HomeMy WebLinkAbout05-08-1967 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, May S, 1967 at 7:30 p.m., with
the following members present: Mayor Macon, Councilmen: R.J:Spade;
R. Roy Reynolds, J: A. Stipes, J. E. Gaston Jr;', and R H. Stine.'
Motion by Councilman Gaston seconded by Councilman Reynolds that
the minutes of the previous regular meeting be corrected to in-
clude the following motion which was omitted from minutes;
Motion by Councilman Stipes, seconded by Councilman Gaston
that Mrs: Mamie McNulty be reappointed to the Library Board for a
five year term effective May 4, 1967. Motion carried.
Minutes approved as corrected.
Motion by Councilman Stine seconded by Councilman Reynolds that
the Lions Club be granted permission to erect sign as submitted
at the Municipal Airport subject to City Engineers approval as to
location etc. Motion carried.
Motion by Councilman Stipes seconded by Councilman Reynolds that
the City match Chamber of Commerce dollar for dollar of what they
collect for Christmas decorations but not to exceed $1,5000'00 as
requested by`Chamber of Commerce. Motion carried.
Request for beer permit at Audrey's Restaurant was brought up for
action: Motion by Councilman Reynolds -that request for Beer Per-
mit be tabled under Article II, Sec. 3-12 of the Code of Ordinance
of the City of Fairhope. Motion seconded by Councilman Spader.'
A general discussion followed with Mr. Fountain of the ABC Board
giving a report on his investigation. The motion was then put to
a vote with the following vote recorded: Voting For: Councilmen
Reynolds and Spader. Voting Against: Councilmen Gaston and Stine.
Councilman Stipes abstained from voting thus creating a tie.
Mayor Macon then voted against the motion to break the tie and the
motion was defeated.
Councilman Reynolds moved that application for beer permit at
Audrey's Restaurant be denied because of Article II; Section 3-12,
of the Code of Ordinances of the City of Fairhope.' Councilman
Spader seconded the motion. Councilman Gaston offered a motion
that Councilman Reynolds motion be tabled and upon being put to
vote, the following vote was recorded: Voting fors Councilmen
Gaston and Stine. Voting againsts Councilmen Reynolds and Spader.
Councilman Stipes abstained from voting creating a tie. Mayor
Macon then voted for the motion to break the tie and the motion
carried.
Councilman Stine moved that the Council reconsider the prior vote
which was seconded by Councilman Gaston and upon being put to a
vote the following vote was recorded: Voting Fors Mayor Macon,
Councilmen Gaston and Stine. Voting Againsts Councilmen Reynolds
and Spader. Councilman Stipes abstained from voting. Motion
carried:
Mayor Macon entertained a motion to issue beer permit for Audrey's
Restaurant which was seconded by Councilman Gaston and upon being
put to vote the following vote was recorded: Voting Fors Mayor
Macon, Councilmen Gaston and Stine. Voting Against; Councilmen
Reynolds and Spader. Councilman Stipes abstained from voting.
Motion carried.
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Application of Chester Hunt for beer permit at private club was
tabled until next regular meeting of the City Council.
Motion by Councilman Reynolds seconded by Councilman Stine that
Ordinance #3769 an Ordinance Puhibiting Abandonment of Vehicles;
Restricting The Disposition or Keeping of Wrecked, Non -Operating
Or Discarded Vehicles On Streets or Private Property; Providing
For Impounding of Certain Vehicles; And Imposing Penalties, be
adopted as introduced at the regular meeting of April 10, 1967.
Motion Carried.
Mayor Macon reappointed Mr. Jack Bagnell to the Planning and Zonini
Commission for a six year period beginning May 259 1967.
Motion by Councilman Spader seconded by Councilman Stipes that
City advise of Tice of Little River Community Project that the Cit,
of Fairhope will consider people for employment on beautification
project with the understanding that the City can discontinue ser-
vice at any timer Upon being put to vote, the following vote was
recorded: Voting Fors Mayor Macon, Councilmen Spader and Stipes:
Voting Against: Councilmen Gaston, Stine and Reynolds, creating a
tie; Mayor Macon cast second vote for the motion to break the tie
and the motion carried.
Motion by Councilman Reynolds seconded by Councilman Stine that
the bills be approved for payment. Motion carried.
Motion by Councilman Stipes seconded by Councilman Reynolds that
the City of Fairhope 3rtends to have the overall sewer system ex-
tension in the swimming pool area in operation within twenty-four
months of the completion of the temporary sewer facilities pro-
vided for the swimming pool. Motion carried.
Motion by Councilman Reynolds seconded by Councilman Stipes that
City cancell franchise of Eastern Shore Cable TV, Inc., as per
their request. Motion carried.
Motion by Councilman Stine seconded by Councilman Reynolds that
City request the Conservation Department to reimburse City up to
$10,000.00 for boat ramp built by the City according to Conser-
vation Department plans, specifications and contract. Motion car-
ried.'
Motion by Councilman Reynolds seconded by Councilman Stine that
$20,000.00 be transferred from Gas Gross Revenue Account to the
Municipal Airport Account. Motion carried.
Motion by Councilman Reynolds seconded by Councilman Stipes that
City sees that 600' sewer is installed on Lisa Drive immediately
before Street is paved. Motion carried.
Motion by Councilman Reynolds seconded by Councilman Stipes that
the City accept responsibility of Colony rent on Stimpson Field
and cost not to be deducted from Recreation Funds. Upon being put
to vote the following vote was recorded: Voting For: Councilmen
Stipes, Reynolds and Spader. Voting against: Councilmen Gaston and
Stine. Motion carried.
Motion by Councilman Gaston seconded by Councilman Stipes that the
following Resolution be adopted: Motion carried.
�o�
RESOLUTION
WHEREAS, the City of Fairhope is now in the process of
expanding it's municipal airport facilities, and
WHEREAS, the City of Fairhope is required to acquire
certain property at the North end of the municipal airport as a
fly -over easement, and
WHEREAS, the City of Fairhope has been unsuccessful in
it's efforts to acquire the property from Cecil Ward and wife,
Arden Ward, and
WHEREAS, the acquisition of the property would be in the
public interest and necessary for public use as a fly -over ease-
ment for themunicipal airport, now therefore,
BE IT RESOLVED that the City of Fairhope, through it's
right of eminent domain as set out in Title 19, Section 1, et seq,
and Title'37, Section.507, et seq, of the 1940 Code of Alabama
as recompiled in 1958, proceed with the acquisition of the proper
hereinafter described, to be used as a fly -over easement for the
municipal airport at Fairhope, Alabama, which said property is
more particularly described as follows:
From the Northeast corner of the Northeast Quarter of
the Southeast Quarter, Section 33, Township 6 South,
Range 2 East, run South 0° 06' West a distance of 2678.3
feet to the center of Marlow Road; thence West along the
center of said road a distance of 2:129..5 feet; thence
North'90.23' East a distance of 40.5 feet to the point
of beginning; the North right-of-way line of Marlow Road;
thence East along said road right-of-way line a distance
of 165 feet, more or less; thence North 150 06' East a
distance of 621 feet, more or less; thence -North 800 IVp5-
37" West a distance of 450 feet; thence South 3° 40' Ea-s-t-
a distance of 673 feet, more or less, to a point on the
North right-of-way line of Marlow Road; thence East along
said road right-of-way line a distance of 160 feet, more
or less, to the Point of Beginning.
Said parcel of land lying in the Southwest Quarter of
the Southeast Quarter, Section 33, Township 7'South,
Range 2 East, and containing 5�.70 acres, more or less.
BE IT FURTHER RESOLVED that a Petition for Order of Con-
demnation be filed forthwith in the Office of the Judge of Probat(
of Baldwin County, Alabama, naming as owners of the hereinabove
described property, Cecil Ward and wife, Arden Ward.
BE IT FURTHER RESOLVED that the City Attorney file the
said Petition for Order of Condemnation forthwith.
ADOPTED this the 8th day of May, 1967.'
ATTEST:
CITY CLERK
C
CITY O-FFAIRHOPE
STATE OF ALABAMA
BALDWIN COUNTY
Before me i a Notary Public in
and for said county in said state, personally appeared MARIE MOORE
City Clerk of the City of Fairhope, who is known to me, and who
being by me first duly sworn, doth depose and say:
My name is MARIE MOORE. I am the City Clerk of the City
of Fairhope, Baldwin County, Alabama, and that the foregoing
Resolution is a true and correct copy of a Resolution adopted on
the 8th day of May, 1967 at a regular meeting of the City Council
of the City of Fairhope, Alabama, and that the original is on
file in the Minute Book at the City of Fairhope, Alabama.
r
Sworn to and subscribed before
me on this the 2az day of
1967.
---�NOTARV PUBLIC
Upon motion, duly seconded and carried, m ting adjourned.
Approved
Mayor
ATTEST:
C'ty Clerk
GENERAL FUND:
Parker House (Police)
300
A udrey's Restaurant (Police)
14.20
Eugene Bosby
19780.82
National Cash Register Co.
25:66
Treadwell Ford, Inc.
10:55
Southern Bell Telephone Co.
279.25
Hadley motor Co. (Police)
31.99
fivaadaa it Trailway Oil Co. (Police)
93.04
Material Sales Co.
2.83
Robert S. Bateman and Assoc.
222.50
Nix and Fleming Co: (Fire Dept.)
18.88 (18.1
Goodyear Service Stores
118.59
Klumpp Motor Coo,
25.69
Huffman - Robertson Ins. (Police)
106.00
McKean Inc.
.30
McKean, Inc. (Fire Dept. 32.17, Police 1100
43.17
Fairhope Courier
30.79
Julwin's Restaurant (Police)
37.60
Fairhope Hdwe. and Supply
.97
Western Lumber and Supply Co.
10.00
Burford Equipment Co.
57:14
Western Auto Assoc Store
13.43
Southern Auto Parts
76.89
Robertsdale Auto Parts
3.38
Foley Tractor Co.
41.30
M & S Service Station (Police)
14.50
Hall Sign and Post Co. Inc.
85.70
Rudy's Automotive Supply
7:38
Jack Cocke and Co. (Fire Department)
88.70
Waller Brothers, Inc:-
6.64
Daphne May Day
25.00
Electronic Services, Police)
88.18
Marine Specialty Co. Fire Department)
14.70
Melding Engineering Co.
8.47
Gaston Motor Co." (Fire,` 20.50, General 2.18)
23.31
Mannich's City Mkt. (Police)
23.94
Fairhope Auto Repair Service
22.50
John V. Duck
125.06
Gulf Oil Corp.
698.46
Radcliff Materials
40.50
Ray Brooks Mach. Co.
12.23
Minnesota Mining Co
72.13
Len Meyer Co
22.25
John M. Marren
259.00
Sears Roebuck & Co.
93.32
Glenn Thompson Equipment Co.
15.05
Superior Hdwe:" (fire dept.)
8.02
Pitman Realty Co.
a1s583.52
$60386.53
GAS DEPARTMENT:
Ruffle's Butane Co.
1.50
Bremer Brease Inc:
48.45
Material Sales Co.
397.24
Fairhope Hdwe & Supply Co.
18.00
Foley Tractor Co.
23.08
Carl Rousseau
84.09
Chas. A Born Co.
142.32
Steele and Assoc:
3.68
Fairhope Melding and Mach.
43.50
Standard Equipment Co.
28.32
Hill -Sober # Go.
409.54
Marine Spe salty Co.
28.82
Fairhope Repair Service
2.50
American Meter Co:"
80.00
Marshalltown Mfg. Co.
19.27
Pitman Realty Co.
_ 29564.48
13894.79
18)
i�
WATER AND SEWER:
Southern Bell Telephone Co.
7.05
Material Sales Co.
36.18
Nix and Fleming Co.
2:40
Fairhope Hdwe and Supply Co.
22:05
m & S. Service Station
1.50
mcGowin Lyons Hdwe.,
108.75
Reagan Equipment Co.
47.62
Fairhope Welding and machine Co.
24.00
Marine Specialty co.
35.28 (8)
Gaston motor Co.
1.20
McKesson and Robbins
116.10
Wallace and Tierman, Inc.
45.80
Pitman Realty Co.
626617
t074.10
ELECTRIC DEPARTMENT:
Southern Bell Teleptfione Co.
15.06
Riviera Utilities
10,629.01
Nix and Fleming
405.70
McKean, Inc.
f,il 8.30
Southern Auto Parts
2.28
Garden Center
8.69
Cowles Printing
79.60
Coastal Concrete Co:
155.00
Busy Bee Garage
5.60
Walter Hoffman
1.50
Graybar Elec. Co.
5:54
Hatfield & Co.
19481.68
Ala. Wood Preserving Co.
724.94
Trio Electric Co.
6,189.79
Superior Hdwe.
7.20
Pitman Realty Co.
1,11.84.83
20.904.72
RECREATION BOARD:
West Baldwin Water
9.00 (9.00
Riviera Utilities
3.00
J. P. Klein
320.00
Nix and Fleming
51.48
Carl Grant Tractor Co.
95.75
Material Sales Co.
17.01
Silverhill Farmer's Assoc.
65.00
Greens Nurseries
36.92
Meyercord Co.
212.50
Ruffles Co.
1,852.30
Those Sporting Goods Co.
1,512.25
Superior Hdwe.
281.64
8N091V6)kXN)9VjXX
49456.85
FAIRHOPE AIRPORT BOARD:
Dixie Laboratories
Rixfs Moore Eng. Co.
Mathews Elec. Serv.
W. T. Ratliff Co.
384:42
1,075.42
59586.14
13 838.94
209884.92
GRAND TOTAL..:......:.`:.......:...:............$57,601.91
I
ORDINANCE NO.�
AN ORDINANCE PROHIBITING ABANDONMENT OF VEHICLES; RESTRICTING THE DISPOSITION
OR KEEPING OF WRECKED, NON -OPERATING OR DISCARDED VEHICLES ON STREETS OR PRIVATI
PROPERTY; PROVIDING FOR 1.MOUNDING OF CERTAIN VEHICLES; AND IMPOSING PENALTIES.
WHEREAS, in the City of Fairhope, �, Alabama, vehicles are, or
in the. future, he abandoned in the streets and other places within the City;
WHEREAS-, there are, or may be.in the future, be dismantled, partially
dismantled, wrecked, junked, non --operating or discarded vehicles left about the
City other than in junk yards or.other appropriate.places; and
WHEREAS, such -conditions tend to impede traffic in the streets or
interfere with- the enjoyment of and reduce the value of private properties;
invite plunderings, create fire hazards and other safety and health hazards to
children as well as adults;; interfere with_. the comfort and retell -dieing of the
public; and create, extend, and aggravate the public generally; and
WHEREAS, adequate_protection of the public health, safety and welfarel,
requires that such- conditions be regulated, ahated or prohibited;
coke,
NOV, THEREFORE, BE IT ORDAINED by the City of the City of
Fairhope, Alabama;
SECTION ONE; The following definitions, shall apply in the interpre
tion and enforcement of thisOrdinance:
(1) ",PersontB - Shall mean any person, f irm, partnership, association
corporation, company or organization of any kind.
C21 "Vehicle" - Shall mean a machine propelled by power other than
i
human power designed to travel along the ground by use of wheels, treads.,
and transport -persons, or property or pull machinery and
runners, or slides,
shall include, without limitation; automobile, truck; trailer, motorcycle,
tractor,.buggy, and wagon.
C31 "Street or highway" -- Shall mean the entire width between the
boundary lines of.every way.puhlically maintained when any part thereof is op
to the use of the public for purposes of vehicular travel.
(4) "Property" -- Shall mean any real property within the City wh1ct-
i_ss, not a street or highway.
SECTION TWO: ABANDONMENT OF VEHI.CLES:. No person shall abandon any
vehicle within the City, and no person shall leave any vehicle at any place
within the City at.such time and under such circumstances as. to cause such
vehicle reasonably to appear to have been abandoned.
lf�
SECTION THREE; LEAVING OF WRECKED,.NON-OPERATING VEHICLE ON STREET.
No person shall leave any partially dismantled, non -operating, wrecked or
junked vehicle on any street or highway within the City.
SECTION FOUR: DISI�pSUWN OF WRECKED OR DISCARDED VEHICLES. No
person in charge or control of any -property within the City, whether as owner,
tenant, occupant, lessee.or.otherwise, shall allow- any partially dismantled,
non,-operat ag, wrecked, junked or discarded vehicle to remain on such property
longer than seventy-two,L721.hours.; and no person shall leave any such -vehicle
on any property within the City for a longer time than seventy-two (72) hours;
except that this. Ordinance not apply with regard to a vehicle in an enclosed
building; a vehicle on the premises: of a business: enterprise operated in a law-
ful place and manner, when necessary to the operation of such business enter-
prise; or a vehicle in an appropriate..storage.place or a depository maintained
in a lawful place and manner by the City.
SECTION FIVE: IMPOUNDING. The Chief of Police of the City of Fair -
hope., Alabama or any member of his: Department designated by him is hereby
authorized to remove or have removed.any vehicle left at any place within the
City which_ reasonably- appears to he in violation of this; Ordinance or lost, -
stolen,, or unclaimed. S:uch..vehicle shall be impounded until lawfully claimed
or disposed of.
SECTION SIX; PENALTIES. Any person violating any of the provisions
of this.Ordinance shall be deemed guilty, of a misdemeanor and upon conviction
thereof shall he fined in an amount not exceeding $100.00. or be imprisoned in
the County ,Tail for a period not exceeding six months, or be both so fined and
imprisoned. Each_day.such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such hereunder.
SECTION SEVEN; This Ordinance shall take effect upon final passage
and publication as provided by. Law.
PASSED this the day. of _, 1967.
ATTEST; MAYOR
it a o
CM CLERK
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