HomeMy WebLinkAbout10-08-1962 Regular MeetingSTATE OF ALABAMA
County of Ba l dw i n
The City Council of the City of Fairhone met in regular session at the City
Hall, Monday, October 8, 1962 at 7:30 P.M. with the following members
present: Mayor Schneid:e:r, CounciI:men: Boone, Gaston, Nelson, Poser and
Schermer.
The minutes of the previous regular meeting were read andi approved as read.
Mr. Brown and Mr. Rockwell of the FaIrhope Single Tax C orporation met with
the Council pertaining to the City taking over the Public Libragy, now owned'
and operated by the Colony. Mayor Schneider appointed C ounciImen Poser and
Gaston as a committee to work with the Colony committe and report to the
Council.
Mr. Kirk reported on approximate cost of proposed electric subrstat i on, and
necessary feeder lines. Motion by Councilman Poser seconded by Councilman
Boone that the following R solution be adopted. Motion carried.
BE IT RESOLVED that the City Council of the C i ty of Fa:i rhope hereby
authorize expenditures, not to exceed $ 70,000.00, for purchase of the
necessary site, materials. supplies and construction to build a new electric
sub --station and the necessary feeder lines to 4leviate the present overloaded
condition of our (�Iec tric system in accordance with the recommendation of
the commi thee. The site i a adjacent to the Greeno Road and Volanta Avenue.
The major portion of the construction will be done by the present electric
crew between this date and May of 1963, the approximate completion date of
the venture,
Motion by Councilman Nelson seconded. by Councilman Poser that Jack Kirk, be
authorized to purchase necessary materials for electric current to the new
addition to the Baptist Church. Motion carried.
Mayor Schneider .reported on his trip to Montgomery pertaining to pollution
of Mobile Eayll The City Attorney was instructed to draw up Resolution on
pollution of Mobile Bay to be mailed to the State Department of Health.
Motion by Councilman Boone seconded by Councilman Gaston that the Mayor be
authorized to sign contract with Guin & Hunt, Inc., Pensacola, Fla., low
bidder on the Sewer Out Fall Line at a cost of: $ 10,390.00. Upon being put
to vote the following vote was recorded: For: Councilmen: Boone, Gaston,
Poser and Schermer. Councilman Nelson not voting. Motion carried.
Motion by Councilman Poser seconded by Councilman Nelson that Ordinance:
#291, An Ordinance I.i;,li'ting and regulating the use of air conditioning
systems discharging water into the City Sanitary sewer systems, be introduced.
Mot i on carrtiRd.
ORDINANCE NO. -� i /
AN ORDINANCE LIMITING AND REGULATING
THE � USE � OY' AIR CONDITIONING' SYSTE __DISCH" ING" .�1' , 2R` INTO
4`__THE CITX1MITARY_,:SZWER SYSTEMS; REQUIRING PERSONS INSTALL-
ING AND OPERATING SUCH SYSTEMS TO OBTAIN A PERMIT; REQUIRING
SUCH SYSTEMS TO BE EQUIPPED WITH WATER CONSERVATION DEVICES;
ESTABLISHING STANDARDS OF OPERATION; PROVIDING FOR THE IN-
SPECTION OP THE INSTALLATION AND OPERATION THEREOF; AND PRO-
VIDING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.
THE CITY OF FAIRHOPE ORDAINS:
Section 1. Definitions. For the purposes of this
Ordinance, the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present
tense include the future, words in the plural number include
the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory and
not merely directory.
(A) "Air -Conditioning System" or System" is
one or more units for the cooling or dehumidification, or both,
of space for occupancy of any nature.
(B) "Compressor Horsepower, (One)," is the
equivalent of one ton of refrigeration which, for -the purposes
of this section, is the heat required to melt ice at the rate
of one ton in twenty-four hours.
(C) "Person" is any person, firm, partnership,
association, corporation, company or organization of any kind.
(D) "Water Conservation Device" is a cooling
tower, spray pond, evaporative condenser or other equipment by
which water is cooled, recirculated, thereby limiting the use
of water from City mains to the amount lost through evaporation.
(E) "Water Regulating Device" is a regulating
valve or other device, the purpose of which is to limit the
maximum use of water to a predetermined rate.
Section 2. Compliance Required. It shall be unlawful
for any person to have installed or to operate any air-condition-
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L
ing system discharging water into the City Sanitary Sewer System
without first conforming to the provisions of this Ordinance and
the Building, Plumbing and Electrical Codes of this City.
Section 3. Permit Required for Installation. All
persons who desire to install any system after the effective date
of this Ordinance shall obtain approval of their equipment and a
permit therefor in advance from the Building Inspector and shall
give notice of completion of the installation.
Section 4. Procedure Where System in Existence. All
persons who have installed systems prior to the effective date
of this Ordinance shall, in lieu of a permit, notify the City
Building Inspector of such existing installation. Failure to
give notice shall be violation of this Ordinance.
Section 5. Compliance Date. All systems installed
prior to the effective date of this Ordinance and in non -conform-
ity herewith shall be converted, modified, adjusted or otherwise
made to comply within six months from date.
Section 6. Standards of Operation. Before issuing
a permit as required herein the City Building Inspector shall
find that the system complies with the following standards of
operation:
(A) Use of City Water.
(1) Systems Using Two Compressor Horsepower
or Over. Systems having two compressor horsepower or equivalent
cooling capacity, or over shall be equipped with an approved
water conservation device so that water from City mains shall be
used for make-up and flushing purposes only.
(a) Efficiency of Water Conservation
Device. The water conservation device required herein shall be
of such efficiency that it will operate with not over six gallons
of City water per hour per ton of refrigeration. The water level
control on the tank or reservoir shall be so adjusted as to pre-
vent waste of water through the overflow.
(b) Construction of Make-up Device.
The make-up water connection required herein shall be so arranged
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that the supply has a physical break between the City water
lines and such device whereby it is impossible for water to
siphon back into the water lines in case of low pressure.
(2) Systems Using Under Two Compressor
Horsepower. All systems using under two compressor horsepower
or equivalent cooling capacity shall be equipped with an approved
automatic water regulating device, so adjusted as to limit the
use of City water to not more than one hundred twenty gallons
per hour per ton of refrigeration, and shall not be connected
to a sewer carrying sanitary flow.
(3) Effect Upon Co -Users. In no case shall
any system adversely affect the flow of water to other users
in the area.
Section 7. When Not Necessary. A water conservation
device shall not be necessary on a unit used for cooling single
or double residential property, and where the water being used
by the air -conditioner is re -used for lawn sprinkling purposes,
provided however, the water regulating device shall be required.
Section 8. Enforcement. The City Building Inspector
shall cause all systems regulated herein to be inspected from
time to time for compliance with this Ordinance.
(A) Finding of Non -Compliance. In case of non-
compliance, the City Building Inspector shall notify the permit
holder to correct the'dondition within thirty days.
(B) Revocation of Permit. In the event of fail-
ure, or upon the refusal of the permit holder to comply as
ordered the City Building Inspector shall revoke the permit.
Provided, that upon a showing of hardship or other circumstances
warranting such action, the City Building Inspector shall have
the authority to grant an extension.
Section 9. Penalties. Any person who shall violate
the provisions of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be subject to a
fine of not to exceed one hundred dollars or by imprisonment in
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the County Jain for a period of not more than ninety days, or
by both such fine and imprisonment in the discretion of the Court.
Section 10. Violations Hereby Declared Nuisances.
Any air-conditioning systems installed or used in violation of
any provisions of this Ordinance is hereby declared a nuisance per
se. Any Court of competent jurisdiction may order such nuisances°
abated, and the owner�guilty of maintaining a nuisance per se.
Section 11. Severability. This Ordinance and the
various parts, sections, and clauses are hereby declared to be
f
severable. If any part, section, or clause is adjudged uncon-
stitutional or invalid, it is hereby provided that the remainder
of the ordinance shall not be affected thereby.
Section 12. This Ordinance shall take effect upon
publication.
Effective date:
I, MARIE MOORS, City Clerk, City of Fairhope, County
of Baldwin, State of Alabama, do hereby certify that the foregoing
is a true and correct :copy of an Ordinance adopted by a L.t�
yea vote of all the Councilmen present at a regular meeting of the
City Council held Monday, the „ L^Lday of ,� , 1962.
-Page 4 of 4 Pages -
0
Ordiinance #290, an Ordinance Adopting and Enacting a New -Code of Ordinances
of the City of Fairhope, inrroduced:at the regular meeting of August 27,
1962 was brought up for adoption. Councilman Poser moved its adoption which
was seconded by Councilman Schermer. Upon being out to vote the following,
vote was recorded: For: Councilmen: Boone, Gaston, Poser and Schermer.
Against: Councilman Nelson. P:1ot i on carr i-ed'.
ORDINANCE NO.�4
AN ORDINANCE ADOPTING;AND ENACTING A NEW CODE OF ORDINANCES OF
THE CITY OF FAIRHOPE, ALABAMA: ESTABLISHING
THE SAME.:, PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS
HEREIN EXPRESSLY PROVID_ED.- PROVIDING;FOR THE
EFFECTIVE DATE OF SUCH CODE AND PROVIDING,A
PENALTY FOR THE VIOLATION THEREOF: AND PRO-
VIDING FOR THE MANNER OF AMENDING SUCH CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA:
Section 1. That the Code of Ordinances, consisting;of
Chapters 1 to 22, each inclusive, which Code of Ordinances has
been published by the Municipal Code Corporation of Tallahassee,
Florida for the City of Fairhope, copies of which are on file
with the City Clerk of the City of Fairhope, is hereby adopted
and'.enacted as the "Code of Ordinances, City of Fairhope, Alabama",
and shall be treated and considered as a new and original compre-
hensive ordinance which shall supersede all other general and
permanent ordinances passed by the City Council on or before the
( day of1962, to the extent provided in Section
2 hereof.
Section 2. That all provisions of such Code shall be in
full force and effect from and after the I/L5 day of
1962, and all ordinances of a general and permanent nature of the
t
City of Fairhope, enacted on final passage on or before the /d
day of 644 , 1962, and not included in such Code or recognized
and continued in force by reference therein are hereby repealed from
and after the 1 0 day of 61, 1962, except as hereinafter
provided. No resolution of the City is hereby repealed unless
specifically mentioned for repeal.
Section 3. That the repeal provided for in Section 2 hereof
shall not affect any offense or act committed or done or any penalty
or forfeiture incurred or any contract or right established or
accruing before the effective date of such Code; nor shall such
repeal affect any ordinance or resolution promising or guaranteeing
a-
the payment of money for the City, or authorizing the issuance
of any bonds of the City or any evidence of the City's indebted
ness, or any contract or obligations assumed by the City; nor
shall such repeal affect the administrative ordinances or resolu-
tions of the City Council not in conflict or inconsistent with
the provisions of such Code; nor shall such repeal affect any
right or franchise granted by the City; nor shall such repeal
affect any ordinance dedicating, naming, establishing, locating,
relocating, opening, paving, widening, vacating, etc., any
street or public way in the City; nor shall such repeal affect
any appropriation ordinance; nor shall such repeal affect any
ordinance establishing or prescribing the street grades of any
street in the City; nor shall such repeal affect any ordinance
providing for local improvements and assessing taxes therefor;
nor shall such repeal affect any ordinance dedicating or accept-
ing any plat or subdivision in the City; nor shall such repeal
affect any ordinance prescribing or extending the boundaries of
the City; nor shall such repeal affect any license laws of the
City; nor shall such repeal affect any planning, zoning and
subdivision regulations of the City; nor shall such repeal
affect any ordinance enacted after the day off
1962..; nor shall such repeal be construed to revive any ordinance
or part thereof that has been repealed by a subsequent ordinance
which is repealed by this ordinance.
Section 4. That whenever in such Code an act is prohibited
or is made or declared to be unlawful or an offense or a misdemeanor,
or whenever in such Code the doing of any act is required or the
failure to do any act is declared -to be unlawful, and no specific
penalty is provided therefor, the violation of any such provision
of such Code shall be punished by a fine of not more than one
hundred dollars ($100.00) or by imprisonment or hard labor for
not more than six (6) months, or by both such fine and imprisonment,
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as provided in.Section 1-8 of such Code.
Section 5. That any and all additions and amendments
to such Code when passed in such form as to indicate the intention
of the City Council to make the same a part thereof, shall be
deemed to be incorporated•in such Code so that reference to the
Code of Ordinances of the City of Fairhope, shall be understood
and intended to include such additions and amendments.
Section 6. In case of the amendment of any section of ;
such Code for which a penalty is not provided, the general penalty
as provided in Section 4 of this ordinance and Section 1-8 of such
Code shall apply to the section as amended; or, in case such amend-
ment contains provisions for which a penalty, other than the afore-
mentioned general penalty, isaprovided in another section in the
same chapter, the penalty so provided in such other section shall
be held to relate to the section so amended, unless such penalty
is specifically repealed therein.
Section 7. A copy of such Code shall be kept on file in
the office of the City Clerk preserved in looseleaf form, or in
such other form, as the City .Clerk may consider most expedient. It
shall be the express duty of the City, Clerk, or someone authorized
by him, to insert in their designated places all amendments.:or
ordinances which indicate the intention of the City Countil to make
the same a part of such Code, when the same have been printed or re-
printed in page form, and to extract -from such Code all provisions
which may be from time to time repealed by the City Council. This
copy of such Code shall be available for all persons desiring to
examine the same.
Section 8. That it shall be unlawful for any person to
change or amend, by additions or deletions, any part or portion of
such Code, or to insert or delete pages or portions thereof, or to
alter or tamper with such Code in any manner whatsoever which will
cause the law of the City of Fairhope to be misrepresented thereby.
.Any person violating this section shall be punished as provided in
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Section 4 of this ordinance.
0
Section 9•, All ordinances or parts of ordinances in
conflict herewith are, to the extent of such conflict, hereby
repealed.
Section 10. This ordinance shall become effective on
the &" day of , 1962.
s '
Jett Ze
ayor
ATTEST:.
1-�� I-ZAA�J--' - _a__- - I
City C erk
(SEAL)
City Clerk, of the City of Fairhope.,
Alabama, hereby certify that the foregoing Ordinance is a true
and correct copy of Ordinance No.,� y0 , adopted by the Council
of the City of Fairhope, Alabama, in an open meeting at the
regular session thereof held on the nY*k day of , 1962,
and duly published in thec)%,` ( on the
1962.
3 �ay of � ?
1962.
Given under my hand this the
City Clerk
day of
- Page 4 -
Councilman Nelson moved. that Ordinance #290 be amended as follows and
introduced,
Preface, Page: City authority for incorporation as City, (Code, of Ala.)
Date of incorporation, form of government adopted. (Mayor and Council)
Name original Mayor, Clerk, Councilmen for historical reference.
Page 5, Sect. 1-10, add:
---that all laws of the State of Alabama, applicable within the bounds
of municipalities are hereby included in Fairhope Code.
(Note -see Sect. 14-1, Ord. -#,L1.74 regarding misdemeanors only)
(Note -this requires legal opinion as to advisability)
Page 7,Sec.2-I.
Unless Ordinance of 7-1-08, par. 2 is applicable, delete this reference
of "Authority".
Page 7, Sec. 2'=1.1 Minutes of 4-9-62 conta:in no reference= to duties of City
Business Adm i n i stra�tor. Delete this "authority".
Page 7, Sec. 2-1.1, Business Administrator. Rewrite as follows:
The -duties of the City Business. Administrator shall be to assist the
Mayor in administrative duties in the Mayor's Section. To process the
C i ty' s official mail and answer correspondence as directed by the Mayor
or City Council.. To receive all complaints against the city and
direct the attention of the proper department to the matter, receiving and
filing the dpeartment's report as to action taken, if any. To receive and
process all orders from the City Superintendent for purchase, of suppliers
and material and prepare bid specifications when required,, as directed by
action of the Council. To prepare a monthly statement of receipts and
expenditures with cash balances in the varicus fund and record of inter -
fund transactions,. for the; information of the Council. To supervise
personnel assigned to theMayor' s section and recommend to the, „layor the
hiring,, pay rate, promotion or discharge of such personnel assigned to the
Mayor's section. To attend meetings of the City Council and report orT
the affairs of the: city when requested to do so and to can out such other
administrative duties as may be imposed on him by the City ouncil.
(Note: -no authority exists in minutes of 4-9-62.)
Page 8, Sec. 2-1.2 City Superintendent; duties.
Add: To prepare lists of materials to be purchased for the utility systems,
city construction or repair, in sufficient detail as to size, number, quality,
make etc.,, to be sub -fitted to the City Business Administrator for processing
into purchase orders.
Page 8',• Sec. 2-2. City Clerk; duties.
re -write (d) as follows:
Collect all utility bills payable to the city and fees for connection to
the c i ty' s utility systems and for the sale of materials of the city.
Add (e) as follows:
Supervise the personnel engaged in the above duties of the Clerk's Section
and recommend to the RAayor the hiring, pay rate, promotion or discharge
of such personnel of the Clerk? s Section.
Recommendation:
That all of the original material used in compilation of the Code be preserved
in a suitable manner and place for the public's information and historicol.
reference:. (Suggest binding, if this is possible and City Hall as custodian.)
Motion d i ed for lack of second.
Two bids were received on the Fairland Avenue Project and read to the meeting.
Mo t i on by C ounc i I ma n Poser seconded by Counc i I man Ne I son that the F a 1 r I and
Avenue Project be tabled indefinitely. Upon being put to vote the following
vote was recorded: For. Councilman: Gaston, Nelson, Poser and Schermer.
Against: C ouncilman Bo-Dne. Motion carried.
Motion by Councilman Gaston seconded by C ouncikman Nelson that the City
purchase additional radio equipment ata cost of 4L25.00. Upon being put to
vote the following vote was recorded: For: Councilmen: Boone, Gaston, Nelson
nad Poser. Against: C ouncilman Schermer. Motion carried.
Motion by Councilman Boone seconded by Councilman Nelson that the building
inspector be authorized to issue building permit to Poser Printing Company 3
t8lprry out work as presented in application. Upon being put to vote the
following vote was .recorded: For: Councilmen; Boone:,, Gaston and Nelson.
Councilman Poser and Councilman Schermer not voting. Motion carried.
Motion by Councilman Nelson seconded by Councilman Poser that the following
Ordinance be introduced. Motion carried.
u1 . BE IT ORAD I NED BY THE CITY C OUNC 1 L OF THE CITY OF FA I RHOPE, ALABAMA
ti/ that Holidays for City employees be set
as follows:
Thanksgiving,,Christmas, New Years,
Mardi Gras, 4th of July and
Labor Day.
Motion by Councilman Nelson seconded by Councilman Schermer that the
following bills be approved for payment:
Motion carried.
Genera I Fund:
Addressograph Corp..
7.86
Virgil: Herston
60.00
Goodyear Service Stores
55.14
Gulf Coast Blind and Awning Co.
41.30
Garden Center
4.90
Carl Grant Tractor Co.
63.58
Fai rh ope She l l Sery i ce
9.($5
Forbes Electronics
3.75
Fairhope Welding and Machine Works
7.80
Fairhope,Hardware
41.95
Robert S. Bateman
74.17
Busy Bee Garage
1,3.'75
Bedsole's
16.00
Fairhope- High School
7.50
Fairhope,C ourier
97.85
K I umpp ,Motor Company:
30.48
Walter Kidde Sales
84.37
Len Meyer C ompany
19.50
May -Machinery Co.
48.50
lapel ton' s Garage
70.96
C i ty ,Market
.84
Olivere Restaurant
20.90
Odom' s
9.98
Poser Printing Company,
15.16
Rudy's Automotive Supply
12.26
Ruffles Co.
17.27
Ray -Brooks. Machinery Co..
63.4
Reynold's Firestone
67.68
Superior Hardware
6.10
Southern Auto Parts
11.69
Turner Su^ply Co..
86.22
Walber Bros.
IL6.65
'Nestern Lumber and Supply
5.67
John M. Warren
34.12
Standard 0 i'l
682.65;
Electric:
Hatfield and Co.
257.58'
H i 1, 1-Soberg Co..
159.00
Fa i rhope Shell Service
15.40
F. A. Kruse
91.00
Moore -Handley
196.16
Nix and Fleming
30.16
Poser Printing Co.
65.15'
Standard:Equipment Co.
47.57
Riviera Utilities
16,591.39
Turner Supply Co..
41.28
Victory Electric Co.
240.00
Gas:
Coastal (-onc rete Co.
39.28
Material Sales Co.
5.00
Ma-r i ne `pec i a li ty C o.
27 r.44
Mel ton' s Garage
6.00
M & S Service- Station
21.20
Poser Printing Co.
65.19
Rudy's Automotive Supply
3.70
Standard. Equipment Co.
488.63
Surer i or Hardware:
4.46
Southern Pipe Coating Igo
1,973.58
Turner Supply Co.
30•06
Water and Sewer:
Hill-Soberg Co..
6.79
Fairhope H ardware
7.80
pbp
Badger Meter Mfg. Co.. 45„45
Coastal Concrete Co.. 292.33
Klumpp Motor Co. 122.00
Materi aI Sales Co. 2..15
Marine Specialty 27.52
Merchants National Bank,, Trustee 194-00
F . H. Ross: & Co. 1.48,25,
Standard Equ�pment Co. 231.76
Wittichen Chemical Co.. 114.75
It was duly moved and seconded that the meeting adjourn. Motion carried.
Mayor
City Clerk
P�