HomeMy WebLinkAbout07-26-1965 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope, Alabama met in regular
session at the City Hall, Monday, July 26, 1965 at 7:30 P. M.
with the following members present: Mayor Macon, Councilmen:
Spader, Reynolds, Stipes, Gaston and Stine.
Minutes of the previous regular meeting were approved.
Visitors protesting the erection of commercial structure on
property known as "Berglin Beach Property" and Mr. Rickarby,
representing Mrs. G. Ives, were heard. A letter from the
Board of Zoning Adjustment stating that as nearly as the Board
can ascertain from the evidence presented that the property in
question is within an R-1 zone was read to the meeting. A
general discussion followed but no action taken at this time.
Motion by Councilman Spader seconded by Councilman Stine that,
the request of the Daphne Recreation Board be tabled until
the next regular meeting of the City Council. Motion carried.
Motion by Councilman Reynolds seconded by Councilman Gaston
that the following Ordinance be introduced. Motion carried.
ORDINANCE # 342
AN ORDINANCE AMENDING ORDINANCE # 221 PROVIDING GENERAL
LICENSE TAXES IN THE CITY OF FAIAHOPE, ALABAMA AND ITS
POLICE JURISDICTION.
BE IT ORDAINED by the City Council of the City of Fairhope,
Alabama as follows:
SE�=ON 1, TThat Schedules 3, 2 34, 41 43 50, 62 4,
919 1 19 1439 147, and 179 be and ey are Aerety repeaie�.
SECTION 14 That Schedule 150 be amended to read as follows:
SCHEDULE 150. REAL ESTATE AGENTS. Each pperson, firm
or (".or o tion en ed in buysi or felling on ommissio
ersonp rfrm or oir corporation set1 , Renting or offfe Q_n
(jr s00 .or rent any house or real estan9, wenty-Five Dollars,
SECTION 2. That Schedule 171 be amended to read as follows:
SCHEDULE 171 TERMITE ERADICATION OR CONTROL. Each
person, firm or corporation engaged he business of termite
eradication or control, Ten Dollars 10.00) per day or Twenty -
Five Dollars (025.00) per year.
SECTION 3. To further amend by adding Schedules 200, 201
and 202.
SCHEDULE 200. RADIO STATIONS. Each person, firm or
corporation operating or engaging in the radio business including
advertising and soliciting for same, each, per year, Fifty
Dollars ($50.00).
per year. SCHEDULE 201. NURSERY SCHOOLS. Ten Dollars ($10.00)
SCHEDULE 202. USED CAR DEALERS, Seventy -Five Dollars
($75.00) per year. This license shall not apply to regularly
licensed garages.
SECTION 4. To amend Section 14 as follows:
SECTION 14. Except as otherwise provided, all licenses shall
be due January 1st of each year and shall be delinquent on the
first of February next following and shall be good for the
period commencing January 1 of each year and ending December 31
of the year in which issued. Any person, firm or corporation
whose license is not paid before it becomes delinquent as pro-
vided herein shall pay in addition to amount of license a penalty
6d
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of 10% of the amount thereof for each month license is delin-
quent, which penalty shall be paid at the time the license is
purchased.
Motion by Councilman Stine that Ordinance # 340 introduced at
the regular meeting of July 12, 1965 be brought up for final
adoption. Motion died for lack of second.
Motio by Councilman Gaston seconded b Councilman Reynolds
that 9309000,00 be transferred to the eneral Fund from the
Gas Gross Revenue Account. Motion carried.
Motion by Courrllman Gaston seconded by Councilman Spader that
the City alter Post Office parking as per plan submitted by
the Post Office Department. Upon being put to vote the
following vote was recorded: For: Councilmen Gaston, Spader
and Stipes. Against: Councilman Stine and Reynolds. Motion
carried.
A letter of resignationr1 from Mr. Richard C. Lacey, City Attorney
effective August 19 1965 was read to the meetingg. Motion by
CC ncilman Gaston se on ed by Councilman Re nold that the
C�ty accept letter of resignation from the My �ttorney.
Upon being. put to vote the -following vote wets' -'qcP ed : For:
Rouncil en: GGasto Rey 1aas Stipes and SS ader ainst:
one, councilman dine nasWined from voting. motion carried.
Motion by C uncilman Stipes seconded by Couicilman Reynolds
that'Mr. J= V. Duck be aeffpointed as Cit Attorney on same
basis as former Attorney, ective Augus 1, 1965. Upon being
nut to v tt the ffollo iing v t w s rec rd d: Fo : Co cilm
Gastox� atipes, Re nolds an 9Spaoe Against: one. ouncfln-
man SRIne abstained from voting. tion carried,
MtiQn bgi¢ouncilman Gasto seco dedhh byY Coun ilman Stipe thatensena tiapr'a rhope Casino.o Motlona arr edrunan m uslyr
Motion by Councilman Reynolds seconded by Councilman Stipes that
the meeting adjourn. Notion carried.
Attest
I -CITY CLERK'
Approved
5-1
t �r �`�
' Board of Zon i ,Id 'us tmen t
Lr iue.sdaij, Jul y13, 49365
7: 30 V. M. .. City `iall
Present: hairchan Stith, r `embers ri l 'er, >te,jsl al, Faulkinbury.
b"CCO
Visitors: ; r. L-juck, �teatart, Bailey, RickarbX, Yohn, Stye,
Gillespie, Gaston, Mr. and , rs : Gait,, rers. Dyson,
ro,�nell, x/�ttttrx ton, tss r,eLnama.
Reading of minutes of previous meetinji omitted.
Pvo old business.
N"',i BUSIN&S'S:
103
i etitions of veor anna T. lves , d �arroEl ti. �:onc�rick
seeking revocation of building ,w:,rmit issued to P're t
f
wnship 5 : outh, :ray o 2 � ,, according to the
L,to re m�urvcy of said Toar�,shi,o, run aou, 1848 ft.
and '-;est 1720 feet, more or less, to a point on the
F�est ,gar in of �,�y i�'* ;venue, .4 1 feet ►-orth of the
Southeas Corner of f lock 3 �ivisioq 1, of the lands
of the Fairhope Single Tax Corporation, accordin to
ma, p tbareof recorded in R t iscel l c c�us i..00k 9, at
r age 2748 i rob..ite Records Baldwin "' unty, Alabar=
thi me continue ':lest 6253 feet, to a �aoint below
the bluff overlooking obits Bat , s4 i�r point eii
:s i tuatetd on the , e :, fern side o? a road -way curran l y
in t�se alvnc the foot of the bluff, by the -ubl ic,
for aFv/kT Q : GI NN INGO
Thence run -pest 153.6 feet, to a corner iazrker
terr,I cotta the at ato higt"uter mark
ors the eastern whore or4ob&a bay; thence run ;': dr t h-
warr 1Y .;Ina' following the anderinq, of Csaid limy, to
ii point .situated N ' 1`0*CO _1�:: . feet rron th-e last
at metoned corner; thence runt Cast 145.2 feet to an
iron pipe corner marker on the western sid ► of said
road, ( from which there strands a 10"' gum tree, 6-5 f t.
due west) ,• thence run S 32' 45" W., tong. :a id road,
113.8 feel, to me r°dint of beginning.
to parrtcufar ana razrr7vi--7v is, y�.,w. %&%.* rigs uzmvu irouc t,,TM
Board issue a variance in this case under the powers granted
i �.
Above property commonly known as ",Uerg I in Deach i roperty".
f-resent were :tr. Li-aitey representing, Mrs. hendrick, r;r.
Rickarby representing sirs. ,fives, and Mr. Duck recaresenting
Mr. Gillespy f too
hr. Bailey reed a, its ', rts of �Ilabqma ,ode Title , Coha ter 16,
A
Mrticle 2, ;'Octi'o_t�7 781 outlining duties of S037wrd oVzoning
,! - djw. t:ient; st� id Ow-t lie felt error h-ld been raude in rfxt�. A .
Issuinj the building 'parmit and asked that it be corrected
by qdministrative procedure. Mr. Rickarby exhibited City
I-oning tap, application for building '.,ernvt filed by Mr.
w, Cillespie, letter froiioore Engr. "..0. relating to zoning
of this property, and a zurvey plat of property it!ade by
0. 0. Stuart whb was uestioned as to f_.Valifications and
findings. Mr. RickarZyrequested the oard to decide
whetfi structuro in question is locatod in -w:op*r zone.
Mr. Duck stated that hr. Gille-i;pie had act in good faith
in all his do-itings with the kity, S"?ad made large expendi—
tures of money, iiad a buss. iess Filling the needs of teenagers
in articular and Fairho,1
P.�--e in general. He asked th:it the
, JO
Board issue a variance in this case under the powers granted
it.
"So v
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visHgeneral discussion and duesToni:-gigof attorneys
ors were dismissed.
Decision:
tiotion by Mr. Faulkinbury, , seconded by fir. -'i Ider,
that as nearly as the bourd of C--'onin- Adjustment can uscertain,
after examination of ovidence 11-rel3enlad, includin riffs,.
9 W V.
legal description of property Letter from ore x"ngtocering,
LfNj?pany, the property cc)m,!-,?on known as Fr&erglin i-,�oach i,r'oparty rf
and uponwhich a commercial s ructure orerated by fIr. �)Oe
Gillespie is currently located, is within an i?-7 zone.
A'otion carried unanimously.
There being no further business veetirKg adjourned.
,'loise T. 41son
F,
jecretary
JOHN V. DUCK
RICHARD C. LACEY
DUCK & LACEY
Attorneys at Lain
FAIRHOPE, ALABAMA
July 26, 1965
TO: The Mayor and City Council of the
City of Fairhope, Alabama
Gentlemen:
319 MAGNOLIA AVENUE
P. O. BOX 296
TELEPHONE 928-2191
Due to press of business I find it increasingly difficult to
devote the necessary time to effectively discharge the City's
legal affairs. It is with this in mind that I respectfully tender
my resignation, to become effective August 1, 1965.
It has been a pleasure to serve as City Attorney for my home,
Fairhope, and I wish only the best for the efforts of its Council.
If I can be of any service in any way in which I can further the
interests of Fairhope, please feel free to call upon me.
Sincerely,
- V .�. .
RICHARD C. LACEY