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HomeMy WebLinkAbout09-11-1967 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope met in regular session at the City Hall, Monday, September 119 1967 at 7:30 P.M. with the following members presents Mayor Macon, Councilmen: Spader, Reynolds, Stipes, Gaston and Stine. Minutes of the previous regular meeting were approved. Motion by Councilman Gaston seconded by Councilman Stipes that Smith, Dukes and Buokalew, Certified Public Accountants, be employed to make the annual audit. Motion carried. Motion by Councilman Gaston seconded by Councilman Reynolds that the bills be approved for payment. Motion carried. Motion by Councilman Reynolds seconded by Councilman Gaston that the bills submitted by C. A. Mattingly and by John V. Duck be approved for payment. Motion carried.., _ Motion by Councilman Gaston seconded by Councilman Stipes that the following Ordinance be introduced: ORDINANCE N0. 3 8 5 BE IT ORDAINED BY THE CITY OTIMRHOPE9 A Nmicipal Corpora- tion, in the state of Alabama, as.follows: SECTION 1, Definitions." For the purpose 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) "City" is the City of Fairhope, Alabama. "Company" is Tarascan,.Inc. and their assignees, the Grantee of ,rights under this Franchise, (c) "Commission" is the -Board of Commissioners of the City of Fairhope, Alabama. (d) "Person" Is any person, firm, partnership, association, corporation, company or organization of any kind. SECTION 2. Grant of Authority. There is hereby granted by the City to the Company the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, Poles, wires, cable, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the City of a community television system for the interception, sale and distribution of television signals and other incidental services upon the terms and conditions herein contained. SECTION 3., Non -Exclusive Grant*' The right to use and occupy said streets, alley, public ways and places for the purposes here- in set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this Franchise. SECTION4. Approved Installation Required. The poles and posts uded by the Company in its television distribution system shall be those erected by it or its successors or assigns and/or erected and maintained by such other persons, firms or corporations maintaining poles or posts within the city limits, when and where practicable, providing mutually satisfactory rental agreements can be entered into with said persons, firms or corporations. yo Construction and maintenance of the transmission and distri- bution system shall be in accordance with the provisions of the National Electric Safety Code, prepared by the National Bureau of Standards, the National Electric Code of the National Board of Fire Underwriters, and such applicable ordinances and regulations of the City affecting electrical installations, which may be in effect now or in the future.-, All installations shall be of permanent nature and installed in accordance with good engineering practices, and shall be of sufficient height to comply with all City regulations, ordinances and state laws so as not to interfere in any manner with the right of the pbblic or individual property owners, and shall not inter- fere with the travel and use of public places by the public, and during construction, repair or removal thereof, shall not obstruct or impede traffic. The Company's transmission and distribution system, poles, wires and appurtenances shall be located, erected and maintained so as not to endanger the lives of -persons, or cause damage to prope3V, or to interfere with new improvements the City may deem proper to make, or to unnecessarily hinder or obstruct the free use of the public highways, streets, alleys and other public ways, and 3moval of poles to avoid such interference will be at the expense of the Company., In the maintE7.'b` r. oe ;�zid o-peratlora of tli iyu�i.u'vi.i _�.�>:'. •:S'��r: kyk he O! t'ha of construction or additions to their facilities, the Compan shall proceed so as to cause the least possible -inconvenience to the general public. Any opening or obstruction in the streets or other public places made by the Company in the course of its opera- tions or the operations of its successors or assigns shall be guarded and protected at all times by the placement of adequate barriers, fencings, or boardings, the bounds of which during period of dusk and darkness shall be designated by warning lights of ap- proved types.' The Company agrees to remove the facilities erected under the terms of this agreement in the event it ceases to operate here- under. SECTION 5• Compliance with Applicable Laws and Ordinances. The Company shall, at all times during the life of this Franchise, be subject all lawful exarcise of -the police power by the City, including compliance with the National Electrical Code and the National Safety Code, SECTION 6.' Company Liability - Indemnification and Insurance Requirements. It is expressly understood and agreed by and between the Company and the City that the Company shall indemnify, protect and save harmless the City from all claims, demands, actions, judg- ments, oosts, expenses and liabilities of very name and nature which may arise or result directly or indirectly from the Company's oonstruetion, operation or maintenance of its system and the exer- cising of the rights granted hereunder. The Company shall carry insurance with a company qualified to do business in Alabama to protect the parties hereto from and against any and all such claims demands, actions, judgments, costs, expenses and liabilities, with minimum policy limits of Twenty -Five Thousand and No/100 Dollars ($259000.00) for property.damage; One Hundred Thousand and No/100 Dollars ($1009000.00) for personal injury or death to any one per- son, and_Three Hundred Thousand and No/100 Dollars (03009000.00) for personal injuries or death arising out of any one aeeidentt evidence thereof to be filed in the office of the City Clerk and maintained oonti wally during the exercise of the rights granted under this franc see SECTION 7. Conditions on Street Occupancy. (a) Use. All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so.' located astocause minimum interference with the proper use of min�mum'interrereence°wi� �ielr�g Msoande�sona le and to of Property owners who adjoin any of the said streets, alleys or other public ways and places. (b) Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the City Engineer replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced. (c) Relocation. In event that at any time during the period of this Franohise the City shall lawfully elect to alter, or change the grade of any street, alley or other public way, the Company, upon reasobable notice by the City, shall remove, relay, and re- locate its poles,wires, cables, underground conduits, holes and other fixtures at its own expense. (d) Placement of Fixtures. The Company shall not place poles or other fixtures where the same will interfere with any gas, sewer, electric or telephone fixture, water hydrant or main. (e) Temporary Removal of Wire for Building Moving. The Company shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such tem- porary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall be given not less than forty-eight (48) horse advance notice to arrange for such temporary wire changes. (f) Tree Trimming., The Company sihl.l have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to p3went the branches of such trees from coming in contact with the wires and cables of the Company, all trimming to be done under the supervision and direct- ion of the City and at the exepnse of the Company, - SECTION 8. Approval of Transfer. The Company is hereby granted the power to sell, transfer or convey its rights hereunder to any person, firm, corporation or individual. SECTION 9. Payment to City. The Company is to pay to the City, in addition to any and all privilege licenses, and other charges hereinafter levied by the City, a sum equal to three per cent (3%) of the gross rental income received by the Company but not including any income received by the Company for connection or disconnection charges or other income, for revenues within the corporate limits of the City, payable semi-annually on or before the first day of July and the first day of January of each year immediately following the commencement of operation within the City. An annual summary report showing gross rental receipts received by the Company from it's operations within the City during the preced- ing year and such other information as the City shall request with respect to properties and expenses related to the Company service within the City shall be furnished on or before January 1 of each SECTION 10. Term of the Franchise.' The Franchise and rights .erein granted shall take effect and be in force from and after he effective date hereof, as required by law, and continue in brce and effect for a term of thirty(30) years; provided, however, his franchise may be revoked if the construction of the system is .ot commenced within one (1) year from the date final approval is ranted tht Company by any and all state, county, or federal legal odies, and substantially completed within two (2) years from said ate. This franchise is also revocable for just.,cause by the City, uch just cause contemplated herein as failure to -pay franchise axes or fees as hereinbefore set our or failure to comply with n4y other terms set forth in this aggrement by the City, ouch re- ocation to be preceded by notice in writing to the office of the ompany setting forth in what respects said franchise has been ab- ogated by the Company and, if said Company does not correct or omply with the deficiency or breach by it within thirty (30) days fter such notice, then and in that event the City will set a date or a hearing at which time the Company shall present matters in itigation of the circumstances surrounding said breach or defi- iency. SECTION 11. Separability. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any reason held invalid and unconstitutional by any court of compe- tent jurisdiction, such portion shall be deemed a separate, distinct and independent provision an4 such holding shall not affec the validity of the remaining portion hereof. ADOPTED THIS_ �2 (,- day of 1967. Attest: 'City Cle4 Motion by Councilman Reynolds seconded by Councilman Stipes that the following Resolution be adopted. Motion carried. UT BE IT RESOLVED that the--Ci�y-Council and Mayor wholeheartedly endorse the State Highway Department's original plan for four- laneing Greeno Road from Alabama 104 to Morphy Street, and urge its completion during the proposed second phase of construction on U.S.98 now in progress. Motion by Councilman Stipes seconded by Councilman Spader that the following Resolution be introduced: Motion carried. RESOLUTION A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSwSSIxaNT +'hI3 TID3 COST OFr'ri0'V DXD BY 1ih'fi1.RUll &jNL'sjvT oRj_)-t'jq�►rijC�,: 5tit3; 358 AND ASSESSING•THE COST OF SAID IMPROVEMENTS UPON"THE PROPERTY SPECIALLY BENEFITTED-TY, AS AMENDED BY ORDINANCE ALABAMA, as follows: Section 1.` That upon evidence duly presented'to and con- sidered by it, the City Council does hereby make a finding and determination of the following facts: (a) The City Council of the City of Fairhope, Alabama, ado pted an Ordinance on, to -wit: the 25th day of April, 19669 en- titled "IMPROVEMENT ORDINANCE NO. 358; AS -AMENDED BY ORDINANCENO. AN ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON AZALEA STREET, BONSECOUR STREET, BLUE ISLAND AVENUE, ETTLE STREET, GRAND AVENUE, INGLESIDE STREET, PAT-LYNN DRIVE,•PECAN STREET, PERDIDO AVENUE, POMELO STREET, HONFORTH'STREET, WILFRED.STREET, WHITE AVENUE AND GYMNASIUM DRIVE. (b) Provision was made in said .ordinance'for the assessing of the cost of said improvements against the property specially benefitied thereby. (c) Said ordinance provided that said improvements should be constructed in accordance with the details, drawings, plans, surveys, specifications and estimates then ordered to be placed on file in the office of the Engineer where property owners who might be affected by said improvements could see and examine the same. (d) Said ordinance provided that the City Council would meet on the 11th day of July, 1966, at the City Hall in the City of Fairhope, Alabama, at.7:30 o'clock P.M. to hear any objections or remonstranoes that might be made to said improvements, the manner of making the same or the character of the materials to be used. I (e) Said ordinance was published once a week for two con- secutive weeks in the Fairhope Courier, a newspaper published and of general circulation in the City of Fairhope, the first publi-I cation being made not less than two weeks prior to the llth day of July, 1966: (f) A copy of said Improvement Ordinance No: 358, as amen. ded by Ordinance No: 364, was sent by Registered mail, postage pre. paid; to each of the persons last assessing for city taxation the property proposed to be assessed for said improvements at their last known addresses, said notices having been so mailed more than ten days prior to the 12th day of May, 1966." (g) At a meeting of the City Council, held at the time and place fixed in said published notices, all objections and pro- tests were heard and considered and said ordinance was duly con- firmed, and said improvements were finally ordered. (h) Notice was given on May 26th and June 2, 1966, by pub• lication in the Fairhope Courier asking for bids upon all work and materials for the construction of the improvements, the cost of which is hereinafter assessed, and a satisfactory bid was received on the 13th day of June, 1966, and the City Council of the City of Fairhope, as provided by law and said ordinance did, on the 13th day of June, 1966, let the contract to make such improvements to Bouler Construction Company, the lowest responsible bidder: (i) Said improvements have been constructed, completed a accepted in accordance with said ordinance and contract. (j) The Mayor of the City of Fairhbope has caused to be prepared a roll or list showing the names of property owners, a description of each lot or parcel of land proposed to be assessed for such improvements and the amount proposed to be assessed against each of said lots or parcels of land, and the same has been enters in a well -bound book, which was on the day of 19 1, at least twenty days before tare dale of this meeting, delivered to the City Clerk, and continuously thereafter kept on file and open for inspection inthe office of the City Clerk, the person authorized to make collection of said assessments. (k) The City Clerk gave notice to property owners by publication in be Fairhope Courier, a newspaper of general circu- lation in the City of Fairhope, in the issues of April 28th and May 59 1966: (1) the llth day of July, 1966, at the City Hall in the City of Fairhope was Mentioned in the 8oregoing Notice as the time and place at which the City Council of the City of Fairhope would meet to hear and determine any objections or defenses that might be made to such assessments or the amounts thereof. (m) The following objections or assessments against sd.d property or the filed in wiriting with the City Clerk or been made at this meeting, to -wits None'. defenses to the proposed amounts thereof have been in his office or have (n) The City Council has heard and passed upon all of sail objections and protests to said proposed assessments or the amount! thereof under the rules and regulations heretofore adopted, made, and provided by the City Council in such cases. Section 26, That the amount of the assessment against each lo, or parcel of land described and included in said assessment roll be and the same is hereby fixed in accordance with said Improvement Ordinance No: 358, as amended by Ordinance No. 364, in the amounts hereinafter in this resolution set out., Section 3: That it is ascertained by this Council and deter- mined and so adjudged,- that the cost of -constructing said improve- ments is S , and that the total amount assessed agains al he property by this resolution does not ex- ceed the total cost of said improvements, and is not in excess of the increased value of all such property by reason of the special bi fits derived from such improv ements, and that no charge assessed upon or against any lot or parcel of land is greater than the in- creased value of such property by reason of the special benefits derived from the aforesaid improvements, and that all,of the lots or parcels of land so assessed abut on the part of said streets or highways so improved, or on a street or highway intersecting said part of said improved streets or highways within a half a block of the streets or highways; so improved, and that all of the lots or parcels of land so located are included in said assessment. - Section 4.' That the names of the property owners, a descript; of each lot or parcel of land assessed for said improvements, and the amount of such assessment against each lob or parcel of land for said improvements are hereby detenined adjudged and fixed as follows, to -wits Records in the Office of the City Clerk. ATTEST: y Ater APPROV Mayor Motion by Councilman Stipes seconded by Councilman Gaston that the meeting adjourn. motion carried. TTEST: y Lie APPRO E s Mayor ine- LOU AUGUST BILLS? i GENERAL FUND Southern Bell T & T Cc Eugene Bosby Magnolia Beach Florist Mader Bearing Supply Ruffles Co. Burford Equip. Co. Southern Auto Parts Parker House Police 288.14 19804.64 20.00 12.94 17.38 64.88 127.03 6.00 Fairhope Hdwe, Fire Dept 38.71 Gen. 145.35 184.06 Western Auto Store Material Sales Goodyear Service Stores Western Lumber & Supply Gaston Motor Co. Police McKean Inc. Bedsoles Police John Duck 0. Lowell Julwins Police Fairhope Laundry & Cleaners Burroughs Corp. Waller Bros. W.S. Darley & Co. Fairhope Courier Police Foley Tractor Cowles Printing Marine Specialty Co. Trailway Oil Co. Paper Products Cc M & S Service Station Fairhope Pharmacy 2018 579.26 253.78 4. 11.25 Gen. 10.66 21.91 Police 13.85 Jail Gen, Police Police Fairhope Welding & Machine Fairhope Photo Shop Fire Dept. 4.50 Superior Hdwe Inc. Fire Dept. 11.9 Electronic Services Police Radcliff Materials Inc. John R Cowley Hall Sign & Post Co. Texaco Inc. Specialty Sign Co. Minnesota Mining & Mfg. Co. Jack Cooke & Co. Bay Paint Co. Gulf Oil Co. 1 7.75 5.00 21.25 31.00 22.90 6.50 9 60. .22 .071 84.94 98.79 1 2.17 6.95 43.08 112.37 6.30 8.00 �.79 Police 3.55..0000 Gen 9.80 1.07 109.03 33.00 36.00 165.87 11.99 9g. 24 33•38 Fire Dept, 9.75 Manniehs City Market Police Fairhope Auto Repair Threadgill Body Shop Addressograph Corp.1 Hadley Motor Co. Police Frank R Wade Electric Dept, Riviera Utilities Southern Bell Tel & Tel Charles F Hrabe Jr. General Electric Supply Co. Western Auto Store Hatfield & Co Nix & Fleming Supply Co. Wesbbrn Lumber & Supply Gaston Motor Co McKean Inc. Hill - Soberg Co. M & S Service Station Fairhope Welding & Machine Turner Supply Co. Busy B Garage Radcliff Materials Inc. Fairhope Auto Repair 44�65 8 .41 32.57 12.55 18.9 20. OS 72.Z0 23.25 -------------- 69201.78 229054.59 17.54 30.00 416.25 8.19 147.87 477.00 4.50 4.78 7.50 205.92 3.00 2.00 108.90 48.30 215.69 7.75 ------------ 239759.78 Water & Sewer Dept. 519:00 Turner Supply Co. 252.60 Material Sales Co. 11.00 Fairhope Hdwe. Nix & Fleming Supply Co. 11.70 Western Lumber & Supply Co. �,25-95Gaston Motor Co.6 1.556 McKean Inc. . Jones Welding Co. 2650 Universal Joints Wharehouse 20.13 Fairhope Welding & Machine 1320 Turner Supply Co. 72 114. McKesson & Robbins 14.5 59 Eastern Industries 43.95 Wallace & Tiernan Inc. 4 1.95 97 Mueller Co. 119.o6 Chicago Pump 1.25 Fairhope Auto Repair 211.00 Neptune Meter Co. ._.�13 Gas Dept. Griffin Motor Co. 26•75 99.05 Material Sales 26•39 Southern Auto Parts 2.50 Western Lumber & Supply 447-43502 GastonMotor Co. Marine Specialty Co. 5.8700 Carl Rousseau Fairhope Welding & Machine 5. American Meter Co. 145.00 19 United Gas Co. 5A'O" 0 Recreation Board ' West BaldwinWater 19.00 41.72 Riv#ara Utilities 24.00 Forrest Ind. 9.90 Mannichs City Market 231.70 West Baldwin Water 4.50 West Baldwin Water s Airport Board Byrat L Moore & Co. 50.00 Total 329424.01 59420.40 379844.41 RESOLUTION NO. A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESSMEN S FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE NO. 358 AND ASSESSING THE COST OF SAID IMPROVEMENTS UPON THE PROPERTY SPECIALLY BENEFITED THEREBY, AS AMENDED BY ORDINANCE NO. 364. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE. ALABAMA, as follows: Section 1. That upon evidence duly presented to and con- sidered by it, the City Council does hereby make a finding and determination of the following facts: (a) The City Council of the City of Fairhope, Alabama, adopted an ordinance on, to -wit: the 25th day of April, 1966, en AS AMENDED BY ORDINANCE N0. 364 titled, "IMPROVEMENT ORDINANCE NO. 358;/AN ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON AZALEA STREET, BON SECOUR STREET, BLUE ISLAND AVENUE, ETTLE STREET, GRAND AVENUE, INGLESIDE STREET, PAT- LYNN DRIVE, PECAN STREET, PERDIDO AVENUE, POMELO STREET, RONFORTH STREET, WILFRED STREET, WHITE AVENUE AND GYMNASIUM DRIVE. (b) Provision was made in said ordinance for the assessinc of the cost of said improvements against the property specially benefited thereby. (c) Said ordinance provided that said improvements should be constructed in accordance with the details, drawings, plans, surveys, specifications and estimates then ordered to be placed on file in the office of the Engineer where property owners who might be affected by said improvements could see and examine the same. (d) Said ordinance provided that the City Council would meet on the llth day of July, 1966, at the City Hall in the City of Fairhope, Alabama, at 7:30 o'clock P.M. to hear any objections or remonstrances that might be made to said improvements, the manner of making the same or the character of the materials to be used. (e) Said ordinance was published once a week for two cons4c- utive weeks in the Fairhope Courier, a newspaper published and of general circulation in the City of Fairhope, the first publicatior being made not less than two weeks prior to the llth day of July,'I 1966. as amended by Ordinance No. (f) A copy of said Improvement Ordinance No. 358/was sent by Registered Mail, postage prepaid, to each of the persons last assessing for city taxation the property proposed to be assessed for said improvements at their last known addresses, said notices having been so mailed more than ten days prior to the 12th day of May, 1966. (g) At a meeting of the City Council, held at the time ani place fixed in said published notice, all objections and protests were heard and considered and said ordinance was duly confirmed, and said improvements were finally ordered. (h) Notice was given on May 26th and June 2, 1966, by publication in the Fairhope Courier asking for bids upon all work and materials for the construction of the improvements, the cost of which is hereinafter assessed, and a satisfactory bid was re- ceived on the 13th day of June, 1966, and the City Council of the City of Fairhope, as provided by law and said ordinance did, on the 13th day of June, 1966, let the contract to make such improve ments to Bouler Construction Company, the lowest responsible bidd (i) Said improvements have been constructed, completed and accepted in accordance with said ordinance and contract. (j) The Mayor of the City of Fairhope has caused to be prepared a roll or list showing the names of property owners, a description of each lot or parcel of land proposed to be assessed for such improvements and the amount proposed to be assessed against each of said lots or parcels of land, and the same has been entered in a well -bound book, which was on the day of , 19 , at least twenty days before the date of this meeting, delivered to the City Clerk, and continuous thereafter kept on file and open for inspection in the office of the City Clerk, the person authorized to make collection of said assessments. (k) The City Clerk gave notice to property owners by pub- lication in the Fairhope Courier, a newspaper of general circula- tion in the City of Fairhope, in the issues of April 28th and May 5, 1966. 364 er. (1) The llth day of July, 1966, at the City Hall in the City of Fairhope was mentioned in the foregoing Notice as the tim( and place at which the City Council of the City of Fairhope would meet to hear and determine any objections or defenses that might be made to such assessments or the amounts thereof. (m) The following objections or defenses to the proposed assessments against said property or the amounts thereof have beer filed in writing with the City Clerk or in his office or have beer made at this meeting, to -wit: None. (n) The City Council has heard and passed upon all of saic objections and protests to said proposed assessments or the amount thereof under the rules and regulations heretofore adopted, made, and provided by the City Council in such cases. Section 2. That the amount of the assessment against each lot or parcel of land described and included in said assessment roll be and the same is hereby fixed in accordance with said Im- provement Ordinance No. 358, as amended by Ordinance No. 364, in the amounts hereinafter in this resolution set out. Section 3. That it is ascertained by this Council and determined and so adjudged, that the cost of constructing said improvements is $ , and that the tota' amount assessed against all the property by this resolution does not exceed the total cost of said improvements, and is not in I excess of the increased value of all such property by reason of the special benefits derived from such improvements, and that no charge assessed upon or against any lot or parcel of land is greater than the increased value of such property by reason of the special benefits derived from the aforesaid improvements, and that all of the lots or parcels of land so assessed abut on the part of said streets or highways so improved, or on a street or highway intersecting said part of said improved streets or high- ways within a half a block of the streets or highways so improved and that all of the lots or parcels of land so located are in- cluded in said assessment. �s Section 4. That the names of the property owners, a description of each lot or parcel of land assessed for said impro) ments, and the amount of such assessment against each lot or parc( of land for said improvements are hereby determined, adjudged and fixed as follows, to -wit: ATTEST: See attached schedule. 2�_ P% CITY CLERK APPROVED: �l MAYOR le- 11 1'2'