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HomeMy WebLinkAbout01-23-1967 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Council of the City of Fairhope met in regular session at the City Hall, Monday, January 23, 1967 at 7:30 P.M. with the following members present: Mayor Mason, Councilmen: Spader, Reynolds, Stipes, Gaston and Stine.. Minutes of the previous regular meeting were approved. Mrs. Lou Peters, representing Garden Clubs, outlined plans for installing 20 planters in the business area. The Chief of Police and Building Inspector to pick sites. The request of Mrs. Wm. Hinz for reimbursement for damages on gas line was read and discussed. Motion by Councilman Reynolds seconded by•Councilman Stine that the City Attorney be instructed to write a letter to Mrs. Hinz stating that the City is not liable Motion carried. Property owners on the bluff above beach between Nichols Street and White AVenue met with Council pertaining to park land in front of their property. No action taken. Request of Beasley Nursing Home to move fence and gate to the North property line of their present leasehold was held until Mr. Lipscomb could be contacted. No action taken on request of Mr. Amon Gates concerning property abutting 456 Oak Street. Request for permit to connect a lift station force main to the manhole on Nichols and Greeno was rejected. Outside City Limits. Motion by Councilman Gaston seconded by Councilman Stine that the request of Mr. Hurley Langford for Liquor and Beer Permit for a private club on the S. E. corner of Section Street and Magnolia Avenue be approved. Upon being put to vote the following vote was recorded:,Voting For: Councilmen: Gaston, Stine, Reynolds and Stipes. Voting Against: Councilman Spader. Motion carried. Motion by Councilman Gaston seconded by Councilman Stipes that Ordinance #372, An 03&nance amending Section 13 of Zoning Ordinanc, No. 2952 introduced at the regular meeting of January 9, 1967 be adopted as introduced. Motion carried. Motion by Councilman Reynolds seconded by Councilman Gaston that the following Ordinance be introduced. ORDINANCE NO.. BE IT ORDAINED BY THE CITY— OUNCIL OF THE CITY OF FAIRHOPE, Alabama that the assent of the City Council of the City of Fair - hope is hereby given for_the'vacation of an'alley.bounded'on the North by Lots Numbered 1, 29 3, 4, 5 and 6, and on the South by Lots Numbered 7 and 8, of Block 3 of the Hoyle -Worcester Addition to the City of Fairhope, Alabama, which said map or plat thereof is recorded in Map Book 19 Page 19 in the Office of the Judge of r bate of Ballwin C unt , gi ba an th t a c p f this rdinance certified �y tie Ci y 4rk be attache n� signed and recorded with the written Declaration of Vacation made by Walter 0. Poser and Eleanore Holk Poser. 1 0- Ar N S T i+TF Or A ,.;'B AMA COUNTY OF B 'LDT^'IN Comes now WALTER 0. POBTR and FLEANO'-E HOLK PO�,ERJ, and Join in this written instrument declaring that cPrta`n allev be- tween Lots 1, 1, 30 4, 5 and 6 and Lot ? and 8 ob Block 3 of Hoyle -Worcester Pdd tion to the Town of FaS-rbope =s recorlel in Map Book 1, Page 1 in the Office of the Judge of ''robatp. of 113a11- win County, - zlr;bama, be, and the same ; s hereby vacated as the same is shown on pl.-it recorded .in Map Book 1, P-Re 1 of the > robate Records of Baldwin County, '`labam,,, (1) 7h -;t the said ',,1ALTE',2 0. POSEr-? an,3 E'LE FNORR HOLK LOSER are the owners of all the pro,ertv =butting on said alley, wh; ch is to 'he vacetti=d, --nd th �t the-_ri, are no other property oT-=ners -)butt i n- on tl-e - i_-a allev. vrcat nn not den;r i.vina an':, orooer'-v n_'wnerc of anv -.-Pnsonable means of ingress or egress to an-3 from their property as such -tgrt is a_`,lordcd by the rem;�ininc =-trept. (3) Th,�it t'ie said cublic �fen onened es =n as shown on tie plat, (4) All ofthe sa d alley' heinq vacated is w-i.thin the miinicio-1. limits of the Cit1r of F Irhope, County of 9;41-3-in, :':tote of (3pclarat`on , s r -1d' un-'---.r. Sectir)n 11 of Title_ 56 of the 1940 Code of %' abpmn es reconniled in 1958. It is further requesterT trot t?-)e?ro'n7,.te Judcge, upon cai.d VPCatiOT? be`nq m=ue e r^CttVey vxr:t? in r, '?n lc?tte'S r?CrO7S the p-�rt of the m-�^ of Hoyle-"aorcecter dditior. to the Town of Fairhone, as recorde�' in Ma-D Book 1, Pepe 1, cf tre a.1le,, T,,'hi,ch s v?c'-te-?, the ,,or-3 "Vac--ted", Pnd shall also refer- on th,= same to the Volume -'n-1 n ;�c7e ; r •'t' i cal.- th i. c3 ? nst rtirte_ it os v hC �t ion '. s recor ilk f9 -:7 pro- vi.ded by Section 10 of Title rr. of the 1940 Cofie of I labama ­s recompi.14 cd in 197C. ., e77_... ...� .,.. y... .,5 , DONE this the day of . 19�'7. WALTER O. POSER ELEANORE HOLK 'OSER STATE OF AL�BAM' BALDWIN COUNTY I, the undersianed Notary Public, i-n and for said state and county, hereby certify that WALTER O. 00SER and FLEANORF HOLD' POSER, whose n.-mes are siqned to the foreao;ng Declaration of Vacation, who Pre known to me, Acknowledged before me on this day th?t, being informed of the contents of the said 7ec1Rrntj-on Vacation, they executed the same vnluntar4ly on the day the same bears date. Given under my hand and official se,11 this the_ day of 1967. R-0—TATly PUBLIC, Baldwin County, ' 1 abam - Y Application of Wm. MoKinly for Beer permit at Small Paradise was held for next meeting of the Council. This being date set for opening bids on removing building directly north of City Hall, the following bids were received: Eugene Bosby - Demolish building, clear site of debris and salvage materials. $►350.00 J. Dudley Wade -Dismantle and remove building, salvage materials. City to use its lift equipment for removal of porch after the rest of the building has been removed. $150.00 Motion by Councilman Stipes seconded by Councilman Stine that the City accept low bid of J. Dudley Wade and furnish a uipment with operator provided additional work does not exiceed 3200.00. Motion carried. z Mayor Macon read the following letters to the Cit, Council: January 169 1967 John U. Duck, Atty. 319 Magnolia Ave. Fairhope, Alabama Dear Mr. Duck: Would you please furnish me with a written opinion as to the present status of Colony suit regarding the placing of a building on the Park Land as proposed, and if possible an opinion on a reasonable date if any, we might expect to start a building on this sight. Respectfully yours, R. C. Macon, Mayor ands January 239 1967 Honorable R. C. Macon, Mayor City of Fairhope, Fairhope; Alabama Dear Mr. Macons Pursuant to your letter of January 16, 1967, the status of the Fairhope Single Tax Corporation suit vs. the City of Fairhope, Fairhope, Alabama, at the present time is as followss„ On the 9th day of December, 1966, the Honorable Telfair J. Mashburn, Judge of.the 28th Judicial Circuit of Alabama,,ren- dered a Final Decree and Declaratory Judgment in this suit and decreed as follows: 1. That the City of Fairhope has_the right to erect a building of substantial size and dimension for a recreation center on any of the property described in the Dead of Dedication to the City by the Complainant and Cross -Respondent and that building of a recreation center is in accordance with the general usage of public parks. 2. That the use to which the property described and conveyed by th o Deed of Dedication from the Complainant and Cross - Respondent to the Respondent and Cross-RempinixxxxxpanAent xxWxtkiixkmIIjdfpg Complainant does include the right to erect structures of substantial size and dimensions on said properties or any part or parcel thereof as long as the con- struction is used for the good of all the citizens of the City of Fairhope and that sia d construction is in accordance with the.,general usage of public parks: 3. That nothing contained herein shall be construed as abro- gating or rescinding those provisions contained in the Deed from Fairhope Single Tax Corporation, xndx a corporation, to the City of Fairhope, Fairhope, Alabama, a municipal cor- poration, dated the 9th day of September, 1931, reserving to the people of the Town of Fairhope a right to vote upon any detail of park management by filing a petition with the body in control of Usparks, signed by ten per cent of the qualified electors of the City of Fairhope, which action shall require that the action questioned shall be submitted to a vote of the people of the City of Fairhope and the body in control of parks shall be guided by the wishes of the majority as expressed by their vote in such election. 1pd 4. That in the event an election is called for as provided in siaddeed by submitting a petition signed by ten per cent of the qualified electors of the City of Fairhope, the City of Fairhope nor the board concerned with the management of sia d parks shall take no further action upon any matter which such petition shall deal until an election thereupon has been held.` The above is essentially the Decree rendered by the Circuit Court. Subsequent to the rendition of the Final Decree, it is my under- standing that Fairhope Single Tax intends to appeal the Final Decree to the Supreme Court of Alabama, and Title 79 Section 88 allows six (6)-months from the rendition of a judgment or decree for an appeal to be perfected. Any appeal not taken and prosecuted within six months from the rendition of a decree will be dismissed on motion. (Citing Wetzel vs. Dixon, 148 Southern 857). Title 710'Section 92 says than an appeal may be taken without giving bond to supersede the execution of a judgment or decree by the appellant,' giving security for cost of such appeal, to be approved by the Clerk, Register or Judge of Probate; the names of the surety or sureties to be certified with the record to the appellant court; and execution may issue against such sureties for the cost in such court and the cost of transcript if decided against,the appellant. This simply means that if an appeal is taken andRsupersedes-bond is not filed, then the execution is not stayed. However, a supersedeas would not be required under this Decree since Title 79 Section 793 sayss "When the judgment or decree is for, the payment of money only,`,the appeal does not oprate as a supersedeas, or to stay or suspend the execution of such judgment or decree (except in such cases as or otherwise provided unless bond be given by the appellant, or some other person in double the amount of the Judgment or decree, including costs, payable to the appellee, with sufficient sureties, and with con- dition to prosecute the appeal to effect, or if he fails therein, to satisfy such judgment as the appellant court may render to in the premises. Since this decree is not for money judgment, then the appe al would automoa�tically stay the proceedings in the lower court during the appe al. Therefore, it is my considered opinion that even without a supersedeas bond being filed by Fairhope Single Tax Corporation, once their appeal is perfected,`it would operate to stay the decree of the lower court and shall be so stayed until the Supreme Court acts and renders wLther an affirmation of the decree in the lower court or a reversal for some error committed in the lower court. If Fairhope Single Tax does not perfect their appe al by the 9th day of June, 19679 the decree in the lower court shall be- come final and the City of Fairhope may proceed under the final decree. However, if the appeal is perfected, the lower court decree must be stayed until the Supreme Court rules as hereinabbve set out .' Sincerely, John U. Duck 9 M The mayor then read the following to the Council: In answer to your request please be advised that at the time our last meeting, January 9th, 1967, when the motion was made and car- ried to employmr`. Ellis to draw up preliminar plans for a re- creation building on the bluff, at a cost of 1, or approximately S1,200.00, it was pointed out by the City Attorney that there was no way of estimating the length of time this case between the Fairl Single Tax Corporation and the City of Fair -hope could be tied up in court in the event the Single Tax Corporation saw fit to appeal the decision of the Circuit Court which they had indicated was their intentions. Since the original action by the Council the Fairhope Single Tax Corporation has instigated an appeal (letter to this effect is hereto attached); and since I received only the contract and ap- proval of the City Attorney on Friday, January 20th, I held up my ; nature until tonight in event the Council might want to reconsider their previous action in light of further developments. If it is still the wishes of the majority of the Council, I will sign the contract tonight and see that it is in the hand of Mr. Ellis tomorrow. lope lig- The following letter from the Fairhope Single Taxx Corporation was read to the Council and on motion of Councilman Reynolds sec ed by Councilman Stipes was meeting. Motion carried. Hon. R. C. Macon, Mayor and City Councilmen, City of Fairhope Fairhope, Alabama Gentlemen: made a part of the minutes of this Jan. 239 1967 Please be advised that I have, this day, received world from our attorney Norborne C. Stone, Jr., that, in accordance with our instructions he is in the process of preparing and filin an appeal to the Supreme Court of the adverse ruling of the lower court with respect to the City use of Park land for the erection of a recreation building. We trust the City will not take any action prejudicial to what in our opinion is in the best interest of our community. Respectfully yours, s/ C.A. Gaston C. A. Gas on, Secretary Motion by Councilman Reynolds seconded by Councilman Spader that upon the Mayor's recommendation the City not obligate itself with Mr. Ellis, Architect, to build Recreation Center at this tim or until the situation is clarified. Upon being put to vote the following vote was recorded: For: Councilmen: Stine, Reynolds and Aid Spader. Against: Councilman Stipes. Councilman Gaston abstain from voting. Motion carried. Motion by Councilman Stipes seconded by Councilman Spader that thei City accept proposal of Fairhope Paving Company on additional Utility relocation as submitted and upon the recommendation of the City Engineer and City Superintendent.. Motion carried. Mr. Shull, Chairman of the Recreation Board, requested the City to request tax exemption on Stimpson Field and that the Colon pass the saving on to the Recreation Board in reduction of Colony rent on this property. Motion by Councilman Reynolds seconded by Councilman Spader that the City accept request of the Recreation Board. Motion carried. Motion by Councilman Reynolds seconded by Councilman Spader that following Resolution be adopted. Motion carried/,' RESOLUTION BE IT RESOLVED by the City -Council of the City of Fairhope, Ala. that the following are hereby appointed as election officials for the election to be held at Fort Reil Armory in the City of Fairhop, Alabama on the 14th day of February, 1967: Mrs. F. H. Newman. - Q� Mr. Phil Jonas Mrs. Barney Shull Mrs. Marie Belew Mrs. Carola Krogg Mrs. Ralph Wahl Mrs. Lou Peters Mr, Joe Odom. Motion by Councilman Stipes seconded by Councilman Gaston that the City Engineer be authorized to include in the current street improvement program additional paving, curb and gutter and side- walk on the north side of Oak Street between Section and Bancroft Streets and additional paving on the south side of Oak Street with customary roll type curb and omitting sidewalk, as requested by the Fairhope Single Tax Corporation. Motion carried. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved L�k, & yor e I9