision of Mr. IIngram, Councilman Shu I I and C i ty Manager C. B. N i e-neyer: Mr. H i fner and Mr. Brown i ng on Sea C 11 ff . Mr. Basin £- Mr. Hirt on Kumquat Mrs. Amy Parker on Fig Street Mr. Tunstall cn Pier Street. Moticn carried. Motion by Councilman Shull seconded by Councilman Poser that the City issue, �o d_ 0warrants to the General Obl igation Water and Sewer Bond and Interest to cover balance due on 1958 St. Improvement including the City's portion of Fig Street. Motion carried. A letter from Mr. C. Baldwin concerning parking on Highway 98 from Morphy to Fels was read and placed on file. Motion by Councilman 9crglin seconded by Councilman Shull that the bill of Estate of VJ. C. Beebe in the amount of 3750.00 for Trading Stamp Ordinance and expense be approved for payment. Motion carried. Motion by Councilman Ruffles seconded by Councilman Belew that the following Resolution be adopted. Motion carried. RESOLUTION BE I T RESOLVED BY THE C I TY C OUNC I L OF THE C I TY CF FA IRHOFE, ALABAMA: 1. That the City..,hereby elects to redeem from Surplus Revenues on hand Bond's Nos. 5-54/562 inclusive maturing February 1, 1975 at par plus accrued interest plus a premium of one year's interest. 2. That the trustee be and is hereby instructed to pay such bonds when pitesented'with funds out of the Surplus Fund of the Natural Gas System. 3. That Watkins, 'Morrow and Company be authorized to negotiate with the Bondholders In an attempt to save tha cost of publishing a notice of redemption but that if such notice must be published, that said Watkins, Morrow and Company, be and is hereby authorized to publish an appropriate notice- of redemption in accordance with the terms of the authorizing ordinance. Motion carried. Motion by Councilman Shull secord ed by Councilman Berglin that the Mayor be authorized to write the -'fate Highway Department stating that the City C ounciI is in favor of Greeno Road being designated as Truck Route for High- way 98 and Highway 89. Motion carried. Motion by Councilman Shull seconded by Councilman Berglin that the final bill of Dixie Laboratories in the amount of 0576..90 for testing and inspect- ion of materials for 1958 street paving program be approved for payment. Motion carried. Motion by Councilman Berglin seconded by Councilman Shull that the final bill of Byrd L. Moore and Co. in the amount of q12,496.93 for engineering services in connection with 1958 street improvements be approved for pay- ment. Motion carried. The following Ordinance was introduced by Councilmen Belew and read to the meeting. CITY OF FAIRHOPE I ORDINANCE NO.x% AN ORDINANCE TO ASSESS FOUR DOLLARS and 35/100 DOLLARS ($4.35) PER FRONT FOOT OF THE COSTS OF THE CONSTRUCTION OF THE IMPROVEMENTS DETERMINED UPON, AUTHORIZED AND ORDERED BY "STREET IMPROVE— MENT ORDINANCE OF JULY 14 1958, NUMBERED 254", DULY ADOPTED JULY 14, 195A, AND ORDINANCES SUPP- LEMENTAL THERETO, IN FAIR PROPORTION AGAINST ALL OF THE LOTS AND PARCELS OF LAND LYING ALONG AND ABUTTING ON THE STREETS IMPROVED, SERVED OR BENE-• FITTED, PROVIDED THAT SUCH ASSESSMENT SHALL NOT EXCEED THE INCREASED VALUE OF SUCH PROPERTY BY REASEON OF THE SPECIAL BENEFITS DERIVED FROM SAID IMPROVEMENTS: TO AUTHORIZE, DIRECT AND ORDER THE PREPARATION OF THE "ASSESSMENT BOOK FOR LOCAL IM— PROVEMENTS" AND TO PRESCRIBE THE MANNER OF PRE— PARING AND FORM FOR THE SAME: TO PROVIDE FOR THE DELIVERY OF THE SAID BOOK UPON COMPLETION TO THE CITY CLERK: TO DESIGNATE THE CLERK AS THE PERSON AND TO AUTHORIZE HER TO MAKE COLLECTIONS OF SAID ASSESSMENTS: TO PROVIDE FOR THE GIVING OF NOTICE OF THE COMPLETION OF SUCH ASSESSMENT BOOK AND OF THE MEETING OF THE COUNCIL TO HEAR AND DETERMINE ANY OBJECTIONS OR DEFENSES TO SUCH ASSESSMENTS AND TO PRESCRIBE THE FORM FOR SUCH NOTICE: TO PROVIDE FOR A MEETING OF THE COUNCIL TO HEAR AND DETERMINE ANY OBJECTIONS OR DEFENSES THAT MAY BE FILED TO SUCH ASSESSMENTS OR THE AMOUNT THEREOF, AND TO GIVE THIS ORDINANCE AN OFFICIAL DESIGNATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAM, AS FOLLOWS: Section I. That the improvements, consisting of the filling, grading, leveling, graveling, paving, sidewalking, curb- ing, guttering, draining and the construction of storm water sewers or drains or lateral storm sewers in connection with such improvements for the purpose of properly draining the portions of streets so improved and the property abutting thereon, together with all necessary appurtenances thereto, within the corporate limits of the City of Fairhope, as herein determined upon, order— ed and authoriz9d by "Street Improvement Ordinance of July 14, 1958, numbered 254", duly adopted July 14, 1958, and all ord— inances supplemental thereto, having been finally ordered, con— structed, completed and accepted, that Four and 35/100 Dollars ($4.35) per front foot of the costs of completing said improve— ments be and the same is hereby assessed against all the Iota or parcels of land lying along and abutting on the streets so improved, to the extent of the increased value of such property by reason of the special benefits derived from such improvement; provided, however, that in no case shall any assessment against any lot or parcel of land be greater than the increased value of such lot or parcel of land by reason of the special benefits de— rived from such improvement. Section 2. That the Mayor be and he is hereby authorize and instructed to cause to be prepared a Roll or List showing the names of the property owners, and opposite each name a description of each lot or parcel of land proposed to be assessed for such im— provement belonging to such owner or owners, and the amount pro— posed to be assessed against each lot or parcel of land; such list shall be entered in a well bound book or loose—leaf book firmly bound, prepared for that purpose, and shall contain appropriate columns in which payments may be credited and the lien of the assessment satisfied by the proper officer of the municipality; said book shall be known as the Assessment Book for Local Im- provements" and shall be a public record and no error or mistake in regard to the name of the owner shall be held to invalidate any assessment, and it shall be sufficient if the name of the person in shose name such property was last assessed for taxes for state taxation is shown in said book. Section 3. That after the completion of the proper entries of each improvement, said book shall be delivered to the City Clerk, who shall be and hereby is designated as the person authorized to make collection of the said assessments. Section 4. That upon the delivery to the City Clerk of such assessment book, the Clerk shall thereupon give notice by publication one time in the Fairhope Courier, a newspaper published in the City of Fairhope, Alabama, that the Assessment Roll or List has been delivered to her and is open for inspect- ion in the office of the City Clerk, the person authorized to make collection of said assessments; said notice shall also state the general character of the improvements, the terminal points thereof and the streets, alleys, avenues, sidewalks or other highways or portions thereof along which the improvement has been constructed and the improvements made, consisting of fill- ing, grading, leveling, graveling, paving, sidewalking, curbing, guttering, draining and the construction of storm water sewers or drains or lateral storm sewers in connection with such im- provements for the purpose of properly draining the portions of streets so improved and the property abutting thereon, together with the necessary appurtenances thereto; said notice shall also describe the streets improved, served or benefited by the said improvements by naming the streets, alleys, avenues, sidewalks or other highways and shall specify and set forth a time and place not less than twenty (20) days from the date of publication of such notice at which the Council shall meet to hear and de- termine any objections or defenses that may be filed to such assessments, or the amount thereof; said notice shall be in substantially the following form, viz: NOTICE. Notice is hereby given that the improvements' as determined upon, ordered and authorized by "Street Improvement Ordinance of July 14, I,'-)jB, numbered 254", duly adipted July 14, 1958, and Ordinances Supplemental thereto, have been con- structed, completed and accepted by the Town of Fairhope; that the General Character of such im- provements is the filling, grading, leveling, graveling, paving, sidewalking, curbing, gutter- ing, draining, and the construction of storm water sewers or drains or lateral storm sewers in con- nection with such improvement four the purpose of properly draining the portions of streets so im- proved and the property abutting thereon, together with all necessary appurtenances thereto; that the said streets, alleys, avenues, sidewalks, or other highways or portions thereof along which said improvement has been constructed are as follows: I. Grand Avenue from present paving to North Mobile Avenue. 2. Liberty Street from Pecan to Nichols. 3. Pier Street From Church to Pomelo. 4. Kumquat Street from Pier to dead end. 5. Sea Cliff Drive from City limits South. 6. Gayfer-Bon Secour to Greeno 7. Gayfer Court -Section Street West. 8. Satsuma -Nichols to Pier. 9• Fig -Mobile Avenue East to City Limits. 10. N., Mobile Avenue -Grand to Pensacola, 11. Pinecrest-Church Street 'hest to present paving. Including all street, avenue and alley intersections and public places; All as per plat filed in the office of the Judge of Probate of Baldwin County, Alabama. That the Council has assessed $4- 35 per front foot of the costs of such improvements against all the lots or parcels of land abutting on the afore- said streets, alleys, avenues, sidewalks and public highways, to the extent of the increased value of such property by reason of the special benefits de- rived from such improvement; provided, however, that in no case shall any assessment against any lot or parcel of land be greater than the increased value of such lots or parcels of land by reason of the special benefits derived from such improvement; that the "Assessment Book for local improvements" covering such improvement and assessments so made has been completed and delivered to the undersigned as City Clerk and is open for inspection In the office of the City Clerk, the person authorized to make collection of said assessments; that the Coun- cil will meet at the City Hall in the City of Fair - hope at °� o o'clock P. M., on the 4� , day of ,19 6 o , to hear and determine any obj tions or efenses that may be filed to such assessm? , or th amount thereof. Dated this the day ofo� As Clerk of the Citf of Fairhope, Alabama Section 5. That the Council meet at the City Hall in the C i t of Fa i rhope, Alabama on the /day of , I y�� , at o'clock P. M. , to hear and determi9. any ob ctions or defenses that may be filed to such assessment , or the amount thereof.. Section 6. That this Ordinance is hereby termed, de- signated and shall be known and may b cited as "Street Improve- ment Ordinance of the day of - ,19�, numbered '� n Councilman Poser 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 Berglin and upon being put to vote the following vote was recorded: V nting for:: Mayor Overton, Councilmen: Belew, Berglin, Poser, Ruffles and Shull. Against: None. The Mayor there- upon declared that the motion for unanimous consent for immediate considers- ticn of and action on said Ordinance has been unanimously carried. Councilman Shull 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 was recorded; Voting Fcr: Mayor Overton, C ouncilman: Belevr, Berglin, Poser, Ruffles and Shull. Against: None. The Mayor teen announced that the motion for adoption of said Ordinance had been unanimously carried and signed the same in approval thereof. The bill of Byrd L. Moore and Company for engineering services on Magnolia, Bancroft, Johnson and Bellangeo Streets in the amount of 441,.714.67 was rejected by the C i ty Counc i I . Motion by Councilman Belew, seconded by Councilman Poser that the Police force be given & 5;� increase in salary retroactive, to Cc tober 1, 1959. Motion carr-i ed. Motion by Councilman Shull second gd by Councilman Belew that the following bills be approved for payment: Motion carried. General mound: Fa i rho;:e Sory i ce- Center McKean Paint and Hdwe. Moore Supply Co. Greer's #18 Garden Con ter John V. Duck Western Lumber and Supply ':extern Auto Associate Stnre Riviera Utilities Day Supply Co. Forbes Electronic Dist. F, i rhore C our i er Esgey Surplus Sales: Tra11way Oil Co. Gaston Motor Co. Klumpp Motor Company Southern Auto Parts Ray Brooks Mach. Co. Poser Printing Co. Jansen Mfg. Co. N i x I- Cummings Standard Equ i r . Co. Radcliff Gravel Co. Foley Tractor Co. a i rhope Machine Works Fairhope Pharmacy Mader Bearing Co. Coastal Concrete Co. Gooc;year Tire and Rubber Co. Jno. S. Huffman Jno. S. Huffman Maury Wharton Ins. Panther Oil and Greasy Co. "+a I ter K i dde Sales u Service M.cl ton' s Garage Sanck Bar Central Restaurant Virgil Herston 0 2.00 13.76 27.63 21.26 13.10 7.50 13.85 95.65 2.33 5 0.5'-� 25.80 3.64 9.36 3.25 51.99 10.00 14.66 410.28 37.15 21.23 6.12 13.00 189.00 Ij.79 5.00 2.30 7.16 151.19 111.65 100.00 3.85 218.65 123.85. 8.85 42.15 54.22 15.05 20.00 Electric: McKean Paint and Hdwe. 3.11 Riviera Utilities 8'1359.73 Fairho^e-Hdwe. &r Supply 5.18 Gaston ',lotior Co. 7.23 Nix & Cu,"Ings 110.25 tit. E. Duncan Co. 266.39 Hatfield and Co. 674-37 'Aaury-'tharton 80.06 Moore Handley Co. 797.00 Gay Sund: Ruffles Co. 269.51 Mc'^an Paint Hdwe. 7.90 Standard Equipment Co. 34?•33 C . L. Rousseau 4B.50 Ope 1 ika Foundry Co. 109.13 Muel Ier Co.. 57.88 B. F. Goodrich 86.17 Donald Mills. 50.00 Marine Cpecialty Co. 288.87 Steele and Assoc. 78- 75 Central Plastics Dist. C6. 69.30 Ga. Fla. Ala. Traes. 10.17 United Gas Pipe Line Co. 10,061.04 Motion by Councilman Shull seconded by Councilman Belew that the City Manager set up list of charges for trash pick—up to cover cost of same, charge to be effective January 1, 11960. Motion carried. Motion by Councilman Shull seconded by Councilman Belew that the contract with Spanish Fort, 2nd Addition, be rejected. Motion carried. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved Mayor Atfest:� C i ty u l erk Bal DIRECTORS PAUL C. ANDERSON JOHN M. BEASLEY H. B. BOOTHE DAVID B. FULLER BEN F. HAMEL MRS. F. WAYNE HUGHES VINCENT J. KLEIN T. L. McCANN PAUL D STRICKLAND. JR. n County Eastern Shore Hospital Post Office Box 358 Fairhope, Alabama December 14, 1959 City Council City of Fairhope Fairhope, Ala. Attn: Honorable Ed Overton, Mayor Gentlemen: rd The minutes of your meeting of the City Council show the following: Motion by Councilman Poser, seconded by Councilman Belew that the following resolution be adopted: IVlotion carried. Whereas, Baldwin County, acting through and by its County Commission has or will appropriate the sum of �100,000.00 toward the construction of a public hospital at Fairhope, Alabama: Now therefore, be it resolved by the City Council of the City of Fairhope, that in consideration of such appropriation by the County of Baldwin, the City of Fairhope does hereby promise, agree and bind itself for a period of two years after completion of such hospital to pay any deficit in the cost of operation and maintaining ; such hos- pital, not to exceed the sum of 10,000.00 in a.ny one of such two year period. The Board of Trustees for the Thomas Hospital wishes to take this opportunity to formally accept the generous offer as set forth in the above copy of your minutes. This offer has been a great inspiration to the members of the Board and also to the thousands of donors who have contributed not only money but much time and effort toward the realization of this hospital in Fairhope. Your 100% cooperation as shown here is one of the many reasons why Fairhope is a better place in which to live. As you all know, construction of the hospital has almost reached the half way mark, and following procexdures as set up under the Hill -Burton Act, the Board is now ready to sub- mit its minimum requirements equipment list for approval by the State Health Department. The Board., of course, must show financial .responsibility and we here are relying on your committment in order to comply with the requirement whereby funds must be available for a possible two year operating deficit. r December 14, 1959 (Page two) City Council City of Fairhope Fairhope, Ala. As we understand it, the Council has agreed that the City of Fairhope will make up any deficit which ma- occur with the cost of operation and maintaining the hospital to the extent of '10,000.00 during each of the first two irears following completion of the hospital. lie would appreciate your indicat- ing the correctness of our understanding in this regard by signing in the place indicated and returning to us the two (2) enclosed copies of this letter. Very truly yours, Board of Trustees Thomas Hospital Fairhope, Ala. b y ha irman Approved I*'�- , 1959 City Council City Council of Fa'rhope, Alabama b y as i t s 4 THE CITY i C. B. NIEMEYER, CITY MANAGER E B. OVERTON. MAYOR COUNCILMEN- CHARLES F. BELEW MARVIN O. BERGLIN WALTER O. POSER WM. R. RUFFLES, JR. BARNEY L. SHULL S WATERWORKS, ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SE SYSTEM MARIE MOORE, CLERK CITY OF [AIHHOPE PHONE WA 8-9511 FAI//I�RH7OPE, A//LABAMA October 16, 1959 D. C. JOHNSON. CHIEF OF POLICE WATER AND SEWER BOARD A. C. MANNICH, CHAIRMAN R. ROY MOYERS R. R. TEAMER WM. R. RUFFLES. JR. GEORGE DYSON. SUPT City of Fairhope Fairhope, Alabama This is your authority to install natural gas main lines at Lake Forest Sub -division with the understanding that I will pay the total cost upon completion. LAKE FOREST, INC. Gillette Burton , l v 4 Ocl 1 ter d�f 'Ali bope ` 'fe lr.;p4`i, Alibi { #s is yo�zr nt oPtty ;to i'tu�tall nwthj�sl' + a� i1iin P: , Sub dit�li bit ro ther t darsta�di,a� A z havisIaVr111 aFotil tto p y .„ �Ch tol coal upon' co1Rtl�A: ; r S. " Gillette .,�u ton r - r , t � , r r P: } j .a. , r r F ••h } t a ' f eR i_ �'- 'i. ! .. ��_ � '..,.' . .- .. .x •e.. ., r e •r.ti o 1, .I !' ♦. ..ti � .. - .. ,J1 G J LAKE FORE SWII%��,/ •,. P. GOVERNMENT STREET 'l./ P. O. BOX 411, MOBILE, ALA. PHONE: HEMLOCK 3-8486 December 1, 1959 City of Fairhope Fairhope, Alabama Gentlemen: This is to authorize you to make collections for water and gas connections in Lake Forest, and to hold them in escrow until such time as a public utilities board if formed for the handling of the Lake Forest utilities. Hoping you find this satisfactory, I remain, GB: ja Yours sincerely, &I W111 q 1 ffiv ffi"� 0 - �-v � Gillette Burton