HomeMy WebLinkAbout04-12-1960 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, April 12, 1.960 with the following members presents Mayor
E. B. Overton, City Manager C. B. Niemeyer, Councilmen: C. F. Belew, M. 0,
Berglin, W. 0. Poser and B. L. Shull. Councilman W. R. Rufflesbeing absent.
Motion by Councilman Berglin seconded by Councilman Shull that the minutes
of the previous regular meeting be approved as read. Motion carried.
Mr. Yoas met with the Council in regards to opening the bowling alley
at the Fairhope Casino.
_ A report on the inspection of the Fairhope Casino made by Mr. C. W.
Bledsoe, retired building Inspector of the City of Pensacola, Florida on,
/ April 1, 1960 anda letter from Mr. J. V. Kitchens, State Fire Marshal,
outlining the necessary repairs for the Fairhope Casino were read, discussed,
and placed on file.
The Retail Trade Committee of the Chamber of Commerce requested the
City C ounciI to purchase a modern street sweeper for the cleaning of streets
in the business area. The City Manager was requestedto get prices for future
meeting.
Motion by Councilman Belew seconded by Councilman Shull that the applice-
tion of Mr. J''acobsen to build garage at 415 Fairwood be approved as sub-
mitted. Motion carried.
Motion by Councilman Poser seconded by Councilman delew that the
application of Mrs. Eula Beasley to hang sign on Mobile Avenue be approved.
Motion carried.
read.
Minutes of the meeting of April 8 of the Fairhope Planning Board were
A.rrequest from the U. S. Land Development Corporation to run a natural
gas line to Pined& Island was presnted. Motion by Councilman Shull seconded
by Councilman Belew that the City Attorney be authorized to start negotiations
with U. 9. Land DeWelopment Corporation for natural gas line. Motion carried.
Motion by Councilman Berglin seconded by Councilman Belew that the Mayor
and City Clerk be authorized to sign contract #ith the Town of Loxley for the
sale of natural gas. Motion carried.
Councilman Shull introduced the following Ordinance which was seconded
by Councilman Poser and read to the meetings
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The rules not having been suspended the Ordinance was carri•d over
for adopti6n at the next regular meeting of the City Council.
Motion by Councilman Berglin seconded by Councilman Poser that the
following bills be approved for payment: Motion carried.
General Fund:
Virgil Herston
20,00
Riviera Utilities
2.33
Bay 5uppiq/ Co.
18.51
Western Auto Associate Store
74.41
Ray Brooks Machinery Co.
191.39
Burford-Tobthaker Tractor Co.
23.46
Gaston Motor Co.
16.82
Fairhope Hardware and Supply
5.09
McKean Paint and Hdwe.
6.69
Moore Supply �-o.
8.94
Ma I ter �Iuppl y Co.
40.59
Garden Center
4.31
Delta Exterminating Co.
40.00
Fairhope Clay Products Co.
30.00
Fairhope Laundry and Cleaners
5.25
Southern Auto Parts Co.
Ia.37
Fairhope Service Center
6.50
Western Lumber and Supply
302•90.
kn itxiiimx Forbes Electronics
20.10
Nix a Fleming supply
3•12
Empire Laboratories
33.50
National Weeding Co.
10.00
Waller Bros.
6.48
Poser Printing Company
29.40
B. F. Goodrich
37•00
Office Supplies, Inc.
2-83
Klumpp Motor Co.
30.37
Fairhope Courier
7.25
Ponder Co.
16.00
Fairhope Mocibine Works
30.00
Raidd I i ff Gravel
522.00
Russell I s
45.55
Andrews Rest.
20.00
Mel tons Garage
68.90
General Upholstery Co.
45-00
Goodyear Service Stores
26.74
Q*x Electric Fund:
Riviera: Utilities
7302.48
Turner- Su pp I y C o.
44.16
Gaston Motor Co.
1.26.31
McKean Paint and Hdwe.
5.47
Nix & Fleming
1.78
Vesco Co.
57.46
Standard Equip. Co.
15.43
W. E. Duncan
219.1.2
Goodyear Service Stores
8.93
General Elec. Co.
200.41
Treadgill Body Shop
19.92
Hatfield and Co.
13,65.20
Wagner Body Shop
138.70
John S. Huffman
16.28'
Gulf Oil `'orp.
69.55
Gas Fund:
Gaston Motor Co.
1.72
Ruffles Co.
219.15'
Standard Equip. Co.
683.58
Universal Controls Corp.
710.00
Hands Welding
161.71
Steele and Assoc.
38.61
C. L. Rousseau
113.88
Mue 1t I er Co.
57.94
Southern Pipe Coating Co.
3958.10
0 pe I i Ira F oundry Co.
109.13
Spanish Fort Gulf Station
4.45
Fuel Oi I Supply Co.
4-00
Marine Supply Co.
26.46
Royston Laboratories
74.47
Baldwin Transfer
24.45
Un iAed Gas P i pe Line Co.
I I,8G3.59
G. A. Transportation
r
8.39
Gulf Oil Corporation 43.04
It was duly moved and seconder) that the meeting adjourn. Motion carried.
Approved f _
Mayor
1
Attest:
,L
City Clerk
ORDINANCE NO. :2 6 4
AN ORDINANCE REGULATING THE IMPROVEMENTS OF
STREETS IN THE CORPORATE LIM TS OF THE CITY OF
FAIRHOPE.
WHEREAS, the Planning commission of the City of Fairhope
has heretofore adopted certain regulations governing the sub-
division of land within the jurisdiction of said Planning Com-
mission, and which said regulations contain certain require-
ments concerning the Improvement of streets within the corporate
limits of the City of Fairhope, namely, that roadways in sub-
divisions within the limits of the City of Fairhope shall be
provided with paving, curbing and guttering, all of which shall
comply with the specifications of the regulations, and, said
regulations further provide that no street, except parallel
service streets and cul-de-sacs, shall have a paved width of less
than twenty feet; and,
WHEREAS, the Members of the Council of the City of Fair -
hope deem said regulations of the Planning Commission to be
reasonable, and necessary for the purpose of promoting the
health, safety, and general welfare of the taxpayers and citizens
within the City of Fairhope;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL GF THE CITY OF
FAIRHOPE, ALABAMA# AS FOLLOWS:
SECTION ONE: That hence forth all streets within the City
of Fairhope that are to be improved by any person, firm, corp-
oration, or any governing body, by providing a paving, shall be
provided with a paving, curbing and guttering, which said paving
shall be not less than twenty feet In width, and which curb-
ing and guttering shall be of concrete construction; that all
such improvements shall meet with the minimum requirements as
set forth in specifications of the regulations established.
When any street within the City of Fairhope is Improved by pro-
viding a pavement and curbing and guttering, such streets shall
also be provided with adequate underground drainage facilities
to provide for the drainage of surface waters,
SUBSECTION "A": PAVIN6 SPECIFICATIONS
ALTERNATE NO. I. IJ" ASPHALT WEARING COURSE
5" COMPACTED CEMENT SHELL BASE
ALTERNATE NO. 2.
1J"
ASPHALT WEARING
COURSE
b"
COMPACTED PLAIN
OYSTER SHELL BASE
ALTERNATE NO. 3.
1'"
ASPHALF WEARINU
COURSE
"
COMPACTED SAND SHELL
BASE
ALTERNATE NO. 4.
13"
ASPHALT WEARING
COURSE
"
COMPACTED SAND
CLAY BASE
NOTES:
CONCRETE: Concrete shall oe a 1:2:3-gl mix and shall have 3O00
pounds per square inch compressive strength in 28 days,
Cylinders shall be made and broken at 7 & 28 days.
The Contractor may be required to remove and replace, at no ex-
pense to the City, any concrete not meeting the specifications.
Valley type gutter and combination curb and gutter shall have
expansion joints 301 on centers and contraction joints 10, on
centers.
BASE: In no case shall sand clay base (Alternate No. 4) be used
until the site of the work has been inspected by the City Engineer
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or authorized agent to see if through drainage of the sub —grade
can be obtained.
Sand Clay shall meet Alabama State Highway Department Specifi—
cations (1950).
The Contractor or sub —divider shall furnish the city engineer
borings made by an approved laboratory, showing the thickness
of the base. Borings to be made at distances not greater than
2001 apart,
If the base Is found to be less than the required depth, the
street will not be accepted until the necessary corrections have
been made, or the required thickness obtained as directed by the
City Engineer.
Compaction of sub —grade and base courses shall meet Alabama State
Highway Department Specifications (1950) except that tests shall
oe made at intervals not to exceed 2001 apart
The Contractor may be required to remove and replace, at no ex—
pense to the City, any base not meeting the specifications.
ASPHALT WEARING COURSc: Asphalt surfacing shall be Ij" thick
after Compaction. The Contractor or Sub —divider shall furnish
the City Engineer uorings, made by an approved laboratory, show—
ing the thickness of the asphalt surfacing. Borings to be made
at distances not greater tnan 2001 apart,
If the asphalt is found to be less than the required depth, the
streets will not be accepted until the necessary corrections have
been made, or the required thickness obtained as directed by the
City Engineer.
The Contractor may be required to remove and replace, at no ex—
pense to the City, any asphalt not meeting the specifications.
STREET MARKERS: City Standard reinforded concrete street markers
shall by furnished and erected by owner.
CONCRETE MONUMENTS: Concrete monuments shall be set according
to City Planning Commission Regulations.
TESTING LABORATORY: The Owner shall employ an approved testing
laboratory to make tests. This will in no way keep the City
Engineer from making any additional tests he may deem necessary.
DRAINAGE AND STREET PLANS: Drainage and street plans shall be
prepared by a licensed and registered engineer. The engineer
shall furnish the city engineer a set of proposed street im—
provement plans for approval before any work is started on the
streets. Before the streets are accepted by the City for main—
tenance the engineer shall furnish the city engineer a corrected
set of plans showing any changes made during construction of
the streets.
DRAINAGE: All pipe shall meet A. S. T. M. Standars for the grade
and class of pipe used.
Where the grade of a pipe is less than 0.5;o sand traps 2' deep
shall be constructed in manholes, junction boxes or inlets at
both the upper and lower end of the pipe.
GENERAL: The sub —divider must furnish the city engineer copies
of all test reports made by the laboratory. X
Streets will not be accepted by the city for maintenance until
all requirements have been meto
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"ATTACH DRAWINGS HERE"
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SECTION TWO: The construction of improvements upon any
street within the City of Fairhope, not in compliance with any
provisions of this ordinance, is hereby declared to be a public
nuisance.
SECTION THREE: Whenever any street within the City of
Fairhope has a right-of-way of insufficient width to allow the
construction of Improvements thereon in complaince with the pro-
visions of this ordinance and the specifications of the City
Paving and Street Regulations, then the person, firm, corporation
or governing body proposing to make improvements thereon may
make application to the City Governing Board of the City of Fair -
hope for the right to construct improvements upon such street to a
width of less than the minimum prescribed therein, and should
the Council find that it is impossible or impractical to obtain
additional rights -of -way for said street then they may authorize
the construction of the paving, curbing, and guttering, and under-
ground drainage, in such fashion as to adequately serve the needs
of the public, but of less than the minimums herein prescribed
because of such unusual circumstances,
SECTION FOUR: SUBDIVISION REGULATIUNS.
The following rules and regulations for the platting and
subdivision of property in the City of Fairhope or within the
subdivision jurisdiction of the Fairhope City Planning Commission
in accordance with the Laws of the State of Alabama, Title 37s
Chapter 16, Subdivision Two (2), Sections 798 — 803 inclusive,
Code of Alabama, 19400 are hereby prescribed.
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SECTION FIVE: PURPOSE. The purpose of these rules and
regulations s a be to promote (a) the public health, safety and
general welfare (b) the orderly rowth and development of the City
and lands contiguous thereto, (cl the proper use of land, (d) the
conservation, stabilization and protection of the value of property,
and (e) adequate provisions for necessary utilities and services.
Variations and exceptions from the design and dimensional standards
of these regulations may be made by the Planning Commission in cases
where it is deemed that hardship, topography or other factual
deterrent conditions prevail.
SECTION SIX: DEFINITIONS. For the purpose of these regu-
lations cer a n words and phrases used herein are defined as
follows:
ALLEY - A public right-of-way, less than twenty-one (1 )
feet In width between rear or side property lines, which
provides access to adjacent properties.
CROSSWALKWAY - A public right-of-ways ten (10) feet or more
In width between property lines which provides pedestrian
access to adjacent properties.
CUL-DE-SAC - A minor street having one end open to traffic
and being terminated at the other end by a vehicular turn-
around.
EASEMENT - The quantity of land set aside or over which a
liberty privilege or advantage In land without provlt,
existing distinct from the ownership, is granted to others
or the public.
FINAL PLAT - A. map of the land subdivision prepared following
the approval of the Preliminary Plat, on which are shown
those data listed in Section Eleven.
IMPROVEMENTS - Street surfacing with curb and gutters, side-
walks, cross -walkways, water mains, sanitary sewers, storm
sewers, utilities, street trees and other appropriate items.
LAND SUBDIVISION - Any change, redivision or rearrangement
inthe boundary or division lines of a parcel of land or
public street.
LOT - A portion of a subdivision intended as a unit for
transfer of ownership or for development.
MAJOR STREET PLAN - A part of the Master Plan showing
location and size of principal trafficways.
PLANTING STRIP - A strip of land between the roadway and the
sidewalk or sidewalk site.
PRELIMINARY PLAT - A asap of a proposed land subdivision on
which are shown those data listed in Section Ten.
ROADWAY - The portion of a street available for vehicular
and pedestrian access to adjacent properties.
Major Street - A street of great continuity, existing
or planned, which serves or Is intended to serve as
a principal trafficway, and is designated in th
Street Plan as a limited access high root,
/ or other equivalent term to identify those streets com-
prising the basic structure of the street plan.
Secondary Street - A street of considerable continuity,
existing or planned, which serves or is intended to
serve as the principal trafficway between separated
areas and which is the chief means of access to the
major street system.
Minor Street - A street of limited continuity, ex% sting
or planned, which serves or is intended to serve the
local needs of a neighborhood.
SUBDIVIDER - Any person laying out or making a land sub-
division for the purpose of first sale, offering for first
sale or first selling, or otherwise granting or conveying
for himself or others, any lot In any subdivision or part
thereof.
SECTION SEVEN: GENERAL. REQUIREMENTS.
I. A vicinity sketch or key map at a scale of not more than
four hundred (400) feet to the inch shall accompany the Preliminary
Plat and on such key map shall be shown all existing subdivisions,
streets and tract lines of acreage parcels of land Immediately ad-
joining the proposed subdivision and between it and the nearest
existing thoroughfares. It shall also show how the streets and al-
leys of the proposed subdivision will connect with existing and
proposed streets and alleys in neighboring subdivisions and undevel-
oped property to produce the most advantageous development of the
entire neighboring area. The nearest school, recreational and
other community facilities, shopping center and public transit lines
shall be indicated on the vicinity sketch.
2. The proposed subdivision shal I conform to the Master Plan.
Whenever a tract of land to be subdivided embraces any part of a
Major Street or Secondary Street, so designated in the Major Street
Plan, such part of such proposed public way shall be platted by
the subdivider In the location and of the width indicated in the
Major Street Plan.
3. The street layout of the proposed subdivision shall be
in conformity with a plan for the most advantageous development
of the entire area In Mhich the subdivision Is located. All pro-
posed streets shall be substantially In alignment at the inter-
section with existing, planned or platted streets with which they
are to connect.
(a) Whenever the proposed subdivision contains or is ad-
jacent to a main highway or major street as shown on the
Major Street Plan, provision shall be made for a parallel
service road on each side of such right-of-way and
separated from such right-of-way by a strip at least ten
(10) feet wide. Separation strips shall be provided with
screen planting to give protection from the noise and
lights of the major street; such planting shall be low
at Intersections to permit clear vision.
(b) Proposed streets shall be adjusted to the contour
of the land so as to produce usable lots and streets of
reasonable gradient
(c) Secondary Streets shall be extended to the boundary
line of the tract to be subdivided sufficiently to pro-
vide for normal circulation of traffic within the vicinity
(d) Wherever there exists a dedicated or platted half
street or alley adjacent to the tract to be subdivided
the other half shall be platted. No new half streets or
half alleys shall be platted.
(9) Pawed rear allays'will be required in all business
and indistrial districts. Except where justified by
unusual conditions alleys will not be approved In resi-
dence districts.
(f) Cut -de -sacs shall not exceed six hundred (600) feet
In length except where geography, topography, or other
relation to the street and block layout of the Immediate
vicinity make greater length necessary. Each cul-de-sac
shall be provided with a turnaround not less than eighty-
four (84) feet in diameter of right-of-way at the closed
end.
(g) In front of areas zoned or designed for commercial
use, the street width shall be increased on the side on
which the property for commercial use is located by
fifteen (15) feet to Insure the free flow of traffic with-
out interference by vehicles entering or leaving parking
areas; such space shall be separated from the roadway by
a curb or island. This is not a parking space require-
ment and shall in no way affect or diminish requirements
by zoning ordinance or otherwise for off-street parking
facilities; neither shall fulfillment of thIt requirement
and its acceptance by the Planning Commission be deemed
approval or endorsement of the rezoning of any property.
(h) In group housing or multiple -family housing projects
having more than two (2) families for each sixty (60
feet of street frontage there shall be provided Indented
spaces for off-street parking with one (1) parking space
for each housing unit.
4.
A crosswalkway at approximately the center of the block
may be required in blocks longer than eight hundred (800) feet.
*here the
proposed subdivision has frontage on a major street, In-
sofar as possible the long dimension of the blocks shall front
thereon.
5. Minimum street and alley widths:
(a) Major Streets, as indicated by the Major Street Plan
not less than one hundred (100) feet.
(b) Secondary Streets, not less than sixty (60) feet,
I
(c) Minor Streets (including cul-de-sacs) which cannot
be extended in the future, not less than f fifty (50) feet-
(d) Parallel service streets not less than thirty (30)
feet.
(9) Alleys not Loss than twenty (20) feet.
(f) Crosswalkways not less than ten (10) feet.
6. Minimum roadway or paved widths:
(a) Major Streets, as Indicated by the Major Street Plan.
Paving and other improvements to Major Streets, Boulevards,
Parkways are not required of subdivider.
(b) Secondary Streets thirty-six (36) feet.
(c) Minor Streets Twenty-six (26) feet.
(d) Parallel Service Streets and cul-de-sacs greater
than four hundred (400) feet in length,eightW (18) feet.
Parallel Service Streets and cul-de-sacs greater than
four hundred (400) feet in length, twenty (20) feet.
(e) Cul-de-sac turnarounds seventy-two (72) feet outside
diameter, within twenty (20) foot roadway.
(f) Sidewalks four (4) feet wide in residence districts
and eight (8) feet wide in business districts.
7. Alignment and visibility: Clear visibility, measured
alon the center line, shall be provided for at least three hundred
t3001 feet on Major Streets, two hundred (200).feet on Secondary
Streets, and at least one hundred (100) feet on Minor Streets.
8. Minimum radii of curvature on the center line:
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(a) Major Streets, four hundred (400) feet.
(b) Secondary Streets, three hundred (300) feet.
(c) Minor Streets, one hundred (100) feet.
9. Tangents: Between reverse curves there shall be a
tangent at least one hundred (100) feet long.
10. Intersections:
(a) At street and alley intersections curbs shall be
rounded by an arc, the minimum radius of which shall be
ten (10) feet.
(b) Street curb Intersections shall be rounded by an
arc, the minimum radius of which shall be twenty (20)
feet.
(c) The foregoing miniwum radii shall be Increased when
the smallest angle of intersection Is less than sixty
(60) feet.
..
11. Grades: Street grades shall conform In general to the
terrain and shall not be less than one-half per cent (0,5%) nor
more than five per cent (5%) for Major Streets and not less than
one-half per cent (0*5%) nor more than ten percent (10%) for
Minor Streets.
12* Lots: The size, shape and orientation of lots shall be
appropriate for the location of the proposed subdivisicn and for
the type of development contemplated and shall conform to the fol-
lowing:
(a) Lots for residential use shall be at least sixty (60)
feet wide at the building line, and not less than svv"
' fiend twn hundred— 72M) square feet inarea. ,.
(b) Every lot shall abut on a street.
(c) Double frontage lots, other than corner lots, will
not be permitted except under unusual conditions.
(d) Side lot lines shall be approximately at right
angles to the street line on which the lot faces.
13. Open space other than streets: Due consideration shall
be given to the allocation of suitable areas for schools, parks and
playgrounds to be dedicated for P4blic use or reserved by deed
covenants for the common use of all property owners within the
proposed subdivision. In the interest of public welfare, open
space should be set aside for redreat'lonali uses where the city or
other approved agency will assume responsibility for its upkeep*
Where the tract contains less than forty (40) acres such reservation
for open space shall be combined wherever possible, with similar
reservations in adjoining tracts.
14. There shall be no reserve strips controlling access to
eland dedicated or intended to be dedicated to public use except
when the Planning Commission approves.
15. Above -ground utilities shall be placed on rear property
lines, and where necessary, on side property lines of lots in
easements provided for this purpose; such easements shah be at
least fifteen (15) feet wide, seven and one-half (71) feet on each
side of rear or side lot lines* No building shall be allowed to
encroach on this area.
16. Easements of a width satisfactory to the City Engineer
''shall be provided where necessary for drainage ditches or culverts.
17. Large trees and other natural features shall be pre-
served wherever possible because of their value In soil conser-
vation, health and community well-being; planting strips shall be
provided with live oak or other species of trees planted approxi-
mately sixty (60) feet apart. Trees so planted shall not be of a
low bushy species that would obstruct traffic vision. No tree
shall be planted within forty (4.0) feet of the intersection pro-
perty lines at a street intersection.
SECTION EIGHT: IMPROVEMENT REQJIREMENTS.
I. All improvements shall be constructed in accordance with
the specifications and under the supervision of the City Engineer
of Fairhope, the Superintendent of Water Works, the County Health
Officer or other appropriate authority. Improvements required by
these regulations shall be optional with the subdivider provided
no lot in the proposed subdivision Is less than five -tenths (0.5)
acre in net area; Improvements required by these regulations shall
be mandator for any subdivision having any lot less than five -
tenths (0.5� acre in net area.
2. Roadways In subdivisions in the City of Fairhope shall
be provided with paving, curbing and guttering, all of which shall
comply with the specifications of the City Engineer; provided,
however, that where installation of the curb and gutter would not
be economically justifiable for any reason, then the Planning Com-
mission may grant an exception to the requirement of providing the
curb and gutter, In which event the street right-of-way in such
subdivision shall be provided with paving and drainage ditches
which meet the specifications and requirements of the City Engineer.
3. Necessary facilities for drainage. of roadways and for
drainage of surface water in the subdivision shall be Installed.
Surface water shall be emptied into the city storm sewer system
where such system is reasonably accessible.
4. Crosswalkways shall have paved sidewalks at least four
(4) feet wide. Other sidewalks will be required on at least one
side of the street In new subdivisions and where it Is desirable
to continue an existing sidewalk to a suitable termination point
such as a street. This requirement may be waived where In the
opinion of the Planning commission the value of the property to
be subdivided does not justify the cost of sidewalks. Sidewalks
shall be on the property line.
5• Where a publicwater supply is reasonably accessible as
determined by the City Engineer, the subdivider shall install a
water supply system with a water connection for each lot in the
proposed subdivision and shall connect such system to the public
water supply. Where a private water supply system is Installed It
shall be constructed in accordance with requirements and under the
supervision of the City Engineer and the County Health Officer.
6. Where a public sanitary sewer is reasonably accessible
as determined by the City Engineer, the subdivider shall install
a sanitary sewer system with a connection for each lot in the
proposed subdivision an d shall connect such system to the public
sanitary sewer. Where a private sanitary sewer system is In-
stalled It shall be constructed in accordance with the recp irements
and under the supervision of the City Engineer and the County
Health Officer.
7. The location of water and sewer system connections for
each lot shall be permanently marked on the curb or as otherwise
required by the City Engineerb
8. Reimbursement of the subdivider by the city for Instal-
lation costs of water system and sanitary sewer syston Improvements
shall be in accordance with the then -current policy of the
municipality.
1 9. In Ileu
+submission of the
may accept for the
;pality the actual
ments within such
' s ion.
of the completion of Improvements prior to the
Final Plat for approval, the Planning Commission
city a performance bond to secure to the municl-
construction and installation of such Improve -
time as may be specified In the Planning Commis -
SECTION NINE: THE PRELIMINARY PLAT.
I. Any application for approval of a new subdivision shall
�be considered an application for tentative approval unless express
demand is made in writing that the application be considered for
final approval. Tentative approval by the Planning Commission is
,revocable and does not constitute acceptance of the plat of the
,proposed subdivision; It is to be considered only as approval of
,the design thereof.
1 2. Before any subdivider or his agent contracts for the
sale or offers to sell any subdivision of land or any part thereof
'or Interest therein which is laid out within the corporate limits
3of the City of Fairhope or within five (5) miles of such limits,
jsaid subdivider or his agent shall file four (4) prints of a Pre-
�liminary Plat of said subdivision with the Planning Commission for
fits study, review and recommendations. Such prints shall be filed
with the Secretary of the Commission at least two (2) weeks before
the meeting of the Commission if the plat Is to be acted upon at
such meeting.
3. The Preliminary Plat shall be prepared in accordance
with the regulations herein set out and shall be submitted to the
Planning Commission prior to the completion of the final surveys
of streets and lots and before any grading or construction work
has been started upon the proposed streets and before any map of
said subdivision is made in final form for advertising or recording.
4. The Preliminary Plat shall be checked by the City Engi-
neer, the Superintendent of Water Works, the County Health Officer,
and the Planning Commission.
5. On receipt of reports from the City Engineer, the Super-
intendent of Water Works, and the County Health Officer, and on
I.completion of Its study the Vlanning Commission shall make a report
to the subdvider of its tentative approval or disapproval giving
e (1 ) the specific changes wHch it wi I I require in the Preliminary
Plat, (2) the character and extent of the required improvements,
and (3) the amount of the performance bond which it will require
4in lieu of the completion of the improvements required herein*
1 6. Should the subdivider not submit a Final I✓lat to the
,Planning Commission within one (1) year of the date of the approval
iof the Preliminary Plat, m y approval of the Preliminary Plat
,previously given shall expire.
SgCJ ON EN,: SPECIFIC REQUIREMENTS FOR PREL IM I NARY PLAT.
1. The Preliminary Plat shall be drawn at the scale of one
hundred (100) feet to the inch.
2. The Preliminary Plat shall show:
(a) The proposed name of the subdivision.
(b) Scale, Date, and North Point with label showing Mhether
,north point is true or magnetic.
i
(c) Names en d addresses of the record owner and the holder
of any encumbrance against the property, the subdivider,
and the engineer or surveyor.
A
(d) The tract designation and legal description according
to the real estate records of the city orcounty.
(e) Boundary Lines of the proposed subdivision with
length and bearing of lines.
(f) The locatlons of any streams, water courses or drain.
age ditches.
(g) All parcels of land intended to be dedicated for
public use or reserved in deeds for the use of all pro-
perty owners in the proposed subdivision, together with
the purpose of conditions or limitations of such reser-
vations, If any.
(h) The locations, widths and names of all existing,
platted or proposed streets or other public ways, ease-
ments, railroad rights -of -way , and the location of section
or grant lines and political subdivision or corporation
lines within or adjacent to the tract with distances
and bearings to the nearest official monuments which
shall be accurately described.
i
(1) The lengths and bearings of street center lines,
with central angles, radii or curves, points of curvatur
length and bearing of tangents.
(j) The profile of each street and the location of
proposed bridges, culverts and other provisions for col-
lecting and discharging surface drainage.
(k) The cross section of proposed streets showing the
width of roadways location and width of sidewalks and the
location of utility mains.
(1) Set -back building lines.
(m) The layout, numbers and approximate dimensions of
proposed lots and blocks.
(n) Existing permanent buildings or structures within
or adjacent to the tract.
(b) Contours drawn at not less than two (2) feet
Intervals, using City of Fairhope Standard Datum, except
where not more than four (4) lots are being made of one
( I ) parcel , which parcel is now facing a dedicated street
of the City of Fairhope, in rh Ich event this requirement
for contours may be waived by the City Engineer, if, In
his judgment, such contours are unnecessary*
(p) Names of adjacent subdivisions or land tracts.
(q) The proposed location and type of street lighting
standards and the location and species of proposed street
trees.
3. The Preliminary Plat Shall be accompanied by the follow-
ing:
(a) Statement as to the source of domestic water supply
to be used in the subdivision. If an Independent supply
Is to be used the statement should be supported by
reports as to quality and quantity of water available
and how it will be developed.
(b) Statement as to method of sewage disposal.
I
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(c) Statement as to street Improvements which the sub-
divider proposes to install.
(d) Restrictions which the subdivider proposes to apply,
If any.
SECTION ELEVEN: THE FINAL PLAT.
1. After approval of the Preliminary Plat, the Final Plat
shall be prepared by the subdivider and submitted to the Planning
Commission for examination and approval. It shall be submitted in
the form of an original tracing on tracing cloth twenty (20) Inches
by thirty (30) Inches or a multiple of this slze, together with
,four (4) bluaprint coples thereof.
2. Approval of the Final Plat by the Planning Commission
shall be null and void If the plat is not recorded within thitty
(30) days after the date of approval unless application for an
extension of time Is made In writing during said thirty (30) days
period to the Planning Commission and grantedo
SECTION TWELVE: SPECIFIC REQU I REAENTS OF THE FINAL PLAT.
1. The Final Plat shal I be drawn at the scale one hundred
(100) feet to the Inch.
2. The Final Plat shall show:
(a) All the information required In Section VI (a)
through (1).
(b) All lot and block numbers ad lines with accurate
dimensions in feet and hundredths with bearings and
angles to street and al ley Ilnes.
(c) The accurate location and reference of all monuments
which shall be concrete blocks six (6) inches by six (6)
Inches and thirty (30) inches long, properly centered add
sunk to grade level. Two such monuments shall beplaced
within each block as directed by the City'Engineer.
(d) Certification of engineer or surveyor to the effect
that the plan represents a survey made by him and that
all monuments shown thereon actually exist as located and
that all dimensional and other details are correct.
I (9) Notarized certification by the owners or owner of
the adoption of the Plat and the dedication of streets and
other public areas.
(f) Approval b engineers signature (City Engineer and
County Engineer the Superintendent of Water Works, the
County Health Ufficer and other appropriate authorities
concerned with the specifications and inspection of util-
ity Installations and improvements.
(g) Space for approval of the Planning Commission with
date and s ignatture.
3. The Final Plat shall be accompanied by the following:
(a) A conveyance to the City by fee simple or by easement
of land set aside for parks, playgrounds or other public
use.
(b) An attached letter showing any deed restrictions to
be recorded with the plat, and signed by the owner and
by the holder of any encumbrance against the property.
(c) Performance bond to secure to the City the actual
construction and installation of utilities and improvements,
if required by the Planning Commission.
(d) A check payable to the Fairhope City Planning Com-
mission for the payment of the fee charge for the review
of such plat, which fee shall be determined under the
0 A I P- 0 0 15
following schedulu:
For each lot In
but in no event
by charged;
such plat a fee of
shall a fee of less than ,
And for review of plat which does not contain lots laid
out in the usual pattern but is in reality a review of
acreage within a tract to be used for housing, a charge
of $ per acre shall be made,
SECTION THIRTEEN:
It shall be unlawful and an offense against the City of Fair —
home for any person, firm or corporation, to engage in the constnact-
ion of improvements upon any street within the City of Fairhope,
which said improvements do not meet at least the minimum require—
ments prescribed in this ordinance and in the specifications for
street paving as established by the minimum regulations.
SECTION FOURTEEN:
Any person, firm or corporation found guilty of violating any
of the provisions of this ordinance, shall be fined in an amount
not exceeding the sum of UNL HuNUKEU($IOJ.UU) UULLAHS, and may
also be sentenced to imprisonment in the City Jail, or sentenced
to hard labor for the City, for a period of time not exceeding
six (6) months, one or both, in the discretion of the Court trying
the case,
SECTION FIFTEEN:
The requirements and provisions of these regulations are sev—
erable,•and if any section, paragraph, sentence or portion thereof
be declared void, invalid, inoperative or otherwise inapplicable
by any court of competent jurisdiction, the decision of the court
shall not affect the validity or applicability of tnese regulations,
as a whole, or of any part thereof other than the portion so held
to be void, invalid, inoperative or otnerwise inapplicable.
Adopted this the �S day of 64:/.L ,1960.
CITY OF FAIRHOPE
BY:
ATTEST:
Clt y Clerk
Mayor
E
CONTRACT FOR SALE OF
NATURAL GAS
THIS AGREEMENT, made and entered into this the day
of , 19609 by and between the CITY OF FAIRHOPE,
A Municipal Corporation, hereinafter referred to as FAIRHOPE, and
the TOWN OF LOXLEY, A Municipal Corporation, hereinafter referred
to as LOXLEY:
WITNESSETH:
WHEREAS, FAIRHOPE has natural gas available for sale, and
LOXLEY desires to avail itself of such natural gas,
NOW THEREFORE, for and in consideration of the covenants and
agreements hereinafter contained, it is hereby agreed by and be—
tween the Parties as follows:
ONE
That subject to the terms and conditions hereof FAIRHOPE
agrees to sell and deliver or cause to be delivered to LOXLEY,
and LOXLEY agrees to purchase and receive from FAIRHOPE and pay
FAIRHOPE for all natural gas necessary to meet LOXLEY'S require—
ments of gas for resale and distribution through LOXLEY'S dis—
tribution system; said point of delivery and connection to FAIR —
HOPE'S Main to awde on U. S. Highway Ninety (90) at Malbis Plant—
ation.
TWO
Fairhope shall install and maintain in accurate repair at
the point of delivery herein provided, meters of ample size and
tape for the accurate measurement of the gas delivered by Fairhope
hereunder with volume and pressure recording gauges, and shall
cause said meters to be read regularly.
THREE
The Town of Loxley hereby agrees to pay to the City of Fair —
hope for the price of said natural gas Thirty—four Percent (34%)
over and above the price paid by Fairhope to its Supplier.
FOUR
That Fairhope hereby agrees to refund to Loxley in proportioi
to the gas used by Loxley any refunds that Fairhope may receive
from its Supplier for any increased charges now being made under
bond.
FIVE
It is hereby understood and agreed by Loxley, that Fairhope
Bssumes no liability for decrease in pressure or the gas being
liturned off or on at the point of delivery, or any other cause,
Land that Fairhope assumes no liability whatsoever under this
I
contract.
SIX
The duration of this contract shall be from the date of
�lexecution hereof for a period of ten years, and Fairhope hereby
gives to Loxley an option to renew this contract subject to the
terms and conditions agreed on by the parties at the expiration
of this agreement. Loxley hereby agrees to give to Fairhope at
least sixty (60) days notice of its intent to exercise the said
option to renew.
SEVEN
It is hereby understood and agreed by the parties hereto,
that this contract shall be subject to the approval of the Federal
Power Commission for the re —allocation of natural gas for the
Loxley area, being transferred from Foley, Alabama, to Fairhope,
,Alabama.
EIGHT
Should the Supplier of natural gas to the City of Fairhope
lreduce its quantity of gas to Fairhope for any reason, Loxley
�Ihereby agrees to a cut in its supply from Fairhope, in proportion
thereof.
NINE
For the Purpose of billing and accounting for gas delivered
hereunder; Fairhope shall render a statement to Loxley on or before
the tenth of each month, and Loxley agrees to pay the same not late
than the fifteenth of the same month.
TEN
If the payment is not made by Loxley on or before the 15th
)f the month after said statements have been rendered, or if other
:onditions and requirements of this contract be not complied with
then this contract may be terminated by Fairhope, at its option;
chat the notice of termination shall be in writing, stating Spec—
Fically the cause of terminating the same, and declaring it to be
•he intention of Fairhope to terminate this agreement, and mailing
•he notice, or
delivering the same to the Town Council of Loxley, Loxley, Alabama,
ELEVEN
This agreement is made expressly subject to all present or
future valid rules, regulations or orders of any commission or re.
gulatory bodies having jurisdiction.
TWELVE.
This agreement shall be binding uppn and inure to the benefii
of the successors or assigns of each of the parties hereto.
IN WITNESS WHEREOF, the CITY OF FAIRHOPE has caused its
name to be signed hereto by E. B. OVERTON, its Mayor, and this
instrument to be attested and its Corporate Seal to be hereto
affixed by MARIE MOORE, its Clerk, and the TOWN OF LOXLEY has
caused its name to be signed hereto by M. C. GIULIANI, its Mayor,
and this instrument to be attested and its corporate seal to be
hereto affixed by FLOSSIE B. BOONE, its Clerk, in duplicate, this
th-e day and year first above written.
ATTEST:
0
s 1ts CIor
WITNESSES:
4
ATTEST:
S its/Cler
'WITNESSES:
BY:
FAIRHOPE
s its Mayor
TOWN OF LOXLEY
B Y
As its I
ayor
THE CITY OWNS IT
ERWORKS, ELECTRIC DISTRIBUTION. SYSTEM, GAS SYSTEM A
fERAGE SYSTEM
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
MARIE MOORE, CLERK
CITY OF FAIRHOPE
PHONE WA B-9511
FAIRHOPE, ALABAMA
"0., A..ti N! ✓ .Iil. 6Q,y"
APeil lw 1W
Mr• 11. Fe HOWN* 0~
Fairhop► Casino
rar. He Co RobiYt", Contractor
Ccntlemns
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.
The fallowing to a notion suds, and passed at the meeting of the
F'oirhots, City Council on fAarch C"i 1960e "That too aWlication of
Mr. u. F . Haw i s, to raga i r the Fa i rhope Casino be rejected an the
grounds that ter. #waif or ter. F:obinSon has not presented adequate
engl ose r' ing or archi toc tual drawings to assurer the City Council that
the building will be sets, when cianpletW o
Th*rsfor+es you are hereby notified that you Must step repair
work an the Casino until such time at you receive the permit to do the
said work.
Very truly youre,
C ITY OF FalFtiOt EE
a. g. Overton, ftyor
cc$ Or. H. �:* Robinson
File
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